Relations with Great Britain. the British West India and North American colonies; and that no other or higher duties shall be payable on importations from the United States, directly or indirectly, than on similar articles imported from any foreign country, or from any of the British colonies themselves. ART. 1. The vessels of the United States and British vessels shall have liberty to import, from any of the ports of the United States to which any foreign vessels are permitted to come, into any of the following ports, namely: Kingston, Savannah le Mer, Montego bay, Santa Lucia, Antonio, Saint Anne, Falmouth, and Porta Maria, in the island of Jamaica; San Joseph, in the island of Trinidad; Scarborough, in the island of Tobago; Saint George, in the island of Granada; Kingston, in the island of Saint Vincent; Bridgetown, in the island of Barbadoes; Rosseau, in the island of Dominica; St. John's, in the island of Antigua; Road Harbor, in the island of Tortola ; the principal port of Turk's Island; Nassau, in the island of New Providence; Pittstown, in Crooked Island; and the principal port of the island of Bermuda, tobacco, pitch, tar, turpentine, staves, headings, shingles, horses, mules, poultry, live stock, and provisions of all sorts, (except salted provisions of any description, whether meat, fish, or butter,) such articles being the growth, produce, or manufacture of the United States, [and any other articles of the growth, produce, or manufacture of the United States, the importation of which into the above-mentioned ports shall not be entirely prohibited from every other foreign country or place.] And the vessels of the United States and British vessels shall have liberty to export, from any of the said ports of His Britannic Majesty's dominions, to any of the aforesaid ports of the United States, rum, molasses, and salt, being of the growth, produce, or manufacture of any of the abovementioned dominions, [and any other articles of the said growth, produce, or manufacture, the exportation of which to any other foreign country or place shall not be entirely prohibited.] A draught of two articles to this effect, and forming a compromise between the articles proposed by you at the third, and those offered by the British Plenipotentiaries at the fifth and eighth conferences, is herewith enclosed. We consent, by this proposal, to restrict the list of articles to be admitted in the trade, even as the British Cabinet itself desires; but we adhere to the principle that, of this traffic, thus limited, our shipping shall have the chance of carrying its fair proportion, and shall stand upon equal terms of competition with the British. It is not intended that you should be confined to the letter of this draught. It may be modified in regard to the expression, as you think proper; and, if desired by the British Government, the two passages included within brackets in the draught of the first article may be omitted. But you will candidly state to Lord Castlereagh, that our ultimate object of participating in the navigation of this necessary trade having been explicitly avowed, must be steadily pursued; that we may deem it more for our interest to leave it on the footing of reciprocal mutual regulation, than to bind ourselves by any compact, the result of which must be to disappoint us of that object; that we think the effect of the three articles declared to be inseparable by the British Plenipotentiaries, would be to deprive us even of the portion of the carrying trade which we have already secured by our existing laws, and which we believe we can further secure; and that it is far better for the harmony of the two nations to avoid any bargain in which either party, after agreeing to it, shall have, by the experience of its effect, the sentiment of having been overreached brought home to its councils. We ask for no such engagement on the The vessels of either party, employed in the part of Great Britain. We have too much con- trade provided for by this article, shall be admit fidence in the wisdom and liberality of her Cab-ted in the ports of the other, as above mentioned, inet to believe that they would wish to obtain such an engagement from us. At every step of counteracting regulation that we have taken, or shall take, in this concern, we proceed with reluctance, because we are convinced it might be adjusted more to the mutual interest and mutual understanding by amicable arrangement than by countervailing legislation. But, to whatever arrangement we may subscribe, we are convinced it can answer no useful purpose, unless it shall prove to be founded on the reciprocity of real effects, instead of hinging upon that of words. Your power heretofore given is considered sufficient to authorize you to sign two additional articles of the substance of those enclosed, with any person or persons duly authorized by the British Government. If agreed to, they may be declared supplementary to those of the convention of the 20th of October, and to be of the same duration. They must, of course, be submitted to the sanction of the Senate for ratification here. without paying any other or higher duties or charges than those payable in the same ports by the vessels of such other party; and they shall have liberty, respectively, to touch, during the same voyage, at one or more of the above-mentioned ports of the other party, for the purpose of disposing of their inward, and of taking on board their outward cargoes. No other or higher duties shall be paid on the importation from the United States into the abovementioned ports of the British colonies, or from the said ports into the United States, of any of the articles importable by virtue of this convention, when imported in the vessels of either of the two nations, than when imported in the vessels of the other; nor when imported directly between the United States and the said ports, or vice versa, than when imported in a circuitous manner. No other or higher duties shall be charged upon any of the above-mentioned articles, when imported by virtue of this convention Relations with Great Britain. into the United States, or into any of the ports aforesaid, than may be charged on similar articles when imported from any foreign country into the United States, or from any other country or place whatsoever into the said ports. The same duties shall be paid, and the same bounties shall be allowed on the exportation of any articles which may, by virtue of this article, be exported from the said British ports to the United States, or from the United States to the said ports, whether in vessels of the United States or in British vessels. and liberal reciprocity, rather than stand any longer upon the conflict of arbitrary laws. In this spirit I was instructed to offer a projet, which had been carefully drawn up upon the basis of a compromise between the pretensions of the two parties, and which, indeed, would be found to fall in so entirely with the propositions of Great Britain, in some respects, and to make such an approximation to them in others, that a hope was cherished of its proving acceptable. That, in particular, it would be found to adopt the description of naval stores and of lumber, as articles to be exported from the United States, upon which the British Plenipotentiaries had themselves insisted-confining the former to pitch, tar, and turpentine, and the latter to staves, headings, and shingles, contrary to the more enlarged signification which it had been the desire of the American Plenipotentiaries to give to them; that it acquiesced also in the exclusion of all salted provisions, including the important article of fish; that it, moreover, came wholly into the British views, in consenting to the exclusion of sugar and coffee as articles to be imported into the United States from the British West Indies; it being understood that the above traffic was to be opened upon equal terms, in all respects, to American and British vessels. ART. 2. The vessels of the United States and British vessels shall have liberty to export from any of the ports of the United States to which any foreign vessels are permitted to come, to the ports of Halifax, in Nova Scotia, and of St. John's, in New Brunswick, and to any other port within the said provinces of Nova Scotia and New Brunswick, to which vessels of any other foreign nation shall be admitted, any article of the growth, produce, or manufacture of the United States, which, by virtue of the preceding article, is importable from the United States into the British colonial ports therein named, and upon the same terms in regard to the payment of duties and charges; and they shall have liberty to import from any of the aforesaid ports within the provinces of Nova Scotia and New Brunswick, into In return for such an accommodation to the any of the aforesaid ports of the United States, colonial views of Great Britain, the projet asked, gypsum and grindstones, the produce or manu- on the other hand, that the list of articles exportfacture of the said provinces, and any other arti-able from the United States to the West Indies cles of the said produce or manufacture, the ex- should be the same as to Bermuda, and to the portation of which from the said provinces, and British North American colonies; that the artithe importation of which into the United States, cles exportable to the United States should be to or from any other foreign country, shall not be confined to such as were of the growth, produce, altogether prohibited. The vessels of either party or manufacture of the above islands or colonies; employed in this trade, shall pay no other or and that the same duties, and no more, should be higher duties or charges than those of the other. payable on importations from the United States The same duties of importation and of exporta- into the West Indies, whether the articles were tion shall be paid on the articles imported or ex-brought directly or indirectly, as on similar artiported by virtue of this article, and the same bounties allowed on their exportation, whether in vessels of the United States or in British vessels. Extract of a letter from Mr. Rush, Envoy, &c., at London, to Mr. Adams, Secretary of State, dated LONDON, June 14, 1819. I was honored, on the 8th instant, with your despatch No. 17, of the 7th of May. On the 9th I addressed a note to Lord Castlereagh, to request an interview, that I might proceed to lay before this Government, without losing any time, the determinations to which the President had come on the important subject of the commercial intercourse between the United States and the West Indies. His Lordship appointed yesterday for me to wait upon him. I commenced with calling to mind the point at which the discussion had left off upon this branch of the negotiation last Autumn, and gave a new assurance of the President's earnest desire to see this trade opened upon a footing of entire | cles imported into the West Indies from any foreign country, or from any of the British colonies. With this outline of its contents, I handed a copy of the projet which came enclosed in your despatch to his Lordship. The discussions between the Plenipotentiaries of the two Governments having recently been so ample on the matters which it embraces, I thought that nothing was likely to be gained by my leaving room for the possible hope that any of its essential provisions would be departed from. Accordingly, I deemed it best to say with candor, in the first instance, that as it was offered, so was it to be taken; for that my present instructions would admit of no deviations, unless on points verbal, or otherwise immaterial. I shall bear in mind that the parts within crotchets may be omitted. His Lordship received it with an assurance that a full and candid consideration would be given to it. The pressure of Parliamentary business might, he said, delay an attention to it for some weeks, but that at as early a day as was practicable it would be taken up. I replied, that I believed that the great object would be attained on our side if a decision were communicated to me in full time Relations with Great Britain. to be made known to the President before the next session of Congress. Should our propositions prove acceptable, I was empowered, I added, to make them supplementary to the convention of the 20th of October, subject always to the ratification of the Senate. I here closed, having endeavored in the course of my remarks to convey to his Lordship's mind those general reasonings applicable to our propositions which are unfolded in your despatch, and to which I shall again advert on future occasions, should it become necessary. The confidential report of the 19th of February, by the Committee of Foreign Relations in the Senate, was safely received under cover of your despatch. cisely equal terms. If the system fell by such an arrangement, it was as an incident, and only showed how difficult it seemed to render its long continuance consistent with a proper measure of commercial justice towards us. So broad and unequivocal was his Lordship's refusal, that it seemed almost superfluous to ask him to be more particular; yet, perceiving in me a wish to be made acquainted rather more specifically with the objections, he said that he would not scruple to mention them without, however, entering into details, for which he was not prepared, and which had been amply unfolded on both sides during the negotiation this time twelvemonth. The objections were three-fold. First, we asked an enumeration, by name, of all Extracts of a letter from Mr. Rush to the Secre- the ports in the West Indies that we desired tary of State, dated LONDON, September 17, 1819. Lord Castlereagh came to town on the 15th instant, and granted me an interview yesterday on the business of the West India trade. should be open to our vessels; secondly, that the trade between the United States and the British colonies on the continent of America, and with Bermuda, should be confined within the same limits as that between the United States and the West India islands direct; and, thirdly, we asked Holding in his hands the proposals I had sub- that the duties on articles imported from the Unimitted, his Lordship premised that he thought it ted States into the islands, in American ships, would be perhaps best for him to answer them in should be no higher than on the same articles the same general way that the British articles, when imported in British ships from the United submitted through my predecessor in 1817, had States, or from any other country, without saying been answered; that is, not in any formal man- foreign country. These three provisions, partic ner, but merely by a word of conversation with ularly the second and third, would form insurme. I said that I was sure that the form of the mountable obstacles to the conclusion of any conanswer would make no difference; its transmis-vention which should purport to embrace them. sion to my Government, in whatever mode his I contented myself with replies as general. The Lordship might be pleased to convey it to me, communications from the joint mission last year, would doubtless effect every substantial purpose. as well as some separate ones from this legation In the answer there was no hesitation. Our after it was over, will have informed the Presiproposals, he said, were not of a nature to form dent how fully the views of our Government, on the basis of any agreement between the two coun- the injustice of this system, in all its past effects tries. They would effect an entire subversion of upon us, have heretofore been stated. On this the British colonial system: from this system occasion I remarked, as to the first objection, that they were not prepared to depart. Their colonies it was plain that, if the ports were not specially were, in many respects, burdensome, and even named, the privilege of admission to them would, liable to involve the country in wars. Garrisons at any time, be revokable whenever Great Britand other establishments were constantly main-ain thought fit to exclude from them any other tained in them, at a heavy charge. In return, it was just that they should be incumbered with regulations, the operation of which might help to meet, in part, the expenses which they created. The great principle of these regulations was known to be the reservation of an exclusive right to the benefit of all their trade-a principle, of which the free-port acts had, it was true, produced some relaxation; but it had never been the intention of this Government to do any thing more than to offer to us a participation in these acts. Some modifications of them would have been acquiesced in, suggested by local causes, and an anxious desire that our two countries might come to an understanding on this part of their intercourse. But to break down the system was no part of their plan. Our proposals, therefore, could not be accepted. Such were his remarks. I observed, that to break down the system was not our aim. All that we desired was, that the trade, as far as it was gone into at all, should be open to the vessels of both nations upon pre foreign vessels. It would be, in short, a privi- Relations with Great Britain. all of these colonies were, indeed, of her dominion, yet were they made to stand, with respect to us, in the light of separate and independent countries. This was the keystone of the colonial doctrine. Why should we not, in turn, adopt and apply it to Great Britain? If we stipulated not to impose upon articles imported into the United States from the British West Indies any higher duties than upon the same articles coming from any other foreign country, a similar provision by Great Britain, to impose on articles exported from the United States to her islands no higher duties than on the same articles when brought from any other foreign country, would obviously be one of but nominal reciprocity; since, after her own dominions on the continent of America, there was no other place whence such exportations to her islands would ever be made. Thus it was that this third provision, combined with the two others, became necessary to enable the United States, whilst prosecuting a trade with the British West Indies, to place their navigation upon a footing, not of verbal merely, but of real equality. It was the latter alone that could lay the foundations of a compact between the two nations that could ever be satisfactory or lasting. His Lordship did not hold to such views, and the conversation was not prolonged. It is proper for me to add, that he requested it to be understood that, whilst our proposals were declined, it was altogether in a friendly spirit, and that no complaint would be made, as had frequently been intimated, at our resorting to any just and rightful regulations of our own which we might deem necessary to meet theirs, in relation to these islands. I rejoined, that I thought it probable that some such regulations would, before long, in addition to those existing, be adopted. Having earnestly endeavored to fulfil all my instructions, in their full spirit of anxiety for a different result upon this subject, my duty appears now to have arrived at its close. Extract of a letter from Mr. Adams, Secretary of State, to Mr. Rush, Envoy, &c. at London, dated DEPARTMENT OF STATE, May 27, 1820. I have the honor of transmitting, herewith, a copy of the laws passed at the last session of Congress, which closed on the 15th instant, among which you will find one, page 116, entitled "An act supplementary to an act concerning navigation," which has an important bearing upon our commercial relations with Great Britain. The subject to which that act relates has so recently and so fully been discussed between the two Governments, that it may be superfluous, though it cannot be unseasonable, to assure the British Cabinet, as you are authorized to do, that it was adopted with a spirit in nowise unfriendly to Great Britain; and that, if at any time the disposition should be felt there to meet this country by arrangements founded on principles of reciprocity, it will be met, on the part of the United States, with an earnest wish to substitute a system of the most liberal intercourse, instead of that of counter-prohibitions, which this act has only rendered complete. CONVENTION WITH GREAT BRITAIN. The United States of America and His Majes ty the King of the United Kingdom of Great Britain and Ireland, desirous to cement the good understanding which happily subsists between them, have for that purpose, named their respective Plenipotentiaries, that is to say: the Presi dent of the United States, on his part, has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to the Court of France; and Richard Rush, their Envoy Extraordinary and Minister Plenipotentiary to the Court of His Britannic Majesty and His Majesty has appointed the right honorable Frederick John Robinson, treasurer of His Majesty's Navy, and president of the committee of Privy Council for trade and plantations; and Henry Goulburn, Esq., one of His Majesty's under Secretaries of State: who, after having exchanged their respective full powers, found to be in due and proper form, have agreed to and concluded the following articles: ART. 1. 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 Greeks, from Mount Joli, on the southern coast of Labrador, to and through the finitely, along the coast, without prejudice, how straits of Belleisle, and thence northwardly, indeever, 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 New foundland, hereabove described, and of the coast of Labrador; but so soon as the same, or any por tion 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 ·Relations with Spain. and of repairing damages therein, of purchasing wood, and of 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. ART. 2. It is agreed that a line drawn from the most northwestern point of the Lake of the Woods, along the forty-ninth parallel of north latitude, or, if the said point shall not be in the forty-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 with the said parallel, shall be the line of demarcation between the territories of the United States and those of His Britannic Majesty, and that the said line shall form the northern boundary of the said territories of the United States, and the southern boundary of the territories of His Britannic Majesty, from the Lake of the Woods to the Stony mountains. ART. 3. It is agreed that any country that may be claimed by either party on the northwest coast of America, 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, for the term of ten years from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two Powers: it being well understood that 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 part of the said country, nor shall it be taken to affect the claims of any other Power or State to any part of the said country; the only object of the high contracting parties, in that respect, being to prevent disputes and differences amongst themselves. and which shall remain therein upon the exchange of the ratifications of this treaty; or any slaves or other private property." And whereas, 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, whether such slaves were, at the date aforesaid, on shore, or on board any British vessel 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 or any slaves, as above described, the high contracting parties hereby agree to refer the said differences to some friendly sovereign or State, to be named for that purpose; and the high contracting parties further engage to consider the decision of such friendly Sovereign or State to be final and conclusive on all the matters referred. ART. 6. This convention, when the same shall have been duly ratified by the President of the United States, by and with the advice and consent of the Senate, and by His Britannic Majesty, and the respective ratifications mutually exchanged, shall be binding and obligatory on the said United States and on His Majesty; and the ratifications shall be exchanged in six months from this date, or sooner, if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have hereunto affixed the seal of their arms. Done at London, this twentieth day of October, in the year of our Lord one thousand eight hundred and eighteen. [L. S.] ALBERT GALLATIN, RICHARD RUSH, L. S.] FRED. JOHN ROBINSON, [L. S.] HENRY GOULBURN. L. S. ART. 4. All the provisions of the convention "to regulate the commerce between the territories of the United States and of His Britannic Majesty," concluded at London on the third day of July, in the year of our Lord one thousand eight hundred and fifteen, with the exception of SPAIN-RATIFICATION OF THE CONVEN was the clause which limited its duration to four years, and excepting, also, so far as the same affected by the declaration of His Majesty respecting the island of St. Helena, are hereby extended and continued in force for the term of ten years from the date of the signature of the present convention, in the same manner as if all the provisions of the said convention were herein specially recited. ART. 5. 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, TION OF 1802. |