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In case of the death, sickness or Denmark, the Government of the necessary absence of any Com- United States declares itself enmissioner, bis place may be tirely satisfied, not only in what supplied by the appointment of concerns the said Government, another Commissioner, in the but also in what concerns the citimanner before mentioned, or dur- zens of the said United States, on ing the recess of the Senate, by account of the claims hitherto the President of the United States. preferred, or which may hereafter The Commissioners shall be au- be preferred, relating to the seizure, thorized to hear and examine, on detention, condemnation or conoath or affirmation, every question fiscation, of their vessels, cargoes, relating to such claims, and to or property whatsoever, which in receive all suitable authentic testi- the last maritime war of Denmark, mony concerning the same. have taken place under the flag
In order to facilitate the pro- of Denmark, or in the States subceedings of this Board, His Ma- ject to the Danish sceptre; and jesty the King of Denmark en- the said claims shall consequently gages, when thereunto required, be regarded as definitively and to cause to be delivered to any irrevocably terminated. person or persons, who shall be ART. 5. The intention of the duly authorized for that purpose, iwo high contracting parties being by the Government of the United solely to terminate, definitively and States, in addition to the papers irrevocably, all the claims which already delivered, all the acts, have hitherto been preferred, they documents, ships' papers and expressly declare that the present prize proceedings, which may still Convention is only applicable to remain in the archives of the the cases therein mentioned ; and High Court of Admiralty, or the having no other object, can never, Prize Tribunals of Denmark, re- hereafter, be invoked by one or lating to the seizure, detention, the other as a precedent or rule condemnation or confiscation, of for the other. the vessels, cargoes or property Art. 6. The present Convenwhatsoever, belonging to the citi- tion shall be duly ratified by the zens of the United States of high contracting parties, and the America before the said tribunals. ratifications shall be exchanged at
The Commissioners shall Washington, in the space of ten award, and cause to be distributed months, or sooner if possible. among the several parties, whose In faith thereof, and in virtue claims shall be allowed by the of our respective full powers, we Board, the sum mentioned in have signed the present ConvenArticles 1 and 2, in a ratable pro- tion, and have thereunto set the portion to the amount of the re- seals of our arms. spective claims thus allowed.
Done at Copenhagen, this 28th ART. 4. In consideration of the day of March, 1830. renunciation and payment men- HENRY WHEATON, [L. s.] tioned in Articles i and 2, on the E. H. SCHIMMELMANN,
L. S. part of His Majesty the King of STEMANN,
The said Convention was duly Knight Commander of the Royal ratified on both parts, and the re- Order of Dannebrog, His Danish spective ratifications of the same Majesty's Councillor of Conferwere exchanged at Washington, ence and His Minister Resident by MARTIN VAN BUREN, Secre- and Consul General in the United tary of State of the United States, States, on the part of His said on the part of said States, and the Majesty. Chevalier PETER PEDERSON,
Papers relating to the Arrangement in Relation to the Trade between
the United States and the British Colonies, &c.
To the Senate of the United States : the United States, an apprehension
I communicate to Congress was entertained by the Governthe papers relating to the recent ment of Great Britain, that, under arrangement with Great Britain the contemplated arrangement, with respect to the trade between claims might be set up, on our her colonial possessions and the part, inconsistent with the propoUnited States, to which reference sitions submitted by our minister, was made in my message at the and with the terms to which she opening of the present session. was willing to agree; and that
It will appear from thoso doch- this circumstance led to explanaments, that, owing to the omission tions between Mr McLane and in the act of the 29th May last of the Earl of Aberdeen, respecting a clause expressly restricting im- the intentions of Congress, and portations into the British colonies the true construction to be given in Americani vessels to the pro- to the act referred to. ductions of the United States; to To the interpretation given by the amendment engrafted upon them to that act, I did not hesitate that act in the House of Repre- to agree. It was quite clear thai, sentatives, providing that, when in adopting the amendment referthe trade with the West India red to, Congress could not have colonies should be opened, the intended to preclude future alteracommercial intercourse of the tions in the existing intercourse United States with all other parts between the United States and of the British dominions or pos- other parts of the British dominsessions should be left on a footing ions; and the supposition that the not less favorable to the United omission to restrict, in terms, the States than it now is; and to the importations to the productions of act not specifying the terms upon the country to which the vessels wbich British vessels coming from respectively belong, was intentionthe northern colonies should be al, was precluded by the proposiadmitted to enter into the ports of tions previously made by this Gov
ernment to that of Great Britain, produce or manufacture of the and which were before Congress, nations to which such foreign ships at the time of the passage of the or vessels might belong—such react, by the principles which gov- peal to take effect in favor of any ern the maritime legislation of the foreign nation which should aboltwo countries, and by the provis- ish similar duties, so far as they ions of the existing commercial operated to the disadvantage of treaty between them.
the United States. Actuated by this view of the In the year 1817, they restrictsubject, and convinced that it was ed the importation into the United in accordance with the real inten- States, in foreign vessels, to artitions of Congress, I felt it my cles of the growth, produce, or duty to give effect to the arrange- manufacture of the country to ment by issuing the required which such vessels belonged, or proclamation, of which a copy is as could only be, or were most likewise herewith communicated, usually shipped in the first instance ANDREW JACKSON.
from such country; provided that Washington, 30 January, 1831.
such regulation should not extend to the vessels of any foreign na
tion which had not adopted, or Extracts of a letter
from Mr Van should not adopt a similar regulaBuren to Mr McLane, dated tion with regard to them. July 20, 1829.
In the year 1824, they declarFirst. The trade between the ed the suspension of all discrimiUnited States and the British nating duties, in relation to the American Colonies. The policy vessels and produce of several of the United States in relation to European nations, and of their tertheir commercial intercourse with ritories in Europe, which had acother nations is founded on princi- cepted of the terms proffered by ples of perfect equality and reci- the act of 1815, and conferred procity. By the adoption of these authority upon the President to principles, they have endeavored extend the same exemption to all to relieve themselves from the dis- nations thereafter complying with cussions, discontents, and embar- its requirements; and in 1828, rassments, inseparable from the an act was passed, authorizing the imposition of burthensome dis- President to extend the exempcriminations. These principles tion in regard to alien duties, were avowed while they were which, by the acts of 1815 and yet struggling for their indepen- 1824, was restricted to the prodence, are recorded in their first ductions of the country to which treaty, and have since been ad- the vessel belongs to the produchered to with the most scrupulous tions of any foreign country imfidelity. In the year 1815, they ported into the United States in repealed all their acts imposing the vessels of any nation which discriminating tonnage duties on would allow a similar exemption foreign ships or vessels, and of in favor of the United States. impost, so far as respected the The terms proposed by our act
of 1815 were adopted in the ject of this country, and, until a commercial treaty between the very late period, the avowed wish United States and Great Britain of Great Britain. in the same year, which has been The twelve years which have twice extended, and is now in full elapsed have, with occasional inforce. By it, the commercial in- termission, been employed in entercourse between the United deavors to arrange those terms by States and the British possessions negotiation, or to secure them in Europe is established upon just through the agency of separate and equal terms. The United legislative enactinents; and alStates desired to place their trade though the two Governments have with the British American colo- more than once concurred in each nies on the same footing. The other's views as to the conditions Government of Great Britain to which they would assent, their would not then consent to that respective acts have resulted in arrangement, and it was conse- the almost entire suppression of quently stipulated in the treaty the trade. Since the 1st of Dethat the intercourse between the cember, 1926, there has been a United States and His Britannic total non-intercourse between the Majesty's possessions in the West United States and the British Indies, and on the continent of American colonies in British vesNorth America, should not be af- sels, and the same in regard to fected by any of its provisions, American vessels, (with the exand that each party should remain ception of the permission allowed in complete possession of its re- to the latter, to carry on a direct spective rights with regard to trade with the British North such intercourse. The trade and American possessions, the Babaintercourse between the United ma Islands, and the Island of States and the British colonies Anguilla, upon terms prescribed previous to and at that time, were by Great Britain alone.) The only such as were permitted by acts of the two Governments British legislation, or regulation which have led to this result are by orders in Council. It had al- so intimately connected with the ways been of a restricted and positions which they respectively unequal character, and every pre- occupy, and of a nature calculavious attempt to place it upon ted to have so much influence on just terms had wholly failed. the measures of conciliation and Since 1815, both Governments redress which may be adopted, as have uniformly admitted it to be to render it important that they their belief that a commercial in- should be fully known and accutercourse between the United rately understood. Your partiStates and the British colonial cipation in the public councils has possessions referred to, upon terms given you a general view of their of fair reciprocity, would promote principal outlines; but it is thought their mutual interests.
advisable to furnish you with a To establish it upon such terms more particular exposition than has always been the sincere ob- the opportunities you have enjoy
ed would allow you to obtain. A vailing measures were resorted to. very brief sketch of such as are The act of Congress of the 18th most prominent is, with this view, of April, 1818, concerning navisubmitted to you.
gation, was passed. Its object The direct trade between the was to counteract acts of a like United States and Great Britain character long before existing on was found to be so interwoven the part of Great Britain, restrictwith and dependent upon, that ive of the trade with her colonies in between the United States and vessels of the United States. By the colonies, as, in a great mea- that act, the ports of the United sure, to deprive the former of the States were closed against British advantages intended to be secured vessels coming from any British to them by the treaty of 1815, so colony, which was, by the ordinary long as the intercourse with the laws of navigation and trade, colonies was monopolized by Brit- closed against vessels of the United ish navigators. Several efforts States; and British vessels sailing were consequently made, between with cargoes from ports of the the years 1815 and 1818, to in- United States were laid under duce the British Government to bonds to land their cargoes in adjust this collision of interests by some port or place other than a amicable negotiation. They were colony closed against vessels of unsuccessful. In 1817, a propo- the United States. sition was subnitted to our Minis The negotiation was in the ter at London by the Secretary same year renewed, and another of State for Foreign Affairs, attempt, equally unsuccessful, was Lord Castlereagh, which was said made to open the trade, and esto contain all that could then be tablish it upon principles which assented to by Great Britain to- were claimed by our Government wards admitting the United States to be those of fair reciprocity. to a participation in the trade be The act of Congress of the tween them and the colonies. 15th of May, 1820, supplemenBy this it was proposed to extend tary to an act entitled “ An act to the United States the provisions concerning navigation,”' followed. of their free port acts, which au- By it the ports of the United thorized a limited trade with por- States were, after a certain day, tions of her colonies to the colo- closed against British vessels comnial inhabitants of foreign Euro- ing or arriving by sea from any pean possessions, in vessels of one British colonial port in the West deck, with some additional pro- Indies or America ; and similar visions in relation to the trade with bonds were required from British Bermuda, Turks Island, and the vessels sailing from the ports of British territories in North Ameri- the United States, not to land their ca.
cargoes in any British American The terms contained in this colony. Articles of British West proposition were decided by the Indian and North American proGovernment of the United States duce were allowed by this act to to be inadmissible, and counter- be imported into the United States,