eight hundred and fourteen. Draught of article to be inserted immediately after article 2 of the American projet. All prisoners of war, taken on either side, as well by land as by sea, shall be restored as soon as practicable after the ratifications of this Treaty shall have been exchanged, on their paying the debts which they may have contracted during their captivity. The two contracting parties respectively engage to discharge in specie the advances which may have been made by the other, for the sustenance and maintenance of such prisoners. True copy of the projet submitted by the American to the British Ministers; and also of the marginal changes, propositions, and remarks, made by the latter on returning their answer to the American Ministers' note communicating said projet of a Treaty. No. 3. The British to the American Ministers. GHENT, November 26, 1814. The undersigned have had the honor to receive the note and projet of a Treaty of Peace, presented by the American Plenipotentiaries on the 10th instant. CHRISTOPHER HUGHES, JR., Secretary of American Mission Extraordinary. have stated more than once that they will not make the conclusion of the peace at all to depend. With respect to the thirteenth article, the indemnifications proposed by it, as applied to the actual circumstances of the war, are so unprece dented and objectionable, that any further perseverance of the American Plenipotentiaries in The undersigned are of opinion that the most requiring them is not anticipated by the underconvenient course for them to adopt will be to re-signed: if, however, contrary to expectation, inturn this projet, with their marginal alterations demnifications of this kind should be required, all and suggestions on the several articles of which hope of bringing the negotiations to a favorable it is composed. The existing differences between issue must prove abortive. The undersigned are the two Governments will thus be brought more instructed explicitly to declare that as their Govimmediately in view, and it is hoped that, by ernment makes no claim on account of losses susconfining the discussions to one projet, the nego-tained by British subjects arising out of a war tiations may sooner be brought to a favorable conclusion. The first part of the tenth article appears to be unnecessary, and the stipulation contained in the whole of it altogether inadmissible. Though His Majesty's Government sincerely hopes that a renewal of the war between His Majesty and the United States may be far distant, yet the undersigned cannot consent to enter into any engagement as to what shall be the conduct of their Government if such a war should unfortunately occur. declared by the United States, so neither can their Government agree to make compensation for losses sustained in such a war by the American people. The undersigned are, however, willing to agree to a stipulation by which it shall be provided that the courts of justice in each country shall be open to the just demands of the respective people, and that no obstruction be thrown in the way of their recovery of the rights, claims, or debts of any kind, respectively due or belonging to them. With respect to the fourteenth article, the undersigned do not concur in the necessity for any such stipulation as is there proposed. With respect to the eleventh and twelfth articles, His Majesty's Government has strongly manifested its sincere disposition to the speedy restoration of peace, by agreeing, under all the The undersigned think proper to add that, with present circumstances, to conclude the treaty respect to the particular alterations suggested by without any stipulation on the points to which them in various articles of the projet, they are these articles relate. No advantage can arise from ready to enter into such explanations as may be entering into discussions, upon a successful re-required of them, with the sincere desire of ensult of which the American Plenipotentiaries deavoring to reconcile the pretensions brought Relations with Great Britain. forward on the part of their respective Govern ments. The undersigned have forborne to insist upon the basis of uti possidetis, to the advantage of which they consider their country fully entitled. But should this negotiation terminate in a way contrary to their hopes and just expectations, they must protest against any claim or demand being urged by the American Government in any future negotiation, in consequence of the facilities which His Majesty's Government have now shown themselves willing to afford to the speedy restoration of peace. The undersigned avail themselves of the present opportunity to renew to the Plenipotentiaries of the United States the assurances of their high consideration. GAMBIER, No. 4. The American to the British Ministers. any specific provision with respect to those two subjects. In forbearing to insist upon the discussion of subjects deeply involving interests important to their country, and upon which the undersigned view the proposals offered by them for consideration as founded on principles the most moderate and conciliatory, they give the strongest evidence of the anxious wish of their Government that the negotiation should be brought to a happy issue. Sincerely participating in the desire expressed by the British Plenipotentiaries of endeavoring to reconcile the pretensions of both Governments, on the few subjects remaining for discussion, the undersigned have also assented to most of the alterations proposed by the British Plenipotentiaries to those parts of the projet which they have not entirely rejected. To some of these alterations the undersigned are compelled, by their duty, to object. They have already stated, and now repeat, that, whilst requiring of Great Britain no sacrifice whatever, the Government of the United States has not authorized the undersigned to agree to any stipulation involving any cession of territory, or the dereliction of any of the essential rights of the people of the United States. GHENT, November 30, 1814. The undersigned have had the honor to receive the note of the British Plenipotentiaries of the 26th instant, together with their marginal alterations and suggestions on the several articles of the projet of a treaty of peace proposed by the un-preamble of the third article, and to the eighth dersigned. The undersigned consent that the day of the exchange of the ratifications be substituted to that of the signature of the treaty at the time for the cessation of hostilities, and for regulating the periods after which prizes at sea shall be restored: it being understood that measures shall be adopted for a speedy exchange of ratifications, and that the periods in the second article shall be fixed in a manner corresponding with this alteration. The undersigned will also agree to the new article respecting prisoners, and to the mode of reference proposed by the British Plenipotentiaries in the third, fourth, fifth, sixth, and seventh arti The objections of the undersigned are to one of the alterations suggested by the British Plenipotentiaries in the first article; to some parts of the article; and they have also some other verbal alterations to suggest. They request a conference, at such time and place as may suit the British Plenipotentiaries, for the purpose of discussing those points, and of agreeing on the places and time left in blank in several of the articles. The undersigned renew to the British Plenipotentiaries the assurance of their high consideration. JOHN QUINCY ADAMS, JAMES A. BAYARD, HENRY CLAY, JONATHAN RUSSELL, ALBERT GALLATIN. cles, instead of that which had been proposed by Extract of a law of the United States, passed July 6, the undersigned. But in order to prevent delay, they will suggest that a time be fixed within which the Commissioners shall make their decisions and reports. They will decline insisting upon the tenth, twelfth, and fourteenth articles, and upon so much of the thirteenth article as relates to indemnities for losses and damages sustained subsequent to the commencement of the present war. They wish to discuss the cases of vessels and property in port when war was declared or known; and have the honor to enclose a copy of the provision made in that respect by the United States. They will also waive the residue of that (the thirteenth) article, and the eleventh article, it being understood that the rights of both Powers on the subject of seamen, and the claims of the citizens and subjects of the two contracting parties to indemnities for losses and damages sustained prior to the commencement of the war, shall not be affect ed or impaired by the omission in the treaty of 1812. SEC. 6. And be it further enacted, That the President of the United States be, and he is hereby, authorized to give, at any time within six months after the passage of this act, passports for the safe transportation of any ship, or other property belonging to British subjects, and which is now within the limits of the United States. No. 5. The British to the American Ministers. GHENT, November 30, 1814. The undersigned have the honor to acknowledge the receipt of the note addressed to them by the American Plenipotentiaries, and, in compliance with their request for a conference, shall be happy to receive them at the Chartreux to-morrow at 12 o'clock. The undersigned request the American Pleni Relations with Great Britain. potentiaries to accept the assurance of their high in the Bay of Passamaquoddy, which is part of consideration. At a conference held this day, the American Plenipotentiaries proposed the following alterations in their projet, as amended by the British Plenipotentiaries. 1st. In article 1, strike out the alteration consisting of the words "belonging to," and "taken by," and preserve the original reading, viz; “taken by either party from the other." the Bay of Fundy, and the island of Great Menan, in the said Bay of Fundy, are claimed by the United States as being comprehended within their aforesaid boundaries." Agreed to by the British Plenipotentiaries. This alteration was objected to by the British" Plenipotentiaries, and, after some discussion, reserved by them for the consideration of their Government. 6th. Article 7th. In the alteration consisting of the words "or of the Sovereign or State so referred, to as in many of the preceding articles contained," substitute "any" to "many. Not insisted on, the British Plenipotentiaries consenting to substitute the words, "the four next," for the marginal words, "many of the." 7th. Articles 3, 4, 5, and 6, provide that the decision of the Commissioners shall be made within a limited time. Objected to by the British Plenipotentiaries. 8th. Article 8th. Substitute after the words to the westward of the said lake so far as," the words "their said respective territories," instead of the words "the territories of the United States." Agreed to by the British Plenipotentiaries. 2d. Transpose alteration consisting of the words 9th. Article 8th. Strike out from the words "originally captured in the said ports or places," and it is further agreed" to the end. Reserved and which shall remain therein upon the exchange of the ratifications of this treaty," after the words public property." Agreed to by the British Plenipotentiaries. 3d Article 2d. The term to be fifteen days in the Channel, in the North seas, in all parts of the Atlantic ocean to the equinoctial line or equator, and in all parts of the Mediterranean. Two months in the Atlantic ocean to the latitude of Cape of Good Hope, and three months in all other parts of the world. by the British Plenipotentiaries for the consideration of their Government. 10th. The American Plenipotentiaries also proposed the following amendment to article 8th, viz: "The inhabitants of the United States shall continue to enjoy the liberty to take, dry, and cure fish in places within the exclusive jurisdiction of Great Britain, as secured by the former treaty of peace; and the navigation of the river Mississippi within the exclusive jurisdiction of the United States shall remain free and open to the subjects In lieu of this alteration, the British Plenipo- of Great Britain, in the manner secured by the tentiaries proposed the following, viz: "That all said treaty; and it is further agreed, that the subvessels and effects, which may be taken after the jects of His Britannic Majesty shall, at all times, space of twelve days from the period of the ex- have access from such place as may be selected change of the said ratifications, and all parts of for that purpose in His Britannic Majesty's aforethe coasts of North America, from the latitude said territories, west, and within three hundred of twenty-three degrees north, to the latitude of miles of the Lake of the Woods, in the aforesaid forty-seven degrees north, and as far eastward in territories of the United States, to the river Misthe Atlantic ocean as the sixty-third degree of sissippi, in order to enjoy the benefit of the nav west longitude from the meridian of Greenwich, igation of that river with their goods, effects, and shall be restored on each side. That the time merchandise, whose importation into the said shall be thirty days in all other parts of the At-States shall not be entirely prohibited, on the lantic ocean, as far eastward as the entrance of the British channel, and southward, as far as the equinoctial line or equator, and the same time for the Gulf of Mexico and all parts of the West Indies. Forty days for the British channel and the North seas. The same time for all parts of the Mediterranean, and one hundred and fifty days for all other parts of the world without exception." Which was reserved by the American Pienipotentiaries for consideration. 4th. Article 3d. After the words "all islands within twenty leagues of," insert "any part of," and substitute "points" for "point" after the words "to be drawn due east from the." Agreed to by the British Plenipotentiaries. 5th. Article 3. Strike out the words "whereas claims have been made by the Government of the United States to certain islands in the Bay of Fundy," and insert, "whereas the several islands payment of the same duties as would be payable on the importation of the same into the Atlantic ports of the said States, and on conforming with the usual custom-house regulations." This amendment was left with the British Plenipotentiaries for consideration. The American Plenipotentiaries also intimated their willingness to omit article 8th altogether, if that course should appear more advisable to the British Plenipotentiaries. The American Plenipotentiaries further proposed, in conformity with their note of November 30, indemnification for ships detained in British ports on the breaking out of the war, and afterwards condemned; which was resisted by the British Plenipotentiaries. After much discussion on this point, the conference was adjourned. CHRISTOPHER HUGHES, JUN. Relations with Great Britain. Protocol of Conference on December 10, 1814. The protocol of the preceding conference held on the 1st instant was settled. The British Plenipotentiaries stated that their Government could not consent or omit the words in article 1st," belonging to either party and taken by the other," unless some modification should be introduced, either by excepting from mutual restitution all those territories which are made by any articles of the treaty the subject of reference to Commissioners, or by excepting the Passamaquoddy islands alone.-Received by the American Plenipotentiaries for consideration. The British Plenipotentiaries then stated that, with respect to the 8th article, their Government offered in lieu of the American proposals to retain the amended article as far as the words, "Stony mountains," and insert the following stipulation: "His Britannic Majesty agrees to enter into negotiation with the United States of America, respecting the terms, conditions, and regulations under which the inhabitants of the said United States shall have the liberty of taking fish on certain parts of the coast of Newfoundland, and other of His Britannic Majesty's dominions in North America, and of drying and curing fish, in the unsettled bays, harbors, and creeks of Nova Scotia, Magdalen islands, and Labrador; as stipulated in the latter part of the third article of the treaty of 1783, in consideration of a fair equivalent to be agreed upon between His Majesty and the said United States, and granted by the said United States, for such liberty as aforesaid." courts of the other, and shall meet with no impediment to the recovery of all such estates, rights, properties or securities as may be due to them by the laws of the country in whose courts they shall sue."-Received for consideration. The British Plenipotentiaries proposed in the preamble to the projet of the treaty, to omit the words "Admiral of the White squadron," and insert "late Admiral of the White, now Admiral of the Red" in lieu of them. Agreed to. The American Plenipotentiaries stated that possibly doubts might arise as to the geographical accuracy of the words at the beginning of the eighth article, "a line drawn due west from the Lake of the Woods, along the forty-ninth parallel of north latitude." It was agreed that an alteration should be made to guard against such possible inaccuracy. The American Plenipotentiaries proposed the following alteration in the draught delivered to them by the British Plenipotentiaries, relative to the manner of filling up the blanks in article 2d; "extend the term of twelve days to fifty-six degrees north latitude, and to the thirty-sixth west Longitude." "Include the British and Irish channels in the term of thirty days. Include the Baltic in the term of forty days. Instead of the term one hundred and fifty days, insert sixty days for the Atlantic as far as the latitude of Cape of Good Hope; ninety days for every other part of the world south of the equator; one hundred and twenty days for all other parts of the world." The conference then ended. CHRISTOPHER HUGHES, JR., "The United States of America agree to enter into negotiation with His Britannic Majesty respecting the terms, conditions, and regulations under which the navigation of the river Mississippi from its source to the ocean, as stipulated in the eighth article of the treaty of 1783, shall remain free and open to the subjects of Great Britain, in consideration of a fair equivalent, to be agreed upon between His Majesty and the United States, and granted by His Majesty."-Received by the Amer-eighth articles, the conference ended by the American Plenipotentiaries for consideration. In the 7th article the British Plenipotentiaries proposed after the words "all grants of land made previous to," to omit the words "to that time," and insert" previous to the commencement of the war;" so that the line would read, "all grants of land made previous to the commencement of the war."-Agreed to. Protocol of Conference on December 12, 1814. The protocol of the preceding conference held on the 10th instant was settled. After much discussion relative to the first and ican Plenipotentaries undertaking to return an answer in writing to the propositions brought forward by the British Plenipotentiaries at the last conference. C. HUGHES, JR. Secretary of American Misssion. No. 7. 12th December. The British Plenipotentiaries proposed the in- American Note, written after the Conference of the sertion of the following article relative to the slave trade: "Whereas the traffic in slaves is irreconcilable with the principles of humanity and justice, and whereas both His Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed, that both the contracting parties shall exert every means in their power to accomplish so desirable an object."-Received for consideration. The British Plenipotentiaries proposed the following provision: "That the citizens or subjects of each of the contracting parties may reciprocally sue in the GHENT, December 14, 1814. The undersigned having considered the propositions offered in the conference of the 10th instant by the British Plenipotentiaries on the few subjects which remain to be adjusted, now have the honor of making the communication which they promised. The first of them relates to the mutual restoration of the territory taken by either party from the other during the war. In admitting this principle, which the undersigned had repeatedly declared to be the only one upon which they were authorized to treat, the British Plenipotentiaries Relations with Great Britain. had at first proposed an alteration in the article offered by the undersigned, limiting the stipulation of restoring territory taken during the war to territory belonging to the party from which it was taken. The objection of the undersigned to this alteration was, that a part of the territory thus taken being claimed by both parties, and made a subject of reference by the treaty, the alteration would leave it in the power of one party to judge whether any portion of territory taken by him during the war did or did not belong to the other party, laying thereby in the very instrument of pacification the foundation of an immediate understanding the moment that instrument should be carried into execution. tioned note, or in the first conference to which it referred. In order to obviate any difficulty arising from a presumed connexion between that subject and that of the boundary proposed by the eighth article, the undersigned expressed their willingness to omit the article altogether. For the purpose of meeting what they believed to be the wishes of the British Government, they proposed the insertion of an article which should recognise the right of Great Britain to the navigation of that river, and that of the United States to a liberty in certain fisheries, which the British Government considered as abrogated by the war. To such an article, which they viewed as merely declaratory, the undersigned had no objection, The British Plenipotentiaries have now pro-and have offered to accede. They do not, howposed to omit the words originally offered by them, provided that the Passamaquoddy islands should alone be excepted from the mutual restitution of territory. The consent of the undersigned to this solitary exception, if founded on the alleged right of Great Britain to those islands, might be construed as an implied admission of a better title on her part than on that of the United States, and would necessarily affect their claim. The only ground for the exception consists in the allegation of the British Plenipotentiaries, that Great Britain had, during some period subsequent to the treaty of peace of 1783, exercised jurisdiction over those islands, and that the United States had subsequently occupied them contrary to the remonstrances of the British Government, and before the question of title had been adjusted. ever, want any new article on either of those subjects; they have offered to be silent with regard to both. To the stipulation now proposed, or any other, abandoning, or implying the abandonment of any right in the fisheries claimed by the United States, they cannot subscribe. As a stipulation merely that the parties will hereafter negotiate concerning the subjects in question, it appears also unnecessary. Yet to an engagement, couched in general terms, so as to embrace all the subjects of difference not yet adjusted, or so expressed as to imply in no manner whatever an abandonment of any right claimed by the United States, the undersigned are ready to agree. to the substance of the article to promote the abolition of the slave trade. They cannot admit the other article, which appears to them unnecessary; the courts of the United States will without it be equally open to the claims of British subjects, and they rely that without it the British courts will be equally open to the claims of the citizens of the United States. Since neither of the two additional articles proposed by the British Plenipotentiaries were included amongst, or is connected with, the subjects previously brought forward by them, it is Under these considerations the undesigned, un- presumed they are offered only for consideration, willing to prevent the conclusion of the Treaty of as embracing objects of common and equal interPeace, will take upon themselves the responsi-est to both parties. The undersigned will accede bility of agreeing to the exception proposed, with a provision that the claim of the United States shall not thereby in any manner be affected. The undersigned have accordingly prepared a clause to that effect, and which provides, also, that the temporary possession may not be converted into permanent occupancy. They had agreed to the alteration proposed by the British Plenipotentiaries in the mode of reference of the several boundaries and country in dispute, under the expectation that the proposed exception to a general res-ation. toration would not be insisted on; and they will add that the objection to the temporary possession by Great Britain of the Passamaquoddy islands would be considerably lessened by adopting The undersigned renew to the British Plenipotentiaries the assurance of their high consideraJOHN QUINCY ADAMS, JAMES A. BAYARD, HENRY CLAY, JONATHAN RUSSELL, ALBERT GALLATIN. a mode of reference, which would insure a speedy To the PlenipotentiariES and certain decision. To the stipulation now proposed by the British Plenipotentiaries as a substitute for the last paragraph of the eighth article, the undersinged cannot accede. of His Britannic Majesty, &c. Such of the islands in the Bay of Passamaquoddy as are claimed by both parties, shall remain in the possession of the party in whose ocThe proposition made respecting the navigation cupation they may be at the time of the exchange of the Mississippi, in the alteration first proposed of the ratifications of this treaty, until the deby the British Plenipotentiaries to that article, was cision respecting the title to the said islands shall unexpected. In their note of the 31st of October have been made in conformity with the artithey had stated that they had brought forward, cle of this treaty. But if such decision shall not in their note of the 21st of the same month, all have taken place within years after the exthe propositions which they had to offer; and that change of the ratifications of this treaty, such subject was not mentioned either in this last men-islands shall be restored to, and, until such deci |