The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-04-15

tration in the year 1900, by Mr. Liston, who
appears to have borrowed it from CORES
ponding stipulations in the convention be-
tween the United States and France in the
Iyear : The project was at that time
dropped, owing perhaps, in part to the
change in the head of the department of
state, between whom and Mr.. Liston it had
been discussed, and principally, to the diff
Guilty OF combining with it, proper stipulati-
ons against British impressmcnts on the high
seas. Without such an equivalent, the pro-
Ject had little to recommendit to the United
States, Considered by itself, it was too the
less admissible, as one of its articles, under
some obscurity of expression, was thought
to favor the British pretension to impress
British seamen from American vessels on
the high seas.
copy of this document is inclosed, as it
may be not without use, in showing the ideas
OF the British government at that time, so
tar at least as its minister here was an or
gan of them.
The terms in which these articles are to
be proposed, differ but slightly from those
in which they may be admitted. In the for
mer, the delivery of deserters is confined to
soldiers and seamen, without requiring de-
livery OF officers, whose desertion will not
be from the service of their country but on.
times be more agreeable to the United States
to be unbound to give them up for trial and
punishment. AT the same time this conside-
ration ought not to be bar 10 an arrange
ment, which, in it's general character, will
be so important to the interests of the Uni
ted States.
On Articie XII This is stipulation which
is not to be yielded but in the event of it's be-
ing made an indispensable condition 1t
| cannot be essential for the object of it, whilst
the British government is left free to take
the precautions allowable within its own iu-
risdiction for preventing the clandestine de-
Partiire Of its seamen or its soldiers in neu-
Iral vessels. And it is very ineligible to the
United States, inasmuch as it will be difficult
to enforce the prohibition, whether we re-
! gard the embarkatioa of such persons in Bri-
| tlsh ports, or their landing on the American
/ shores; and ipasmuch as the inefficacy OF
regulations for such purposes, though made
with due sincerity and care, may become a
source OF secret jealousy and dissatisfaction,
! If not OF controversy and reproach.
The article is copied from that IN the ar
rangement (of which you have copy) dis
cussed and brought near to a conclusion, be-
tween Mr.. King and the British ministry, &
| you are authorised to accede TO it, on the
! suPpos,i ION that it may again be insisted on.
! it is TO be DE recollected, however, that the
article was then understood to be the only
price gwen Tor reiinquishing the impress
ment OF American seamen. The other offers
now substituted will justify you in pressing the
omission OF the original one.
On .4ricte XII. The law of nations does
not exact OF neutral powers the prohibition
! specified in this article. On the other hand,
1t does not restrain them from prohibiting
a trade, which appears on the face Of the Of
hcial papers proceeding from the custom
! house u be intended to violate the law of
nations and from which legitimate conside-
ration of prudence may also dissuade GO
vernment. All that can be reasonably ex-
pected by belligerent from neutral powers,
is that their regulations on this subject be
impartial, and that their stipulations rela-
tive to 1t, when made in time of war at least,
should not preclude an impartiality.
| 1t IS not certain what degree of value G.
Britain may put on this article connected as
( 1T essentially is with the article which limits
the list of contraband. 1t will at least miti-
gate her objections to such Imitation
With the range given to contraband by her
construction of the law of nations, even as
acquiesced in by the United States, stipu-
| lation of this sort would be utterly inadmissi-
bic.
The last article, in making this city the
place for exchanging the notifications, CON
suits expedition In putting the treaty into o.
peration, since the British ratification can
be forwarded at the same time with the in
strument itself. And it is otherwise reason
alb e, that as the negotiation and formation
OF the treaty will have taken place at the seat
OF The British government, the concluding
formality should be at that of the govern
ment OF the u. States
| In addition to these articles which with
observations thereon, l am charged by the
president 70 communicate to you his in
strucuons; he leaves you at liberty to insert
any others which may do no more than place
British armed vessels, with their prizes, on an
equality within our ports & jurisdiction with
those of France This would only stipuate
what would probably be done by gratuitous
regulations here, & as it would no doubt be ac-
ceptablc to Great-BritaiD, it may not only
aid in reconciling her to principal objects de-
sired b. the United Stat s, but may induce
her to concur in the further insertion of ar
ticies, corresponding with those in the con-
vention # 1900 with France, which regulate
more precisely and more effectuaily, the
treatment OF vessels OF the neutral party on
the high seas.
! The occasion will be proper also for call
| ing the attention OF the British government
to the reasonableness Of permitting American
consuls to reside in every part of her domi-
mons, where, and long as he permits our
| citizens to trade. 1t is not denied hat she has
a natural right to refuse such residence,
and that she is free by her treaty with us to
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