The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-04-12


rotary of State, prior to the joint mission
ofhim and MIR. Pinkney.
PART H.
Mr.. MADISON TO Mr. MONROE.
DEPARTMENT OF STATE,
January 5, 1904.
Sir,
The information and observation which
you have as yet received from me since your
arrival in London, on the impressment of
our seamen and other violations of our rights,
have been in private letters only J he de-
lay in making these injuries the subject of
official communications, proceeded, first
from an expectation that the British Govern
ment svould have notified formally to the
United States as neutral power, the state
of war between Great Britain aud France,
which would have been an apt occasion, for
combining with assurances of the fairness
with which our neutral obligations would be
fulfilled, our just claims on correspondent
respect for our neutral rights, and particu-
.larly of those which had been least respect
ed during the last war: secondly, from the
expected arrival of Mr.. Merry, which, if
he should not be charged with such Motif
cation, might be a favorable opportunity for
commencing the explanations and discussi-
ons which must prccedc thorough correc-
ton of the wrongs which we experience
Since the arrival of Mr.. Merry, accord
ingly, no time has been lost in calling his at
tcntion to the subject; and in preparing both
1t and him, for the negotiation which is now
to be committed to you. If appearances
are to be trusted, his impressions and repre-
sensations will be friendly TO it. In nv con-
versatlons with him, which have been free
and tall, he has expressed the best DISPOSE
tions, has listened with candor to the APP
peals made, as well to the considerations of
incti Of 81, cali Il l. -,
and although he suggests serious difficulties
on certain points, he will, believe, sim
cerely cooperate in lessening them, and in
bringing about an arrangement which will
be acceptable to this country. The only to-
pic On which any thing has passed in wri-
ting between the department of state and
him, is that of the pretended blockade of St.
Domingo. Copies of my letter to him and
OF his answer, are herewith enclosed; as
also of the letter written to Mr.. Thornton,
some time before, and referred to in that to
Mr.. Merry, in relation to a like blockade of
Martinique and Gaudaloupe.
Although there are many important OBJ
jects which may be thought to invite conven-
tional regulations between the United States
and Great Britain, it is evidently proper to
leave tor subsequent consideration, such as
are less urgent in their nature, or more diff
ncuit in their adjustment and thereby to
render the way palmer and shorter to an
agreement with respect to objects which
cannot be much longer delayed without dan
ger to the good understanding between the
two nations. With this view the plan of a
convention contemplated by the president,
is limited to the cases of imprcssments of
our seamen, of blockadcs, of visiting and
searching our vessels, of contraband of war,
and of the trade with hostile colonies, with
a few other cases affecting our maritime
rights embracing however, as inducements
to Great Britain to do us justice therein, a
provision for the surrender of deserving sea-
men and soldiers, and for the prevention OF
contraband supplies to her enemies.
The plan digested for your use is sub
joined. The first column contains the arti-
cles which are to be proposed in the FIRST
instance, and which are considered as with
in our just expectations the second modi-
fies the articles into the concessions which
the British government may possibly require
and which it may be expedient for us ulti-
mately to admit.
A CONVENTION BETWEEN TIE UN1TE1
STATEs AND GREAT BRITAIN.
FIRST PROPOSAL.
ARTICLE 1. No person whatever shall
upon the high seas and without the jurisdic-
ton OF either party, be demanded or taker
out OF any ship or vessel belonging to CHI
zens or subjects of one of the parties, by the
pubic or private armed ships belonging to
or in the service OF the other, Unless such
person be at the time in the military Service
OF all enemy of such other party.
SECOND AND ULTIMATUM.
No seaman, scattering or other person, shall
upon the high seas and without the iurisdc-
ton OF either party, be demanded or taker
out OF any ship or vessel belonging to the eli
tizeDs or subjects of one Of the parties b.
the public or private armed ships belonging
to or in the service of the other party, anC
strict and effectual orders shall be given fol
the due observance of this engagement: bu
it is to be understood that this article shall
not exempt any person on board the ships o
either OF the parties, from being taken there
from by the other party, in cases where thel
may be Liable to be so taken according to tht
! laws of nation, which liability, however
shall not be construed 20 extend in case t,
seamen or seafaring persons, being actually
part Of the crew OF the vessel in which theI
may be, nor to persons ofany description pas
sing from one port to another port of eithe
of the parties.
ART. ii. No person being a subject or ci
tizer Of one of the parties, and resorting t,
or residing in the domBions of the other
shall III any case be compelled to serve OF
board any vessel, whether public or private
! belonging 90 such other party and all citi
zcns or subjects Whatever Of the respective
parties, at this time compulsvely serving OF
board the vessels of the other, shall be forth