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belonging to the East India Company, shall be excluded from all communication with, or approach to, that island.

"It has therefore become impossible to comply with so much of the third article of the treaty as relates to the liberty of touching for refreshinent at the Island of St. Helena, and the ratifications of the said treaty will be exchanged under the explicit declaration and understanding, that the vessels of the United States cannot be allowed to touch at, or hold any communication whatever with the said island, so long as the said island shall continue to be the place of residence of the said Napoleon Bonaparte.*

(Signed)

ANTHONY ST. JNO. BAKER,

Washington, November 24, 1815."

* In consequence of the death of the emperor, Napoleon Bonaparte, this restriction was removed 30th July 1821.

CHAPTER III.

COMMERCIAL CONVENTION OF 1818 WITH G. BRITAIN.

Commercial stipulations the same as those of 1815-Renewed for ten years-Impressment-Tone of British government unfavourable at Ghent-Subject much discussed in 1818-Propositions of EnglandRemarks-Parties could not agree-Will never be adjusted by a Treaty-A question of sovereignty to the United States-British propositions in regard to other maritime rights-Nothing settled-Gallatin and Rush for United States-Robinson and Goulbourn for England-Fisheries-Extent and boundaries regulated-CurtailedAmerican and British ground as to effect of war on Treaties-Lord Bathurst's Letter defending British principle-England renounced right to Navigation of Mississippi-United States to certain portion of the Fisheries-Boundaries on the North West settled-To the Rock Mountains-English anxious to confine United States below the course of the Columbia, and to divide the Navigation of the river, and the use of the harbour-Have ambitious projects in that direction-Possess an accurate knowledge of the country by means of their hunters-Americans and English have extended nearly across the Continent-Rush, King, Gallatin and Barbour, ministers to England-Canning and Vaughan to this country-Boundaries-Proceedings on the fourth, fifth, sixth and seventh Articles of the Treaty of Ghent-Decisions and Reports of Commissioners-Convention in regard to the North East-Advantages to both parties from a set

tlement.

WE shall not detain the reader with any account of the commercial part of this instrument, comprising only a renewal of the stipulations of the convention of 1815; but it was the last time the impracticable topic of impressment has appeared at our negotiations with Great Britain. In suffering that subject to be matter of discussion the American government has never admitted, that the pretension of the

English had the least solid foundation, or that the United States did not possess a full right to resist, by an immediate appeal to arms, every similar aggression on their sovereignty. But, being well persuaded that England, on the return of every war, would attempt a renewal of the practice, the government, urged by a steady and laudable desire to remove so intolerable and fatal a circumstance of outrage and dispute, has, in a persevering manner, brought this subject under consideration at every negotiation of a general nature. Although it cannot be said, that much encouragement was afforded for these repeated endeavours, either by a prospect of success, or a recollection of the favourable attention, with which former propositions had been received.

The commissioners, at the negotiations of 1814-1815, found the temper of the British government altogether forbidding on this as well as other subjects, connected with maritime rights, though the proposition, they were authorized to offer, embraced equal and reasonable provisions. It was, in substance, that the two governments should exclude from their vessels all but native, or already naturalized seamen. This stipulation, taken in connexion with the law of 1815, requiring that American vessels should be navigated solely by American or naturalized seamen, would have afforded full security for the English, and as a continued residence of five years was made necessary for naturalization, the wandering, uncertain habits of seamen would have deprived them of nearly all the benefits of the act. At the end, therefore, of a few years, according to the theory of this law, our navigation would be done exclusively by Americans. Undoubtedly, difficulties might be expected to arise in enforcing the provisions of it, in a time of general peace, when the seamen of all maritime nations enjoy the liberty of frequenting every port in quest of employment, but the effectual execution of this particular statute would rest upon the same general foundation as the greater part of the revenue system. As England has never objected to the practice of the American merchant in employing foreign seamen more than to that of transporting articles, contraband of war, all pretension to search and

impress would cease, when an absolute exclusion took place, and though this might not be rendered perfect and entire, the result of the system, applying equally and constantly to every American vessel, would, in its general operation and tendency, be much more favourable to that government; while that of impressment reached only to those cases, with which it accidentally came in contact. Separate from important considerations, touching the relations of the two countries, the United States would naturally be incited to a careful execution of the law from a desire to encourage their own seamen.

In 1818 this grave business was renewed with some slight prospect of arriving at an arrangement. At any rate, the attention, bestowed upon it by both parties, manifested a sincere disposition to give it a thorough examination, though from the result of the conferences at that period, it is quite evident, that in the present state of feelings and circumstances of the two countries, such discussions would be little else than a formal and unnecessary proceeding. Questions occasionally arise between nations, that appear to be beyond the reach, or even control of treaty stipulations. This topic, the most solemn one, that has been entered upon a protocol, since the foundation of the government, and in regard to which the least waivering, compromising or flinching, on the part of the United States, is an absolute surrender of sovereignty, unfortunately belongs to that order of subjects; and as settlement by negotiation has become hopeless, we must, for the present, calmly rely on an expectation, founded in the sense of justice. and deliberate judgment of Great Britain, that, hereafter, circumstances may render it inexpedient to resort to the exercise of the pretension.

The proposition of 1815, concerning impressments, was revived at the negotiation of 1818. Objections were made to it, in consequence of the different opinions, entertained on the subject of allegiance, by the two governments, and of the character of sovereignty conferred on American vessels, investing them with the same attributes, as American territory. On the other hand, the opinions, held in this country, relative to allegiance, do not differ from the ancient law authori

ties, as well as usages of Europe. And, while admitting the exercise of all belligerent rights, within their just limits, in regard to vessels, when met on the high seas, it is, by no means, acknowledged, that the enforcing the municipal regulations of a foreign nation could be comprehended within the range of those rights. But, when it was even proposed to exclude British born subjects from the private and public marine of the United States, it was intimated, that the claim of the British government to enter a foreign vessel in search of men could never be made subject to the control, either of legislative enactment or treaty stipulation. Lord Castlereagh, indeed, made an informal proposal on this topic, which his government appeared willing to incorporate in a treaty ;—it was in these words:

"1. That the treaty, containing the stipulation, should be limited to a duration of ten or twelve years, with liberty to each party to be absolved from its stipulations on a notice of three or six months. 2. That the British boarding officer, entering American ships at sea for a purpose, justified under the law of nations, should have the liberty of calling for a list of the crew, and if he saw a man, whom he knew or suspected of being an English subject, he should, without taking the man, have the privilege of making a record or procés verbal of the fact, to be presented to the consideration of the American government."-But, "in the first place, the distrust, which it implies, that the laws, for excluding British seamen, will, though stipulated, not be faithfully executed, is not warranted by any experience, nor can this government give countenance to it by assenting to any stipulation, which would be considered as resulting from it. If the United States bind themselves to this exclusion, they will sincerely and faithfully carry it into execution. It was not expressly asked by lord Castlereagh in his proposal that the officer, in calling for the shipping paper, should, also, have the power of mustering the crew, to examine them by comparison with the list; but as the mere view of the list would be useless, coupled with that power, we consider it as having been intended to be included in the proposal; and this very inspection of the crews of our vessels by a foreign officer has been found among the most insulting and grievous aggravations of the practice

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