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the omission of the same in the first copy was | prisoners of war, of which one third were of ●wing to error in transcribing it.

the United States regular service, captured His excellency, however, on reference to in Canada during the first campaign, and given the letter of the secretary of state of the up on good faith to the United States, who 19th March addressed to him, as it is stated at that period bad no British prisoners; and "with the view and in the sincere desire to as all subsequent exchanges on the part of the Restore to the mildest practice of civilized United States, have been acquitted by an nations the treatment of prisoners on both equivalent number of prisoners simultaneously sides," and authorizing Brig. Gen. Winder on exchanged, it is insisted that the American the part of the United States' government, to government is bound by honour and good faith conclude an arrangement which may embrace to make full and complete satisfaction for the the exchange, as well of those held as hostages, above debt, in conformity to the fourteenth as of other prisoners; and his excellency article of the cartel, before she can in justice learning from that officer, that his instructions retain, or ask an equivalent for a single British fally comported with the unqualified tenor of prisoner now in her possession; and for this the proposal made in the secretary of state's purpose, returns will be prepared not only of Jetter to him, did not hesitate a moment in the number of prisoners remaining unexchangacceding to the other arrangements therein ed in the possession of either power, but of suggested, and was prepared to waive just those given up in good faith, by the British grounds which he conceived he had of com- government to the United States, and for plaint against the government of the United which no return has yet been made, or satisStates, on the subject of the exchange of pri-faction offered; and as it appears from the soners of war, in hopes of promoting an ar- documents now transmitted, that the United angement so desirable for the cause of hu-States are adding to the number of prisoners manity and the honour of both nations; and placed in restraint as hostages, his excellenhe is much disappointed to find his hopes frus-cy is left no alternative, and is under the imtrated by the introduction, at this period of perious necessity of ordering into close conthe negotiation, of a claim so totally inadmis- finement, all the American officers remaining sible, that had the secretary of state's letter in his possession, not heretofore considered as borne the most distant allusion to it, bis ex-hostages. ellency would have felt himself, as he now does, prohibited from proceeding any further en the subject.

If the instructions of the secretary of state leave to the discretion of Brigadier General Winder no latitude on the subject of the The British cannot view the confinement twenty-three British soldiers, considered by of 23 soldiers as the first act of aggression; Great-Britain as the sole just origin of the for the undoubted right that every free nation system of retaliation, the further prosecution possesses of investigating and punishing the of this negotiation for an exchange of prisoncrimes commited by her own natural born ers must be unavailing, as his excellency, subjects, in a due course of law, is too self-altho' prepared to waive all minor consideraevident to require a comment; nor can it by tions to meet the American government on a any distortion of sense or justice, be constru- fair and liberal basis, is at the same time uned into a just ground for an act of fair retalia-alterably fixed in his determination not to tion exercised on twenty-three British sol- compromise, in the slightest degree, that diers; the latter are characterized by their principle of justice and equity, upon which patriotism and loyalty, the former stigmatized the measures of his government have been for their treason and rebellion. framed.

It would be wasting time to enter into further discussion on this subject. Great-Britain has successfully maintained her national -rights unsullied, for twenty years, against the whole world combined; it is not to be supposed, that it is in reserve for the United States to stop the course of justice, and to dictate to England what procedure she shall observe towards her own natural born subjects, in her own courts of civil judicature, arrested in her own territories, in the actual commission of treason and rebellion.

It is to be remarked, that as the exchange of prisoners of war, now proposed by the United States, no longer has the general character that was at first proposed, but is specifically to restore quota for quota, it becomes on this ground, incumbent on the part of the British Government, to demand as a preliminary step, a detailed statement of about 3000

On a former occasion, Colonel Baynes communicated to Major Melville, that if the prisoners of war in Canada were not exchanged previous to the arrival of transports expected early in the spring, it would become a necessary measure to relieve the Canadas of that charge, and that they would be sent to England on the opening of the river navigation, the prisoners now at Montreal will be sent to Quebec for that purpose.

(Signed) EDWARD BAYNES. Colonel and Adjt. Gen.

No. II.

MONTREAL, April 10. Brigadier General Winder has received Colonel Baynes' note of this morning, and has read it with close and profound attention, not without considerable surprise and the

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deepest regret-surprise, because it seems to the twenty-three men sent to England, bebave been expected that the discussions de- cause that would be relinquishing it on the pending between Colonel Baynes and himself, part of the British government. The power were in fact to have settled and adjusted a to take up this question, it is presumed, has principal question which will, no doubt, occu-been delegated to the commissioners about to py the congress at Gottenburgh-regret, be-assemble at Gottenburgh.

cause he fears that the beneficial consequences But General Winder is at a loss to perceive, which would result from making exchanges, that because he does not possess this power, a as far as was practicable under the power negotiation is to stop which could originally held by General Winder, must be defeated, only have contemplated the exchange as far by persisting in the views held out by the as could be done, without broaching the quesnote of Colonel Baynes exchanges, which tion. And the letter of the secretary of would restore to liberty and happiness, so state to his excellency of the 19th March, many brave and honourable men of both na- and his contemporaneous instructions to Britions, who, may otherwise linger out a tedious gadier General Winder, while they look to protracted confinement, finally to be deter- the larger possible exchange, yet reserve, and mined by an inglorious death, and which, be-express to do so, whole and entire, the right side, would leave untouched in the fullest ex-of this system of retaliation, and he most sintent, the pretension of Great-Britain, on the cerely believes his propositions of yesterday's question from whence the system of retalia- date, entirely attain this object to both tion has arisen. parties.

It appears to Brigadier General Winder, Brigadier General Winder, conscious it from the note of Colonel Baynes, that he con- would be useless to submit any observations sidered an exchange made under the restri on the other parts of Colonel Ba nes' note, tion in Brigadier General Winder's power, as as he believes them completely embraced in an abandonment or compromitting the prin- one of the propositions of his note of yesterciple in question by the British government. day, entirely conformably to Colonel Baynes' Surely, if this was the case, as according to wishes; and because, possessing no other Brigadier General Winder's conception it cer-power, or instructions than those already comtainly is not, it would have been an abandon- municated, he supposes it more important, at ment of it on the part of the American go- the present moment, to obviate the objecvernment if this restriction had not existed in tions to proceed in the negotiation, which he the power, and would have been an extent of flatters himself the foregoing remarks will power, which, it is confidently believed, his have a tendency to effect, and which, unless excellency did not expect would be conferred he can effect, would be time uselessly spent, on the occasion-nor, indeed, could it be sup-as no result can flow from it. posed, that a power to treat relative to the adjustment of this principle, would have been conferred upon a person in the situation, and under the circumstances which Brigadier General Winder was when he received the power.

Brigadier General Winder further supposes, that his excellency has, and can have in the ordinary course of things, no power to settle and adjust this question, unless by special delegation, and this, if known to the government of the United States, would have drawn from them a correspondent delegation of power with a view to its adjustment.

Brigadier General Winder submits these
remarks in a spirit of unreserved candour,
and cordially, and without the loss of a mo-
ment-and flatters himself, that viewed by
Colonel Baynes with the same spirit, they
will be found entitled to strong and conclu
sive weight.
(Signed)

WILLIAM WINDER,
Brig. Gen. U. S. Army,

No. III.

MONTREAL, April 11th, 1814. Brigadier General Winder, has received Colonel Baynes' note of this morning, and has But the government of the United States read it with all the attention the subject of it were aware that his excellency possessed, as was calculated to awaken, and however much incidental to his military command, the pow- he regrets that he is not to be able to accomer of making exchanges relative to the pri- plish all that he hoped and wished, yet he is soners made from and by his command, which gratified in believing, that much may be acdid not compromit the principle of the Bri-complished in strict conformity with the printish government on this point, and, therefore, ciples upon which his excellency feels himself had in view to delegate a corresponding bound to act, as detailed in Colonel Baynes' power to Brigadier General Winder, as it is note to-day, and also entirely within the powconsidered they have entirely done. ers and instructions which Brigadier General The government of the United States con- Winder has received and submitted from his ceived that a relinquishment of the twenty-government. Colonel Baynes' note states three original hostages taken by them, would" that the confinement of the twenty three be compromitting the principles on their part, American officers, and an equal number of and declined to give a power to this extent-non-commissioned officers, is considered as they, on the contrary, do not ask a release of the first stage of retaliation on the part of the

British government, and will be persevered in, so long as the twenty-three soldiers, for which they are held as hostages, are kept in confinement, and cannot be effected by any exchange that does not emancipate the twenty-three British soldiers."

declared released as hostages, and placed on the footing of ordinary prisoners of war, to be exchanged as such, in conformity to the cartel.

That this measure take place immediately in Quebec, and with the least possible delay in the United States and Halifax.

What Brigadier General Winder proposes, therefore, in entire conformity to this princi- The exchange contemplated, is to include ple is, that the British officers put into con- every individual held as a prisoner of war con> finement, in retaliation for the confinement of nected with the army of British North Amerithe above forty-six American officers and non- ca, commencing from the first act of hostilicommissioned officers, shall be released and ties on either side, excepting only the twenexchanged to such an extent as an equivalent ty-three British soldiers, and the forty-six value of American officers confined in retalia-American officers and non-commissioned offi tion for them, or who may be prisoners of war, other than the above forty-six, shall be released and exchanged.

cers to be reserved as hostages, it being further stipulated, that the last mentioned fortysix will be placed on the footing of ordinary Brigadier General Winder, in his note of prisoners of war, and exchanged as such whenthe 9th, made his proposition as extensive as ever the twenty-three British soldiers are so he was allowed, but considered, at the same released or delivered over for exchange. time, that if in its whole extent it was ac- The details contained in Brigadier General ceptable to his excellency, he would hold | Winder's note of the 9th inst. are accepted himself ready to embrace any modification of of, as forming the outline for a mutual arit, which might be more acceptable, and rangement for carrying this exchange into within Brigadier General Winder's power.

This proposition appearing to Brigadier General Winder to be so entirely within the principles contained in Colonel Baynes' note, he feels the most sanguine assurance of its acceptance, and, without incumbering it with any thing else, he hastens to submit it without delay.

(Signed)

WILLIAM WINDER.

Brig. Gen. U. S. Army.
No. IV.

effect.
(Signed)

EDWARD BAYNES,

Adjutant General, N. A.

No. V.

Head Quarters, Montreal,

Adj. General's Office, 12th April, 1814. Colonel Baynes has to acknowledge Brigadier General Winder's note of this day, and is commanded to acquaint him, that the commander of the forces has no objection to the principle upon which his exchange is proposed Head-Quarters, Montreal, by the secretary of state, as a preliminary Adj. General's Office, 12th April, 1814. measure to his entering upon the proposed Colonel Baynes has to acknowledge Briga-negotiation, provided that the basis upon dier General Winder's note of the 11th inst. which that negotiation is to be conducted, is and is commanded to acquaint him, that the in its principle admissible, and holds out à commander of the forces consents to an ex-fair and reasonable prospect of producing the change of hostages, and all others prisoners of desired end.

war, in conformity to the scale of the cartel, His excellency considered the proposal as under the previously stipulated conditions re-stated in the secretary of state's letter of 19th cited in his note, viz. that the twenty-three British soldiers first confined as hostages, and the forty-six American officers and non-commissioned officers, confined as hostages, in retaliation for the same, remain untouched, and be not included in the present purposed exchange.

It appearing that the American government assert to have placed seventy-seven British officers in confinement as hostages, and the right to retaliate in an equal number, being assumed by the commander of the forces, it would be necessary to place thirty-one American officers in similar restraint, in order to hold seventy-seven to restore in exchange; but to avoid the performance of so unpleasant a task, it is proposed that it be taken for granted, that this further act of retaliation has been carried into effect, and that the number of hostages on both sides, being equal in number, amounting to seventy-seven, are

March, as coming under that description, and the accompanying letter of instructions of the same date, comporting with the same, he did not hesitate to grant his consent to the proposed exchange of Brigadier General Winder, as a proper preliminary measure-but a subsequent communication from the secretary of the United States, being received by Briga dier General Winder, and represented by him to have introduced into the first instructions, alterations, in themselves inadmissible in principle, and that the same had been omitted by error in transcribing the first copy, and were therefore to be considered as forming the text and spirit of the proposition.The commander of the forces considered himself absolved from his assent to a document, which had, from the act of the proposing party, become a nuility; and thereby cancelling whatever might have emanated from it, and that he was at liberty to revert to the alter

native suggested in the secretary of state's | prince is of age, he is regent of right. If first letter. and reject the proposal in toto. Colonel Baynes is directed to inform Brigadier General Winder, that it is not his excel

feney's intention to sanction any partial exchange, except for the express purpose stated in the secretary of state's letter, with which he thinks it highly expedient and proper to comply, but he must require from that officer a most direct and unequivocal assurance, that he is authorized to treat and ratify, without reservation on the part of his government, a negotiation on the principles stated in Colonel

Baynes' note of the 11th and 12th, and in General Winder's note of the 11th inst.-in which case his exchange will be declared full and complete.

Brigadier General Winder will excuse this demand, which has become necessary, from the doubts which he has himself created, as to the nature and extent of the restrictions recently placed upon him by his government. (Signed) EDWARD BAYNES, Adjutant General, N. A.

No. VI.

MONTREAL, April 13, 1814. Brigadier General Winder very much regrets that he should have failed in communicating to Colonel Baynes, in the last interview, the extent of the powers communicated to him, with the requisite precision.

It was the intention of Brigadier General Winder, to have stated that his powers extended, without restriction, to propose and agree to an exchange of all British prisoners of war taken from the command of Sir George Prevost, except the twenty-three men put into confinement in retaliation for the twentythree men sent to England, to which extent he now assures Colonel Baynes his powers extend, embracing all the subjects contained in Colonel Baynes' notes of the 11th and 12th, and Brigadier General Winder's of the 11th. As it was not the intention of Brigadier General Winder, that his excellency should have the least question as to the extent of bis powers, he cannot but feel mortified, that an idea should have been entertained for moment that he intended to render them in the least degree doubtful, and he trusts this avowal will remove all such impressions, and enable Col. Baynes and himself, upon the , adjustment of Brigadier General Winder's exchange, to proceed without delay to the

arrangement.

a

(Signed) WILLIAM WINDER.
Brig. Gen. U. S. Army.

DUTCH CONSTITUTION.

he is yet a minor, in this case and in the others specified in articles 11 and 24, the Supreme authority is exercised by the council of state, composed as is mentioned in article 25, until provision is made by the states general.

27. The sovereign prince not having concerted with the states general, any of the arrangements mentioned in articles 9, 20, and 23, the states general declare solemnly what case exists, and proceed to make provision for it, in conformity to the basis laid down above.

28. On assuming the government, the sovereign prince takes the following oath, in the assembly of the states general:

"I swear to preserve and support first and above all the fundamental law of the United Provinces of the Low Countries, and farther to protect with all my power the independence of the state, the liberty and happiness of its inhabitants. So help me God."

29. After the administering of this oath the inauguration of the sovereign prince is performed by the states general, by means of the solema declaration which follows:

"We swear that in virtue of the fundamental law of this state, we inaugurate and receive you as the sovereign prince of the United Provinces of the Low Countries. We will preserve and support your sovereign rights. We will be faithful in the defence of your person and state, and we will acquit ourselves besides of all that a good and faithful states general ought and are bound to do. So help us God."

30. The administering of the oaths to the sovereign prince and his inauguration by the states general, shall take place in the town of Amsterdam, as the capital of the country.

31. After the taking of the oath, and this inauguration shall have been published to the states of the provinces, these shall render him homage in the following man

ner:

"We swear to remain always attached and faithful to you the legitimate sovereign prince of the United Provinces of the Low Countries, in the defence of your govern-person and state; to obey, conformably to the obligations imposed upon us by the fundamental law, the orders which shall. be given us by you, or in your behalf; and

Draft of a fundamental law for the
ment of the Low Countries.
Continued from page 216.
26. If in such a case the hereditary

322

besides to aid and second you as your ser vants and counsellors in the execution of them, and to do every thing which faithful subjects are holden and bound to, towards their sovereign prince. So help us God."

32. The sovereign prince exercises all acts of the sovereign dignity, after having offered his measures to the deliberation of the council of state. He decides alone, and gives every time to the council of state notice of the resolution which he has taken. At the head of his orders is put "The Sovereign Prince of the United ProThe council vinces of the Low Countries. of state having heard," &c.

the fleet and armies. He appoints all the military officers, grants their commnissions, or dismisses them, as is necessary.

40. The sovereign prince has the supreme direction of the finances of the state. He regulates all the salaries of the colleges and functionaries, which are paid from the public treasury, and includes them in the report of the expenses of the state. 41. The sovereign prince has the right of coining money and the supreme direcHe may have coins struck tion of it.

bearing his likeness.

42. The sovereign prince confers titles of nobility. Every individual raised to the rank of nobility by him exhibits the The members of the council are elected, proof of it to the states of his province, as far as possible, from all the provinces. and enjoys immediately all the preroga The sovereign names them to the number tives belonging to it, namely a right to be of twelve or more, and may dismiss them enrolled in the equestrian corps, always at pleasure. If he conceives it necessary, performing the conditions required in that he establishes a secretary of state, vice-case. president of the council of state.

33. The hereditary prince is of right a member of the council of state, and takes his seat in it when he is eighteen years of age. It is at the option of the sovereign prince to grant a seat to the princes of his family. The number of ordinary members admits of no alteration.

34. The sovereign prince, if he sees fit, names extraordinary counsellors of state without salary, and of a number equal to the ordinary counsellors. He calls them to his council, or consults them without his council, as he sees fit.

35 The sovereign prince establishes ministerial departments, names the heads of them, and dismisses them according to his pleasure He calls, if he judges it necessary, one or more of them to assist at the deliberations of the council of state.

He may, besides, institute a council of commerce, and the colonies.

36. To the sovereign prince belongs exclusively the supreme direction of the colonies and possessions of the state, in other parts of the world.

37. The sovereign prince declares war and makes peace. He gives notice of it to the states general.

38. On him alone, except that he must give notice of it to the states general, is conferred the right of ratifying all treaties and conventions. To him, of consequence, belong the direction of foreign relations, as well as the appointment and recalling of ministers and consuls.

39. The sovereign prince disposes of

43. The sovereign prince wishing to establish an order of knighthood, presents to the states general a draft of a law on the subject.

44. Foreign orders, which impose no obligation, may be accepted by the sovereign prince, and the princes of the house. Without the special permission of the sovereign prince, his subjects cannot accept any foreign order.

45. It is likewise necessary for accepting foreign titles, dignities, and employments, to obtain a special permission from the sovereign prince; it is not permitted hereafter to any subject of the sovereign prince to accept any foreign order of nobility.

46. The sovereign prince has the right of proposing to the states general, draughts of laws, and other orders, as well as to approve, or not, those which the states general present to him. His approbation is expressed in this manner“ The sovereign prince consents to the proposition." If he thinks that he cannot approve of the proposition, he notifies it in the following form-" The sovereign prince reserves the proposition made for deliberation.”

47. The sovereign prince promulgates the laws in the form following-" We,

Sovereign prince of the United Provinces of the Low Countries, having heard the council of state, make known to all who shall see or hear these presents, greeting: Having considered that, &c. [here the motives are inserted.] To be continued.

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