Relations with Great Britain.

while it had become obviously my duty to make it by the consideration stated in my note.

Mr. Monroe has been much gratified by the assurances which Mr. Fox has given him in their How the Cabinet is disposed in this question it several interviews of his disposition to adjust the is not in my power to state. Some of its mem- differences between their Governments on the bers are known to have differed with Mr. Fox in most just and liberal principles. He has high respect to the policy of Great Britain towards the confidence in these assurances, and in the prosUnited States, on former occasions and in simi-pect they afford of an early accomplishment of lar cases. It is possible that the spirit of conciliation on which the Ministry is formed may be felt in the present case. Every view, however, which I have been able to take of the subject confirms me in the justice of the remarks which were communicated to you in my last, of the 31st ultimo.

their object. In consideration, however, of the great length of time which has elapsed since the commencement of the seizures, and of that which which will be required to complete the business, he deems it his duty to submit to Mr. Fox whe ther it will not be proper that His Majesty's Government should suspend the seizure and condemI enclose you a copy of a letter from Mr. Guil- nation of American vessels on the principle in lemard, claiming his compensation as fifth Com- question. Mr. Monroe presumes that such a susmissioner under the Treaty of 1794, to the period pension, in any case where one of the parties to of the dissolution of the Board, to which I prom- an amicable negotiation was suffering very exised to obtain him your answer. I have the plea- tensive injuries under the operation of a principle sure also to send you a copy of my correspond- which they were desirous to adjust, would be ence with the house of Baring & Co., at the in- proper. In the present one, however, it seems to stance of General Lafayette, on a subject inter- him to be made peculiarly so by a late decision esting to him. As they have furnished him the of the Lords Commissioners of Appeals, in the accommodation which he desired, from consider case of William Treffrey, which confirms the ations which cannot fail to be satisfactory to our principles of the former decisions, which have Government, I hope the President will be dispos- been, as Mr. Monroe presumes, so justly complained to secure, so far as depends on him, their ulti-ed of by his Government. He apprehends that mate reimbursement out of the land which has been granted to him by the Congress.

The house of Baring & Co. having lately presented to me a statement of my drafts from the continent, for my support and that of my family there, I have, after deducting a portion of what was on no principle chargeable to the United States, certified a sum which I wished to be allowed in their account with the Government. Other deductions are still to be made on the same principle, which will diminish the charge to the public, in any view incident to that business. These I propose to make on my return home, and, in the interim, I must stand in the account indebted to the public. You will observe that the salary of the Secretary, his travelling expenses, those of the messenger to Paris, and other charges, are comprised in the statement. I have flattered myself that the same principle which was applied to Mr. Pinkney ten years past, when the expense of living was much less, would be extended to me. It is far from my intention, however, to make any difficulty on this point, having in truth no right to do it, and, from many considerations very interesting to me, most certainly not the disposition. I am, sir, with great respect and esteem, your very obedient servant,

JAMES MONROE.

[ENCLOSURE.]

Mr. Monroe to Mr. Fox.

Mr. Monroe presents his compliments to Mr. Fox, and has the honor to send him a copy of an American essay containing an examination of the principle on which the Admiralty has lately condemned the vessels of the United States. As this work is written with great ability and candor, Mr. Monroe flatters himself that Mr. Fox will take the trouble to give it an attentive perusal.

this decision, unless followed by the suspension proposed, will be considered by the United States and His Majesty's cruisers, as a sanction by the present Government to the policy which has been heretofore pursued. In case His Majesty's Government thinks proper to adopt the measure which is requested, Mr. Monroe hopes that Mr. Fox will be so good as to give him early notice of it, that he may transmit it to his Government without delay.

No. 45.

Mr. Monroe to Mr. Madison.

LONDON, April 18, 1806. SIR: I received yesterday a note from Mr. Fox appointing to-morrow (Saturday 19th) for an interview, with which I shall of course comply. I met him afterwards and had a conversation with him in the Queen's drawing room, which, being of an interesting nature, I hasten to communicate to you. He took me aside, and observed that we must now soon settle our business. I replied, that I hoped he was ready to do it. He intimated that he was so essentially; that he would begin it on Saturday and pursue it without delay until it was concluded. Some remarks of his having led the conversation to the merits of the principal topic, I told him that he must leave us in the enjoyment of the trade in question, and pay us for the property taken. To the first proposition he immediately assented. To the second, he said there would be objections. He added, that he had taken steps to prohibit the further condemnation of our vessels and cargoes, as I had desired, of which he intended to have informed me by note, but had been prevented by other business; he had no objection, however, still to do it. I cannot be positive whether he said that the prohibition ex

Relations with Great Britain.

tended also to the seizure of our vessels, though I the disposition of the Cabinet generally than I rather think it did. When I see him to-morrow || had anticipated. The substance of what passed

I shall easily ascertain this. He observed that we must make some arrangements to accommodate them in return; that the practice of buying, or pretending to buy, enemies' vessels, as was done in the North, ought to be suppressed, and he hoped that I would join him in it. I said that we would | do all we could to prevent fraudulent practices; that such purchases were rarely made by our citizens, as we were rather sellers than purchasers of ships. He considered it in that light, and I found wished some precedent from us, which might avail him in the North, and make more acceptable at home the accommodation given us in other respects. I left this topic open, having said nothing to compromit myself on it. As the whole of this conversation, though apart, was, nevertheless, in a public room, full of company, it was impossible to make it more precise. I could not, therefore, attempt to ascertain to what length he was willing to leave the commerce with enemies' colonies free. I shall doubtless collect his idea on that point to-morrow, since it seems best to hear his proposition before I say anything on it, and I shall not fail in any case to attend to your instruction of January 13th.

I have sent you two copies of a pamphlet, entitled "An Inquiry into the State of the Nation," &c., which is attributed to Lord Holland, and, as I presume, with reason. It breathes very liberal sentiments towards the United States, and in regard to them, as to other objects, is probably intended to prepare the public mind for the system of policy adopted by the present Ministry. It looks towards a general peace, and may be written to promote it. Communications have taken place between this Government and that of France lately, which are supposed to touch that subject; but as I know nothing on it which the papers do not contain, it is useless for me to hazard conjectures on facts which are of a general character, and equally well known to you.

I am sir, with great respect and esteem, your very obedient servant,

JAMES MONROE.

P. S. I have also sent you a work of Lord Sheffield's, which treats much on our subject. He appears to have worked himself up to a pitch of great passion, and to mistake facts so obvious to detection. as to allow that apology for it. The 13th January is the date of the last letter I have from you.

No. 46.

Mr. Monroe to Mr. Madison.

LONDON, April 20, 1806. SIR: I have the pleasure to inform you that I had an interview with Mr. Fox yesterday, in which we conferred on all the interesting topics depending between our Governments. The result was as satisfactory in respect to his own views as his more early communications had promised, and gave a prospect more favorable of

in our conference of the 17th was fully confirmed in this, and his sentiments on some points on which I had not then clearly understood them were made more explicit. The prohibition mentioned in my letter of the 18th is to be extended to the seizure as well as the condemnation of our vessels, of which he is to give me official notice in a day or two. On the principle, there seems to be no question between us but in respect to the direct trade between the colony and the parent country. To the justice of our claim of indemnity he said little, but I see that it is a point which the ministry will find it difficult to concede, from a variety of considerations. I am, however, not without the hope that it may be placed on a satisfactory footing. He expressed a desire to take up the subject of commerce generally, more especially in respect to the West Indies, the intercourse between which and the United States he thought it important to both countries to arrange at this time. I showed a willingness to meet him on the general subject, or any part of it, on which we could agree. The sentiments which he expressed on this and every other subject to which our conversation extended, were of a very liberal kind, and communicated with frankness and candor. He admitted that it ought not to be expected that the United States would allow their productions and resources which were necessary to the existence of the West India colonies, to be drawn from them otherwise than on fair principles of reciprocity. It was finally agreed that he should write me a second letter, which would be in reply to those I had written to Lord Mulgrave, in which he would explain the views of his Government on the subject of them. He promised to write this letter in a week or ten days if not prevented by unexpected events. This letter will of course lay the foundation, on the part of his Government, of the negotiation.

I am, sir, with great respect and esteem, your very obedient servant, JAMES MONROE.

Mr. Madison to Mr. Monroe.
DEPARTMENT OF STATE,
April 23, 1806.

SIR: Your last letter bears date on the 12th

of February. Those of the 18th October, 11th, 26th November, 11th and 23d December, and 18th January, had been previously received.

Congress adjourned the evening before the last. The gazettes before and herewith sent will give you a general view of the proceedings of the session. As soon as the laws passed shall be ready, a complete copy of them will be forwarded. For the present I enclose only a copy of the act shutting our market, after the 15th November next, against certain articles of British manufacture. Notwithstanding the hope that the new Ministers of Great Britain bring into the Cabinet dispositions more just and favorable to the Uni

Relations with Great Britain.

ted States than their predecessors, it was thought most consistent both with self-respect and with sound policy not to allow a change of persons, without an actual or promised change of measures, to arrest the meditated course of remedial provisions. You will not fail, however, by due explanations, to guard the act against the impu tation of motives and views of a nature to excite feelings on the other side, unfriendly to a fair estimate of their true interests. You may with confidence affirm, that a resort to such a manifestation of the sensibility of this country to wrongs so long continued, and of late so grievously extended, has been had with the most sincere reluctance; and that nothing is necessary on the part of Great Britain to smooth the way to perfect cordiality, and to all the beneficial intercourse of commerce, but a redress, which the United States are willing to limit to the clearest demands of justice and right. As a proof of their solicitude to bring about a final and amicable adjustment of all points in question between the two countries, and of their readiness to establish the principles of navigation and commerce in a form that will extend the latter, and render the former no longer a source of discord, the measure has been adopted of appointing yourself, and Mr. Pinkney, of Baltimore, Commissioners Extraordinary and Plenipotentiary for those purposes. The objects of the appointment, as described in the terms of it, are to settle all matters of difference between the United States and the United Kingdom of Great Britain and Ireland, relative to wrongs committed between the parties on the high seas, or other waters, and for establishing the principles of navigation and commerce between them."

says he, cannot we agree to suspend our rights, and leave you, in a satisfactory mode, the enjoy ment of the trade? In that case, nothing would be said about the principle, and there would be no claim to an indemnity. I told him that I could not agree to such an adjustment; that the right was unquestionably with us; the injury had been severe and unprovoked, and that we could not abandon our claim in either case. He entered into such a view of the subject as showed a disposition to yield what accommodation he could, in a manner the least objectionable on his part. He did not seem desirous of discussing the question of right, nor did be deny that an indemnity was fairly incident to it. He then asked, how the fact stood relative to the continuity of the voyage? On what ground did the charges rest of the Congress having made regulations to evade the principle insisted on by the Court of Admiralty? I replied, on none whatever; that the question of continuity had never occurred between our Governments; that it was a creature of the Court of Admiralty, who had set it up as doctrine, and supported it by such charges to justify the condemnation; that my Government had never admitted the right in his to impose any restraint on the trade of neutrals with enemies' colonies, other than with the parent country; that his Government had repeatedly admitted and established that claim by the most solemn acts, as had been proved by the documents in his possession; that he must be sensible if my Government was capable, in any case, of passing acts to evade a principle, it would not do it in the present one, where it could only serve to create doubts to the prejudice of the United States, and by giving a new sanction to the former No time will be lost in preparing the instruc- pretensions of his Government, revive a controtions for your joint negotiation; and Mr. Pink-versy which had been already amicably settled ney will doubtless not fail to be ready to embark with as little delay as possible.

With great respect, &c.,

JAMES MADISON.

No. 47.

Mr. Monroe to Mr. Madison.

LONDON, April 28, 1806. SIR: Having waited a week after my interview with Mr. Fox, on the 19th, without receiving either of the communications which he then promised me, I called on him on the 25th to know the cause, and to confer freely again on our affairs, if he should be so disposed. As he anticipated the object of the visit, we soon entered on it. After some introductory remarks on other topics, he began by asking what was the minimum of our demands respecting the seizures? Could we not agree in some modification of our respective pretensions, some compromise? For example, to adopt some plan which might answer our object without compromitting his Government. As I perceived that he alluded principally to our claim to an indemnity, I observed, that if the principle was admitted to be with us, the indemnity followed of course. But,

in their favor. I added, that I possessed an offi-
cial document which fully proved what I had
advanced respecting our regulations, which, with
his permission, I would send him; he expressed
a desire to receive it. Well, says he, I perceive
that your minimum and maximum are the same.
I replied, that I did not see how it could be other-
wise; that we only sought what was strictly just,
and ought not to be desired to relinquish any por-
tion of that. He then proceeded to insist that
our vessels which should be engaged in that
commerce must enter our ports, their cargoes be
landed, and the duties paid on them. I said that
such restraints were incompatible with our just
rights. He urged, also, that we must unite in a
plan to prevent the fraudulent sale and use of
enemies' vessels. I was apprehensive that any
stipulation on that head might lay the foundation
of new disputes. He thought we were interested,
as ship-builders, in suppressing such frauds; be-
sides, says he, you must yield something to justify
the concessions that are expected from us. I told
him that I should be glad to see his project, or
that he would answer my letters in such a man-
ner as to lay the foundation of a treaty. He as-
sured me that he would do so as soon as he could,
but as he had failed to comply with his former

Relations with Great Britain.

You will observe, that Mr. Fox insisted, in the Mr. Monroe flatters himself that His Majesty's late interview, on restricting the trade with ene- Government will be animated by a sincere demies' colonies in a greater degree than he had sire to meet the Government of the United States done in the preceding one. I am convinced that in such an arrangement as will establish the rethis was produced by the Cabinet deliberations lations of the two countries on a ground of peron the subject; for I am strong in the opinion, manent friendship, and that it will be of opinion, that, if left to himself, he would meet in arrange-independent of the satisfaction to be derived from ments, which would place the whole business, rendering justice to a friendly Power which it

Relations with Great Britain.

has injured without provocation, that the recompense due to the sufferers is but a trifling considation when compared with so great a national object. Mr. Monroe hopes that Mr. Fox will see the propriety of placing this business in his answer on such grounds as may promise a satisfactory adjustment of it, and for the reasons stated in his note of the 31st ultimo, that his Majesty's Government will not hesitate in the present stage to prohibit the further seizure and condemnation of American vessels on the principle in question.

islands must be either west, east, or north of the coast of that Province, and within six leagues thereof; whereas the island of Grand Menan is nearly due south of the nearest part of the coast, and is either in the whole, or with the exception of a mere point, beyond the distance of six leagues. No just title can therefore be alleged on the British side, and care would have been taken to guard against a pretended one, by a clause to that effect, if the facts of British settlement and the exercise of British jurisdiction had been known at the time. The documents now transmitted will sufficiently explain the subject, and enable you to Extract. Mr. Madison to Mr. Monroe. annex a proper clause to the convention. One DEPARTMENT OF STATE. May 15, 1806. of these documents will give you a view, at the SIR: Since my last of the 23d of April, I have same time, of a late case in which an American received your several letters of the 20th February vessel, bringing plaster of Paris from Nova Scotia and 11th March. This will be put in the hands to the United States, was condemned. In strictof Mr. Pinkney, whose appointment jointly withness of law the condemnation may not have been you, by a commission extraordinary, has been al- objectionable, but considering the continuance of ready communicated, and who proceeds to Lon- the trade for a length of time, and the official don with the powers and instructions for carrying sanction added to the usage, the case makes a the joint commission into effect. This you will very strong appeal to the equity and liberality of find embraces a larger field of negotiation and the British Government. The dependence of the convention than fell within the instructions here- British settlements in that quarter on supplies tofore given you in your capacity of Minister from the United States, more essential to them Plenipotentiary alone. The commission extraor- than plaster is to us, suggests other consideradinary, therefore, will not be without important | tions not unworthy of attention. These, however, objects, even if those previously committed to will be brought most advantageously into view yourself should have been obtained. Mr. Pink- in one of the branches of the joint negotiation. ney carries with him also a commission and letter of credence as your successor, in case you should persist in your intention of returning after the occasion which suspended it shall be over. A letter of farewell also for yourself goes by him, of the same provisional character.

As the joint commission does not include the subject of the convention of limits not yet acceded to by Great Britain, as varied by the Senate here, it will remain with you alone, or your successor, to continue the endeavors to bring that business to a conclusion. If any repugnance should be shown to the erasure of the fifth article as proposed by the Senate, and thereby leaving unsettled for the present the boundaries in the northwest quarter of the Union, and preference should be given to a proviso against any constructive effect of the Louisiana convention on the intention of the parties at the signature of the depending convention, you may concur in the alteration with a view to bring the subject in that form before the ratifying authority of the United States.

Mr. Madison, Secretary of State, to Messrs. Monroe and Pinkney, Ministers Extraordinary and Plenipotentiary of the United States in London.

DEPARTMENT OF STATE.

May 17, 1806.

GENTLEMEN: I herewith enclose a commission and letters of credence, authorizing you to treat with the British Government concerning the maritime wrongs which have been committed, and the regulation of commerce and navigation between the parties. Your authority is made several as well as joint, as a provision for any contingency depriving either of the co-operation of the other.

The importance of the trust is evinced by its being made the occasion of an extraordinary mission, as well as by the subjects which it embraces. And I have great pleasure in expressing the confidence which the President feels in the prudence and talents to which the business is committed.

It is his particular wish that the British GovI must observe to you, however, that either ano- ernment should be made fully to understand that ther proviso, or a clear understanding to the same the United States are sincerely and anxiously effect, or at least an understanding that the ques- disposed to cherish good-will and liberal intertion is open for future settlement, will be proper course between the two nations; that an unwilin order to supersede pretensions which the Brit-lingness alone to take measures not congenial ish Government may otherwise found on their possession of the island of Grand Menan, and the silence of the instrument with respect to it. This island is of considerable extent, is clearly within the general limits of the United States as fixed by the Treaty of Peace, and is understood not to be within the exception made by the treaty of islands appurtenant to Nova Scotia, since all such

with that disposition has made them so long patient under violations of their rights and of the rules of a friendly reciprocity; and when forced at length by accumulating wrongs to depart from an absolute forbearance, they have not only selected a mode strictly pacific, but, in demonstration of their friendly policy, have connected with the measure an extraordinary mission, with pow