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same vessel, and on account of the same neutral proprie tors, and be forwarded for sale to the mother country or the colony."

An extract from this report, containing the foregoing passage, was transmitted by the duke of Portland, in a letter of the 30th March, 1801, to the lords commissioners of the admiralty. His grace's letter concludes thus: "In order, therefore, to put a stop to the inconveniences arising from these erroneous sentences of the vice-admiralty courts, I have the honour to signify to your lordships the king's pleasure that a communication of the doctrine laid down in the said report should be immediately made by your lordship's to the several judges presiding in them, setting forth what is held to be the law upon the subject by the superior tribunals, for their future guidance and direction."

On the 11th of April, 1801, lord Hawkesbury communicated to Mr. King, for the information of the government of the United States, a copy of the above letter of the duke of Portland, which is stated by his lordship to have been written by his majesty's command, in consequence of Mr. King's representation of the preceding month, together with a copy of the extract from the report of the king's advocate, referred to in his grace's letter, and already above quoted. Upon the receipt of this communication, Mr. King transmitted it to his government in a letter (of which a copy is annexed) containing the following observations: "I take the liberty of suggesting the expediency of publishing these copies in our newspapers, as the most expeditious means of communicating the same to the cruising ships and privateers in the American seas. Having intimated this suggestion to lord Hawkesbury before he prepared and sent me his answer, there can be no exceptions here against such a publication." The publication was directed, and took place accordingly.

The undersigned are persuaded that lord Holland and lord Auckland will at once perceive that the report of the king's advocate, thus unequivocally adopted by his majesty's government, and communicated, as an act to be respected and confided in, through the American minister, to the government of the United States, and finally to their citizens and to Europe, through the medium of a publication expected and authorized, cannot, in any fair construc

tion, be viewed as any thing short of a formal declaration, on the part of Great Britain, " that the landing of the cargo and the payment of the duties in the neutral country," would be considered as legalizing the circuitous trade, even between a belligerent and its own colonies.

The practice during the late, and the two first years of the present war, was in perfect conformity with this document, and by that conformity increased its authority, and furnished an additional justification, if any 'had been required, for a dependence upon the doctrine which it announced.

In the summer of 1805, however, when a large amount. of American property was afloat, undeniably entitled to the protection of the above rule, and committed to the high seas under an implicit reliance upon a strict adherence to it, the rule was suddenly abandoned, and British cruisers fell upon this trade, thus sanctioned by the express admission, as well as by the acquiescence of their government; and these captures are understood to have received the highest judicial sanction.

The undersigned have no desire to dwell upon this subject. They are convinced that the liberal and equitable sentiments which distinguish his majesty's government, render unnecessary the farther explanations of which it is susceptible. Referring to two notes from the undersigned Mr. Monroe, to lord Mulgrave, of the 23d of September, 1805, and to Mr. Fox, of the 25th of February, 1806, the undersigned have only to declare their sincere conviction that his majesty's government will not fail to see, in the facts which they have had the honour to state, an irresistible call upon it to repair the injurious effects of these seizures. As to the few cases of this class, now depending before the lords commissioners of appeal, or in other prize courts of his majesty, the undersigned feel assured that measures will be taken to cause them to be favourably disposed of, and that suitable reparation will moreover be secured to the parties injured for the loss and damage they have sustained. The undersigned have the honour to transmit herewith a list of all the cases of this class, in which are distinguished such as are still judicially depending.

The next class of these cases (of which lists and estimates will hereafter be furnished) comprehends captures,

during the existing war, contrary to the tenour of a letter of the 5th January, 1804, from sir Evan Nepean to Mr. Hammond, on the subject of the blockade of Martinique and Guadaloupe, of which a copy was enclosed in a letter of the 12th of April, 1804, from Mr. Merry to Mr. Madison, of both of which letters copies are herewith trans


The citizens of the United States complain that they have suffered severely by captures, in violation of the rules laid down with so much fairness and precision in this communication, and that, where condemnations have not followed, compensation equivalent to the actual loss has not been, and cannot be procured in the ordinary course, by any exertions on their part. The pretext for some of these captures has been the breach of an alleged blockade of Martinique or Guadaloupe; for others, the breach of an imaginary blockade of Curracoa; and for others the breach of an equally imaginary blockade of other ports and places. In all of these cases, either the actual investment of the particular port was wanting, or the vessel, seized for an imputed criminal destination to it, had not been warned as required. The just extent of these claims the undersigned are not able to state; but they presume that it cannot be considerable.

The only remaining claims, which are reducible to any precise class, are those which relate to captures within the territorial jurisdiction of the United States. Of these, as well as some others of a miscellaneous nature, which the undersigned have not at present the means of presenting distinctly to lord Holland and lord Auckland, lists shall hereafter be prepared, and laid before their lordships, accompanied by suitable explanations.

The undersigned request lord Holland and lord Auckland to accept the assurance of their perfect consideration.


An extra official Communication with regard to the Canada Trade.

A MEMORIAL has been presented to lord Holland and lord Auckland, on the part of the Canada merchants, setting forth a variety of injuries which they complain of having sustained from the government and servants of the United States, and praying that their complaints may be attended to, and redress obtained for them in the discussions which are at present pending between the American and British commissioners.

The injuries brought forward on their memorial may be reduced to the three following heads:

1st. Their exclusion from Louisiana.

2d. Their being made to pay higher duties for the goods they import into the United States from Canada, than the duties payable by the citizens of the United States on the importation of the same goods in American vessels into the Atlantick ports of the United States.

3d. Certain minor grievances which they contend to be in like manner contrary to the letter and spirit of the treaty of 1794.

By the 3d article of the treaty of 1794, it is agreed that it shall at all times be free to his majesty's subjects, and to the citizens of the United States, freely to pass and repass, by land or inland navigation, into the respective territories and countries of the two parties on the continent of America, and to navigate all the lakes and waters. thereof, and freely to carry on trade with each other.

But notwithstanding this express stipulation, which secures to his majesty's subjects without limitation or reservation the right of commercial intercourse by land or inland navigation with all the territories of the United States, on the continent of America, the governour of Louisiana has thought proper to exclude them from the commerce of that extensive province, unless they abjure their allegiance to his majesty and take an oath of allegiance to the United States; and the same governour has also taken it upon him to prohibit the introduction of any goods or merchandise, which are not the property of citizens of the United States.

This arbitrary proceeding, besides being a direct viola tion of the treaty of 1794, is highly detrimental to the private interests of the Canada merchants, for it excludes them from a country where they have been carrying on trade successfully for many years, without interruption from the Spaniards, having latterly pushed their commercial posts even to the banks of the Missouri, and augmented the sale of their goods in Louisiana, to the amount of about £40,000 or £50,000 annually.

By the second paragraph of the 3d article of the treaty of 1794, it is agreed, that all goods and merchandise, whose importation into the United States shall not be wholly prohibited, may freely, for the purpose of commerce, be carried into the same, in the manner aforesaid, by his majesty's subjects, and such goods or merchandise shall be subject to no higher duties than those payable by citizens of the United States, on the importation of the same in American vessels into the Atlantick ports of the said states.

But notwithstanding this stipulation, that the duties on goods imported into the United States from Canada shall be no higher than the duties paid for the same goods when imported in American vessels into the Atlantick ports of the United States, the custom house officers of the inland ports practise a mode of estimating the duties on goods imported from Canada, which has the effect of raising the duty on the prime cost of these goods to £22 per cent. instead of £16 10 per cent. which is the amount of the duty payable on the same goods, when imported in American vessels into the Atlantick ports of the United States.

As these goods are destined ultimately for the Indian market, this difference gives a decided advantage in that commerce to the citizens of the United States over the subjects of his majesty, contrary to the spirit and obvious meaning of the treaty of 1794, the basis of which, in all its stipulations with regard to the Indian trade, were impartiality, equality, and reciprocity of advantages.

The manner in which this evasion of the treaty is effected, will appear from the account given of it by the Canada merchants, in their memorial above referred to.

They state," that by the revenue laws of the United States, all goods imported into their territory, not charged with a particular duty, pay a duty of fifteen per cent. ad valorem, excepting goods from the Cape of Good Hope,

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