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article of the treaty of amity, commerce, and navigation between his Britannick majesty and the United States of America, signed at London the 19th of November, 1794, as well as by the explanatory article, concluded at Philadelphia, in 1796, shall extend to all the territories belonging to either of the high contracting powers on the conti nent of America (the actual settlements of the Hudson's Bay company and the intermediate neighbourhood of those settlements always excepted) situated on either side of any part of the boundary line described in the preceding article, so that all the rights and privileges secured to his majesty's subjects and to the citizens of the United States, by the aforesaid article of the treaty of 1794, as well as by the explanatory article of 1796, shall be enjoyed by them in the aforesaid territories. It is farther agreed that goods or merchandise imported by land or inland navigation from the territories of the one power into those of the other, shall not be subjected to other or higher duties, when so imported, than would be payable for the same goods if imported into the said territories from Europe, or from beyond the seas; and therefore, that the value of the said goods and merchandise shall be estimated by their respective customhouse officers, in the same manner as if they were so directly imported from Europe or from beyond the seas. It is farther agreed that no duties shall be exacted from the traders of either power, for licenses to trade with the Indians for themselves, their servants or their canoemen, or for passes for their canoes, or for any other purpose whatever. But if such licenses are required by either power as a measure of police or internal regulation, they shall be granted by the power requiring them to the subjects or citizens of the other without any fee or gratuity, and shall not be withheld from any person demanding them for himself, his servants, or his canoemen, except for some offence committed or impropriety of conduct on the part of the person for whom the license is demanded. It is farther agreed, that no restrictions or limitations. shall be applied by either power to the trade of the subjects or citizens of the other power, with the Indians living on its own side of the boundary line, except such limitations and restrictions as a regard to its own safety may from time to time compel it to adopt, with regard to the trade of its own subjects or citizens.
ART. VIII. Whereas it is expedient that the exchange. of gypsum, grindstones, and certain other articles of the produce of his majesty's colonies in North America, and of British manufactures, and British West India produce, to be exported from the said colonies in return for horses, cattle, grain, provisions, slaves, pitch, tar, turpentine, and certain other articles the produce of the United States, shall be permitted, encouraged and regulated by sea, between the subjects of his majesty and the citizens of the United States: it is agreed that measures shall be taken as speedily as may be, for giving a legalized exchange and intercourse for the purposes aforesaid, at such port or ports as shall be fixed for the vessels of either party with such fair and equal regulations, restrictions or extensions, from time to time, as may best promote the said objects consistently with the respective and essential interests of navigation and trade.
ART. IX. Lastly. This treaty, when the same shall have been ratified by his majesty and the President of the United States, by and with the advice of their Senate, and the respective ratifications mutually exchanged, shall be binding and obligatory upon his majesty and upon the said states, and shall be by them respectively executed and observed with punctuality, and the most sincere regard to good faith; and it is agreed, that the first six articles of this treaty shall be permanent, and that the seventh and eighth articles shall be limited in their duration to ten years, to be computed from the day on which the ratification of the treaty of amity, commerce and navigation, signed at London on the 31st of December last, shall have been exchanged.
In faith whereof, we the undersigned plenipotentiaries, on the part of his majesty the king of the united kingdom of Great Britain and Ireland, and the commissioners extraordinary and plenipotentiaries on the part of the United States of America, have signed this present convention, and have caused to be affixed thereto the seal of
Done at London, the
thousand eight hundred and seven.
(As proposed by the American Commissioners.)
It is agreed that a line drawn due north or south (as the case may require) from the most north-western point of the Lake of the Woods, until it shall intersect the 49th parallel of north latitude, and, from the point of such intersection due west along and with the said parallel, shall be the dividing line between his majesty's territories and those of the United States to the westward of the said lake; and that the said line, to and along and with the said parallel, shall form the southern boundary of his majesty's said territories, and the northern boundary of the said territories of the United States: provided that nothing in the present article shall be construed to extend to the northwest coast of America, or to the territories belonging to, or claimed by, either party on the continent of America to the westward of the Story Mountains.
(As the British Commissioners have agreed to make it.)
It is agreed that a line drawn due north or south (as the case may require) from the most north-western point of the Lake of the Woods, until it shall intersect the 49th parallel of north latitude, and from the point of such intersection due west along, and with the said parallel, shall be the dividing line between his majesty's territories and those of the United States to the westward of the said lake, as far as their said respective territories extend in that quarter; and that the said line shall, to that extent, form the southern boundary of his majesty's said territories, and the northern boundary ofthe said territories of the United States: provided that nothing in the present article shall be construed to extend to the north-west coast of America, or to the territories belonging to, or claimed by either party on the continent of America, to the westward of the Stony Mountains.
London, May 7, 1807.
SIR, WE had the honour to receive, on the 27th of last month, your letter of the 18th of March, to which the detailed explanations contained in our letter of the 22d and 25th ult. render any particular reply unnecessary.
We transmit enclosed a statement of the American prize causes, for hearing in the high court of appeals. That which was forwarded by Mr. Purviance was very hastily prepared by general Lyman, under a misconception of our views, and included only cases in the high court of admiralty.
We have the honour to be, &c.
James Madison, Esq. &c. &c. &c.
London, October 10, 1807.
SIR,-We avail ourselves of the opportunity afforded by the return of the schooner Revenge, to give you a brief account of the transactions of the joint mission, from the time of Mr. Purviance's arrival in England, until the receipt of intelligence here of the late outrage in the American seas, upon the sovereignty, of our country.
Your letter of the
us on the
day of May, was delivered to day of July, and we lost no time in obtaining an interview with Mr. Canning, on the subjects to which it relates. In the course of that interview, we entered at large into the explanations required by our instructions, and at the same time recalled to Mr. Canning's attention, the statement which we had made to him at former conferences, relative to our want of power to bind our government by a treaty which should not provide in a satisfactory manner for the subject of impressment. That we might be enabled to give to Mr. Canning a more complete view of the grounds of the President's disapprobation of the instrument signed in December last, and of the alterations in that instrument which we had to
propose, we thought it advisable to suggest these alterations in the margin of a copy of it, and to prepare moreover separate clauses relative to impressments and indemnity. Of these papers copies are herewith transmitted.
We had scarcely finished our explanations when Mr. Canning intimated the propriety of putting them into the form of a note. He expressed, however, his readiness and his wish, for the purpose of saving time, to receive immediately the papers above mentioned, which, as containing the project of such an arrangement as would be acceptable to the President, we did not hesitate to deliver to him. An official note being required by Mr. Canning, we had no choice but to consent to that course, and as you will find in the copy of the note itself a brief recapitulation of the substance of what we thought it prudent to say to him in that stage of the transaction upon the principal points embraced by it, it is unnecessary to repeat it here. It is proper, however, to observe that although nothing was said by Mr. Canning which authorized us to calculate with certainty on the ultimate success of renewed negotiation, there was nothing in his language or manner of an unfriendly character.
Our note was prepared with as much expedition as the importance and delicacy of its topicks would permit; but before it was possible to send it to Mr. Canning he re minded us of it by a note of which a copy is enclosed. Our note, which we hope will meet with the President's approbation, was delivered to Mr. Canning on the next day.
We did not think it proper, for obvious reasons, either in conversation or in our note, to enter into any argument in support of the different alterations suggested by our project to the proposed treaty. This it was thought would be more regularly as well as advantageously attempted when negotiation should be resumed. It is only necessary to add, that, before Mr. Canning had replied to our note, information was received of the outrage committed by the Leopard, and that our proceedings were in consequence suspended.
We have the honour to enclose the copy of a bill delivered to us some "time ago by lord Auckland, for permiting an intercourse by sea between the British North Ame