Abbildungen der Seite
PDF
EPUB

as in the same stage of one month between the channel and north seas on the north, and the Canaries on the south, and the equinoctial line as the next stage, that the line of latitude of the southern Canary was intended.

I have the honor to be, &c.,

JOHN ADAMS.

FROM JOHN ADAMS TO LORD CAERMARTHEN.

My Lord,

Grosvenor Square, July 27, 1785.

Since the letter which I did myself the honor to write to your Lordship, relative to the construction of the armistice, I have received further information from America, which I beg leave to communicate to your Lordship.

The first judgment rendered on a mistaken interpretation of the armistice appears to have been at New York, where all American vessels taken within the second month were condemned as lawful prize by the Judge of the Admiralty. The fame of these decrees having reached Connecticut and Rhode Island, it is said that similar decrees were rendered by the inferior Courts of Admiralty there against British vessels. There is, my Lord, a Court of Admiralty in each of the United States, but by our Constitution an appeal lies from all of them to a court appointed by the United States in Congress assembled, for receiving and determining finally appeals in all cases of capture.

If the parties interested in the decrees in Connecticut and Rhode Island had appealed to the Supreme Court, those decrees would certainly have been reversed; because every cause which ever came before that court upon the point in question has been decided in favor of the British owner of the vessel; and should a declaration be now made of the true intention of the contracting parties, the British owners, against whom the decrees were rendered in Connecticut and Rhode Island, may still appeal and have justice, if the time limited is not passed; if it is, by an application to the Legislatures of those States, there is no doubt to be made that an appeal would be granted under the present circumstances, notwithstanding the lapse of time.

The decisions in the Court of Admiralty of Massachusetts and all other States have been conformable to the judgment of the Supreme

Court of Appeals; that is to say, conformable to the true intention of the armistice; and it is with pleasure that I add, the judgments of his Majesty's Court of Admiralty at Halifax have been the same

way.

The words of the armistice are supposed to be the same which have been constantly used in every treaty of peace for the last hundred years, and it is not known that there ever was before any doubt or difference of opinion concerning the construction of them. In order to establish confidence between the two countries, my Lord, it is necessary there should be mutual confidence in each other's tribunals of justice, which can hardly exist while such various interpretations are given of so plain a point by different courts in each nation.

In order to settle all disputes upon this subject upon one principle, I have the honor to propose to your Lordship that a declaration should be made in the form enclosed, or to the same effect in any other form which to your Lordship may appear more proper. With great respect, &c., JOHN ADAMS.

DECLARATION.

Whereas, by the first article of the Preliminary Treaty of Peace between the Crown of Great Britain and the Crown of France, signed at Versailles, on the twentieth of January, 1783, it was stipulated in these words, viz:

"As soon as the preliminaries shall be signed and ratified, sincere 'friendship shall be reëstablished between his most Christian Majesty ' and his Britannic Majesty, their Kingdoms, States, and subjects, by 'sea and by land, in all parts of the world. Orders shall be sent to 'the armies and squadrons, as well as to the subjects of the two Powers, to stop all hostilities, and to live in the most perfect union; 'to forget the past, their sovereigns showing the example, and for the 'execution of this article sea-passes shall be given on each side for the ships which shall be dispatched to carry the news of it to the 'possessions of the said Powers."

[ocr errors]

And by the 22d article of the same treaty it was stipulated in these words:

"In order to prevent all causes of complaint and dispute which 'may arise on account of prizes that may be taken at sea after the

'signing of these preliminary articles, it is reciprocally agreed that 'the vessels and effects which may be taken in the channel and in 'the north seas, after the space of twelve days, to be computed from 'the ratification of these preliminary articles, shall be restored on 'each side; that the term shall be one month from the channel and 'the north seas, as far as the Canary Islands, inclusively, whether in the ocean or in the Mediterranean; two months from the said 'Canary Islands, as far as the said equinoctial line or equator; and, 'lastly, five months in all other parts of the world, without any 'exception or any other distinction, more particular, of time and 'place."

And whereas, on the said twentieth day of January, 1783, it was agreed, and by instruments signed by the Minister Plenipotentiary of his Britannic Majesty, in behalf of his Majesty, on one part, and by the Minister Plenipotentiary of the United States of America, in behalf of the said United States, on the other, it was mutually declared, that the said United States of North America, their subjects, and their possessions, and his Britannic Majesty, his subjects and possessions, should be comprised in the suspension of arms abovementioned, and that they should consequently enjoy the benefit of the cessation of hostilities at the same periods, and in the same manner, as the Crowns aforesaid, and their subjects and possessions respectively; and whereas, a doubt has arisen, and a question has been made, concerning the sense and intention of the high contracting parties, by the words, "d'un mois depuis la manche et les mers du nord jusqu'aux Isles Canaries, inclusivement," and by the words, "de deux mois depuis les dites Isles Canaries jusqu'à la ligne equinoxiale."

Now, in order to remove all such doubts and questions, and to the end that the same rule of justice may take place in all the courts of justice in both nations, it is hereby agreed and declared, by in the name and behalf of his Majesty the King

,

[ocr errors]

of Great Britain, and Minister Plenipotentiary of the United States of America to the Court of Great Britain, on the other, in the name and behalf of the said United States, that the line of latitude of the southernmost Canary Island was intended by the said contracting parties, and that the armistice aforesaid ought to be every where understood and construed in the same manner as if the words had been, "from the channel and the north seas to the

latitude of the Canary Islands, inclusively," and "from the latitude of the said Canary Islands to the equinoctial line;" and that all judgments and decrees of courts of justice of either of the parties to this declaration, rendered upon any different construction of the armistice aforesaid, ought to be reversed.

Done at Westminster, the

FROM JOHN ADAMS TO LORD CAERMARTHEN.

My Lord,

Grosvenor Square, July 29, 1785.

The course of commerce since the peace between Great Britain and the United States of America has been such as to have produced many inconveniences to the persons concerned in it on both sides, which become every day more and more sensible. The zeal of Americans to make remittances to British merchants has been such as to raise the interest of money to double its usual standard, to increase the price of bills of exchange to eight or ten per centum above par, and to advance the price of the produce of the country to almost double the usual rate. Large sums of the circulating cash, and as much produce as could be purchased, at almost any rate, have been remitted to England; but much of this produce lies in store here, because it will not fetch, by reason of the duties and restrictions on it, the price given for it in America. No political arrangements having been made, both the British and American merchants expected that the trade would have returned to its old channels, and nearly under the same regulations, found by long experience to be beneficial. But they have been disappointed; the former have made advances, and the latter contracted debts, both depending upon remittances in the usual articles and upon the ancient terms. But both have found themselves mistaken; and it is much to be feared that the consequences will be numerous failures. Cash and bills have been chiefly remitted. Neither rice, tobacco, pitch, tar, turpentine, ships, oil, nor many other articles, the great sources of remittances formerly, can now be sent as heretofore, because of restrictions and imposts, which are new in this commerce and destructive of it; and the trade with the British West India Islands, formerly a vast source of remittance, is at present obstructed.

These evils, my Lord, as far as they merely affect the United States, should not be offered to your Lordship's consideration. They are proper subjects for the deliberations of Congress and the Legislatures of the several States; but as far as they affect the merchants and manufacturers of Great Britain and Ireland, and as far as they affect the general system of commerce, revenue, and policy of the British Empire, your Lordship will undoubtedly give them their due weight. There is a literal impossibility, my Lord, that the commerce between the two countries can continue long to the advantage of either upon the present footing. The evils already experienced will be much increased and more severely felt, if the causes of them are permitted much longer to operate. It is the desire of the citizens of the United States to cultivate the most friendly intercourse with the King's subjects, and it will be with regret that they shall see the necessity of searching for other resources as substitutes for British commerce, either in other countries or in manufactures at home. Whether it is not putting at hazard too material an interest to risk an alienation from these Kingdoms of the American commerce, or any considerable part of it, for the sake of the advantages that can be obtained by the present restrictions on it, is a question which must be submitted to your Lordship's consideration.

In order to bring this subject, so momentous to both countries, under a candid discussion, I do myself the honor to enclose to your Lordship, and to propose to the consideration of his Majesty's Ministers, a project of a fair and equitable treaty of commerce between his Majesty and the United States of America, prepared in conformity to the instructions of Congress, and submit it entirely to your Lordship to decide whether the negotiation shall be conducted with your Lordship, or with any other person, to be invested with powers equal to mine, to be appointed for the purpose. With great respect, &c., JOHN ADAMS, Minister Plenipotentiary from the United States

of America to the Court of Great Britain.

Draft of a Treaty of Amity and Commerce between his Britannic Majesty and the United States of America.

The parties being willing to fix, in a permanent and equitable manner, the rules to be observed in the commerce they desire to

« ZurückWeiter »