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being equally anxious to preclude the inference of any sanction to the maritime pretensions of Great Britain under that treaty, in respect to neutral commerce, I deemed it proper to advert again to the project, which I had presented some time since, for the regulation of those points, to notice its contents, and express an earnest wish, that his lordship would find leisure and be disposed to act on it. He excused himself again from entering into this subject, from the weight and urgency of other business, the difficulty of the subject, and other general remarks of the kind. I told him, that the most urgent part of the subject was that which respected our seamen; that our government wished to adopt a remedy which would be commensurate with the evils complained of by both countries. His government complained that deserters from their ships in America were not restored to them ; ours, that our seamen were impressed in their ports (those of G. B.) and on the high seas, in our vessels, and sometimes in our bays and rivers ; that such injuries ought to be put an end to, and that we were willing to adopt a fair and efficacious remedy for the purpose. He said he was afraid, however well disposed our government might be to give the aid of the civil authority to restore deserters to their vessels in the United States, that little advantage could be derived from such a stipulation. The bias and spirit of the people would be against it, with us, as it was here, under favour of which deserters would always find means to elude the most active search of the most vigilant peace officers. I replied, that I did not think the difficulty would be found so great as he supposed; that our people were very obedient to the law in all cases; that as soon as the apprehension and restoration of deserting seamen to their vessels was made a law, as it would be, by be. coming the stipulation of a treaty, the publick feeling on that point would change, especially when it was considered as the price of a stipulation which secured from im. pressment their fellow citizens, who might be at sea, or in a foreign country; that sailors never retired far into the interior, or remained where they went long, but soon returned to the scaport towns to embark again in the sea *service; that it was not likely they would be able to elude the search of the magistracy, supported as it would be by the government itself. I found, on the wbole, that
his lordship did not wish to encourage the expectation, that we should agree in any arrangement on this head, though he was equally cautious not to preclude it. I left him without asking another interview, and the affair, of course, open to further communication."
Project of a Convention presented to Lord Hawkesbury,
April 7, 1804. ARTICLE 1. No person shall, upon the high seas, and without the jurisdiction of the other party, be demanded or taken out of any ship or vessel, belonging to citizens or subjects of one of the parties, by the publick or private armed ships belonging to, or in the service of the other, unless such person be at the time in the military service of an enemy of such other party.
2. No person, being a subject or citizen of one of the parties, and resorting to, or residing in the dominions of the other, shall, in any case, he compelled to serve on board any vessel, whether publick or private, belonging to such other party; and all citizens and subjects whatever of the respective parties, at this time compulsively serving on board the vessels of the other, shall be forthwith liberated and enabled by an adequate recompense to return to their own country.
A certified list of the crew, or protection from either government, in such form as they shall respectively prescribe, showing that the person claiming under it is a citizen or subject of either power, shall be deemed satisfactory evidence of the same. And in all cases where these documents may have been lost, destroyed, or by casualty not obtained, and any person claims to be a citizen or subject of either power, such other evidence of said claim shall be received and admitted, as would be satisfactory in a court of judicature.
3. If the ships of either of the parties shall be met sailing either along the coasts or on the high seas by any ship of war, or other publick or private armed ship of the other party, such ships of war, or other armed vessels, shall, for avoiding all disorder in visiting and examining the same, remain out of cannon shot, unless the state of the sea or place of meeting render a nearer approach ne.
cessary, and shall in no case compel or require such ves. sel to send her boat, or her papers, or any person from on board to the belligerent vessel; but the belligerent vessel may send her own boat to the other, and may enter her, to the number of two or three men only, who may in an orderly manner examine the same; and it is agreed that effectual provision shall be made for preventing violations of any part of this article.
4. In order to determine what characterizes a blockaded port, that denomination is given only to a port where there is, by the dispositions of the power which attacks it with ships stationary or sufficiently, near, an evident danger in entering.
5. It is agreed, that no vessel sailing from the ports of either party shall, although cleared and bound to a blockaded port, be considered as violating in any manner the blockade, unless in her approach towards such port she shall have been previously warned against entering the same.
6. It is agreed, that no refuge or protection shall be afforded by either party to the mariners, sailors, or other persons, not found to be its own citizens or subjects, who shall desert from a vessel of the other party, of the crew whereof the deserter made a part; but on the contrary all such deserters shall be delivered up on demand to the commanders of the vessels from which they shall have deserted, or to the commanding officers of the ships of war of the respective nations, or to such other persons as may be duly authorized to make requisition in that behalf, provided that proof be made, within two years from the time of desertion, by an exhibition of the ship's papers, or authenticated copies thereof, and by satisfactory evidence of the identity of the person, that the deserters so demanded, were actually part of the crew of the vessels in question. .
And for the more effectual execution of this article, adequate provision shall be made for causing to be arrested, on the application of the respective consuls, or vice-consuls, to the competent authorities, all deserters duly proved to be such, in order that they may be sent back to the commanders of the vessels to which they belonged, or removed out of the country, at the request and expense of the said consuls, or vice-consuls, until they shall have
found an opportunity of sending them back, or removing them as aforesaid. But if they be not so sent back or removed, within three months from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause.
7. This convention shall be in force for the term of five years from the date of the exchange of ratifications. It shall be ratified on both sides within three months from the date of its signature, or sooner, if possible, and the ratifications exchanged without delay in the United States, at the city of Washington.
* Paper respecting the Boundary of the United States, deli
dered to Lord Harrowby, Sept. 5, 1804. By the 10th article of the treaty of Utrecht it is agreed, " that France shall restore to Great Britain the bay and straits of Hudson, together with all lands, seas, sea coasts, rivers, and places situate in the said bay and straits which belong thereunto, &c."
It is also agreed, “ that commissaries shall be forthwith appointed by each power to determine, within a year, the limits between the said bay of Hudson and the places appertaining to the French; and also to describe and settle, in like manner, the boundaries between the other British and French colonies in those parts." '
Commissaries were accordingly appointed by each power, who executed the stipulations of the treaty in establishing the boundaries proposed by it. They fixed the northern boundary of Canada and Louisiana by a line beginning on the Atlantick, at a cape or promontory in 58 degrees 30 minutes north latitude, thence south-westerly to the lake Mistasin, thence further south-west to the latitude 49 degrees north from the equator, and along that line indefinitely.
At the time this treaty was formed, France possessed Canada and Louisiana, which she connected by a chain of forts extended from the mouth of the Mississippi, on all its waters, and on the lakes, along the St. Lawrence to Montreal. Hier encroachments castward on the territory of the present United States, then British provinces, extended to the foot of the Alleghany mountain. It is well VOL. VI.
known that on the Ohio, at a point formed by the corifluence of the Alleghany and Monongahela branches, below which the stream takes the name of Ohio, that the French had built a fort which was called Duquesne: a fort which has been better known since by the name of Pittsburg. The adjustment of the boundary of the territory between the two powers in this quarter was the result of another war and another treaty,
By the 4th article of the treaty of 1763, France ceded to Great Britain, Canada, Nova Scotia, &c. in the north, and by the 7th article the bay and port of Mobile, and all the territory which she possessed to the left of the Mississippi, except the town and island of New Orleans.
By the 7th article it was also stipulated, that a line to be drawn along the middle of the Mississippi from its source to the river Iberville, and thence along the middle of that river and the lakes Maurepas and Pontchartrain to the sea, should be the boundary between the British territory to the eastward and Louisiana to the west. At that time it was understood, as it has been ever since, till very lately, that the Mississippi took its source in some mountain, at least as high north as the 49th degree of north latitude.
By the treaty of 1783 between the United States and Great Britain, the boundary between those states and Nova Scotia and Canada is fixed by a line which is to run along the St. Croix and Highlands, bounding the southern waters of the St. Lawrence, the 45th degree of latitude to the water communication between the lakes, and along that communication to the Lake of the Woods, and through that lake to the north-western point thereof, thence a due west course to the Mississippi. The line follows after. wards the course of the Mississippi to the 31st degree of north latitude.
By Mitchell's map, by which the treaty of 1783 was formed, it was evident that the north-western point of the Lake of the Woods was at least as high north as the latirude 49. By the observations of Mr. Thompson, astronomer to the North Western company, it appears to be in latitude 49 degrees 37 minutes. By joining then the western boundary of Canada to its northern in the Lake of the Woods, and closing both there, it follows that it was the obyious intention of the ministers who negotiated the trea.