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ART. xxn. In the event of a shipwreck happening in a place belonging to one or other of the high contractmg parties, not only every assistance shall be given to the unfortunate persons, and no violence done to them, but also the effects which they shall have thrown out of the ship into the sea shall not be concealed, nor detained, nor damaged, under any pretext whatever. On the contrary, the above mentioned effects and merchandise shall be preserved, and restored to them, upon a suitable recompense being given to those who shall have assisted in saving their persons, vessels, and effects.
ART. XXII. And it being the intention of the high contracting parties, that the people of their respective dominions shall continue to be on the footing of the most favoured nation, it is agreed, that in case either party shall hereafter grant any additional advantages in navigation or trade, to any other nation, the subjects or citizens of the other party shall fully participate therein.
ART. xxiv. The high contracting parties engage to communicate to each other, without delay, all such laws as have been or shall be hereafter enacted by their respective legislatures, as also all measures which shall have been taken for the abolition or limitation of the African slave trade; and they further agree to use their best endeavours to procure the co-operation of other powers for the final and complete abolition of a trade so repugnant to the principles of justice and humanity.
Art. xxv. And it is further agreed, that nothing herein contained shall contravene or affect the due execution of any treaty or treaties, now actually subsisting between either of the high contracting parties and any other power or powers.
ART. XXVI. This treaty, when the same shall have been ratified by his majesty, and by the President of the United States, with the advice of their Senate, and the respective ratifications mutually exchanged, shall be binding and obligatory on his majesty, and on the said States, for ten years, from the date of the exchange of the said ratification, and shall be reciprocally executed and observed with. punctuality and the most sincere regard to good faith.
In faith whereof, we, the undersigned plenipotentiaries
on the part of his majesty, the king of Great Britain, and the commissioners extraordinary and plenipotentiaries on the part of the United States of America, have signed this present treaty, and have caused to be affixed thereto the seal of our arms. Done at Lon. don, this thirty-first day of December, one thousand eight hundred and six.
London, Dec, 31, 1806. The undersigned Henry Richard Vassall lord Holland, and William lord Auckland, plenipotentiaries of his Britannick majesty, have the honour to inform James Monroe and William Pinkney, commissioners extraordinary and plenipotentiaries of the United States of America, that they are now ready to proceed to the signature of the treaty of amity, commerce and navigation, on the articles of which they have mutually agreed.
But at the same time, they have it in command from his majesty, to call the attention of the commissioners of the United States, to some extraordinary proceedings which have lately taken place on the continent of Europe, and to communicate to them officially the sentiments of his majes. ty's government thereupon.
The proceedings alluded to are certain declarations and orders of the French government issued at Berlin on the 21st of November last.
In those orders, the French government seeks to justify, or palliate its own unjust pretensions, by imputing to Great Britain principles which she never professed, and practices which never existed. His majesty is accused of a systematick and general disregard of the law of nations, recognised by civilized states, and more particularly of an unwarrantable extension of the right of blockade; whereas his majesty may confidently appeal to the world, on his uniform respect for neutral rights, and his general and scrupu.
lous adherence to the law of nations, without condescending: to contrast his conduct in these particulars with that of his enemy; and with regard to the only specifick charge, it is notorious that he has never declared any ports to be in a state of blockade, without allotting to that object a force sufficient to make the entrance into them manifestly dangerous.
By such allegations, unfounded as they are, the enemy attempts to justify his pretensions of confiscating, as lawful prize, all produce of English industry or manufacture, though it be the property of neutrals; of excluding from his harbours every neutral vessel which has touched at any port of his majesty's dominions, though employed in an innocent commerce, and of declaring Great Britain to be in a state of blockade, though his own naval ports and arsenals are actually blockaded, and he is unable to station any naval force whatever, before any port of the united kingdom.
Such principles are in themselves extravagant and repugnant to the law of nations; and the pretensions founded on them, though professedly directed solely against Great Britain, tend to alter the practice of war among civilized nations, and utterly to subvert the rights and independence of neutral powers. The undersigned cannot, therefore, believe, that the enemy will ever seriously attempt to enforce such a system. If he should, they are confident that the good sense of the American government will perceive the fatal consequences of such pretensions to neutral commerce, and that its spirit and regard to national honour will prevent its acquiescence in such palpable violations of its rights, and injurious encroachments on its interests.
If however the enemy should carry these threats into execution, and if neutral nations, contrary to all expectation, should acquiesce in such usurpations, his majesty might probably be compelled, however reluctantly, to retaliate in his just defence, and to adopt, in regard to the commerce of neutral nations with his enemies, the same measures which those nations shall have permitted to be enforced against their commerce with his subjects. The commissioners of the United States will therefore feel, that at a moment when his majesty and all neutral nations are threatened with such an extension of the belligerent pre
tensions of his enemies, he cannot enter into the stipulations of the present treaty, without an explanation from the United States, of their intentions, or a reservation on the part of his majesty in the case above mentioned, if it should ever occur.
The undersigned considering that the distance of the American government renders any immediate explanation on this subject impossible, and animated by a desire of forwarding the beneficial work in which they are engaged, are authorized by his majesty to conclude the treaty with · out delay. They proceed to the signature under the full persuasion that before the treaty shall be returned from America with the ratification of the United States, the
enemy will either have formally abandoned or tacitly re. · linquished his unjust pretensions, or that the government
of the United States, by its conduct or assurances, will have given security to his majesty that it will not submit to such innovations in the established system of maritime law : and the undersigned have presented this note from an anxious wish that it should be clearly understood on both sides, that without such an abandonment on the part of the enemy, or such assurances, or such conduct on the part of the United States, his majesty will not consider himself bound by the present signature of his commissioners to ratify the treaty, or precluded from adopting such measures as may seem necessary for counteracting the designs of his enemy.
The undersigned cannot conclude without expressing their satisfaction at the prospect of accomplishing an object so important to the interests and friendly connection of both nations, and their just sense of the conciliatory disposition manifested by the commissioners of the United States during the whole course of the negotiation.
AUCKLAND. To James Monroe, &c. &c. &c.
William Pinkney, &c. &c. &c.
London, March 14, 1807. My Lord,—In conformity with the intimation which your lordship was so good as to make to us at a late interview, relative to certain claims and prize causes, which had been brought into discussion in the course of the late negotiation between his majesty's commissioners, and those of the United States, we have the honour to transmit to your lordship the copy of a note to lord Holland and lord Auckland, in which those claims and prize causes are fully explained. It is proper to add, that at the time of the signature of the treaty it was distinctly understood between the commissioners on both sides, that this subject was not to be affected by it, but was to remain completely open for future adjustment.
We leave it upon the statement contained in that note and the documents to which it refers, in perfect confidence that it will be viewed by your lordship with the interest which belongs to it, and that every thing which is suitable to the high and honourable character of his majesty's government, and the just claims of the United States, will be done with relation to it, as promptly as circumstances will permit. We have the honour to be, &c.
WILLIAM PINKNEY. The Rt. Hon. Lord Viscount Howick, &c. &c. &c.
London, August 20, 1806. The undersigned commissioners extraordinary and plenipotentiary of the United States of America, think it necessary to give to lord Holland and lord Auckland, the commissioners extraordinary and plenipotentiary of his majesty, a brief explanation in writing of the claims, which they have already had the honour to mention to their lordships in a recent conference, of sundry American citizens, for suitable compensation for losses and damages sustained in the course of the present war, by reason of irregular or illegal captures or condemnations of their vessels and other property, and at the same time to call the attention of their VOL. VI.