hundred dollars, to be recovered in an action of debt, one half to the informer, and one half to the United States. It is also made penal, punishable as a felony by imprisonment and labour, from three to five years, or by fine, from five hundred to one thousand dollars, for any person to forge or counterfeit, or to pass, or use any forged or counterfeited certificate of citizenship, or to sell or dispose of one.

It may fairly be presumed, that if this law should be carried into effect, it would exclude all British seamen from our service.

another, either in consequence of marriage, of disease, or as an asylum for age.

To a stipulation which shall operate pros|pectively only, the same objection does not apply. In naturalizing foreigners, the United States may prescribe the limit to which their privileges shall extend. If it is made a condition that no native British subject, who may hereafter become a citizen, shall be employed in our public or private ships, their exclusion will violate no right. Those whe might become citizens afterwards would acquire the right, subject to that condition, and would be bound by it. To such a stipulation the president is willing to assent, although he would much prefer the alternative of restraints on naturalization; and to prevent frauds, and to carry the same fully into effect, you are authorized to apply all the restraints and checks, with the necessary modifications, to suit the case, that are provided in the act above recited relative to seamen, for the purposes of that act.

By requiring five years continued residence in the United States, as the condition of citizenship, few, if any British seamen, would ever take advantage of it. Such as had left Great-Britain, and had resided five years in this country, would be likely to abandon the sea forever. And by making it the duty of the commanders of our public, and of the collectors, in the case of private ships, to require an authenticated copy from the clerk of the court, before which a British subject, who of- In requiring that the stipulation to exclude fered his service, had been naturalized, as in- British seamen from our service, with the redispensable to his admission, and highly penal|gulations for carrying it into effect, be made in either to take a person not duly qualified, and by allowing also British agents to object to any one offering his service, and to proseeute, by suit, the commander or collector, as the case might be, for receiving an improper person, it seems to be impossible that such should be received.

reciprocal; the president desires that you make a provision, authorizing the United States, if they should be disposed, to dispense with the obligations imposed by it on American citizens. The liberal spirit of our government and laws is unfriendly to restraints on our citizens, such at least as are imposed onBritish subjects from becoming members of other societies. This has been shown in the law of the last session relative to seamen, to which your particular attention has been already drawn. This provision may likewise be reciprocated if desired.

If the second alternative is adopted; that is, if all native British subjects are to be hereafter excluded from our service, it is important that the stipulation providing for it should operate so as to affect those who have been already naturalized. By our law all the rights of natives are given to naturalized The president is not particularly solicitous citizens. It is contended by some, that these that either of these alternatives (making the complete rights do not extend beyond the li- proposed reservation in case the latter be} mits of the United States: that, in natural-should be preferred. To secure the United izing a foreigner, no state can absolve him States against impressment he is willing to from the obligation which he owes to his adopt either. He expects in return that a former government, and that he becomes a clear and distinct provision shall be made citizen in a qualified sense only. This doc-against the practice. The precise form in trine, if true in any case, is less applicable to the United States than to any other power. Expatriation seems to be a natural right, and by the original character of our institutions, founded by compact, on principle, and particularly by the unqualified investment of the adopted citizen with the full right of the native, all that the United States could do, to place him on the same footing, has been done. In point of interest the object is of little importance to either party. The number to be affected by the stipulation is inconsiderable; nor can that be a cause of surprise, when the character of that class of men is considered. It rarely happens that a seaman who settles on a farm, or engages in a trade, and pursues it for any length of time, returns to sea. His youthful days are exhausted in his first occupation. He leaves it with regret, and adopts

which it may be done is not insisted on, provided the import is explicit. All that is required is, that in consideration of the act to be performed on the part of the United States, the British government shall stipulate in some adequate manner, to terminate or forbear the practice of impressinent from American vessels.

It has been suggested, as an expedient mode for the adjustment of this controversy, that British cruizers should have a right to search our vessels for British seamen, but that the commanders thereof should be subjected to penalties, in case they made mistakes, and took from them American citizens. By this the British government would acquire the right of search for seamen, with that of impressing from our vessels the subjects of al others powers. It will not escape your attens

tion, that by admitting the right, in any case we give up the principle, and leave the door open to every kind of abuse. The same objection is applicable to any and every other arrangement, which withholds the respect due to our flag by not allowing it to protect the crew sailing under it.

United States, that they ought to depend on their own population, for the supply of their ships of war and merchant service; experience has shown, that it is an abundant resource. In expressing this sentiment, you will do it in a manner to inspire more fully a confidence, than the arrangement which you may enter into, will be carried faithfully into effeet, without derogating, however, from the conciliatory spirit of the accommodation.

A strong desire has, heretofore, be n expressed by the British government, to obtain, of the United States, an arrangement to pre

If the first alternative should be adopted, it will follow, that none of the British scamen, who may be in the United States at the time the treaty takes effect, and who shall not have become citizens, will be admitted into our service, until they acquire that right. If the second is adopted, the number of na-vent the desertion of British seamen, when in tive British seamen, who have been naturalized, and will be admissible into our service, will not, it is believed, exceed a few hundred; all others who may be in the United States at the time the treaty takes effect, or who may arrive afterwards, will be excluded.

our ports, and it cannot be doubted. that a stipulation to that effect would be highly satisfactory, as well as useful to Great-Britain. It is fairly to be presumed that it, alone, would afford to the British government a strong inducement to enter into a satisfactory arrangement of the difference relating to im

As a necessary incident to an adjustment, on the principle of either alternative, it is expressment, The claim is not inadmissible, pected, that all American seamen, who have been impressed, will be discharged, and that those who have been naturalized, under the British laws, by compulsive service, will be permitted to withdraw.

especially as the United States have a reci procal interest in the restoration of deserters from American vessels in British ports. You may, therefore, agree to an article, such as hath been heretofore authorised by the United States, which shall make it the duty of each party to deliver them up.

Of the rights of the United States to be exempted from the degrading practice of im pressment, so much has been already said, and with such ability, that it would be useless especially to you, who are otherwise so well acquainted with it, to dilate on its merits. I must observe, however, that the practice is utterly repugnant to the law of nations; that it is supported by no treaty with any nation; that it was never acquiesced in by any; and that a submission to it by the United States, would be the abandonment, in favour of GreatBritain, of all claim to neutral rights, and of

I have to repeat that the great object which you have to secure, in regard to impressment, is, that our flag shall protect the crew, and providing for this in a satisfactory manner, that you are authorized to secure Great-Britain, effectually against the employment of her seamen in the service of the United States. That, it is believed, will be done by the adoption of either of the above alternatives, and the application to that which may be adopted, of the checks contained in the Jaw of the last session relative to scamen; in aid of which it will always be in the power of Great-Britain to make regulations operating in her own ports, with a view to the same effect. To terminate, however, this controver-all other rights on the ocean. sy in a manner satisfactory to both parties, This practice is not founded on belligerent the president is willing, should other cheeks right. The greatest extent to which the belbe suggested as likely to be more effectual, ligerent claim has been carried, over the vesconsistent with the spirit of our constitution, sels of neutral nations, is, to board and take that you should adopt them. The strong fea- from, persons in the land and sea service of an ture of the first alternative, which authorises enemy; contraband of war; an enemy's prothe naturalization of seamen, requires their perty. All nations agree respecting the two continued residence in the United States for first articles, but there has been, and still exfive years, as indispensable to the attainment ists, a diversity of opinion as to the last. On of that right. In case this alternative be that and other questions of considerable im adopted, the president is willing, for example, portance, disputes have arisen, which are yet to secure a compliance with that condition, to unsettled. The Empress Catharine of Russia, make it the duty of each alien, who may be a distinguished advocate for just principles, desirous to become a citizen, to appear in placed herself, in 1780 at the head of neutral court every year for the term of five years, nations, in favour of a liberal construction of till his right shall be completed. This exam- their rights, and her successors have generalple is given, not as a limitation, but as an il-ly followed her example. In all the discuslustration of your power; for to the exclusionsions on these topics, we find nothing of the of British seamen from our service, no repug-British claim to impressments; no acknownance is felt. To such exclusion the amica-ledgement of it in any treaty, or proof of ble adjustment of this controversy with Great-mission to it by any power. If instances Britain affords a strong motive, but not the have occurred in which British cruizers have only one. It is a growing sentiment in the taken British seamen from the vessels of

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other nations, they were, as it is presumed, in asserts only, that they have a right to search cases, either not acquiesced in, or of an ex- them for other objects, and being on board traordinary nature only, affording no counte-for a lawful cause, and find British seamen nance to their practice and pretention in re- there, that they have a right to impress and lation to the United States. Cases of this bring them away, under the claim of allekind, if such there be, afforded no proof of a giance. When we see a systematic pursuit of systematic claim in the British government our vessels by British cruizers, and the imto impressment, or of submission to it by pressment of seamen from them, not at a port other powers. This claim has been set up of the enemy, where a regular blockade had against the United States only, who have, in been instituted, and by the blockading squadconsequence thereof, been compelled to disron, but on every part of the ocean, on our cuss its merits. coast, and even in our harbours, it is difficult

mitted that the entry was lawful, is it so to commit an act not warranted by the purpose for which the entry was made? There is a levity in this argument, which neither suits the parties nor the subject. The British government found its right of impressment from our ships on that of allegiance, which is a permanent right, equally applicable to peace and war. The right of impressment, therefore, from the vessels of other powers, must likewise be permanent, and equally applicable to peace and war. It would not however, take this broad ground, least the injustice and

This claim is in fact traced to another to belive that impressment is not the real source, the allegiance due by British subjects | motive, and the other the pretext for it. But to their sovereign, and his right by virtue to place this argument of the British govern thereof, to their service. This has been dis-ment on the strongest ground, let it be adtinctly stated in a late declaration by the Prince Regent. Knowing the nature of the claim, we know also the extent of the right and obligations incident to it. Allegiance is a political relation between a sovereign and bis people. It is the obligation which binds the latter in return for the protection they receive. These reciprocal duties have the same limits. They are confined to the dominions of the sovereign, beyond which he has no rights, can afford no protection, and of course can claim no allegiance. A citizen or subject of one power, entering the dominion of another, owes allegiance to the latter, in re-extravagance of the pretension might excite turn for the protection he receives. Whether the astonishment and indignation of other a sovereign has a right to claim the service of powers, to whom it would be equally appli such of his subjects as have left his own domi- cable. To claim it as a belligerent right, nions is a question, respecting which also a would have been equally unjust and absurd, as difference of opinion may exist. It is certain no trace of it could be found in the belligerent that no sovereign has a right to pursue his code. The British government was, therefore, subjects into the territories of another, be the reduced to a very embarrassing dilemma. To motive for it what it may. Such an entry, acknowledge that it could not support the without the consent of the other power, would | claim, on either principle, would be to relinbe a violation of its territory, and an act of quish it, and yet it could rely on neither. I hostility. Offenders, even conspirators, can-endeavoured to draw some aid from both. not be pursued by one power into the terri-A state of war exists which brings the partory of another, nor are they delivered up by ties together, Great-Britain, as a belligerent, the latter, except in compliance with treatise, or by favour. That the vessels of a nation are considered part of its territory, with the exception of the belligerent right only, is a principle too well established to be brought into discussion. Each state has exclusive jurisdiction over its own vessels. Its laws govern in them, and offences against those laws are punishable by its tribunals only. The flag of a nation protects every thing sailing under it, in time of peace, and in time of war likewise, with the exception of the belligerent rights growing out of the war. An entry on board the vessels of one power by the cruizers of another, in any other ease, and the exercise of any other authority over them, is a violation of right, and an act of hostility.

and the United States as a neutral power. British officers have now a right to board and search American vessels, but for what? Persons in the service of an enemy, contraband of war, or enemy's property? This would not accomplish the end. It is, however, the ut-unost limit of the belligerent right. Allegiance, which is an attribute of sovereignty, comes to her aid, and communicates all the necessary power. The national character of the neutral vessel ceases. The complete right of sovereignty and jurisdiction over it is transferred to Great-Britain. It is on this foundation that the British government has raised this monstrous superstructure. It is with this kind of argument that it attempts to justify its practice of impressment from our vessels.

The British government, aware of the truth of this doctrine, has endeavoured to The remark contained in the declaration of avoid its consequences in the late declaration the Prince Regent, that in impressing British of the Prince Regent. It has not contended seamen from American vessels, Great-Britain that British cruizers have a right to pursue exercised no right which she was not willing and search our vessels for British seamen. It to acknowledge as appertaining equally to the

manded, whether the British government would tolerate such a practice from American ships of war, no such information was ever given,

government of the United States with re-war, and when on that account it could prospect to American seamen in British merchant duce no effect? In the various discussions of ships, proves only, that the British govern- this subject, in many of which it has been de ment is conscious of the injustice of the claim, and desirous of giving to it such aid as may be derived from a plausible argument. The semblance of equality, however, in this proposition, which strikes at first view, dis- If Great-Britain had found the employment appears on a fair examination. It is unfair, of her seamen in our service so injurious to first, because it is impossible for the United her, and been disposed to respect our rights, States to take advantage of it. Impressment the regular course of proceeding would have is not an American practice, but utterly re- been for her government to have complained pugnant to our constitution and laws. In of to the government of the United States of the fering to reciprocate it, nothing was offered, injury, and to have proposed a remedy, Had as the British government well knew. It is this been done, and no reasonable remedy unfair, secondly, because if impressment was been adopted, sound in principle and reciproallowable, a reciprocation of the practice cal in its operation, the British government would be no equivalent to the United States. might have had some cause of complaint, and The exercise of a right in common, at sea, by some plea for taking the remedy into its own two nations, each over the vessels of the other, hands. Such a procedure would, at least, the one powerful and the other comparatively have given to its claim of impressment the weak, would be, to put the latter completely greatest plausibility. We know that such at the mercy of the former. Great-Britain, complaint was never made, except in defence with her vast navy, would so be the only party of the practice of impressment, and that in which inade impressment. The United States the mean time the practice has gone on, and would be compelled to abstain from it, and grown into an usage, which, with all its abuses, either to submit to the British rule, with all had resistance been longer delayed, might the abuses incident to power, or to resist it. have become a law. The practice and the But, should the United States be permitted claim began together, soon after the close of to make impressment from British vessels, the our revolutionary war, aud were applicable to effect would be unequal. Great-Britain has, deserters only. They extended next, to all perhaps, thirty ships of war at sea, to one of British seamen-then to all British subjects, the United States, and would profit of the including as in the case of emigrants from Irearrangement in that proportion. Besides, land, persons who would not have been subimpressment is a practice incident to war, ject to impressment in British ports, not bein which view, likewise, the inequality ising seafaring men-and, finally, to Swedes, not less glaring, she being at least thirty years at war, to one of the United States. Other considerations prove that the British government made this acknowledgment Other views may be taken of the subject, merely as a pretext to justify its prac- to show the unlawfulness and absurdity of the tice of impressinent, without intending that British claim. If British cruisers have a right the right or practice should ever be recipro- to take British scamen from our vessels, witheated. What would be the effect of its adop-out regarding the abuses inseparable from the tion by the American ships of war, with Bri- practice, they may take from them on the tish merchant vessels. An American officer same principle, and with much greater reaboards a British merchant vessel, and claims, son, every species of property to which the as American citizens, whom he pleases. How British government has any kind of claim. many British seamen would disclaim a title, Allegiance cannot give to a sovereign a better which would take them to the United States, right to take his subjects, than ownership to and secure them there all the advantages of take his property. There would be no limit citizenship? The rule of evidence, as the to this pretension or its consequences. All ground of impressment in every instance, must property forfeited by exportation, contrary likewise be reciprocated between the two go-to the laws of Great-Britain, every article to vernments. The acknowledgement of the men would surely be a better proof of their national character, than the decision of a British officer who boarded an American vessel, however impartial he might be, and strong Ins power of discrimination, when opposed by the voluntary and solemn declaration of the party. In this way we might draw from the British service, the greater part, if not all their seamen. I might further ask, why was this acknowledgement made at this late period, for the first time only, after the declaration of

Danes, and others, known to be not British subjects, and by their protections appearing to be naturalized citizens of the United States.

which her sovereignty, jurisdiction or ownership would extend, in British vessels, would be liable to seizure in those of the United Statcs. The laws of England would be executory in them. Instead of being a part of the American, they would become a part of the British territory.

It might naturally be expected that GreatBritain would have given, by her conduct, some support to her pretensions; that if she had not disclaimed altogether the principles of naturalization, she would at least bave o

eluded from her service foreign seamen. Her try, from an enemy pre-eminent in naval exconduct however, has been altogether at vari-ploits for ages past, are among the proudest ance with her precepts. She has given great boasts of their grateful and affectionate fellow facility to naturalization in all instances where citizens. Our manufactures have taken an it could advance her interest, and peculiar astonishing growth. In short, in every cir encouragement to that of foreign seamen. She cumstance in which the war is felt, its presnaturalizes by special act of parliament. She sure tends evidently to unite our people, to naturalizes all persons who reside a certain draw out our resources, to invigorate our term of years in British colonies, all those who means, and to make us more truly an indepen are born of British subjects, in foreign domin-dent nation, and, as far as may be necessary, ions, and all seamen who have served a cer- a great inaritime power. tain short term in the British service, and would doubtless protect all such as British subjects, if required by them so to do. Her governors of neighbouring provinces, are at this time, compelling emigrants thither, from the United States, to bear arms against the United States.

If the British government accepts the mediation of Russia, with a sincere desire to re-store a good intelligence between the two countries, it may be presumed that a fair op portunity will be afforded for the arrangement of many other important interests with advantage to both parties. The adjustment to The mediation offered by Russia presents the controversy relating to impressment only, to Great-Britain, as well as to the United though very important, would leave much unStates, a fair opportunity of accommodating finished. Almost every neutral right has this controversy with honour. The interpo-been violated, and its violation persisted in, to sition of so distinguished a power, friendly to the moment that war was declared. The preboth parties, could not be declined by either,sident sincerely desires, and it is doubtless on just ground, especially by Great-Britain, for the interests of Great-Britain, to prevent between whom and Russia, there exists at the like in future. The interposition of the this time a very interesting relation. When emperor of Russia, to promote an accommo→ the British ministers are made acquainted |dation of those differences, is deemed particu→ at St. Petersburg with the conditions of which | larly auspicious. you are authorized to adjust this difference, A strong hope is, therefore, entertained. it seems as if it would be impossible for Great- that full powers will be given to the British Britain to decline them. Should she do it, commissioners, to arrange all these grounds still adhering to her former pretensions, her of controversy in a satisfactory manner. In. motive could not be misunderstood. The entering on this interesting part of your duty, ause of the United States, would thencefor-the first object which will claim your attenward become the common cause of nations. tion is, that of blockade. The violation of A concession by them would operate to the our neutral rights by illegal blockades, carridisadvantage of every other power. They ed to an enorinous extent by orders in coun-would all find in the conduct of Great-Britain cil, was a principal cause of the war. These an unequivocal determination to destroy the orders, however, and with them the blockade nights of other flags, and to usurp the abso-of May, 1808, and as is understood, all other Lute dominion of the ocean. It is to be pre-illegal blockades have been repealed, so that sumed, that the British government will find it neither for the honour or interest of GreatBritain, to push things to that extremity, but will have accepted this mediation, and have sent a minister or ministers to St. Petersburg with full powers to adjust the controversy on Bir and just conditions.

that cause of the war has been removed. All that is now expected is, that the British government will unite in a more precise definition of blockade, and in this no difficulty is anticipated; for having declared, that no blockade would be legal, which was not sup ported by an adequate force, and that the blockades which it might stitute should be supported by an adequate force, there appears to be, according to the just interpretation of these terms, no difference of opinion on the subject,

Should improper impressions have been taken of the probable consequences of the war, you will have ample means to remove them. It is certain, that from its prosecution GreatBritain can promise to herself no advantage, while she exposes herself to great expenses, The British government has recently, in and to the danger of still greater losses. The two formal acts, given definitions of blockade, people of the United States, accustomed to either of which would be satisfactory. The the indulgence of a long peace, roused by the first is to be seen in a communication front canses and progress of the war, are rapidly Mr. Merry to this department, bearing date acquiring military habits and becoming a mi- on the 12th of April, 1804. The following are litary people. Our knowledge in naval tac-the circumstances attending it. Commodore ties has increased, as has our maritime strength. Hood, the commander of a British squadroz The gallantry and success of our little navy, in the West-Indies in 1803, having declaret, have formed an epoch in naval history. The the islands of Martinique and Guadaloupe in aurels which these brave men have gained, a state of blockade without applying an adnak for themselves alone, but for their conn-quate force to maintain it, the secretary of