University of Virginia Library

On Article XII.

The law of nations does not exact of neutral powers the
prohibition specified in this article. On the other hand it
does not restrain them from prohibiting a trade which appears
on the face of the official papers proceeding from the custom
house to be intended to violate the law of nations, and from
which legitimate considerations of prudence may also dissuade
a Government. All that can be reasonably expected by belligerent
from neutral powers, is that their regulations on this
subject be impartial, and that their stipulations relative to
it, when made in time of war at least, should not preclude an
impartiality.

It is not certain what degree of value Great Britain may
put on this article, connected as it essentially is with the
article which limits the list of contraband. It will at
least mitigate her objection to such a limitation. With the
range given to contraband by her construction of the law of
nations, even as acquiesced in by the United States, a stipulation
of this sort would be utterly inadmissible.

The last article, in making this City, the place for exchanging
the ratifications, consults expedition in putting the

Treaty into operation, since the British ratification can be
forwarded at the same time with the instrument itself. And
it is otherwise reasonable that as the negotiation and formation
of the Treaty will have taken place at the seat of the
British Government, the concluding formality should be at
that of the Government of the United States.

In addition to these articles, which with the observations
thereon, I am charged by the President to communicate to you
as his instructions, he leaves you at liberty to insert any others
which may do no more than place British armed vessels with
their prizes on an equality within our ports and jurisdiction,
with those of France. This would only stipulate what would
probably be done by gratuitous regulations here, and as it
would no doubt be acceptable to Great Britain, it may not
only aid in reconciling her to the principal objects desired by
the United States, but may induce her to concur in the further
insertion of articles, corresponding with those in the Convention
of 1800 with France, which regulate more precisely and
more effectually the treatment of vessels of the neutral party
on the high seas.

The occasion will be proper also, for calling the attention
of the British Government to the reasonableness of permitting
American Consuls to reside in every part of her dominions,
where, and so long as, she permits our citizens to trade. It is
not denied that she has a natural right to refuse such a residence,
and that she is free by her treaty with us, to refuse it in
other than her European dominions. But the exception
authorized with respect to the residence of Consuls elsewhere,
having reference to the refusal of our trade elsewhere, the
refusal of the one ought manifestly to cease with the refusal
of the other. When our vessels and citizens are allowed to
trade to ports in the West Indies, there is the same reason
for a contemporary admission of Consuls to take care of it,
as there is for their admission in ports where the trade is
permanently allowed. There is the juster expectation of your
success on this point, as some official patronage is due to

the rights of our citizens in the prize courts established in
the West India Islands. Should the British Government be
unwilling to enter into a stipulated provision, you may perhaps
obtain an order to the Governors for the purpose: or
if consuls be objected to altogether, it is desirable that
agents may be admitted, if no where else, at least in the
Islands where the Vice Admiralty Courts are established.

It has been intimated that the articles as standing in the
different columns, are to be considered, the one as the offer
to be made, the other as the ultimatum to be required. This
is however not to be taken too strictly, it being impossible
to forsee the turns and the combinations, which may present
themselves in the course of the negotiation. The essential
objects for the United States are the suppression of impressments
and the definition of blockades. Next to these in importance,
are the reduction of the list of contraband, and
the enlargement of our neutral trade with hostile colonies.
Whilst you keep in view therefore those objects, the two
last as highly important, and the two first as absolutely
indispensable, your discretion, in which the President places
great confidence, must guide you in all that relates to the
inferior ones.

With sentiments of great respect and esteem,