Page:United States Statutes at Large Volume 18 Part 2c.djvu/292

 GREAT BRITAIN, 1802. 285 on the seas near our shora, and to recover and restore tho same to tho right owners when taken from them. If all the means in our power are used, and fail in their cdect we are not bound by our treaties with those nations to make compensation. , Though we have no similar treaty with Great Britain, it was the opinion of the President that we should use towards that nation the same rule which, under this article, wss to govern us with the other nations; and even to extend it to captures made on the hxigh seas and brought into our ports, if done by vessels which had been armed within t em. . Having, for particular reasons, forbore to use all the means in our power for the res~ titntion of the three vessels mentioned in my letter of August 7th, tho President thought it incumbent on the United States to make compensation for them ; and though nothing was said in that letter of other vessels taken under like circumstances, and brought in after the 5th of June, and before the date of that letter, yet when the same forbearance had taken place, it was and ishisopinion that compensation would be equally due. As to prizes made under the same circumstances, and brought in after the date of that letter, the President determined that all the means in our power should be used for their restitution. If these fail, as we should not be bound by our treatiesto make compensation to the other powers in the analogous case, he did not mean to give an opinion that it ought to be done to Great Britain. But still, if any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the President would think compensation equally incumbent on the United States. Instructions are given to the Governors of the different States to use all the means in their power for restoring prizes of this last description found within their ports. Though they will, of course, take measures to be informed of them, and the General Government has given them the aid of the cnstom—house officers for this purpose, yet you willbe sensible of the importance of multiplyiu the channels of theirinformation as far as shall depend on yourseli or any person undger your direction, in order that the Governors may use tho means in their power for making restitution. Without knowledge of the capture they cannot restore it. It will always be best to give the notice to them directly; but any information which you shall be pleased to send to me, also, at any time, shall be forwarded to· them as quickly as distance will rruit. p°Hence you will perceive, sir, that the President contemplates restitution or compensation in the case before the 7th of August; and after that date, restitution if it can be edected by any means in our power. And that it will be important that you should substantiate the fact that such prizes are in our ports or waters. Your list of the privateers illicitly armed in our ports is, I believe, correct. With respect to losses by detention, waste, spoliation sustained by vessels taken as before mentioned, between the dates of June 5th and August 7th, it is proposed as a provisional measure that the Collector of the Customs of the district, and the British Consul, or any other person you please, shall appoint persons to establish tho value of the vessel and cargo at the time of her capture and of her arrival in tho port into which she is brought, according to their value in that port. It' this shall beagreeablo to you, and you will be pleased to signify it to me, with the names of the prizes understoodto be of this description, instructions will be given accordingly to the Collector of the Customs where the respective vessels sre. I have the honor to be, doc., TH: JEFFERSON. Gm: Hnmorrn, Esq. GREAT BRITAIN, 1802. ADDITIONAL CONVENTION TO TREATY OF AMITY, COMMERCE, AND NAVI— January 8, 1g0g_ GATION, OF NOVEMBER 19, 1794, BETWEEN HIS BRITANIC MAJ ESTY AND s;_. THE UNITED STATES OF- AMERICA, CONCLUDED A'I‘ LONDON, JANUARY B, 1802; RATIFICATION ADVISED BY SENATE APRIL 26, 1802; RATIFIED BY PRESIDENT APRIL 27, 1802; RATIFICATIONS EXCHANGED AT LONDON JULY 15, 1802. ' Difficulties having arisen in the execution of the sixth article of the [SB., A,,;,;,,,, v; treaty of amity, commerce, and navigation, concluded at London on the and VII, treaty of fourth day of November, one thousand seven hundred and ninety-four, i794»PP·?72·»?74-l between His Britaunic Majesty and the United States ot America, and in consequence thereof the proceedings of the Commissioners under the _Co¤tructiug par- Seventh article of the same treaty having been suspended, the parties *¤>¤· to the said treaty being equally desirous, as for as may be, to obviate such didiculties, have respectively named Plempotentiaries to treat and