Relations with Great Britain.


Mr. King to the Secretary of State.

mission, I concluded to abandon the negotiation, New York, July, 1803. rather than to acquiesce in the doctrine it proSir: I take the liberty to add a few miscel- posed to establish. Llaneous articles by way of supplement to my last I regret not to have been able to put this busidespatch.

ness on a satisfactory footing, knowing as I do its

very great importance to both parties; but I flatAs soon as the war appeared to me unavoidable, ter myself that I have not misjudged the interests I thought it advisable to renew the attempt to of our own country, in refusing to sanction a prini form an arrangement with the British Govern- ciple that might be productive of more extensive Il ment for the protection of our seamen: with this evils than those it was our aim to prevent. view, I had several conferences both with Lord

NEUTRAL FLAG. Hawkesbury and Mr. Addington, who avowed a es sincere disposition to do whatever might be in made during the present war to establish the rule

As it is possible that another attempt will be their power to prevent the dissatisfaction on this that free bottoms make free goods, I ought not I subject that had so frequently manifested itself to omit the communication of the following in during the late war. With very candid profes- anecdote : sious, I, however, found several objections in dis

Soon after the British armament in March past, cussing the subject with the first Lord of the Ad- Bonaparte sent his aid-de-camp-du-roi to Berlin, miralty. Lord Hawkesbury having promised to

to announce his determination to occupy Hansign any agreement upon the subjeci that I should conclude with Lord St. Vincent, 'I endeavored to over, and to close the Elbe against England, in the

event of war. The Prussian Cabinet, a thing very qualify and remove the objections he offered to rarely done, immediately despatched a courier with our project: and finally, the day before I left Lon- orders to Baron Jacobi, the Prussian Ambassador don, Lord St. Vincent consented to the following

at London, to apprize the English Government of regulations:

the views of France, to impress the dissatisfaction 1. No seaman nor seafaring person shall, upon with which Prussia had learned them, and to offer the high seas and without the jurisdiction of to protect Hanover and the North of Germany, either party, be demanded or taken out of any provided England would give her consent to the vessel belonging to the citizens or subjects of one principle that free ships should make free goods. of the parties, by the public or private armed ves The English Cabinet immediately replied, that sels or men of war belonging to, or in the navy the German Empire is bound to protect the rights of the other party ; and strict orders shall be given of its several members; that Hanover must therefor the due observance of this engagement. fore look to Germany, and not to England, for sup

2. Each party will prohibit its citizens or sub-port; and, in respect to the proposed rule that free jects from clandestinely concealing or carrying ships should make free goods, that no advantage away from the territories or colonial possessions nor service which could be named, would be sufof the other, any seamen belonging to such other ficient to engage England to give it her sanction. ports. 3. These regulations shall be in force for five of England; in the present instance, if I mistake

In any circumstances, this would be the opinion years, and no longer. On parting with his Lordship, I engaged to indirectly, from Paris.

not, the proposition was believed to have come, draw up, in the form of a convention, and send him, these articles in the course of the evening, who promised to forward them, with his approba

In a very late conversation with Mr. Addingtion, to Lord Hawkesbury. I accordingly prepared ton respecting the colony trade, he insinuated the and sent the draught to his Lordship, who sent probability that events might happen in the course me a letter in the course of the night, stating that of the present war, alluding, as I understood, to narrow seas ought to be excepted, they having would be satisfactory. As Mr. Addington meant on further reflection he was of opinion that the South America, that would enable England' to

form with us such commercial arrangements as been, as his Lordship remarked, immemorially considered to be within the dominions of Great to be obscure, I could only conjecture his meanBritain ; that with this correction he had sent the ing; and my inference was, in case of the indeproposed convention to Lord Hawkesbury, who, pendence of South America, that the colony syshis Lordship presumed, would not sign it before tem must everywhere be abandoned—an opinion he should have consulted the Judge of the High not peculiar to Mr. Addington, but one that is en

tertained by the principal members of the late Court of Admiralty, Sir William Scott. As I had supposed, from the tenor of my con

English Ministry. ferences with Lord St. Vincent, that the doctrine of mare clausum would not be revived against us When the preliminaries of the late peace were on this occasion, but that England would be con- signed, an expedition, fully prepared, was in readitent with the limited jurisdisction or dominion ness to set sail for the purpose of assisting the inover the seas adjacent to her territories, which is habitattts of the province of Carracas in throwassigned by the law of nations to other States, Iing off their obedience to Spain. Trinidad was was not a little disappointed on receiving this com- retained by England, chiefly with the view of munication ; and, after weighing well the nature furthering this revolt; and if(Spain be drawn into of the principle, and the disadvantage of its ad- the war, which she will be unable to avoid, the



Relations with Great Britain.

expedition to the Carracas will be revived. No and others; and of the motion of the Attorney probable change of the Ministry of England will General, founded on the presumption that after change this intention, for it is known to be the the decree in Barclay's suit, the regular course of opinion of the first men of the nation that the sec- an information, for the purpose of vesting the ondary object of the present war, and one that stock in the Crown, would have been dispensed must give England courage as well as resources with by the parties consenting to receive their to go on with the struggle, is the entire independ- costs, and withdraw all opposition to the funds ence of South America.

being disposed of as the Crown should direct. With perfect respect and esteem, I have the Contrary, however, to this expectation, the sohonor to be, sir, your obedient and faithful servant, licitors of Mr. Chase and Mr. Harford refused

RUFUS KING. their consent: the motion was therefore postponed

to a future day, before which I sent the two sub

joined letters to Messrs. Lyons and Collyer, the Maryland Bank Slock.

solicitors of Mr. Chase, who, in consequence Mr. King to the Secretary of State.

thereof, withdrew their opposition. Mr. Harlord LONDON, May 1. 1803.

continued to oppose; and when the motion of the Sır: According to the certificate of the Ac- Attorney General was resumed, on the 27th past

, countant General of the Court of Chancery, the however, to his doing so, he came to me with an

his solicitor again refused his consent: previous

, fund now standing in his name, and claimed by cffer to withdraw his opposition, and consent to the State of Maryland, is composed of

the motion of the Attorney General, provided I 98,518 2 9 Bank stock, worth at the

would engage to transfer to Mr. Harford ten thoupresent price of 170

167.480 120 sand pounds bank stock. This I declined doing, 15,290 17 9 5 per cent. stock at par 15,290 17 9 with the observation that, as both the late and 4,796 23 Cash in the Bank of

present Chancellor had given an opinion that England

4.796 2 3

of Maryland, the stock accrued as bona vacantia Sterling, £187,567 12 0

to the Crown ; and as I held the engagement of

the King to transfer the same to the State of Ma. It will be recollected that suits in Chanceryryland, upon its being decided that the title to the were instituted many years back against Russell same had accrued to the Crown, there was suffand other trustees of this fund

cient certainty that Maryland must ultimately, By Chase, agent of Maryland.

and in spite of all opposition, obtain possession of By Barclay and others, executors of Hanbury, the entire fund; and although it might be some for the two sums of eleven thousand pounds, and time before this could be accomplished, owing to four hundred and forty pounds bank stock, and delays which might be created, still, as the divithe accruing dividends granted to them by Mary- dends would, from time to time, be reinvested, the land in 1786.

property would, in the end, be received, together By Harford, devisee of Lord Baltimore, claim- with compensation for its detention. ing as Lord Proprietor of the Province of Mary- Could I have been certain that the representaland, and, as such, entitled to all forfeitures. tives of Buchanan and of the Ewers, or that the

Besides these persons, the Ewers, and the as- holders of a considerable sum of the Colony bills signee of Buchanan, have likewise respectively of credit, said to have been issued upon the credit claimed an indemnity for losses of real estate in of this fund, and who have petitioned the King Maryland.

to apply the same according io its original destiThe title of Maryland has been more than once nation, might not have been encouraged by the argued in the case of Barclay and others; and it settlement with Harford to pursue their opposihas appeared to be the opinion, both of the late ion, unless they also were bought off, I mighi, for and present Lord Chancellor, that the Crown is the sake of finishing a tedious business. have legally entitled to this property. My correspond- agreed with the Hanburys to give to Mr. Harford. ence with the Department of State has explained according to the respective interests of the prothe means that have been employed to effect a prietors

, a sum of money, or bank stock, to induce transfer of it to Maryland, as well as the series of him to withdraw his opposition. But, after ma disappointments which has defeated them. ture consideration of the subject, I have preferred

I have now the satisfaction to send you the copy the course which is now to be adopted. of a letter that I have received from Lord Hawkes- The suit of Barclay, and others, having been bury, in which the King engages, in the event of dismissed upon the principle that the fund must its being decided that the title to this stock has by law, accrue to the Crown, and the King haraccrued and belongs to the Crown, that the same ing given his solemn engagement to transfer the shall be transferred to the State of Maryland, to-same to Maryland as soon as it shall have been gether with the accumulations proceeding from decided that it has so accrued, it remains only tbat the re-investment of the dividends. I likewise an information be filed against all the parties hithenclose for your information copies of the instruc-erto in opposition, in order to obtain a decision tion given to the Attorney General relative to vesting the fund in the Crown; and for this purthis stock; of the decree of the Court of Chancery, pose it may be expedient that the solicitors of Mr. in the suit of Barclay and others, against Russell | Chase be instructed to assist those of the Treasu

Relations with Great Britain.


ry, and the family of Hanbury, in pressing the State of Maryland, I have to desire that


will process to a conclusion. Owing to the dispersed take such measures as may appear to you most situation of the parties, and of the angry perseve- advisable for putting the Crown in possession of rance which influences the conduct of Mr. Har- this property, in order that His Majesty may be ford, it may require some time to complete the enabled to dispose of it in such manner as he may business; but it is a satisfaction that we hitherto think proper. I am, &c.,


HAWKESBURY. have not enjoyed, that no future change in the His Majesty's ATTORNEY GENERAL. Court of Chancery, or in the Ministry, can alter the decision of the one or the precise engagement

Minutes of Decree, Lord Chancellor. of the other.

1st April, 1803. It would have given me great pleasure to have

FRIDAY, April 1, 1803. seen the close of a business that is of importance Barclay and Russell, p. quer. opens the bill. to the State of Maryland, and which has so con- P. defis. opens their answer. stantly as well as zealously engaged my atten- Cause and petition. tion; but the entanglemenis of an intricate suit P. petitioners. in Chancery. early and unfortunately thrown into Mr. Attorney General for the Solicitor of the an embarrassing situation, are reached with diffi- Treasury Hollist, p. culty by diplomatic means: there have, moreover, The petition read. been some difficulties in our way, which neither The Accountant General's certificate read. patience nor industry has hitherto been able to CUR :-Dismiss the bill, with liberty for the surmount. We may, I think, now put our oppo-parties to apply to the court on this or any other nents at defiance, as we at length stand on secure cause for a transfer of the funds standing in the ground, and with a little more patience may reckon name of the Accountant General, in trust in this with confidence upon the atiainment of our ob cause, as they shall be advised ; and no order on ject. I shall leave with the papers of the Legation the petition. such a view of the subject as I hope may enable Motion in Hanbury's cause. my successor with litile trouble io hasten the 26th April, 1803.

In Chancery.

In .conclusion of this long protracted business. With Between Samuel Chase, Esq., plaintiff, and perfect respect and esteem, I have the honor to be, James Russell and others, defendants ; between sir, your obedient and faithful servant,

David Barclay and others, plaintiffs, the said RUFUS KING. James Russell and others, defendants; and beiween Henry Harford, Esq., plaintiff

, and His MaLord Hawkesbury to Mr. King.

jesty's Attorney General and others, defendants. DOWNING STREET, April 25, 1803.

Take notice that this honorable court will be Sir: I have the honor to send you here with moved by the Attorney General, on behalf of His enclosed a copy of the instruction that has been Majesty, on Wednesday, the iwentieth day of given to His Majesty's Attorney General, relative April instant, being the first seal before next Easter to the stock claimed by the State of Maryland; term, that all parties be paid their costs of these and I have the satisfaction, by His Majesty's como suits, to be taxed by one of the masters of this mands, to state to you, for the information of your court, out of the sum of four thousand seven hunGovernment, that in the event of its being decided dred and vinety-six pounds two shillings and that the title to this stock has accrued, and belongs Accountant General of this court, in trust in the

three pence cash, in the bank, in the name of the to His Ma jesty, His Majesty will cause the same to be transferred to the State of Maryland, togeth- cause, Chase against Russell ; and that, after the er with the accumulations which shall have ac- payment of such costs, the Accountant General of crued from the reinvestment of the dividends; this court may transfer the several sums of nineand measures to enable His Majesty to fulfil his ty-eight thousand five hundred and eighteen intention to this purpose, shall be adopted with as

pounds two shillings and nine pence bank stock, little delay as shall be consistent with a due ob- the sum of eight thousand three hundred and servance of the forms with which it may be re

fourteen pounds, sixteen shillings and one penny quisite to comply:

five per cent. annuities, 1797, and the sum of six I flatter myself, sir, that this communication thousand pine hundred and seventy-six pounds will be regarded by your Government as a new

one shilling and eighi pence, bank navy five per proof of His Majesty's disposition to consult and cent. annuities, also standing in his name in trust promote the interests of the United States; and I in the same cause, and may pay the residue of the avail myself of this occasion to renew to you the said sum of four thousand seven hundred and assurances of the high consideration with which ninety-six pounds two shillings and three pence, I have the honor to be, sir, your most obedient, cash in the bank; and, also, such future dividends


on the said several stocks, as shall accrue thereon respectively, until such transfer thereof unto such

person or persons as His Majesty shall, by warLord Hawkesbury to Mr. Perceval.

rant, under his Royal sign manual, nominate and Downing STREET, Dec. 15, 1802. appoint. Dated 18th April, 1803. Sir: As I understand that a cause has long

JOS. WHITE, been depending in the Court of Chancery, rela

Solicitor for the Attorney General. tive to a sum of money which is claimed by the I To Messrs. Wadeson, Barlow, & GROSVENOR.

humble servant,

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France and Spain, Louisiana.

Mr. King to Messrs. Lyon and Collyer. relating to them, as may assist in deciding whe-
GREAT CUMBERLAND PLACE, ther you will advise and consent to their ratifi-

April 22, 1803. cation.
Gentlemen: Having reason to be satisfied, in

The ratification of the First Consul of France the event of its being decided that the title to the is in the hands of his Chargé des Affaires here, stock of the Bank of England, claimed by the to be exchanged for that of the United States State of Maryland, has accrued and belongs to the whensoever, before the 30th instant, it shall be in Crown, that the same will be transferred to the readiness.

TH, JEFFERSON. State of Maryland, (in which case I am author- OCTOBER 17, 1803. ized to transfer to Mr. Chase the portion thereof to which he may be entitled,) I am of opinion to the Senate and House of that you will promote the interests of the Siate of Representatives of the United States : Maryland and of Mr. Chase, by giving no opposi

In my communication to you of the 17th intion concerning this stock, proposed by the Attor- stant, I informed you that conventions had been

entered into with the Government of France, for ney General. I am, gentlemen, your obedient servant,

the cession of Louisiana to the United States; RUFUS KING.

these, with the advice and consent of the Senate, having now been ratified, and my ratification

exchanged for that of the First Consul of France Mr. King to Messrs. Lyon and Collyer.

in due form, they are communicated to you for GREAT CUMBERLAND Place, consideration in your Legislative capacity. You April 26, 1803.

will observe, that some important conditions canGENTLEMEN : Since the appointment of Mr. not be carried into execution but with the aid of Chase as agent of Maryland for the recovery of the Legislature; and that time presses a decision the bank stock claimed by that State, the business on them without delay. has been committed by the State of Maryland to The ulterior provisions, also suggested in the me, as the Minister of the United States in this communication, for the occupation and governcountry; and, in virtue of this authority, I took ment of the country, will call for early attention. the liberty to send you my letter of the 22d inst. Such information relative to its government, as Perceiving that you have some hesitation in com- time and distance have permiited me to obtain, plying with the tenor of that communication, on will be ready to be laid before you within a few the score that it is not sufficiently explicit and days; but as permanent arrangements for this directory; in behalf of the State of Maryland object may require time and deliberation, it is for and Mr. Chase, I hereby request and direct you to your consideration whether you will not forthgive your consent to the motion made in the with make such temporary provisions for the Court of Chancery by the Attorney General, or preservation, in the mean while, of order and tranto any other motion or process having for its ob- quillity in the county, as the case may require. ject a transfer of the stock in question, to such

THOMAS JEFFERSON. person as the King, under his sign manual, may October 21, 1803. nominate and appoint.

With great respect, I remain gentlemen, your Treaty between the United States of America and the obedient servant, RUFUS KING.

French Republic. The President of the United States of America, and the First Consul of the French Republic, in

the name of the French people, desiring to remove FRANCE AND SPAIN-LOUISIANA.

all source of misunderstanding, relative to objects [Communicated to the Senate, October 17, 1803, and to the Senate and House of Representatives, Octo

Letter from Messrs. Livingston and Monroe, of May ber 21, 1803.]

13 and May 16, 1803.

Letter from Messrs. Livingston and Monroe, June 7, Gentlemen of the Senate :

1803. In my Message of this day to both Houses of Extract of a letter from Secretary of State, of July Congress, I explained the circumstances which 2, 1803. had led to the conclusion of conventions with Extract from Mr. Monroe, at London, August 15, France for the cession of the Province of Louisi- | 1803. ana to the United States. Those conventions are Extract from Mr. D’Yrujo to the Secretary of State, now laid before you, with such communications* September 4, 1803, and September 27, 1803.

Extract from Mr. Madison to Mr. Livingston, OctoThe communications transmitted to the Senate, ber 6, 1803.

Letter from the Secretary of State to M. D’Yrujo, The instructions of March 2, 1803.

October 4, 1803. The instructions of April 18, 1803.

Letter from M. D’Yrujo to the Secretary of State, Extract from Mr. King to the Secretary of State, | October 12, 1803. April 28, 1803; and to Messrs. Livingston and Mon- Letter from the Secretary of State to D'Yrujo, Octo roe, 7th May, 1803.

ber 12, 1803. Extract from Mr. Cevallos to Mr. Pinckney, May 4, Mr. Pichon to the Secretary of State, October 14, 1803.



France and Spain--Louisiana. of discussion mentioned in the second and fifth to the principles of the Federal Constitution, to articles of the Convention of (the 8th Vende. the enjoyment of all the rights, advantages, and miaire, an 9,) September 30, 1800, relative to immunities, of citizens of the United States; and, the rights claimed by the United States, in virtue in the mean time, they shall be maintained and of the Treaty concluded at Madrid, the 27th Oc- protected in the free enjoyment of their liberty, tober, 1795, between His Catholic Majesty and property, and the religion which they profess. the said United States, and willing to strengthen Art. 4. There shall be sent by the Governthe union and friendship, which at the time of ment of France a Commissary to Louisiana, to the said Convention was happily re-established the end that he do every act necessary, as well to between the two nations, have respectively named receive from the officers of His Catholic Majesty their Plenipotentiaries, to wit: The President of the said country and its dependencies in the name the United States of America, by and with the of the French Republic, if it has not been already advice and consent of the Senate of the said done, as to transmit it, in the name of the French States, Robert R. Livingston, Minister Plenipo- Republic, to the Commissary or agent of the Unitentiary of the United States, and James Monroe, ted States. Minister Plenipotentiary and Envoy Extraordi- Art 5. Immediately after the ratification of the nary of the said States, near the Government of the present creaty by the President of the United French Republic; and the First Consul, in the States, and in case that of the First Consul shall name of the French people, the French citizen have been previously obtained, the Commissary Barbe Marbois, Minister of the Public Treasury, of the French Republic shall remit all the milwho, after having respectively exchanged their itary posts of New Orleans, and other parts of full powers, have agreed to the following articles: the ceded territory, to the Commissary or Com

Art. 1. Whereas, by the article the third of missaries named by the President to take possesthe Treaty concluded at St. Ildefonso, (the 9th sion; the troops, whether of France or Spain, Vendemiaire, an 9.) October 1, 1800, between the who may be there, shall cease to occupy any milFirst Consul of the French Republic and His itary post from the time of taking possession, Catholic Majesty, it was agreed as follows: His and shall be embarked as soon as possible in the Catholic Majesty promises and engages on his course of three months after the ratification of this part to cede to the French Republic, six months treaty. after the full and entire execution of the condi- Art. 6. The United States promise to execute tions and stipulations herein, relative to his Royal such treaties and articles as may have been agreed Highness the Duke of Parma, the Colony or Pro- between Spain and the tribes and nations of Invince of Louisiana, with the same extent thatit now dians, until

, by mutual consent of the United has in the hands of Spain, and that it had when States and the said tribes or nations, other suitFrance possessed it; and such as it should be after able articles shall have been agreed upon. the treaties subsequently entered into between Art. 7. As it is reciprocally advantageous to Spain and other States: And whereas, in pur- the commerce of France and the United States, suance of the Treaty, particularly of the third ar to encourage the communication of both nations, ticle, the French Republic has an incontestable for a limited time, in the country ceded by the title to the domain and to the possession of the present treaty, until general arrangements relasaid territory, the First Consul of the French tive to the commerce of both nations may be Republic, desiring to give to the United States a agreed on, it has been agreed between the constrong proof of friendship, doth hereby cede to the tracting parties, that the French ships coming disaid United States, in the name of the French rectly from France or any of her Colonies, loaded Republic, for ever and in full sovereignty, the only with the produce or manufactures of France said territory, with all its rights and appurtenances, or her said Colonies, and the ships of Spain comas fully and in the same manner as they mighi ing directly Spain or any of her Colonies, have been acquired by the French Republic, in loaded only with the produce or manufactures of value of the above-mentioned treaty, concluded Spain or her Colonies, shall be admitted during with His Catholic Majesty.

the space of twelve years in the port of New OrArt. 2. In the cession made by the preceding leans, and in all other legal ports of entry within article, are included the adjacent islands belonging the ceded territory, in the same manner as the to Louisiana, all public lots and squares, vacant ships of the United States coming directly from lands, and all public buildings, fortifications, bar- France or Spain, or any of their Colonies, withracks, and other edifices, which are not private out being subject to any other or greater duty on properly. The archives, papers, and documents, the merchandise, or other or greater tonnage than relative to the domain and sovereignty of Louisi- those paid by the citizens of the United States. ana and its dependencies, will be left in the pos- During the space of time above-mentioned, no session of the Commissaries of the United States, other nation shall have a right to the same priviand copies will be afterwards given in due form leges in the ports of the ceded territory: The to the magistrates and municipal officers, of such iwelve years shall commence three months after of the said papers and documents as may be neces- the exchange of ratifications, if it shall take place sary to them.

in France, or three months after it shall have been Art. 3. The inhabitants of the ceded territory notified ai Paris to the French Government, if it shall be incorporated in the Union of the United I shall take place in the United States; it is

, howState, and admitted as soon as possible, according ever, well understood, that the object of the above

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