tack-by seamen detained-officers recalled-Ships in Harbors doing illegal things.

Grounds of prelim'. 1. Disavowal by L G. due to G. B. even if war-2. General assurance and personal conviction. Impossible for means of judging for ourselves see Mr. E. Object of procl"-precaution-not merely as to the Chesapeake.

2. Errors. 1. In supposing reparation object-which an item then only-2. Precaution vs. Chesapeake.

Disavowal due to G. B.-even if war meant-honor, interest, principle so much against her-disavowed by La Grenville -disavowal no reparation-shews a disposition only to repair -project of expl"-particulars and contemporary acts.

Mr. Rose suggests idea of his friendly return with rep' of the diffly.

J. M. reports this to P., who, on consultation on Monday,

1 The MS. of the Memorandum up to Feb. 22 is missing from the Mad. MSS. and is given here from the Works of Madison (Congressional Edition).

decides vs. this idea, and prefers informal disclosure by R. of atonement and repeal of procl" to be contemporary acts.

Tuesday, Feb.

J. M. states to Mr. R. objection to adjournment of subject to G. B., which Mr. Rose admits-and in conversation as between two private Gent" enquires whether U. S. will agree to a mutual discharge from public ships of all natural-born subjects and Citizens, it appearing to be implied that this might contribute to diminish difficulties and prepare way for something further -willing to wait for answer.

Wednesday, Feb" 3.

Idea of Cabinet that the mutual discharge not inadmissible, if extended to Merchant Vessels; considering the advantage to naturalized subjects, of being kept out of danger from being taken into the jurisdiction of their former Sovereign; and that Mr. R. be sounded as to his powers and dispositions.

Thursday, Feb” 4.

Conversation of J. M. with Mr. Rose-explained himself on the subject of Tuesday's conversation, by signifying that his suggestion was a hasty thought, and that it was most consonant to his situation to limit the enquiry to the case of deserting subjects natural born. He was told this was already provided for by the rules prescribed to our Naval Commanders. Occasion was taken to express the desire of the U. States to remove all causes of danger to the harmony, &c., as well as that exemplified in affair of Chesapeake, which was evidently of a nature not likely to recur after disavowal, &c. He did not open himself as to any thing beyond the limit to which he reduced the enquiry, acquiescing generally in the desirableness of a general adjustment, &c. The objections to the delay of seeking further instructions, &c., was dwelt on by both, and ended in a frank and direct suggestion by

J. M. to let the satisfaction, acceptance, and recall of proclamation, be executed on same day, and so as not to shew on the face of the proceeding a priority, leaving this to be assumed respectively, as might be agreeable. He, Mr. Rose, would take into consideration with best wishes, but was not sure that his instructions could bend to it. He held out the idea of exhibiting without editing the revoking proclamation, as an expedient to save him. He was told nothing would be admitted that would expose the Executive to appearance of having yielded to his preliminary; and it was remarked that Mr. Canning, if he had not supposed the Proclamation to be a retaliation, and that the aggression had been discontinued, which could not be during the detention of the men, would have approved this course at least. Mr. Rose glanced at idea of disclosing his terms, &c., through Mr. Erskine and Mr. Rob Smith. He went away under an arrangement for another interview to-morrow, 12 o'clock.

Conversation.

Feb 5th.

Mr. Rose appeared to have taken a view of the proposed contemporary signing and adjustment of the Proclamation, which required him to decline it definitely. On my restating it, he resumed the conversation, and agreed to see me in the evening at my house, in order to hold frank and informal communications and explanations.

Evening of Feb 5.

He brought Mr. Erskine with him. The conversation was free. The tenor of a suitable proclamation disclosed, and the terms he meant to offer, viz: recall of Admiral Berkley, restoration of [the?] three men; and provision for families of the killed and wounded. The idea of restoration to the same ship was stated to him, which he seemed willing to favor; also punishment of Berkley, which he said would be difficult by his co

officers, and be in the result, perhaps, an obstacle to a permanent exclusion from actual employment. Agreed to see one another at 1 o'clock to-morrow, at office of State.

Conversation.

Friday, Feb 6.

Mr. Rose starts the idea of a disavowal on our part of conduct of Agents, &c., in encouraging and not discharging deserters-natural-born subjects. This was combated as going out of the case of the Chesapeake and leading to other subjects of complaint; and particularly as justifying a demand of British disavowal of &c., &c. The difficulty, also, as to natural born, was stated, in cases of naturalization. He was reminded, too, that orders had been issued and circulated to officers against recruiting deserters, &c., which was amply sufficient. He retired under doubts as to the possibility of his satisfying his instructions without obtaining this point. Monday, Feb' 8th, appointed to meet again.

Monday, Feb 8.

Instead of the expected matter, Mr. Rose very soon introduced, as a point enjoined in his instructions, the necessity of some disavowal on the part of the U. States as to the conduct of their agents in encouraging, harbouring, and retaining, deserters, natural-born subjects of H. B. M.; as what had preceded the affair of the Chesapeake, and was but a reasonable satisfaction to his Majesty preparatory to the adjustment intended by him.

As this was a new and unlooked-for preliminary ultimatum, though it had been glanced at in a former conversation, when it was supposed to have been answered in a way putting it entirely aside, it was proposed to him to reduce it to paper, so that there might be no possible misconception, with a general intimation only that it would not be admitted into the adjustment, and that it would be impossible for the U. States to view

natural-born subjects of G. Britain, who had been naturalized here, in any other light than as American Citizens whilst within American jurisdiction. Mr. Rose agreed to see me the next day, (Tuesday, Feb' 9,) with his idea put into writing, to be informally read to me.

Tuesday, Feb 9, 1808.

Mr. Rose read from his paper, in substance, that with a view to remove impressions made by recent events on the mind of H. B. M., the U. States should disavow the conduct of their Agents in encouraging, harbouring, and not discharging natural-born deserters-a case different from not surrendering, which was not claimed.

He was reminded of the difficulty as to natural-born subjects naturalized by the U. States; that if impressions were to be removed on one side, so on the other, where they were much greater, from the course of indignities offered by British Ships in our harbours and on our coasts; that the proposal was not reciprocal in itself—a thing essential to the honor of the U. States, [here he remarked that this had not escaped him, reading a reservation to the U. States of their right to claim from G. Britain a like disavowal; to which the reply was, that there was no reciprocity between an actual disavowal and a right to ask a disavowal;] and, finally, that it could not enter into the Chesapeake business, unless other things as much connected with it were also to be admitted.

Being myself much indisposed, the conversation was soon ended, with an understanding that I would take the orders of the President, and see him as soon as convenient.

Sunday, Feb 14.

This was the earliest that I had health enough to see Mr. Rose, who was invited to call at my house for the purpose. I preferred the irregularity, both as to time and place, to a delay, which was becoming very disagreeable on all sides,