CHAPTER of peace, the prohibition as to negroes did not apply to VIII. any such as had been set at liberty in the course of the 1794. war under proclamations of the British commanders; and as those carried away were all of that sort, any compensation for them was refused.

found exceedingly The only adequate

The subject of impressment was difficult on more accounts than one. security to American sailors against the danger of impressment seemed to be a renunciation on the part of the British of the right to press any body from American vessels. But this the British would not agree to. The number of British sailors in the American merchant service was already large. Such a provision would greatly increase it. Obliged as she was in the present struggle to make the greatest efforts, Great Britain could not, at least would not, give up so important a resource for manning her fleet. It was maintained on the American side that naturalized citizens had the same rights with native-born Americans, and ought equally to be protected against impressment. According to the British doctrine, no man had a right to renounce his allegiance, nor could British-born sailors thus withdraw themselves from the service of their country. The claim of the Americans to an equal participation in the trade of the British West Indies was regarded by England as quite unreasonable, calling upon her, as it did, to renounce the longsettled principles of her commercial system; nor could Jay obtain any concessions on this point except under very onerous conditions.

But the matters more immediately threatening to the peace of the two countries were the disputed questions of neutral rights and the detention of the Western posts. Judging it best to arrange these points, though obliged to yield as to the others, or to leave them for future ne

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gotiation, Jay was induced to sign a treaty, defective in CHAPTER some points and objectionable in others, but the best that could be obtained.

1794.

This treaty provided for constituting three boards of Nov. 19. commissioners: one to determine the eastern boundary of the United States, by fixing on the river intended by the treaty of peace as the St. Croix; another to ascertain the amount of losses experienced by British subjects in consequence of legal impediments to the recovery of British anti-Revolutionary debts, which amount, so ascertained, was to be paid by the government of the United States; and a third to estimate the losses sustained by American citizens in consequence of irregular and illegal captures by British cruisers, for which there existed not adequate remedy in suits at law, these losses to be paid by the British government., In consideration of the arrangement of the question of British debts, the Western posts were to be surrendered on the first of June, 1796; the present residents in the neighborhood to have the option of removing or of becoming American citizens. To give both nations an equal chance of the Indian traffic, there was to be a mutual reciprocity of inland trade and intercourse between the North American territories of the two nations (including the navigation of the Mississippi), the British also to be admitted into all the American harbors, with the right to ascend all rivers to the highest port of entry. But this reciprocity did not extend to the territory of the Hudson Bay Company, nor to the admission of American vessels into the harbors of the British North American colonies, nor to the navigation of the rivers of those colonies below the highest port of entry. No objection of alienage was to interfere with the possession of land within the dominions of either power, by subjects or citizens of the other, as existing at

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CHAPTER the date of the treaty, nor with its regular descent; nor, in the event of any war or rupture, was there to be any 1794. confiscation by either party of debts, or of public or private stocks, due to or held by the citizens or subjects of the other.

These first ten articles were declared to be perpetual; the other eighteen, in the nature of a treaty of commerce and navigation, were limited to two years after the termination of the existing war.

The

They provided for the admission of American vessels into British ports in Europe and the East Indies on terms of equality with British vessels. But no stipulation could be obtained as to the East Indian coasting trade, or the trade between Europe and the British East Indies, participation in which was left to rest, as heretofore, on the contingency of British permission. right was also reserved to the British to meet, by countervailing enactments, the existing discriminations in the American tonnage and import duties. The Americans might trade to the British West Indies in vessels not exceeding seventy tons in burden; but this privilege could only be purchased by renouncing the right, during its continuance, to transport from America to Europe any of the principal colonial products. British vessels, with their cargoes, were to be admitted into American ports without any further addition to the existing discriminating duties, and on the terms of the most favored nation.

Privateers were to give bonds, with security, to respond any damages they might commit against neutrals, and, in case of the condemnation of any vessel as prize, an authenticated copy of the proceedings was to be furnished to her commander. In case of the seizure of vessels on suspicion of having enemy's property on board,

VII.

the examination was to be as speedy as possible, and the CHAPTER vessel, with the neutral part of her cargo, was to be dismissed. The list of contraband articles was to include, 1794. besides ammunition and warlike implements, all articles serving directly for the equipment of vessels, except unwrought iron and fir plank. Provisions and other articles not usually contraband, but becoming so under peculiar circumstances, if seized, were not to be confiscated, but were to be paid for at their full value. No vessel attempting to enter a blockaded port, was to be captured unless she had first been notified and turned away. Neither nation was to allow enlistments within its territory by any third nation at war with the other; nor were the citizens or subjects of either to be allowed to accept commissions from such third nation, or to enlist in its service; and, should they do so, they might be treated as pirates. Ships of war of the contracting parties were to be mutually admitted and hospitably received in the ports of the other; such ships of war, as well as privateers, upon showing their commissions, to be free, with their prizes, from any claim of search, seizure, or jurisdiction; but they were to depart as speedily as might be. Privateers of nations at war with either of the parties were not to be armed in the ports of the other, nor allowed to sell their prizes there, nor to purchase more provisions than might be necessary to carry them to the nearest port of their own nation. No shelter was to be given to armed vessels of any third nation which had made prize of vessels belonging to either contracting party, and, if forced in by stress of weather, such vessels should be compelled to depart as soon as possible; but neither this nor any other article was to interfere with the obligation of pre-existing treaties. Neither nation was to allow vessels or goods of the oth

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CHAPTER er to be captured in any of its bays, ports, or rivers, or within cannon-shot of its coast. In case of rupture or 1794. war, the citizens or subjects of either nation resident in the territories of the other were to be allowed to remain and to continue their trade, so long as they behaved peaceably. They might, however, be ordered off, in case of suspicion, on twelve months' notice, or without any notice, if detected in violations of the laws. No reprisals were to be ordered by either party till satisfaction had first been demanded. Fugitives from justice, charged with murder or forgery, were to be mutually given up.

1795

While Congress was still sitting, information had been received of the conclusion of a treaty, but the treaty itself did not arrive till several days after the end of the session. In anticipation of that event, a circular had been issued for a special session of the Senate, and that June 8. body came together accordingly. The changes in the Senate since the conclusion of the late session were, on the whole, favorable to the Federalists. In Elijah Paine of Vermont, and Humphrey Marshall of Kentucky, they had gained two additional members, the votes of those two states being now divided. Robert Morris of Pennsylvania had been superseded by William Bingham, an eminent merchant, and Ralph Izard of South Carolina. by Jacob Read, but these new members, like their predecessors, were Federalists. Trumbull, the former speaker of the House, took his seat as a senator from Connecticut. In the substitution of Timothy Bloodworth of North Carolina for Benjamin Hawkins, the Federalists might be considered as losing a vote. Virginia was represented by Stevens T. Mason and Henry Tazewell, who had taken their seats during the late session in place of Monroe and Taylor, both of whom had resigned..

June 24

After a fortnight's debate in secret session, the Senate,