16 



their former suggestion, they offer another, intended to restrain the 

 hostilities, and to prevent the employment, of the savages in war, 

 and one reciprocally granting a general amnesty. 



The only other subjects which have been presented by the un 

 dersigned as suitable for discussion, were those respecting seamen, 

 blockade, and indemnities. 



Keeping in view the declaration made by lord Castlercagh, in 

 his note ofthe^Qth of August, 1812, to Mr- Russell, and in his let 

 ter of the 4th November, 1813, to Mr. Monroe, the undersigned 

 propose only a temporary article, intended, without affecting the 

 rights or pretensions of either country, to attempt to accomplish, 

 by means less liable to vexation, the object for which impressment 

 has hitherto been thought necessary by Great Britain. The pro 

 posed agreement being purely conditional, and limited in duration, 

 each party will be bound only so far, and so long, as the other shall 

 fulfil its conditions ; and at the end of the term fixed for the dura 

 tion of the article, or whenever either party may fail to perform 

 his engagement, the rights of both will be as valid and entire as 

 they were before the agreement. 



The article respecting blockades is believed to he in perfect con 

 formity with the principles of the law of nations, as acknowledged 

 by both nations. The definition is borrowed from the treaty of 

 1801, between Great Britain and Russia, and the residue of the 

 article from the unratified treaty of 1806, between Great Britain 

 and the United States. 



That relating to indemnities, consists of two parts : the first for 

 irregular seizures, captures, and condemnations of American pro 

 perty, contrary to the established laws and usages of nations, pre 

 vious to the commencement of the war ; and the second for similar 

 irregularities committed during the war. and contrary to the known 

 and established usages of war, between civilized nations. The 

 cases of the first apply exclusively to claims of the citizens of the 

 United States, because, the causes of such claims were then con 

 fined, by the relative situation of the parties, to one side. It is pre 

 sumed, that the British government will itself be sensible of the 

 justice of making indemnity for injuries committed by its officers, 

 in violation of principles avowed and recognised by itself; particu 

 larly in the letter from lord Hawkesbury to Mr. King, of llth 

 April, 1801, and in that from Mr. Merry to Mr. Madison, of 12th 

 April, 1804 ; and that the same justice will be admitted, in cases 

 where the territorial jurisdiction of the United States was violated, 

 and where the injury was occasioned by the retrospective effects 

 of the British Orders in Council, of June, 1803, as to the return 

 from the contraband voyages, and of the Orders in Council of Ja 

 nuary 7, 1807. 



With regard to the Orders in Council, of November, 1807, and 

 of April, 1809, the undersigned will observe, that these having 

 been issued solely on the ground of retaliation against France, and 

 their object having altogether ceased, it is just to indemnify the 



