100 CORRESPONDENCE, ETC., PRIOR TO TREATY OF 1818 



1. Without a provision against impressments, substantially such 

 as is contemplated in your original instructions, no treaty is to be 



concluded. 



******* 



Fifth. Articles 18 and 19. An effect of these articles is to secure to 

 British cruisers and their prizes a treatment in American ports more 

 favorable than will be permitted to those of an enemy, with a saving 

 of contrary stipulations already made, and a prohibition of any such 

 in future. As none of our treaties with the belligerent nations ( France 

 excepted) stipulate to their cruisers an equality in this respect, and 

 as there are parties to the war with whom we have no treaties, it fol- 

 lows that a discrimination is made in the midst of war between the 

 belligerent nations, which it will not be in the power of the United 

 States to redress. 



Weighty considerations would dissuade from such a deviation from 

 a strict equality towards belligerent nations, if stipulated at a time 

 least liable to objection. But it would be impossible to justify a 

 stipulation in the midst of war, substituting for an existing equality 

 an advantage to one of the belligerent parties over its adversaries; 

 and that, too, without any compensation to the neutral, shielding its 

 motive from the appearance of mere partiality. Hitherto the United 

 States have avoided, as much as possible, such embarrassments; and 

 with this view have gratuitously extended to all belligerents the privi- 

 leges stipulated to any of them. Great Britain has had the benefit of 

 this scrupulous policy ; she can, therefore, with the less reason expect 

 it to be relinquished for her benefit. 



The last paragraph of the nineteenth article establishes a just 

 principle as to the responsibility of a neutral nation, whose territory 

 has been violated by captures within its limits; but by extending the 

 principle to the two miles added to our jurisdiction by the twelfth 

 article, qualified as that addition is, it is made peculiarly important 

 that an amendment should take place. 



Passing by the failure of a reciprocity, either in the terms or the 

 probable operation of the responsibility, the United States seem to 

 be bound to claim from the enemies of Great Britain redress for a 

 hostile act, which such enemies may not have renounced their right 

 to commit within the given space; making thus the United States 

 liable to the one party, without a correspondent liability to them 

 in the other party; and, at the same time, entitling Great Britain 

 to redress for acts committed by her enemies, which she has reserved 

 to herself a right to commit against them. 



Should all the other belligerent nations, contrary to probability, 

 concur in the addition of two miles to pur jurisdiction, this con- 

 struction would still be applicable to their armed ships; those un- 

 armed alone being within the additional immunity against British 

 cruisers; and the armed as well as the unarmed ships of Great Britain 

 being expresslv within the additional responsibility of the United 

 States. 



* * ,^% * * * * 



Art. 12. It is much regretted that a provision could not be obtained 

 against the practice of British cruisers, in hovering and taking sta- 

 tions for the purpose of surprising the trade going in and out of our 

 harbors ; a practice which the British Government felt to be so inju- 



