10 



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

 hostilities, and to prevent the enciploy.nent, of the savages in war, 

 and one reciprocaUy 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 n)ade by lord Castlereagh, in 

 his note of the 29th 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 tlie 

 lights 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 agreements 



The article respecting blockades is believed to be 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 Uniled 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 11th 

 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 



