25 



With respect to the 1 1th and 12th articles, his majesty's govern- 

 merit has strongly manifested its sincere disposition to the speedy 

 restoration of peace, by agreeing, under all the present circum- 

 stances, to conclude the treaty without any stipulation on the points 

 to which these articles relate. No advantage can arise from en- 

 tering into discussions, upon a successful result of which the Ame- 

 rican plenipotentiaries have stated, more than once, that they will 

 hot make the conclusion of the peace at all to depend. 



With respect to the t3th article, the indemnifications proposed 

 by it, as applied to the actual circumstances of the war, are so 

 tmprecedented and objectionable, that any further perseverance of 

 the American plenipotentiaries in requiring them, is not anticipated 

 by the undersigned : if, however, contrary to expectation, indem- 

 nifications of this kind should be required, all hope of bringing the 

 negotiations to a favourable issue must prove abortive. The un- 

 dersigned are instructed explicitly to declare, that as their go- 

 vernment makes no claim on account of losses sustained by British 

 subjects arising out of a war declared by the United States, so 

 neither can their government agree to make compensation for losseSj 

 sustained in such a war by the American people. 



The undersigned are, however, willing to agree to a stipulation 

 by which it shall be provided, that the courts of justice in each 

 country shall be open to the just demands of the respective peo- 

 ple, and that no obstruction be thrown in the way of their recovery 

 of the rights, claims, or debts, of any kind respectively due orbe- 

 ionging to them. 



With respect to the 14th article, the undersigned do not concur 

 in the necessity for any such stipulation as is there proposed. 



The undersigned think proper to add, that, with respect to par- 

 ticular alterations suggested by them in various articles of the 

 project, they are ready to enter into such explanations as may be 

 required of them, with the sincere desire of endeavouring to re- 

 concile the pretensions brought forward on the part of their re~ 

 Epective governments. 



The undersigned have forborne to insist upon the basis of uti 

 possidetis^ to the advantage of which they consider their country 

 fully entitled. But should this negotiation terminate in a way 

 contrary to their hopes and just expectations, they must protest 

 against any claim or demand being urged by the American govern- 

 ment in any future negotiation, in consequence of the facilities 

 which his majesty's government have now shown themselves wil- 

 !f ng to afford to the speedy restoration of peace. 



The undersigned avail themselves of the present opportunity to 

 jenew to the plenipotentiaries of the United States the assurances 

 oi" their high consideration. 



GAMBIER, 



HENRY GOULDBURN, 



WILLIAM ADAMS. 



iaheatj Norember 26th, 1814. 



