QUESTION FIVE. 129 



The Secretary of State, Mr. Madison, instructed the American 

 Commissioners, after the receipt of the treaty, that it was unsatis- 

 factory, and " without a provision against impressments substantially 

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

 be concluded." 



In commenting upon the provisions of the proposed treaty, and 

 when forwarding new instructions for a continuance of negotiations, 

 Mr. Madison wrote the Commissioners : 



Should all the other belligerent nations, contrary to probability, 

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

 struction would still be applicable to their armed ships ; those unarmed 

 alone being within the additional immunity against British cruisers; 

 and the armed as well as the unarmed ships of Great Britain being 

 expressly within the additional responsibility of the United States. 



And as to Article 12: 



It is much regretted that a provision could not be obtained against 

 the practice of British cruisers, in hovering and taking stations for 

 the purpose of surprising the trade going in and out of our harbors; 

 a practice which the British Government felt to be so injurious to 



the dignity and rights of that nation, at periods when it was neutral. 



* * * 



To secure the advantage promised by this article the right of 

 search ought to be suppressed altogether, the additional space enjoy- 

 ing in this respect the same immunity as is allowed to the marine 

 league. To this object the President wishes your endeavors to be 

 directed. 



Mr. Monroe, one of the Commissioners, writing to Mr. Madison, 

 regarding Articles 12 and 19 of the proposed treaty, stated : 



It is the sole object of the twelfth article to secure to the United 

 States an accommodation by extending their jurisdiction on their 

 coast, in what concerns themselves from three to five miles. The stip- 

 ulation is unconditional as to them, but conditional as to other 

 powers, dependent upon their acknowledging the same limit. It is 

 made reciprocal by being extended to the British Dominions north- 

 ward of the United States; a circumstance which merits attention as 

 it precludes the idea that any other equivalent was expected or in- 

 tended to be given for it. It would have been extended to the Domin- 

 ions of Great Britain in Europe and elsewhere had the British Com- 

 missioners desired it; they declined it, from a fear that it might pro- 

 duce some innovation in the general doctrine of the law of nations on 

 the subject. This is, I think, fairly to be inferred from the instru- 

 ment itself. 6 



It had been proposed on behalf of the United States that the har- 

 bors and the chambers formed by headlands should be free from 

 seizures, searches, or interruptions by armed vessels. 



IT. S. Counter Case, Appendix, 100. 

 6 U. S. Counter Case, Appendix, 102. 



