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CONVENTION between Great Britain and The United
States of America, for the Final Settlement of certain Claims of The United States, arising out of the Convention concluded at St. Petersburgh, July 12, 1822.--Signed at London, November 13, 1826.
DIFFICULTIEs having arisen in the execution of the Convention concluded at St. Petersburgh on the 12th day of July, 1822, under the mediation of His Majesty the Emperor of all the Russias, between Great Britain and the United States of America, for the purpose of carrying into effect the Decision of His Imperial Majesty upon the differences which had arisen between Great Britain and the said United States, on the true construction and meaning of the 1st Article of the Treaty of Peace and Amity, concluded at Ghent on the 24th day of December, 1814 ;–His Britannick Majesty and the said United States, being equally desirous to obviate such difficulties, have respectively named Plenipotentiaries to treat and agree respecting the same, that is to say:
His Majesty the King of the United Kingdom of Great Britain and Ireland has appointed The Right Honourable William Huskisson, a Member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations, and Treasurer of His said Majesty's Navy;—and Henry Unwin Addington, Esquire, late His Majesty's Chargé d'Affaires to the United States of America :And the President of The United States, Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to His Britannick Majesty:-who, after having communicated to each other their respective Full Powers, found to be in due and proper form, have agreed upon and concluded the following Articles :
Art. I. His Majesty the King of the United Kingdom of Great Britain and Ireland agrees to pay, and the United States of America agree to receive, for the use of the Persons entitled to indemnification and compensation, by virtue of the said Decision and Convention, the sum of 1,204,960 dollars, current money of The United States, in lieu of, and in full and complete satisfaction for, all sums claimed or claimable from Great Britain, by any Person or Persons whatsoever, under the said Decision and Convention. · II. The object of the said Convention being thus fulfilled, that Convention is hereby declared to be cancelled and annulled, save and except the 2d Article of the same, which has already been carried into execution by the Commissioners appointed under the said Convention, and save and except so much of the 3d Article of the same, as relates to the definitive List of Claims, and has already likewise been carried into execution by the said Commissioners.
III. The said 1,204,960 dollars shall be paid at Washington to such Person or Persons as shall be duly authorised, on the part of The United States, to receive the same, in two equal payments as follows:
The payment of the first half to be made 20 days after official notification shall have been made, by the Government of The United States, to His Britannick Majesty's Minister in the said United States, of the ratification of the present Convention by the President of The United States, by and with the advice and consent of the Senate thereof.
And the payment of the 2d half to be made on the 1st day of August, 1827.
IV. The above sums being taken as a full and final liquidation of all Claims whatsoever arising under the said Decision and Convention, both the final adjustment of those Claims, and the distribution of the sums so paid by Great Britain to The United States, shall be made in such manner as The United States alone shall determine: and the Government of Great Britain shall have no further concern or liability therein. • V. It is agreed that, from the date of the exchange of the ratifications of the present Convention, the joint Commission appointed under the said Convention of St. Petersburgh, of the 12th of July, 1822, shall be dissolved, and upon the dissolution thereof, all the Documents and Papers, in possession of the said Commission, relating to Claims under that Convention, shall be delivered over to such Person or Persons as shall be duly authorised, on the part of The United States, to receive the same. And the British Commissioner shall make over to such Person or Persons, so authorised, all the Documents and Papers, (or authenticated Copies of the same, where the originals cannot conveniently be made over,) relating to Claims under the said Convention, which he may have received from his Government for the use of the said Commission, conformably to the stipula. tions contained in the 3d Article of the said Convention.
VI. The present Convention shall be ratified, and the ratifications shall be exchanged in London in 6 months from this date, or sooner if possible.
In witness whereof the Plenipotentiaries aforesaid, by virtue of their respective Full Powers, have signed the same, and have affixed thereunto the Seals of their Arms.
Done at London, this 13th day of November, in the year of our Lord 1826. (L.S.) W. HUSKISSON.
(L.S.) ALBERT GALLATIN. (L.S.) H. U. ADDINGTON. - u. Ribe
, LC.--- '
CORRESPONDENCE relative to Commercial Intercourse
between The United States of America, and the British West India Colonies.- August 1826 to January 1827.*.
LIST OF PAPERS.
Page No. 1. Albert Gallatin, Esq. to Mr. Secretary Canning,
Upper Seymour Strect, 26th August, 1826. 462 No. 2. Mr. Secretary Canning to Albert Gallatin, Esq.
Foreign Office, . . Ilth September, No. 3. Albert Gallatin Esq. to Mr. Secretary Canding,
Upper Soymour Street, 22d September, No. 4. Mr. Secretary Canning to Albert Gallatin, Esq.,
Foreign Office, .. 13th November, -
Upper Seymour Street, 28th December, -
Foreign Office, 27th January, 1827. 494
No. 1.-Albert Gallatin, Esq. to Mr. Secretary Canning,
62, Upper Seymour Street, 26th August, 1826, The Undersigned, Envoy Extraordinary and Minister Plenipotentiary of The United States of America, had not seen the Order in Council of the 27th July last, on the day (the 17th instant) when he had the honour of an interview with Mr. Canning, His Majesty's Principal Secretary of State for Foreign Affairs.
Had he then been aware of the precise import of the Order in question, and of the provisions of the several Acts of Parliament to which it refers, the undersigned would have thought it his duty to make the observations, to which he now begs leave to call Mr. Canning's attention,
It appears that His Majesty's Government was vested with two distinct Authorities, applicable to the intercourse between His Majesty's Colonies and The United States.
By the 4th Section of the Act of Parliament, of the 5th July 1825, it was enacted, that the privileges granted by the law of navigation, to Foreign Ships, to trade with the British Possessions Abroad, should be limited, with respect to Countries not having Colonial Possessions, to the Vessels of such as should place the Commerce and Navigation of Great Britain, and of her possessions abroad, upon the footing of the most favoured Nation, unless His Majesty, by His Order in Council, should, in any case, deem it expedient to grant the whole, or any of such
* Presented to Parliament, February, 1827,
Privileges, to the Ships of any Foreign Country, although the said conditions should not in all respects be fulfilled by such Country.
And by two other Acts of Parliament, passed in the 4th and 5th Years of the Reign of His preseut Majesty, authority was given to levy additional or countervailing Tonnage duties on Vessels, and additional or countervailing duties of Customs on Goods imported or exported in Vessels belonging to any Foreign Country, in which higher Duties were levied on British Vessels, or on Goods imported or exported in British Vessels, than on Vessels of such Country, or on similar Goods when imported or exported in Vessels of such Country.
Both Authorities have been resorted to in the Order in Council of the 27th of July last.
On the ground that the conditions referred to in the Act of Parliament of the 5th of July 1825, having not in all respects been fulfilled by the Government of The United States, the privileges so granted to Foreign Ships cannot lawfully be enjoyed by Ships of the said States, unless specially granted by His Majesty in Council, the said privileges are again thus granted by the Order in Council, but with the express proviso that the said privileges, or, in other words, the intercourse in American Vessels between The United States and the British Colonies, shall absolutely cease on the 1st of December next, so far as respects South America, the West Indies, the Bahama Islands, Bermuda, and Newfoundland; and on some other subsequent days, so far as respects the British Possessions on the Western Coast of Africa, the Cape of Good Hope, Mauritius, Ceylon, New Holland, and Van Diemen's Land.
And, inasmuch as British Vessels, entering the Ports of The United States from the British Colonies, are charged with an additional duty of 94 cents per ton, and with an addition of 10 per cent. on the importduty payable on the same goods when imported in American Vessels, a countervailing duty, deemed equivalent in amount, is, by the Order in Council, laid, during the time that the intercourse is permitted to continue, on American Vessels, and on goods imported in American Vessels, entering the Ports of His Majesty's possessions in North and South America, and in the West Indies.
There is not, if the undersigned is rightly informed, a single act of the Government of The United States, which can, in the view taken of the subject by that of His Majesty, be considered as not fulfilling the condition contemplated by the Act of Parliament of the 5th July 1825. as not placing the Commerce and Navigation of Great Britain, and of her possessions abroad, upon the footing of the most favoured Nation, excepting only the continuance of the discriminating tonnageduty of 94 cents per ton on British Vessels, and of the addition of 10 per cent. on the ordinary duty charged on goods imported in British Vessels entering the Ports of The United States from the British Colo.
nies. Both the measures embraced by the Order in Council, the coun. tervailing duties, and the discontinuance of the intercourse, are foundert on one and the same fact--the continuance of The United States' discriminating duties. And the countervailing duty, deemed equivalent thereto, which has, by the Order in Council, been laid on American Vessels and goods imported in American Vessels entering the Ports of the British Colonies, was alone sufficient to place the British and American Vessels, employed in the intercouse between those Colonies and The United States, on the footing of the most perfect equality.
It does not belong to the undersigned to question the policy of the measures which Great Britain may think proper to adopt respecting the Trade with her Colonies. He only infers, from the Acts of Parlia: ment passed on that subject during the last 4 years, that the intercourse between The United States and the British Colonies in the West Indies, South America, and other places, to the extent authorised by those Acts, is considered by His Majesty's Government as beneficial to those Colonies, and to the British Empire at large.
With this conviction, the only inequality supposed to exist having been removed by the countervailing duty, the undersigned has been unable to discover the motive for interdicting altogether, after a short time, so far as respects the British possessions in the West Indies, South America, and several other Places, an intercourse beneficial to both parties, and which might, in conformity with the Act of Parliament, have, if deemed expedient, been indefiuitely continued with those Colonies, in the same manner as has been done, as respects the British possessions in North America. i
Wholly unable, therefore, to assign a cause for the contemplated suspeysion of the intercourse in question, the undersigned apprehends that, for the very reason that the object in view cannot be understood, it may be misconstrued. ,
Having no instructions on a contingency which was not foreseen, he can at this time only express his regret, that a measure, which cannot be viewed favourably by his Government, should have been adopted, at the moment when he came authorised to renew the negotiations on that subject, and with a well-founded hope, from the liberal tenour of his instructions, that an arrangement, founded on principles of mutual convenience to both Parties, might be concluded.
It is well known that the delay in that respect was due to causes not under the controul of The United States : principally to the state of health of Mr. King, which has ultimately deprived them of his services.
The reasons of the marked preference given by the Government of The United States to an agreement by Treaty, instead of regulations adopted by both Countries, are sufficiently obvious. It is highly important for all the Parties concerued, and essential for the security of commercial or agricultural operations, that the intercourses should be