"voJxvT " i : ' . ' '" v FRIDAY, QCTO BE R 28, 1814, ' '. " " 1 -'vV
j irusfifijhn, Oct. 17.
THE INSTRUCTIONS.
.u &xcte or.,1 Pause nrpresmtttivei f
1 the Uitt
tcrn tra-rait Corgiij copies .of tbc
w'!Kmto ihcjHp;eti'ics or th.
v.ej ch.rpl with gotiUto; a
ri 9h Orrnt Hnt.in, is rt fcrred to i
?-"6 j JAMFiSMADISON
y. Vo.-rf, Sfcrclf. y of State, to the PIf ni-1
ct irics the, Uaietl ststei, for ireau
i?r' ti-ut f Stte, ItyrX 15, 1813. j
Glmlemen I tu I the hoivir on
uiL. tortctiu: from M'. A-
t- 5(Xh Septcmbrr sinil the other
ca e iTib Oct.t?cr Uit, comma-j
rkitia the overiurc the Kmptr-'
ror cf Kussa to prumor p are b hi j
(aJiv cr.cdi ,uiio beivtecn the Unit-
ciSutcsaiid Great Bruain. On the '
i:y fj!;osric?, Mr. ljc.kuff, thej
Bissiia Minister, miue a similar
CC233VJC! cation to thi riepitmcnt.r
The subject, his, io cnnnequence;,i
bctsdulr crcsrdlrtd, end I b e now
U aiie knoun to Tu .the- result.
lae mssacnt n&s m t nesiiatcu to j
iepttheineJiAtiooof Haiu and he j
cj;: the desi.'ep etictt. It is cot
iacwa that Great lintato ha? a crded
nine rropositioc, but ii is presumed !
tht she wi:I not decline it Thi P c
lidrat thought it impropc (o-post-,"
ccce ci$ cecisico, until ne snnuiu
heircf tfutofthe Br(ti5b G vno
xtzt. Smctrelj desirous of peace,
b bs been willing to'avtl hiinrH ,
ci every opportunity wnirn m gnt
trsd ta promote, it, on Just ami b(nrj-
r j. n t , t , I
nx-teach hods, and to arceptiog tm
cvtrture he hai been pjhicu Jir'v gra
tUi to evio'e by the nj nuet ol it.
de distiacuisht d cor.sidcrati n wbicn
tieUciud States en;rt3rn for the
Ktrpcor Alexander. S'-oud the
BHash gewrnment sccrpr the mitd;-
fiicc, the Degociation to whub.it
lejJs wij be held at St. Pctersbu;g.
Tfcr Presided cemn.itJ it to voa. for
fhicha coavnission is en 1 .s.i, nd'
UhaapTx:nu.di3h. riirrii Stcieta.
.tycfthe mtssijti. j
The tmnre?:raent oC our seamen
ad iUcga! bio- ledes, aes exemprific-i
care pmi.ubriy in the aiders ir
tewcil, were the pftnocle ausus of;
r. Hud ror HrAt HrW .i n-r !
fcvered obstinately tn te vi6lation of
se;mporunt fights, the wurv uld
hve been declared.) ItwiMcej e
S0Cn as these i-inhtt irr rni-rtriil
proposition In-de bv Mr. Hus- II
tfhe British Governrteut immKli-l
.Fater the rar,and the answer gi.
fotr this drr.rtmttt to Admiiai
rtarrfes kucr since, shew the
Scrd nn which the United Statci'
winicg to adjust the controvcr
7 rciauve to irapteasoint.
Tn?s hs been further rvin. rd hr a
pr-. ilc -nnuilttc or rurnin
uv. a
L.mcinf Hi nr,-t.f n
..tuuan actol Ucogtes pas-cd
r sequence fof that icpnrt By
dcmi you will see that to
mcdate this important differ-j
tT'r Uwlco Sl-tr$ are dispoMrd
c!ude British searien akogrther
the American servit.r. This
cUectuaHy tlor.e.the British go-
r.w . c co prctcxi lor tne
PJfe. H07t be d-nc I By
ntstobetmreabv.cach nu
lathetururaiTt; , fu
?f u ",aiunile.trie seamen
a ! rv l? Prohibited, & ea, h
- cirorn its serv c the ntivn
15 aowed to natmW a
J ' ,Rltn-,he Vni4 SbUs h..oId
Tf 11" it ii d'e-
imHhV:!,r-.?Mv'' native
plicae cnizroi ftom iK.
r--1 vir . . 1 1 w ii
" --,ne. or be h-mnA
- u- i .
eettfiints that
np oiacr uoes. 1 he Preiflent i H
willing to agree to either alternator
and to carry it into effect hv the mo I
I eligiblq rcguUiions that can be devis-
If th? first alternative it adopted,
ne extent ot the proposed exclusion
will depend on the impediments to
naturalization, on ihe elEcacy of th
regulations to preyeot imposition,
and the fidelity of t'-.eir execution.
Tnc i:re.Uer the d fS'uhy in a. qur'rig
the right of citizenship, the. easier will
it be to av 4d imposition, and the
more omplete tne desired exclusion
The Uxv of, the last session of Con
gress relative to seamen proves how
sincerely' desirous the Legislative a
well as Executive branch of our Go
vern . nt, is to adjust this contro
vtrsy on coniiti')os. which may be
satisfactory to Great Britain. By
that law it is uiade ir.dispjnsable for
evtrv British subject who ms bee
after become a citizen, to reside five
years wihout intermisson within the
United Smus, and so m nv euards
are imposed V prevent frauds, that
it seem to be itnp" Me that. the
should br elu ? d. No British -ubject
can be employed in a public or pri
ate nhip ol the United States, un
less he produces to the commander
in jne imuoce, and to the collector
in the other, a certified cop of the
iCt b "which he became naturalized.
A list W the new, in the case of a
vivatesto. must be taken, certified
and rectirded bv the collector- and
tr e consuls or commcrial agents ot
-w
, un at o-it .m U4V object to any tea
j men, and attend the investigation.
Trie commander of a public ship re
! ceivinga person not duly, qualified
s all forfeit u thousand dollars, and
! the commander or owner of a private
snip, Knowing tnereof, nve nundred
dol
to be r ci)Vt red in an action
, crdebt ; jnehalf t ? theiaformtr antl
nc had to the Unitel Slates. It is
also m-jde penal, punishable as a felo
ny by imprison n. ni and labor from
thicc t five years, or by fine, from 5
hundred to one thousand dollar, f ji
anv rcrs'n to forge or counterfeit, or
to pass, or u-e any forged or c uo
te.ft ited certificate of citizcaship, or
to fccllor dispose of one.
It may flirty be presumed that if
this law should be carrii d intoefTect,
it w uld exclude all British seamen
rom ou servlre.
Br requiring five rears continued
residence in the United Statet, as
the conditio l of citizenship, few if
any British seamen wonld ever' t-jkt
advantage of it. Such as had left G.
Britain, and haa resided five yea's to
this country, would be likely to aban:
d n the sea forever. Ad by making
it the duty of the commanders of our
public, nd of the collectors, in the
case of private ships, to require an
ibmenticattd copy from the deik of
the court, before which a British sub
ject, wno oiTered his servKC, had been
naturalized, as indispensable to his
adm'ssion, and h'ghly p-nal in enh.r
to take a person not dulK qua ified
and by allowing also British agents
to object to any one offering his ser
vice,". and, to prosecute by suit' the
c-mm?ndeV or collector, as the. case
might befor receiving an improper
person; it seems to be impossible that
such should be received. , '
If the second alternative is adopted;
that is, if ail native British subjects
are to be hercufur excluded from our
set vice, it is important that the stipu
lation providing for it should operate
so as. not to aff:ct those who h?ve!
bcen'valrcady naturalized -V By our
hvf aljjhc tights of natives? are fiiveii
to naturalized citizenslt is contend
ed by some that these complete rights
do not, extend beyond thie limits. of
the United States ; that in naturalis
ing a foreigner, no-state can7aVsolve
him from the ; obligation, whi h he
owes to hia former govcrmj nt, and
that he becomes a citizen" m a. qualified-
sene only. Thia 'dpctrine if
true t:; any.case, is less applicable to
the United Slates than to any, other
powrr. s expatriation Beemn io oe a
natural nght. andby tho original cha
rarter of our institutions, founded by
om pact, on principles, and particular
v.by'thc unqualified investment of
the adopted ' cit zen with the j fu !
'lghts of the n itive, all that the Unit
ed States coulcj d, to place, him n
he same footing, has been done. In
0 int of interest, the object is of fittle
mportance to either party. i he
number to be affscted by the stipula
tion is inconsiderable ;-nor can that
be a caue of surprise, when the xha-
racier or ini ciass or , men is consi
dered. It rareh happens that a sea
man who settles on a farm, or engages
in a trade, and pursuses it for any
length of ;irae returns, to sea. His
youthful days are exhausted in his
iirst occii ation. H: leaves it with
reqtet, and adopts another, either in
consequence ol marriage, of disease,
orys an jay.lum for-sge.
To' a stipjl uion whi h shall ope
rate proipe- tively only, the s me
jection loo not applv. In n turaliz
ing lorcign-rs, the United States m y
prescribe the limit to which th ir pri
vtlcgcs shall extend. If it U made a
condition that no native British sub
ject, who may hereafter become a ci-
tit l ' '
uzen, snait oe employed in our pub
lic or private ships, their xcluVion
will violate no right." Those who
might become citizens, afterward1-
wouM acquire the right; subject to
tnnt condition, and would be bound
by it. To such a stipulation the Pre
sident is wi ling to assent, although
he would much prefer the alternative
of rest aiots on naturalization ; and
t6 prevent frauds and to carry the
same fu.lv into effect, you are author
ised to apply all the restraints and
checks, with the necessary modifica
tions, to suit the case, that are provid
ed in the act above recited, relative
to seamen, for the purposes of that
act.
In requiring that the stipulation to
exclude British seamen from our ser
vice, with the regulations for carrying
it into. t fleet, be mide leciproc'al ; the
President desires thn you mike a
provtai.m, au.horlzing the United
: States, if they should, be so f'i-posed,
; to dispense wi h the obligations irr
josed bv.it on American it.zcns. -
The liberal spint of our Government j
I and laws is urifriendlv to rcstrainti on
j our citizens, FUch at ler.st us' are im
i psed on, .British suhjerts fr )m;b
i coming members of other societies.
J This has bceb h? wn iu . the law o!
the l ist session relative to cimen to
which your , particular attention has j
been aJready drawn. 1 in provision
may bkewise be reciprocated if de
sired. ; .i
The President is not particular?)'
solicitous that cither of these alterna
tiven (making the prop )3 d reserva
tion jn cae the-; latter be) should by
preferred. . To secure the United
States against impressment he ia wil
ling t ; adopt eitherl He expects in
return that a clear and distinct p ovi
sion shall be 'made fagai hst the prac
tice. The precise form in which" it
may be dore is not insisted on, pirovi
ded the imporj is explicit. ( All that
is required Js, that in consideration
of the actti be performed on the part
6f thelUnited States, the BHtish'Go
y rrnment shall stipulate in some 'ade-l
quate manner, to terminate ,or j tpr
bear the practice of; impressment
from American vessels. .
It hai been suggested as an expe
d'ent mode for the adjustment of thi?
controversy that Bntish cruisers
should haveii 'right' to search ourves
sels for British seamen, but thjt.'the
Commanders thereof should be! sub
jected to penalties, in case they mcfle
mistakes, andtookfrpm' them; Amte
rican citizen; By this' the British
Government I would acquire the right
of, search for seamen,3 with that,qfim
pressing from ourVesscls the subject
of all other Powers. f it will jEtot? Js .
ca'peyqur.nttentiobth
tne ngni, lnvwy. bjvs
principleV and leavti the do- open to
every kind of abuse. The same objection-is
applicable to any ancV'evcry
other arrangemrnt? which, withholds
thn resnect due to our flac by nbtv a!
j lowing it to 'protect the crew sailinrr
undent ,;:--Vi':v;.f
t If the first alternative should be a
dopted it will fol oV that hone jof the
British seimen who ' mav be in. the
United St3e3 at the time the Trean
f akes effect, and who shall not become
citizens, will be admitted ' into our
servicf, until they acquire that righ'. i
If the second-is adopted, the num
ber vj native British seamen, who
have been naturalized, and wilt be ad
missibletntq our serVice, widvnot. it
is btlie.ved, execed a sfew huodrtd,
all others who may be in the Unite
Stated at the, time the treaty takes ef
feet, or who. may arrive afterwards,
will be excluded.
As a neces?ary incident in an ad
justment on therprincip'e of either al-
ricao seamen, who have been irrV-
j pressed,' will be discharged, and tha
tnose wno nu'e been nacuraiizedvun
ler the B irinh laws,. by compulsive
service, will be permitted to with
draw; . .
I have to repeat that the great ofy
j ct which you have to secure, in re'
gard to impressment, is, that our fiag
shiU protect the crfcw, and providing
for this in a satisfactory monir, thai
you are authorized to secure Great
Britain effectually against ihe emplo4
merit of her seam-ru in the service of
the United States. This it isbe-
In-ved would be done by tne adoption,
of either of the abt.yr altern.ati ves,anr4
the application to .that ..which may' be I
adopted, of the .'checks contained ic
the law, of the last session relative to
seamen, in aid of which it will al
ways be in the power of G. B. to
make regulations operating in feerown
ports, with a view to the ame effect
To terminate, however, this control
vcrsy in a manner satisfactory to botb
psrliefsjUie President l willing,! houM
other checks be suggested as likely to
be more effectu d, consistent with the
spirit of oiir constitution, that you
should adopt them, fht siwn-Uf
ture of rhe first alternative whi. h aii
;.honzes ths na.vu lization of seanienf,
requires tri'ir conti ued residence in
the United . States for five years, as
'indispensable to the Attainment of than
right. In -case this aitrrnativejbe a
dopte.d, the President is willing fvr
example, to secure a compfi mce with
tint condition, to mke it the duty of
of each alien, who may be desiroiis to
become a. citizen, to appear; in court
viy yea: for the term of five years,
till his right shall be completed. . This
xample is given, rot 23 a limitation,
but an illustration of;ycur power ; far
the exciudoh of British seajnen from
our service, no repugnance' is felt.--To
uch exclusion the amicable ad
justment'of this corjtrovrsy with. G,
Britain affords a strong niotiye, but
not the only one., It is a groivfng sen
timent in the United States, that they
oucht to depend on their own popula
tion,' for the, supply of their ships of
war and merchant service; experience
I has she wn th t it Is an abundant rei-'
sourcel In expressing this sentiment
you .will do it in a manner , to inspire
more fudv a confidence, thatr the , ar-;
rafjge'mcnt which you may enter iuto
will be carried faithfnlly into effect.
without derogatiogi however, from1
the conciliatory ijirit of the accom
modation., .' .
A strong, desire has heretofore
been; expressed by the British gov
erpnent to obtain of the p. States an
arrangement to prevent the desertion
oi pruisn seamen, wnen in.uur jfw v,
and it canrior beioubted, that asti
pulayqn. to that effccrwould be high
ly satisfactory, as well ?s-aeful to
G Britain.- It 14 fairly to be pre
sumexVnt i alone wpidd affordto
the British government a ftrcng in.
Huccment to enter inld a satJsfictory
aTranmenrofe
iog to i mpress menr. v: a n cjiu is
not iaidmissibleff espe
U:Staies have a reci prbcalinerest
in the tcstoratidnjof dtsertersfrom
imerican vessel oruir -
You may therefore agree to an arti-
' le. such asv hath bcen heretofore ao-
thorizdby theU.; Sta,4 which tliatl U
rrvake it the qntj of each
liverlhem-pp. ' ''M
patty to der-
-1, .,- - .-i- s ;
Of the ft&ht of tq;rited res,
jo be exempt ed om thederdin
p ra Ct i ce 1fmb'ress mnt; ucfi
hasrbeen airdyaiah
ability thit iuwou4 fo-jieie,;
so well1 aquaintedithltpjod
on its merits i musiooservet
ejrer, thatthe practice is
utterly te-
pugusnt to the law ot na
ions ; tliat
rit is supported by no trcitywjjh-any
4 nation ; tnat it was never apquiescea
in by anv. ; and tfe ':;uissibjl.t'
fit bv.jhe United Ststcs would be the
abandonment, in faybf of Britain,
all cither right on thecen
! -This practice is hot founded v on
iinv belli crernt richt. .. CTheiSrea'test-;
extent to which hebeilil'rtcia
nfs oeen carrreu, ovr ine ycsseiaor i
,neutrat. nations, to oo rq, taice
fro m the nv person i i h e j , laa dt arid
sea service; of an en: my, contraband
of, war, an enemy's ; property; -A All,
nations agree- respecting 'tne Wo first
articles, bat there 'hai beep' and still
exist3 a diversity of 'opiniobias to the 1
last, uo tnat tnu oiner xucsupas oi
considerable- impcrrtacsJ dispUies;
h.uTe arisen which are yetiunsejt'edV
Th- Empress Catarin ofi
distinutihed aclybate jOij jastjprjh
ciples, pi iced hefsetf: in 1 &6 at the
head f neutral ntionsiciii'lsrjo'
a liberal -conduction of efrrigts, !
a nd n e r; suV ce sso r h a ye ge pet ally
followed her examples ; .la all the :
discussions on these liopicS,) find
nothing of the British claim to .im- '
pressment ; no acxnowieugment ot
it in an treaty, or proof ' iftsnbmis ;
sidn to it by any power. . If instancesi '
have occurred in which Bfhish "c rui
zers have, taken British seamen fiom $
the vessels' of 4 other nations, they .
vere, a it 4 presumed;mcase8 ei
ther riot acqiescetl in or of a',ex-o
traordmary nature only, afTrdinirno- i
countenance o their1 practice . and;
pretension in relation tothef U.Statesi
Cases of this .kind, if su h there be,
afford no proof of a systematic clainiv
tn the B ri tish go ve rn men t to i m-.,
presiment, or of submkstoji;toit'6yf
dth?r' nowers. Tfis- laira-has been?
set up asrainst the U .ted aies'bnly-
wno nave in consequence &xnc-reor
been compelled to discussjits. pieritsr
This claim is in fact trateto (ah .
o her souVce-,.-,the . al(eODy: ' .
British subjects to their jvereign,
and tits right vby ,y vtut thebfi'
tneir. service. . i nis ias ueen uisudcv
ly stated in a ?ate"dei:fation i3y'.thep
Prince Hegenv ,Kniwiigithe natuVe
of the claim, ;S'we- know alsbj the .-tex-
tent of the right arid obligations inci :
(eot to it. tAllance;;isablitical
relation between a Sovereign anct his
People Ht is the obligajtioi which
binds;the ' fatter in iiturn forthe prd
tection which they r ceivf ; These
rect pro cai o u ii es nave wc amc uuiiu
They are con lined to the idomiowns "
of: the, sovcTielgnf ;bend Thihe
s no rightscai ard
and can o fcouse clai o no alfegianc':
A ciuzerjibr jsfiDject ofpnpoiy?:
entwing the;ddinions
owes allegiance !to the latter, m return i
for the prbtcctidn be recejyesi Whe-
ther" ar sovereign has; a righrtcxcla!mf
the seryice- of such cf hi subjects as '
have 1 left his . own Jidonamibns is, a ,
question; respecting which1 also a dif
teren ce of opinion; toay exisu : J t, is
certain that no "soyereign has rights a
to pursue his subiects, into the: tern-1 A
tories cf another, b AheorJ Veiorf
u whatit mayitSuch aontry, with7
outJtte-con power i:
,wttia.ii'amofation;pi.j7 , --n
eetfcjonsiraraifcnnot wpurUcdrf
fjyiron.e po wenthejfrxitor
Siy: theTjajtiietv exceri in -ompUancer
wuhfelaOesbrbyyor;
Vessels of1 a pation are considered' a ;
part of its iT
tion of the- belligetdnritpnlj isu
prinajetob well tablished to be;
brought Into discussion. Each statd
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