Fangements with us which may fix the commerce between the two countries on principles of reciprocal advantage?

I have the honour to be, &c.

TH. JEFFERSON.

Mr. Hammond, Minister Plenipotentiary of Great Britain, to Mr. Jefferson, Secretary of State. Philadelphia, Nov. 30,

1791.

SIR, I HAVE the honour of acknowledging the receipt of your letter of yesterday. With respect to the non-execution of the 7th article of the definitive treaty of peace between his Britannick Majesty and the United States of America, which you have recalled to my attention, it is scarcely necessary for me to remark to you, sir, that the king, my master, was induced to suspend the execution of that article on his part, in consequence of the non-compliance, on the part of the United States, with the engagements contained in the 4th, 5th, and 6th articles of the same treaty. These two objects are, therefore, so materially connected with each other as not to admit. of separation, either in the mode of discussing them, or in any subsequent arrangements, which may result from that discus

sion.

In stating to you, sir, this indispensable consideration, I must at the same time assure you, that, in the confidence of experiencing a similar disposition in the government of the United States, it is his majesty's desire to remove every ground and occasion of misunderstanding which may arise between the two countries: And in conformity to that disposi tion in his majesty, I can add, that I am instructed to enter into the discussion of all such measures as may be deemed the most practicable and reasonable, for giving effect to those stipulations of the definitive treaty, the execution of which has hitherto been delayed, as well by the government of this country, as by that of Great Britain.

In answer to your question on the subject of the commerce of Great Britain and the United States, I can also inform you, sir, that the king is sincerely disposed to promote and facilitate the commercial intercourse between the two countries, and that I am authorized to communicate to this government his majesty's readiness to enter into a negotiation for establishing that intercourse upon principles of reciprocal benefit. Before I conclude this letter, I cannot omit mentioning the sense I entertain of the obliging expressions of personal regard, which you, sir, have been pleased to employ, relative to my appointment to the station which I hold in this country. I can venture to assure you, with the greatest sincerity, that it affords me the warmest satisfaction to be the medium of communicating to the United States the actual good dispositions of my sovereign and nation towards them. And, I trust, I

may be permitted to add, that it would be the highest object of my ambition, to be the humble instrument of contributing, in any manner, to fix upon a permanent basis the future system of harmony and good understanding between the two countries. I have the honour to be, &c. GEO. HAMMOND.

Mr. Hammond, Minister Plenipotentiary of Great Britain, to Mr. Jefferson, Secretary of State. Philadelphia, December 6,

1791.

SIR, AS I am extremely solicitous to avoid any misapprehension of my letter of the 30th ult. I have now the honour of stating to you, in explanation of that part of it to which you have adverted in yours of yesterday, that although (as I formerly mentioned in my first conversations with you after my arrival in this country) I am not as yet empowered to conclude any definitive arrangement with respect to the commercial intercourse between the two countries, I still meant it to be un.derstood, that I am fully authorized to enter into a negotiation, for that purpose, and into the discussion of such principles, as may appear best calculated to promote that object, on a basis of reciprocal advantage.

I am farther authorized to receive any propositions which this government may be pleased to make to me upon this sub. ject. I have the honour to be, &c. GEO. HAMMOND.

Mr. Jefferson, Secretary of State, to Mr. Hammond Minister Plenipotentiary of Great Britain. Philadelphia, December 13, 1791.

SIR, I HAVE laid before the President of the United States the letters of November 30 and December 6th with which you honoured me, and in consequence thereof, and particularly of that part of your letter of December 6th, where you say that you are fully authorized to enter into a negotiation for the purpose of arranging the commercial intercourse between the two countries, I have the honour to inform you that I am ready to receive a communication of your full powers for that purpose, at any time you shall think proper, and to proceed immediately to their object. I have the honour to be, &c. TH: JEFFERSON.

Mr. Hammond, Minister Plenipotentiary of Great Britain, to Mr. Jefferson, Secretary of State. Philadelphia, December 14, 1791.

SIR, IN answer to your letter of yesterday, I can only repeat what I have before stated in my first conversations with you after my arrival, and subsequently in my letter of the 6th of this month; viz. that I have no special commission, empowering me to conclude any definitive arrangement upon the subject of the commercial intercourse between Great Britain and

the United States. But that I conceive myself fully competent to enter into a negotiation with this government for that purpose, in the discussion of the principles which may serve as the basis, and constitute the stipulations of any such definitive arrangement.

This opinion of my competency, is founded upon my instructions, in as much as they are to regulate my personal conduct, and upon the conviction that the letter of credence from his majesty, investing me with a general plenipotentiary character which I had the honour of presenting to the President of the United States, and his consequent recognition of me in that character, are authorities decidedly adequate to the commencement of a preliminary negotiation.

I have the honour to be, &c.

GEO. HAMMOND.

Mr. Jefferson, Secretary of State, to Mr. Hammond, Minister Plenipotentiary of Great Britain. Philadelphia, December 15, 1791.

SIR, I AM to acknowledge the honour of your letter of November 30th, and to express the satisfaction with which we learn, that you are instructed to discuss with us the measures, which reason and practicability may dictate, for giving effect to the stipulations of our treaty yet remaining to be executed. I can assure you, on the part of the United States, of every disposition to lessen difficulties, by passing over whatever is of smaller concern, and insisting on those matters only, which either justice to individuals or publick policy render indispensa ble; and in order to simplify our discussions, by defining precisely their objects, I have the honour to propose that we shall begin by specifying, on each side, the particular acts which each considers to have been done by the other, in contravention of the treaty. I shall set the example.

The provisional and definitive treaties in their 7th article stipulated that his "Britannick majesty should with all convenient speed and without causing any destruction or carrying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States and from every port, place, and harbour within the same."

But the British garrisons were not withdrawn with all convenient speed, nor have ever yet been withdrawn from Michillimakkinak, on lake Michigan; Detroit, on the streight of lakes Erie and Huron; Fort Erie, on Lake Erie; Niagara, Oswego, on Lake Ontario; Oswegatchie, on the river St. Lawrence; Point Au-fer, and Dutchman's Point, on Lake Champlain.

2. The British officers have undertaken to exercise a jurisdiction over the country and inhabitants in the vicinities of those forts; and

3d. They have excluded the citizens of the United States from navigating, even on our side of the middle line of the

rivers and lakes established as a boundary between the two nations.

By these proceedings we have been intercepted entirely from the commerce of furs with the Indian nations to the northward, a commerce which had ever been of great importance to the United States, not only for its intrinsick value, but as it was the means of cherishing peace with those Indians, and of superseding the necessity of that expensive warfare we have been obliged to carry on with them, during the time that these posts have been in other hands.

On withdrawing the troops from New York, 1st. A large embarkation of negroes, of the property of the inhabitants of the United States, took place before the commissioners on our part for inspecting and superintending embarkations had arrived there, and without any account ever rendered thereof. 2d. Near three thousand others were publickly carried away by the avowed order of the British commanding officer, and under the view, and against the remonstrances of our commissioners. 3d. A very great number were carried off in private vessels, if not by the express permission, yet certainly without opposition on the part of the commanding officer, who alone had the means of preventing it, and without admitting the inspection of the American commissioners; and 4th, Of other species of property carried away, the commanding officer permitted no examination at all. In support of these facts I have the honour to enclose you documents, a list of which will be subjoined, and in addition to them, I beg leave to refer to a roll signed by the joint commissioners and delivered to your commanding officer for transmission to his court, containing a description of the negroes publickly carried away by his order as before mentioned, with a copy of which you have doubtless been furnished.

A difference of opinion too having arisen as to the river intended by the plenipotentiaries to be the boundary between us and the dominions of Great Britain, and by them called the St. Croix, which name, it seems, is given to two different rivers, the ascertaining of this point becomes a matter of present urgency: it has heretofore been the subject of applications from us to the government of Great Britain.'

There are other smaller matters between the two nations which remain to be adjusted, but I think it would be better to refer these for settlement through the ordinary channel of our ministers, than to embarrass the present important discussions with them they can never be obstacles to friendship and harmony.

Permit me now, sir, to ask from you a specification of the particular acts, which, being considered by his Britannick majesty as a non-compliance on our part with the engagements contained in the 4th, 5th, and 6th articles of the treaty, induced him to suspend the execution of the 7th, and render a separate disussion of them inadmissible. And accept assurances, &c.

THOMAS JEFFERSON.

DOCUMENTS REFERRED TO, AND ENCLOSED.

Extract of a letter of May 12th 1783, from Sir Guy Carleton to General Washington. Letter of May 24th 1783, from the American commissioners to Sir Guy Carleton. Letter of May 29th 1783, from Mr. Morgann for Sir Guy Carleton to the American commissioners.

Remonstrance of June 9th 1783, from the American commissioners to Sir Guy Carleton. Letter of June 14th 1783, from the American commissioners to General Washington. Extract of a remonstrance of June 17th, 1783, from the American commissioners to Sir Guy Carleton. Letter of January 18th 1784, from the American commissioners to General Washington.

Extract of a letter from Sir Guy Carleton to General Washington, of May 12, 1783.

"I ENCLOSE a copy of an order which I have given out to pre. vent the carrying away any negroes or other property of the American inhabitants. I understand from the gentlemen therein named, that they visited the fleet bound to Nova Scotia, and ordered on shore whatever came clearly under the above description there appeared to be but little difference of opinion except in the case of the negroes who had been declared free, previous to my arrival.-As I had no right to deprive them of that liberty I found them possessed of, an accurate register was taken of every circumstance respecting them so as to serve as a record of the name of the original proprietor of the negro, and as a rule by which to judge of his value. By this open method of conducting the business, I hoped to prevent all fraud, and whatever might admit of different constructions is left open for future explanation or compensation. Had these negroes been denied permission to embark, they would, in spite of every means to prevent it, have found various methods of quitting this place, so that the former owner would no longer have been able to trace them, and of course would have lost in every way all chance of compensation.

"This business carried on in this publick manner, and the orders nominating persons to superintend embarkations published in the gazette, I had no reason to think either the embarkation or any circumstance attending it could have been matter of surprise to your excellency on the 6th of May. I then, however, learned with concern, that the embarkation which had already taken place, and in which a large number of negroes had been conveyed away, appeared to your excellency as a measure totally different from the letter and spirit of the treaty.

"The negroes in question I have already said I found free when I arrived at New York, I had therefore no right, as I