said Forts or Places, and which shall remain therein on the exchange of the Ratifications of this Treaty," would have followed at the end of the sentence, after "Slaves and other private property." In that case both interests, the public and the private, would have been subject to the same restraint. But by separating them from each other, and putting the restrictive words immediately after " Artillery and other public property," it shows that it was intended to confine their operation to those objects only, excluding from it "Slaves and other private property."

Other consequences, equally inconsistent with the spirit and equity of the Article, would follow, from the construction given of it by the British Naval Commanders. If the Slaves, and other private property, are placed on the same footing with Artillery, and other public property, the consequence must be that all will be carried away. It is believed that none of the Slaves were taken in Forts or other Places, where the British Troops happened to be at the exchange of the Ratifications of the Treaty. By far the greater number, if not the whole, were taken from Proprietors inhabiting the Country bordering on the Bays and Rivers which empty into the Atlantic. As this fact was well known to the Commissioners of both Nations, it furnishes a conclusive argument against the construction contended for by the British Naval Commanders. It cannot be believed that the Commissioners would have agreed to a Stipulation which they respectively knew would produce no effect.

In supposing that all the Slaves would be carried away under the construction given to this Article by the British Naval Commanders, I have considered the term "Place" in a qualified sense, synonymous with Fort, as a Military Station taken by the British Forces, and held by them at the Peace. But if it is construed in a more enlarged sense, such as the Country from which the Slaves were taken, none could be carried away, even under that construction. That it must be construed in this enlarged sense, if applicable to Slaves and other private property, is obvious, from the consideration, that the act of taking them removed them from the Places where they were taken.

The Stipulation in this Article, in relation to the point in question, by a fair and just construction appears to me to amount to this, that each Party shall restore, without delay, all the Territory, Places, and Possessions which had been taken by it, with the exception of certain Islands: that neither shall destroy or carry away Artillery or other public property, provided they be, at the time of the exchange of the Ratifications, in the Forts or Places in which they were originally captured: that neither shall carry away Slaves or other private property. The restraint provided against the carrying away of the latter, is evidently connected with the great object of the Article,-the restoration of Territory, Places and Possessions, and not with Forts and Places, in the

qualified sense suggested, in which sense it applies to Artillery and other public property only, the ordinary and proper appurtenances of Forts and other Military Posts.

From every view which I have been able to take of this subject, I am of opinion that The United States are entitled to all the Slaves and other private property which were in the possession of the British Forces, within the limits of The United States, on the exchange of the Ratifications of the Treaty, whether they were in Forts or British Ships of War.

Presuming that your Government has instructed you upon this subject, and that it concurs in this construction of the Article, I flatter myself that you will give directions to the British Naval Commanders, not to carry away any of the Slaves and other private property, which may thus be fairly claimed by The United States. I have the honor to be, &c.

Anthony St. John Baker, Esq.

SIR,

JAMES MONROE.

(Enclosure 2.)-Mr. Baker to Mr. Monroe.

Washington, 3d April, 1815. I HAVE had the honor to receive your Letter of the 1st instant, stating that the Commanders of His Majesty's Naval Forces have given a different construction to that part of the 1st Article of the Treaty of Peace lately concluded between the two Countries, which relates to the restoration of Slaves and private property, from what is thought by the American Government to be its just construction, by making the restriction annexed to the restoration of Artillery and public property likewise apply to Slaves and private property; at the same time expressing your opinion, that The United States are entitled to all the Slaves and other private property in possession of the British Forces, within the limits of The United States, on the exchange of the Ratifications, whether they were in Forts or British Ships of War, and requesting, under the supposition that His Majesty's Government concurred in this construction of the Article, and had furnished me with Instructions accordingly, that I would give directions to the Naval Commanders, not to carry away any of the Slaves so claimed by The United States.

As I have not received any Communication on the subject from the Commander-in-Chief on the American Station, by whose Orders the several Naval Commanders have, no doubt, been guided, I am unacquainted with the grounds on which he rests his interpretation of the words of the Ist Article of the Treaty. It is, however, not improbable that he may have imagined, that it could not have been intended by the Plenipotentiaries of the two Countries, that there should be a general prohibition against carrying away from the Places restored all private property, of every description and to whomsoever

belonging, found therein on the exchange of the Ratifications, and that, therefore, as some limitation must have been contemplated in the case of private as well as public property, the restriction attached, by the words immediately preceding, to the latter, was likewise applicable to the former.

I regret to find that, by the view taken of this part of the Ist Article, the Government of The United States claim the Negroes, originally American, on board of the British Ships of War which happened to be within the limits of The United States at the time of the exchange of the Ratifications, as I do not conceive that it can be satisfactorily shown that this construction is sanctioned by the words of the Article; and I have no hesitation in stating my belief, founded on the best means of information, that, at the time the Article was framed, it was meant that the prohibition against carrying away Slaves and private property should be taken in connexion with the restoration of Territory, Places, and Possessions; and that if it had been supposed by His Majesty's Plenipotentiaries, at Ghent, that the words were susceptible of the construction now given to them, and that a Claim would be founded upon them for the delivering up of Persons who had sought refuge during the War on board of British Ships, their insertion would have been decidedly objected to, and others proposed.

Not being, however, in possession of any Instructions from my Government upon this subject, the only steps which it is in my power to take in relation to it, is to transmit to England, and to the Naval Commander-in-Chief on this Station, Copies of your Letter; and I have no doubt that the reasoning contained in it will, in the most perfect spirit of amity, be duly and considerately examined, with the sincere desire to give that interpretation to the Article in question, which may be most consonant to justice and to its true and fair meaning.

I have the honor to be, &c. The Hon. James Monroe.

ANTHONY ST. JOHN BAKER.

(B.)-COMMUNICATIONS from the American Commissioners in Chesapeake Bay.-1815.

SIR,

(1.)-Commissioner Graham to the Secretary of State.

City of Washington, 28th February, 1815. I NOW enclose a Copy of the Correspondence between the Commissioners, appointed, on the part of The United States, to receive and make the necessary Arrangements, respecting the public and private property in possession of the British Forces within the Chesapeake Bay, to be given up, under the Ist Article of the Treaty of Peace be

tween The United States and Great Britain, and Captain John Calvelle, commanding the British Forces in the Chesapeake Bay.

In pursuance of the Arrangements therein made, Colonel Bayly has remained to take an Inventory of the Property and Slaves, and to endeavour to ascertain, as far as practicable, to whom they belong. I have the honor to be, &c.

The Hon. James Monroe.

GEORGE GRAHAM.

(Enclosure 1.)—The American Commissioners to Captain Clavelle. Schooner Adeline, Chesapeake Bay,

SIR, 23d February, 1815. THE Undersigned, Commissioners appointed on the part of The United States, to receive and make all necessary Arrangements concerning the Property which may be in the possession of the Forces of His Britannic Majesty in the Chesapeake, or on the Shores or Islands thereof, and which is to be delivered up and restored, agreeably to the Ist Article of the Treaty of Peace and Amity between The United States and His Britannic Majesty, concluded and signed at Ghent, on the 24th day of December, 1814, have the honor to inform you, that having exhibited to you their Powers, they are now ready to proceed to execute the trust reposed in them; and they take this occasion to observe, that under the Stipulations of the Ist Article of the said Treaty, all Slaves, and other private property, which may now be in possession of the Forces of His Britannic Majesty within the Chesapeake, are claimed, to be delivered up forthwith, and that all such as may have been removed since the 17th instant, the day on which the exchange of the Ratifications of the Treaty took place, are claimed, to be restored with all convenient despatch. We have the honor to be, &c.

Captain John Clavelle, Commander of

THO. M. BAYLY.

GEORGE GRAHAM.
JOHN S. SKINNER.

His Britannic Majesty's Forces in the Chesapeake.

(Enclosure 2.)-Captain Clavelle to the American Commissioners. His Majesty's Ship Orlando, in the Patuxent, 23 February, 1815.

GENTLEMEN,

1 HAVE just had the honor of receiving your Communication of this day's date, stating that you are appointed, on the part of The United States, to receive and make all necessary Arrangements concerning the Property which may be in possession of the Forces of His Britannic Majesty in the Chesapeake, or on the Shores or Islands thereof, agreeably to the Ist Article of the Treaty of Peace between His Britannic Majesty and The United States; and in reply I beg to [1816-17.]

T

state, that I understand the Ist Article of the Treaty, relative to private and public property, thus, viz. :-all Territory, Places, and Possessions whatsoever, taken from either Party by the other during the War, or which may have been taken after the signing this Treaty, excepting only the Islands hereafter mentioned, shall be restored without delay, and without causing any destruction or carrying away any of the Artillery, or other Public Stores-or any Slaves, or other private property originally captured in the said Forts or Places, and which shall remain therein upon the exchange of the Ratifications of this Treaty.

As none of the Slaves now in Tangier were captured there, I cannot feel myself at liberty to deliver them up,-far less can I give up those now serving on board His Britannic Majesty's Ships, as by entering into the Service they made themselves free men. I shall, however, give directions that the whole of those on board the different Ships, of every description, shall be discharged into this Ship, until I receive Instructions from Rear-Admiral Cockburn, to whom I shall immediately dispatch a Vessel.

I have the honour to be, &c. Messrs. Bayly, Graham, and Skinner.

JOHN CLAVELLE.

(Enclosure 3.)—The American Commissioners to Captain Clavelle. Schooner Adeline, in the Chesapeake Bay,

SIR,

23rd February, 1815. WE have the honor to acknowledge the receipt of your Reply to our Communication of this date, and regret to find that you do not feel yourself at liberty to deliver up all Slaves and other private property of the Citizens of The United States, which came under your control, previously or subsequently to the date of the exchange of the Ratifications of the Treaty concluded by the Commissioners on the part of The United States and Great Britain, and still remaining within the Chesapeake, or on the Shores or Islands thereof.

As, however, you have put a construction upon the Ist Article of the Treaty, which, in our estimation, the terms of it do not warrant, and difficulties have arisen in the execution of our trust which were not anticipated, it becomes our duty to ask your co-operation in taking, for the mutual satisfaction of our respective Governments, an Inventory of all Slaves and other private property within the Waters of the Chesapeake, or on the Shores or Islands thereof, and now in the possession of His Britannic Majesty's Forces, that the difference of construction placed upon the Ist Article of said Treaty may be satisfactorily adjusted, and its Stipulations executed in good faith. We are further satisfied you will perceive the propriety of furnishing us, for the information of the proper Authorities, as far as the means in your power may render it practicable, with an Account of all Slaves and