Page:United States Statutes at Large Volume 18 Part 2c.djvu/315

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308 PUBLIC TREATIM. Great Britain, for all private property carried away by the British forces E and as the question regards slaves more especially, for all such slaves as were carried away by the British throes, from the places and territories of which the restitution was stipulated by the treaty, in quitting the said places and territories; _ " That the United States are entitled to consider, as having been so carried away, all such slaves as may have been transported from the above-mentioned territories on board of the British vessels within the waters of the said territories, and who, for this reason, have not been restored; _ " But that, if there should be any American slaves who were carried away from ter— ritories of which the first article of the treaty of Ghent has not stipulated the restitution to the United States, the United States are not to claim an indemnification for the said slaves." The Emperor declares, besides, that he is ready to exercise the office of mediator, which has been conferred on him beforehand bfy the two States, in the negotiations which must ensue between them in consequence o the award which they have demanded. Done at St. Petersburg 22d April, 1822. B. Count Nmelroda to Mr. Middleton. C 0 u n t Nessole The undersigned, Secretary of State, directing the Imperial Administration of Forrode to Mr. Mid- eign Aiairs, has, without delay, laid before the Emperor, his master, the explanations dleton. into which the Ambassador of His Britannic Majesty has entered with the Imperial Ministry, in consequence of the preceding confidential communication which was made to Mr. Middleton, as well as to Sir Charles Bagot, of the otpinion expressed by the Em— peror upon the true sense of the lst article of the treaty o Ghent. Sir Charles Ba ot understands that, in virtue of the decision of His Imperial Majesty, " His Britannia Majesty is not hound to indemnify the United States for any slaves who, coming from places which have never been occupied by his troops. voluntarily joined the British forces, either in consequence of the encouragement which His Maj: esty’s officers had offered them, or to free themselves from the power of their masterthese slaves not having been carried away from places or territories captured by His Britannic Magiesty during the war, and, consequently, not having been. carried away from places of which the article stipulates the restitution}' In answer to this observation, the undersi ned is char ed by His Imperial Majesty to communicate what follows to the Minister og the United%tates of America: The Emperor having, by the mutual consent of the two Plenipotentiaries, given an opinion founded solely upon the sense which results from the mt of the article in dispute, does not think himself called upon to decide here any question relative to what the laws of war permit or forbid to the belligerents; but, always faithful to the gram— matical interpretation of the 1st article of the treat of Ghent, His Imperial Majesty declares, a second time, that it appears to him according to this interpretation : “ That, in quitting the places and territories of which the treaty of Ghent stipulates the restitution to the United States, His Britannio Majesty’s forces had no right to carry away from these same places and territories, absolutely, any slave, by whatever means he ad fallen or come into their power. " But that if, during the war, American slaves had been carried away by the English forces, from other places than those of which the treaty of Ghent stipulates the reetitution, upon the territory, or on board British vessels, Great Britain should not be bound to indemnify the United States for the loss of these slaves, by whatever means they might have fallen or come into the power of her omcers." Although convinced, by the previous explanations above mentioned, that such is also the sense which Sir Charles Bagot attaches to his observation, the undersigned has nevertheless received from His Imperial Majesty orders to address the present note to the respective Plenipotentiaries, which will prove to them, that, in order the better to Justify the conddence of the two Governments, the Emperor has been unwilling that the slightest doubt should arise regarding the consequencesof his opinion. The undersigned eaferly embraces this occasion of repeating to Mr. Middleton the assurance of his most istinguished consideration. NESSELRODE. Sr. Pararsnuxe, 22d April, 1822. GREAT BRITAIN, 1826. Nov. 13, 1826. CONVENTION ‘BETW'EEN THE UNITED STATES OF` AMERICA AND GREAT '_‘;*;* BRITAIN RELATIVE TO INDEMNITY UNDER TREATY OF JU 12, 1822, CONCLUDED AT LONDON NOVEMBER 13, 1826; RATIFICATIONXADVISED BY SENATE DECEMBER 26, 1826; RATIFIED BY PRESIDENT DECEMBER 27, 1826; RATIFICATIONS EXCHANGED AT LONDON FEBRUARY 6, 1827 ; PROCLAIMED, MARCH 19, 1827. P*‘°*¤¤l>T•>- Diihculties having arisen in the execution of the convention concluded [See treaty or at St. Petersburgh on the twelfth day of July, 1822, under the medio- 182% PP- 30*306] tion of Hts Majesty the Emperor of all the Russias, between the Ulllwd