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Foreign News January 26, 1804

Alexandria Daily Advertiser

Alexandria, Virginia

What is this article about?

Reports from London (Nov 12) detail ongoing British-US negotiations over renewing the 12th article of Jay's 1794 treaty, restricting American trade to British West Indies in vessels under 70 tons. US demands unrestricted access, backed by threats; Britain seeks amicable resolution amid war tensions.

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Our readers are presented with a very interesting article of foreign news under the Petersburg head below. It appears to be the policy of our present administration, if not to go to war with Great Britain, at least to come very near it, and to blow up the embers of resentment, which some other administration after them will have to extinguish by great concessions, or suffer their country and its commerce to be involved in the flames of war. Such it was long since predicted would be the case, whenever the renewal of the British treaty should be entered into between Mr. Jefferson and that country; and this, like many other predictions of the federalists concerning this man, is but too likely to be fulfilled.

The paper from which the above mentioned foreign news is taken, says "A member of the legislature has received a letter from colonel Mercer, who accompanied colonel Monroe to Europe, stating that there was every prospect of an immediate peace between France and Great Britain; that there would be a change of ministry in England—Sheridan and Fox coming in—and that Bonaparte had determined to settle down the government of France upon true republican principles."

(Fed. Gaz.)

PETERSBURG. January 13.
IMPORTANT.

The Editors of the Intelligencer have been politely handed a London paper of November 12th, (The Morning Post) received by the ship Protectress, arrived at City Point, containing the following important article, in relation to the twelfth article of the treaty between this country and Great Britain, which had expired, agreeably to the provisions of the treaty. We hasten to lay it before our readers, not doubting it will receive the serious attention of every friend to the commercial interests of the country—

London November 12.
COMMERCE WITH AMERICA.

While the attention and activity of government appear to be wholly engrossed by invasive preparations of the enemy, and by the preparatory measures on our own part to meet and frustrate them; and while the thoughts and anxiety of the nation at large seem exclusively to be intent on this more than gigantic and impending peril, other topics of great commercial interest, and high political consequence, must naturally intermingle and blend themselves with these more ponderous considerations. though, for the moment, they may be overlooked by the public, or merge altogether in the sea of difficulties, by which we are threatened more immediately to be overwhelmed. The renewal of hostilities between France and Great Britain has naturally aroused the rivals and the enemies of either power to avail themselves of the difficulties in which such event must necessarily involve the two principal belligerents. Nations, like individuals, will eagerly seize on every favorable occasion to promote their respective interests, and to remove every obstacle and embarrassment by which they may in more inauspicious times have been obstructed and depressed. Thus, since the breaking out of a French war with France, several treaties or renewals of treaties have been demanded, entered into, and negotiated between Great Britain and the northern powers, principally relating to the privileges of neutrals, the right of search, and the contraband of war—Whatever difficulties might have arisen from these discussions, we have had reason to hope, not only that they were removed, but that new advantages and facilities have been obtained in our favor. Of this the late treaty with Sweden is a satisfactory instance. But as we informed ourselves thereby to be more disentangled from our perplexities, we seemed little to expect that difficulties and disagreements would have arisen up in a quarter from whence we were more inclined to flatter ourselves with friendship and favor than to dread enmity and obstruction. Little did we seem to expect (by WE, we mean the Public,) that at the present moment, a moment so big with other dangers, from a far other and more formidable foe, the attention and exertions of government should be distracted by an unseasonable or unreasonable claims on the part of America. Yet little as the public at large seem now to be aware of it; perhaps upon no topic is the mind of government more detained and urged at the present moment than on the revision, principally of the twelfth article of the treaty of Amity, Commerce, &c. &c. between his Majesty and the United States of America, concluded in 1794, and conditionally ratified in 1795. The general stipulations of that treaty are too numerous and diffused now to admit of a detailed examination; but the spirit and tendency of the whole treaty almost wholly rested, more especially as to its future consequences, upon the twelfth article of which, for the convenience and satisfaction of our readers we now insert the following copy:

Here follows the twelfth article of Mr. Jay's treaty, prescribing the mode in which commerce is to be carried on between the United States and the British West India Islands.

The thirteenth article contains nearly the same stipulation respecting the trade of America in the sea ports and harbours of the British territories in the East Indies. It has already been observed, that the 12th article formed the main hinge upon which was to turn the future force and execution of this treaty, which fully appears from

Art. 28.—"It is agreed that the first ten articles of this treaty shall be permanent, and that the subsequent articles, except the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this treaty shall be exchanged, but fully subject to this condition—that whereas the said twelfth article will expire, by the limitation therein contained, at the end of two years from the signing of the preliminary, or other articles of peace, which shall terminate the present war in which his majesty is engaged, it is agreed, that proper measures shall, by concert, be taken for bringing the subject of that article into amicable treaty and discussion, so early before the expiration of the said term, as that new arrangements on that head may at that time be perfected, and ready to take place; but if it should unfortunately happen, that his majesty and the United States, should not be able to agree on such new arrangements, in that case, all the articles of this treaty, except the first ten, shall then cease and expire together."

This is the unfortunate issue which the above article seemed to have in perspective, and which constitutes the principal ground of the discussion in which we understand that ministers are now deeply engaged. Under any other circumstances, the points in dispute might be easily adjusted: but when so many other more momentous concerns are at stake, and when we know that the craft, malice, and intrigue of our great enemy will continually and anxiously blow their pestilential breath on every little sore that may break out in the body of any other state, till they fester and inflame it into acrimonious violence, we may easily imagine how much they endeavor to irritate the temper of the United States: of themselves, perhaps, too sanguinely disposed to derive or extort advantages from the present perplexities and perilous posture of British affairs. The renewal of this treaty, we are credibly informed, has for some time back formed a principal object of the discussions of the consular cabinet, and is now under the serious consideration of the government of this country. The American government is said to hold, the most lofty and menacing language respecting their just pretensions. They strongly remonstrate against any restriction—or limitation whatever, either on their trade, or the amount of their tonnage: the arguments they urge to enforce a compliance with their demands are backed by threats which we can never imagine they would seriously attempt to carry into effect, Indeed these threats are of a nature which prudence persuades us from detailing, but which would seem to aim a severe blow at the general commercial interests of this country, and which would prove fatal to the commercial existence of many respectable individuals. It is well known that the trade of America, in West India and East India articles, with the continent of Europe, most especially with France has of late considerably increased; and in proportion to its growing prosperity, will they naturally be anxious to expand it, or at least to preserve it undiminished—ted unrestrained. Such a disposition on their part, their obvious interest would no doubt prompt them to entertain; it is for us to examine how far it may be reconcilable with ours. Mr. Monroe is said to have received fresh instructions from his government to press this point with every possible urgency; nor are his exertions and diligence solely to be relied on; but another negotiator, we believe, a Mr. Lane, is expected soon to arrive from America, in order to give additional force and activity to the pending negotiation. Ministers will no doubt, feel the importance of continuing to maintain a friendly understanding with the United States; but as their coolness and moderation will no doubt, admonish them against any harsh or violent extremity, so are we inclined to hope that their energy and firmness will preserve them from any unworthy condescension, or pusillanimous concession.

The following is copied from one of our latest London papers:

"A Cabinet Council was held on Friday and Saturday which sat for several hours each day. The subject of deliberation was supposed to be negotiations concerning between this country and America, relative to the constitution of the 12th Article in the treaty of Commerce concluded between his Majesty and the United States in 1794. By this article the Americans are restricted from trading to any of our ports or settlements in vessels above the burthen 70 tons. They now strongly remonstrate against any restriction or limitation whatever, and it is said they hold very lofty language respecting their pretensions. This subject, we understand, occupies at present the inviolate attention and anxiety of Ministers. On a question of such delicacy and importance, we forbear at present to make any comment. It is one, however, which involves, not only the existence of many respectable individuals, but even the general commercial interest of this country."

The following is from the London Evening Post of the 12th November:

"Some difficulties of a commercial nature, relative to the trade of the West India Islands, are now under the consideration of Ministers; but we have little doubt that every thing will be easily adjusted to the satisfaction of both nations—we, however, think, that if America be very impatient and urgent at the present, it is both indecorous and ungenerous as a nation engaged in defending its existence, as we are, ought not to be pressed by a friendly power on any subject that is of a nature to admit of delay, which must be the case with every commercial regulation."

What sub-type of article is it?

Diplomatic Trade Or Commerce Economic

What keywords are associated?

Jay Treaty Renewal British Us Commerce West Indies Trade Monroe Negotiations American Threats

What entities or persons were involved?

Colonel Mercer Colonel Monroe Sheridan Fox Bonaparte Mr. Jefferson Mr. Jay Mr. Lane

Where did it happen?

London

Foreign News Details

Primary Location

London

Event Date

November 12

Key Persons

Colonel Mercer Colonel Monroe Sheridan Fox Bonaparte Mr. Jefferson Mr. Jay Mr. Lane

Outcome

ongoing negotiations over treaty renewal; us demands unrestricted trade and issues threats; britain aims for amicable resolution without major concessions amid war with france.

Event Details

London reports discuss British ministers' deliberations on renewing the 12th article of the 1794 Jay Treaty, which expired and restricted US vessels over 70 tons from trading with British West Indies and East Indies. US remonstrates against restrictions, using menacing language and threats to commercial interests. Monroe receives instructions to press demands; Mr. Lane expected to assist. Cabinet councils held on the matter; optimism for adjustment despite timing.

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