And once more, in the same despatch, he says:--

“Whenever a belligerent claim against persons on board a

neutral vessel is referred to in treaties, _enemies in military

service alone_ are excepted from the general immunity of

persons in that situation; _and this exception confirms the

immunity of those who are not included in it_.”[65]

In pursuance of this principle, thus clearly announced and repeated,

Mr. Madison instructed Mr. Monroe to propose a convention between the

United States and Great Britain containing the following stipulation:--

“No person whatever shall, upon the high seas and without the

jurisdiction of either party, be demanded or taken out of any

ship or vessel belonging to citizens or subjects of one of the

parties, by the public or private armed ships belonging to or

in the service of the other, _unless such person be at the time

in the military service of an enemy of such other party_.”[66]

Mr. Monroe pressed this stipulation most earnestly upon the British

Government; but, though treated courteously, he could get no

satisfaction. Lord Harrowby, the Foreign Secretary, in one of his

conversations, “expressed concern to find the United States opposed

to Great Britain on certain great neutral questions, in favor of the

doctrines of the Modern Law, which he termed _novelties_”;[67] and Lord

Mulgrave, who succeeded this accomplished nobleman, persevered in the

same dissent. Mr. Monroe writes, under date of 18th October, 1805:--

“On a review of the conduct of this Government towards the

United States from the commencement of the war, I am inclined

to think that the delay which has been so studiously sought

in all these concerns is the part of a system, and that it is

intended, as circumstances favor, to subject our commerce, at

present and hereafter, to every restraint in their power.”[68]

Afterwards Mr. Monroe was joined in the mission to London, as we have

already seen, by Mr. Pinkney, and the two united in again presenting

this same proposition to the British Government.[69] It was rejected,

although the ministry of Mr. Fox, who was then in power, seems to have

afforded at one time the expectation of an agreement.

While these distinguished plenipotentiaries were pressing this

principle at London, Mr. Madison was maintaining it at home. In an

unpublished communication to Mr. Merry, the British minister at

Washington, bearing date 9th April, 1805, which I extract from the

files of the State Department, he declared:--

“The United States cannot accede to the claim of any nation

to take from their vessels on the high seas _any description

of persons, except soldiers_ in the actual service of the

enemy.”[70]

In a reply bearing date 12th April, 1805, this principle was

positively repudiated by the British minister; so that the two

Governments were ranged unequivocally on opposite sides. And this

attitude was continued. In the subsequent negotiations at London,

intrusted to Mr. Rush, in 1818, we find the two powers face to face.

The Foreign Secretary was the celebrated Lord Castlereagh, who,

according to Mr. Rush, did not hesitate to complain,--

“That we gave to our ships a character of inviolability that

Britain did not: that we considered them as part of our soil,

clothing them with like immunities.”[71]

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