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From Thomas Jefferson to the Senate, 29 March 1802

To the Senate

Gentlemen of the Senate.

The Commissioners who were appointed to carry into execution the VIth. article of the treaty of Amity, Commerce and Navigation, between the US. and his Britannic majesty, having differed in opinion as to the objects of that article, and discontinued their proceedings, the Executive of the US. took early measures, by instructions to our Minister at the British court, to negociate explanations of that article. this mode of resolving the difficulty however proved unacceptable to the British government, which chose rather to avoid all further discussion and expence under that article, by fixing at a given sum the amount for which the US. should be held responsible under it. mr King was consequently authorised to meet this proposition; and a settlement in this way has been effected by a Convention entered into with the British government, and now communicated for your advice and consent, together with the instructions and correspondence relating to it. the greater part of these papers being originals, the return of them is requested at the convenience of the Senate.

Th: Jefferson

RC (DNA: RG 46, EPFR, 7th Cong., 1st sess.); endorsed by Senate clerks. PrC (DLC). Recorded in SJL with notation “British convention.” Enclosures: (1) Convention between the United States and Great Britain, 8 Jan. 1802, signed by Lord Hawkesbury and Rufus King; the two nations agreeing that in lieu of the provisions of Article 6 of the treaty concluded by them in 1794, the United States should pay the sum of £600,000 sterling, to be remitted at Washington in three equal, annual installments, the first payment to be made a year after the exchange of ratifications of the convention; the payments to be made in U.S. dollars at the rate of $4.44 per pound sterling; the parties also affirming that the fourth article of the 1783 treaty of peace between them, which said that there should be no lawful impediment to the collection of legitimate debts by creditors from either nation, was still binding “so far as respects its future operation”; it being agreed also that the commissioners appointed under Article 7 of the 1794 treaty should resume their proceedings, and that any sums awarded by them should be remitted in three equal, annual payments beginning one year after the exchange of ratifications of the convention (Miller, Treaties description begins Hunter Miller, ed., Treaties and Other International Acts of the United States of America, Washington, D.C., 1931–48, 8 vols. description ends , 2:488–91; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:382–3); appears as the final item in Meriwether Lewis’s “List of papers” accompanying the message of 29 Mch. (see below). (2) King to the secretary of state, 22 Apr. 1800 (King, Life description begins Charles R. King, ed., The Life and Correspondence of Rufus King: Comprising His Letters, Private and Official, His Public Documents and His Speeches, New York, 1894–1900, 6 vols. description ends , 3:222–6; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:394–5). (3) King to same, 13 Dec. 1800 (King, Life description begins Charles R. King, ed., The Life and Correspondence of Rufus King: Comprising His Letters, Private and Official, His Public Documents and His Speeches, New York, 1894–1900, 6 vols. description ends , 3:345–6; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:399–400). (4) King to same, 17 Jan. 1801 (King, Life description begins Charles R. King, ed., The Life and Correspondence of Rufus King: Comprising His Letters, Private and Official, His Public Documents and His Speeches, New York, 1894–1900, 6 vols. description ends , 3:369–70; extract, ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:401). (5) King to same, 7 Mch. 1801 (Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962–, 32 vols. Sec. of State Ser., 1986–, 8 vols. Pres. Ser., 1984–, 6 vols. Ret. Ser., 2009–, 1 vol. description ends , Sec. of State Ser., 1:7–8, with decipherment; King, Life description begins Charles R. King, ed., The Life and Correspondence of Rufus King: Comprising His Letters, Private and Official, His Public Documents and His Speeches, New York, 1894–1900, 6 vols. description ends , 3:398–9; extract, ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:401). (6) King to same, 20 Apr. 1801, mistakenly entered on the “List of papers” as 21 Apr.; with correspondence between King and British negotiator John Anstey (Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962–, 32 vols. Sec. of State Ser., 1986–, 8 vols. Pres. Ser., 1984–, 6 vols. Ret. Ser., 2009–, 1 vol. description ends , Sec. of State Ser., 1:105–6; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:401–18). (7) King to same, 21 Apr. 1801, with letters of King to Hawkesbury; the “List of papers” mistakenly identifies the annexed documents as correspondence between King and Lord Grenville (King, Life description begins Charles R. King, ed., The Life and Correspondence of Rufus King: Comprising His Letters, Private and Official, His Public Documents and His Speeches, New York, 1894–1900, 6 vols. description ends , 3:434–6; summary in Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962–, 32 vols. Sec. of State Ser., 1986–, 8 vols. Pres. Ser., 1984–, 6 vols. Ret. Ser., 2009–, 1 vol. description ends , Sec. of State Ser., 1:109; extract with additional documents, ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:418–19). (8) King to same, 24 Aug. 1801 (King, Life description begins Charles R. King, ed., The Life and Correspondence of Rufus King: Comprising His Letters, Private and Official, His Public Documents and His Speeches, New York, 1894–1900, 6 vols. description ends , 3:502–4; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:420; summary, Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962–, 32 vols. Sec. of State Ser., 1986–, 8 vols. Pres. Ser., 1984–, 6 vols. Ret. Ser., 2009–, 1 vol. description ends , Sec. of State Ser., 2:65). (9) King to same, 4 Oct. 1801, with, as described in the “List of papers,” “a note of conferences &ca. with Lord Hawkesbury and others concerning the convention relative to the 6th. article of the treaty of 1794; also copies of sundry letters from Mr. King to Lord Hawkesbury” (King, Life description begins Charles R. King, ed., The Life and Correspondence of Rufus King: Comprising His Letters, Private and Official, His Public Documents and His Speeches, New York, 1894–1900, 6 vols. description ends , 3:520–1; summary in Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962–, 32 vols. Sec. of State Ser., 1986–, 8 vols. Pres. Ser., 1984–, 6 vols. Ret. Ser., 2009–, 1 vol. description ends , Sec. of State Ser., 2:158–9; letter with additional documents, ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:420–4). (10) King to same, 20 Oct. 1801, continuing his report of the negotiations, described in the “List of papers” as “a note of conferences &ca. with Lord Hawkesbury and others concerning the Convention relative to the 6th. article of the treaty of 1794” (King, Life description begins Charles R. King, ed., The Life and Correspondence of Rufus King: Comprising His Letters, Private and Official, His Public Documents and His Speeches, New York, 1894–1900, 6 vols. description ends , 3:527). (11) King to same, 9 Jan. 1802, announcing the completion of the convention; accompanied, according to the “List of papers,” by a copy of Lord Hawkesbury’s commission to negotiate a convention (Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962–, 32 vols. Sec. of State Ser., 1986–, 8 vols. Pres. Ser., 1984–, 6 vols. Ret. Ser., 2009–, 1 vol. description ends , Sec. of State Ser., 2:380–1; King, Life description begins Charles R. King, ed., The Life and Correspondence of Rufus King: Comprising His Letters, Private and Official, His Public Documents and His Speeches, New York, 1894–1900, 6 vols. description ends , 4:47–8; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:424). (12) King to same, 11 Jan. 1802; accompanied, according to the “List of papers,” by a communication from King to Lord Eldon, the lord chancellor, of 22 Nov. 1801, and “Mr. King’s Memoir on the subject of his negociations with the British Ministry” (Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962–, 32 vols. Sec. of State Ser., 1986–, 8 vols. Pres. Ser., 1984–, 6 vols. Ret. Ser., 2009–, 1 vol. description ends , Sec. of State Ser., 2:383–5; King, Life description begins Charles R. King, ed., The Life and Correspondence of Rufus King: Comprising His Letters, Private and Official, His Public Documents and His Speeches, New York, 1894–1900, 6 vols. description ends , 4:48–51; letter with additional documents, ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:424–6).

In June 1801, TJ and the cabinet agreed to allow Rufus King to continue his negotiation for a lump-sum settlement of British creditors’ claims against American citizens that had been filed according to the provisions of ARTICLE 6 of the Jay Treaty; see Notes on Resolution of American Debts to British Creditors, Vol. 34:323–7.

NOW COMMUNICATED FOR YOUR ADVICE AND CONSENT: Meriwether Lewis delivered the message and papers on 29 Mch. The Senate took the matter up on 3 Apr., a Saturday, and returned to the issue the following week. On the 6th, the Senate asked TJ for information about the amount of the claims (see TJ to the Senate, 8 Apr.). The Senate again considered the convention on 8, 12, and 15 Apr., requesting information from TJ on the 12th about claims under Article 7 of the Jay Treaty (see Madison to TJ, 16 Apr.).

BEING ORIGINALS: TJ evidently had Lewis draw up a list of the documents that accompanied the message. That record, titled “A List of papers, forwarded by the President of the UStates to the Senate on the of 1802, relative to, and containing the negociations of Mr. King with the British Court,” identifies the eleven dispatches from King, some of them with additional documents “annexed,” that TJ sent to the Senate, along with the text of the convention, on 29 Mch. (MS in DLC: TJ Papers, 121:20978; entirely in Lewis’s hand, arranged in columns for dispatch number, date, and “Nature of Document”). The papers that were subsequently filed with this message in the Senate’s records and printed with it in the American State Papers constitute a later, larger compilation of copies and extracts of documents that spans from February 1799 to April 1802 (DNA: RG 46, EPFR, 7th Cong., 1st sess.; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832–61, 38 vols. description ends , Foreign Relations, 2:383–428). That compilation includes several documents that were not among the papers that TJ sent to the Senate on 29 Mch.

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