at the same periods, and in the same manner, as the three crowns aforesaid, and their subjects and possessions, respectively. It appears, however, that many vessels which were taken after the expiration of one month from the 3d of February, 1783, the day of the ratification of the said preliminary articles, within that part of the ocean which lies between the channel and north seas, and the Canary Islands, have not been restored; but, on the contrary, in some instances, such vessels have been condemned as lawful prizes upon an opinion that the words "as far as," said to be used in the preliminary articles, meant the distance from Paris to the southermost part of the Canaries.

It must be obvious to your Lordship, that this construction is extremely foreign from the intention of the contracting parties who never had Paris in contemplation as a boundary of the region of one month, nor as any limit of a measure of distance. The channel and north seas being expressly marked as the northern boundary, and the southernmost Canary as the southern, and every part of the ocean, from the channel and north seas, up to the Canary Islands, inclusively, is comprehended.

Indeed, the words "as far as," are scarcely a proper translation of the words "jusqu'aux," in the article of the treaty. The original words are "depuis la Manche et les Mers du nord jusqu'aux Isles Canaries," and not "depuis Paris jusqu'aux Isles, &c. &c."

The intention of the contracting parties is so clear, and their expression so plain, that it is not easy to account for the misinterpretation of them; but as many lawsuits are depending upon the point, and several AmeriVOL. IV.-32

cans are now in London waiting the decision of them, I do myself the honor to propose to your Lordship a particular convention to determine all those controversies, on both sides, by inserting the words "jusqu'a la latitude des Isles Canaries," instead of "jusqu'aux Isles Canaries," and also the words, "depuis la latitude des dites Isles Canaries," instead of "des dites Isles Canaries," it being apparent from the mention of Mediterranean, as in the same stage of one month between the channel and north seas on the north, and the Canaries on the south, and the equinoctial line as the next stage, that the line of latitude of the southern Canary was intended.

I have the honor to be, &c.

JOHN ADAMS.

FROM JOHN ADAMS TO LORD CARMARTHEN.

My Lord,

Grosvenor Square, July 27, 1785.

Since the letter which I did myself the honor to write to your Lordship, relative to the construction of the armistice, I have received further information from America, which I beg leave to communicate to your Lordship.

The first judgment rendered on a mistaken interpreta-. tion of the armistice appears to have been at New York, where all American vessels taken within the second month were condemned as lawful prize by the Judge of Admiralty. The fame of these decrees having reached Connecticut and Rhode Island, it is said that similar

decrees were rendered, by the inferior Courts of Admiralty there, against British vessels. There is, my Lord, a Court of Admiralty in each of the United States, but by our constitution an appeal lies from all of them to a Court appointed by the United States in Congress assembled, for receiving and determining finally appeals in all cases of capture.

If the parties interested in the decrees in Connecticut and Rhode Island, had appealed to the Supreme Court, those decrees would certainly have been reversed; because every cause, which ever came before that Court, upon the point in question has been decided in favor of the British owner of the vessel; and should a declaration be now made of the true intention of the contracting parties, the British owners, against whom the decrees were rendered in Connecticut and Rhode Island, may still appeal and have justice, if the time limited is not passed; if it is, by an application to the legislatures of those States, there is no doubt to be made, that an appeal would be granted under the present circumstances, notwithstanding the lapse of time.

The decisions in the Court of Admiralty of Massachusetts, and all other States have been conformable to the judgment of the Supreme Court of Appeals; that is to say, conformable to the true intention of the armistice; and it is with pleasure that I add, the judgments of his Majesty's Court of Admiralty, at Halifax, have been the

same way.

The words of the armistice are supposed to be the same which have been constantly used in every treaty of peace for the last hundred years, and it is not known that there ever was before any doubt or difference of

opinion concerning the construction of them. In order to establish confidence between the two countries, my Lord, it is necessary there should be a mutual confidence in each other's tribunals of justice, which can hardly exist while such various interpretations are given of so plain a point, by different Courts in each nation.

In order to settle all disputes upon this subject upon one principle, I have the honor to propose to your Lordship that a declaration should be made in the form enclosed, or to the same effect in any other form, which to your Lordship may appear more proper.

With great respect, &c.

JOHN ADAMS.

DECLARATION.

WHEREAS, by the first article of the Preliminary Treaty of Peace, between the crown of Great Britain and the crown of France, signed at Versailles, on the twentieth of January, 1783, it was stipulated in these words, viz:

"As soon as the preliminaries shall be signed and ratified, sincere friendship shall be re-established between His Most Christian Majesty and His Britannic Majesty; their Kingdoms, States, and subjects, by sea and by land, in all parts of the world; orders shall be sent to the armies and squadrons, as well as to the subjects of the two powers, to stop all hostilities, and to live in the most perfect union; to forget the past, their Sovereigns showing the example, and for the execution of this article, seapasses shall be given on each side for the ships which

shall be despatched to carry the news of it to the possessions of the said powers."

And by the 22nd article of the same treaty it was stipulated in these words:

"In order to prevent all causes of complaint and dispute which may arise on account of prizes that may be taken at sea after the signing of these preliminary articles; it is reciprocally agreed that the vessels and effects which may be taken in the channel and in the north seas, after the space of twelve days, to be computed from the ratification of these preliminary articles; shall be restored on each side; that the term shall be one month from the channel and the north seas, as far as the Canary Islands, inclusively; whether in the ocean or in the Mediterranean; two months from the said Canary Islands, as far as the said equinoctial line or equator; and lastly, five months in all other parts of the world, without any exception or any other distinction, more particular, of time and place.

"And whereas, on the said twentieth day of January, 1783, it was agreed, and by instruments signed by the Minister Plenipotentiary of his Britannic Majesty, in behalf of his Majesty on one part, and by the Minister Plenipotentiary of the United States of America in behalf of the said United States on the other: It was mutually declared, that the said United States of North America, their subjects, and their possessions, and his Britannic Majesty, his subjects and possessions, should be comprised in the suspenssion of arms abovementioned, and that they should consequently enjoy the benefit of the cessation of hostilities at the same periods and in the