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SCHEDULE referred to in the preceding Treaty.

Schedule of His Highness the Nizam's Territorial Acquisitions by the Treaty of Seringapatam, dated the 18th May, 1792, and by the Treaty of Mysore, dated the 22nd June, 1799, and which, in conformity to the Vth and VIth Articles of the Treaty of 1800, are now, together with the Talook of Adoni, and all other Tulooks situated to the South of the Rivers Toombuddrah and Kistnah, ceded in full and in perpetuity to the Honourable East India Company.

List of Talooks acquired by the Treaty of Seringapatam.
C. Pagodas F. A.

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List of Talooks acquired by the Treaty of Mysore.

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Districts situated North of the Toombuddrah, which, conformably to the VIth Article of the Treaty of 1800, remain with His Highness the Nizam, to be deducted from the above, as follows:

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Villages of the Anagoondy District, situated to the
North of the Toombuddrah....

Villages of the Tukkulcotah District, situated like

wise North of the Toombuddrah.........................

Retained by His Highness the Nizam

C. Pagodas. F. A.

855 0 0

2,96,780 00

Remains to the Honourable Company C.Pagodas 18,13,188 4 3

Add the Adoni Country, which, together with all His Highness's remaining Possessions South of the Toombuddrah, is, by the VIth Article of the said Treaty, ceded, in exchange for the above

Districts, to the Honourable Company... Rupees. 8,34,718 12 0

A true Copy,

J. A. KIRKPATRICK, Resident.

MESSAGE from the President of The United States to Congress, transmitting Correspondence, (1815, 1816,) relative to the execution of the 1st Article of the Treaty of Peace, of 1814, between The United States and Great Britain, concerning the Restitution of certain Slaves captured during the War.-7th February, 1817.

TO THE SENATE OF THE UNITED STATES,

I TRANSMIT to the Senate a Report of the Secretary of State, complying with their Resolution of the 28th of last month.

JAMES MADISON.

7th February, 1817.

Department of State, 5th February, 1817.

THE Secretary of State, to whom has been referred the Resolution of the Senate of the 28th of last month, requesting the President to cause to be laid before the Senate such information as he may possess, touching the execution of so much of the Ist Article of the late Treaty of Peace and Amity between His Britannic Majesty and The United States of America, as relates to the Restitution of Slaves, has the honor to submit to the President the accompanying Papers, marked A, B, C, D and E, as containing all the information in this Department supposed to be called for by the said Resolution.

All which is respectfully submitted,

JAMES MONROE.

LIST.

Page

(A).-Correspondence with the British Chargé d'Affaires at

Washington

(B.)-Communications from the American Commissioners in

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(C.)-Communications from the American Agents, sent to

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....1815.

(D.)-Communications from the American Agent at Ber

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(E.)-Correspondence with the American Minister in Lon

268

272

276

285

............1815, 1816. 291

(A.)—CORRESPONDENCE with the British Chargé d'Affaires at Washington.-1815.

(Extract.)

The Secretary of State to Mr. Adams.

Washington, 11th May, 1815. I AM Sorry to have to state, that the British Naval Commanders have construed the Stipulation in the Treaty, not to carry off with their Forces the Slaves whom they had taken from our Citizens, differently from this Government.

My Correspondence with Mr. Baker, of which a Copy is enclosed, will show the ground of this difference, which appears to be so decidedly in favor of The United States, that it has excited surprise that it should have existed, and still greater that the British Officers should have acted on their construction, by removing the Slaves in question. Mr. Baker makes a distinction between the Slaves who were in British Ships of War in our waters, and those who were in the Posts held by their Forces at the time of the exchange of the Ratifications of the Treaty, but I think without reason. It seems to have been the intention of the Parties, and to be the clear import of the Article, that they should carry off no Slaves that were then within our Limits. They were as much in the possession and under the authority of the British Commanders in the Forts or other Places held by their Troops on the Land, as in their Vessels. It was as much a carrying away in the one instance as in the other; and the injury to the Proprietors of the Slaves was the same. In short, I see no ground for such a distinction. The United States have a right either to the restitution of all these Slaves, or to compensation for their loss.

I shall forward to you, without delay, a List of those thus removed, with an estimate of their value, the payment of which, if the Slaves themselves are not restored, you will claim of the British Government. Mr. John Quincy Adams. JAMES MONROE.

SIR,

(Enclosure 1.)-The Secretary of State to Mr. Baker, Chargé

d'Affaires of His Britannic Majesty.

Washington, 1st April, 1815. I REGRET to have to state, that the Commanders of His Britannic Majesty's Naval Forces in the Chesapeake and on Cumberland Island, and other Islands off the Southern Coast, have construed the stipulation in the 1st Article of the Treaty of Peace, lately concluded between The United States and Great Britain, very differently from what is thought to be a just construction of it by this Goverument. They comprise Slaves and other private property, under the same regulation with Artillery and other public property, and contend that none ought to be restored, except such as were, at the time of the exchange of the Ratifications of the Treaty, in the Forts and Places where they were originally taken.

By the Ist Article of the Treaty it is stipulated, "that all Territory, Places and Possessions whatsoever, taken from either Party by the other, during the War, or which may be taken after the signing of this Treaty, excepting only the Islands hereinafter mentioned, shall be restored without delay, and without causing any destruction or carrying away any of the Artillery or other public property originally captured in the said Forts or Places, and which shall remain therein, upon the exchange of the Ratifications of this Treaty, or any Slaves or other private property."

A very obvious distinction exists between private and public property, and there may be, and often is, a strong motive for destroying the one, when there can be none for destroying the other. It frequently happens, in surrendering Territory by a Treaty of Peace, that the Party withdrawing, stipulates a right to destroy the Fortifications in its possession, and to carry away or destroy the Artillery or Munitions of War in them; but it is believed that no example can be found of a Stipulation to authorize the destruction of private property of any kind, especially Slaves. Equally strange would a Stipulation be not to destroy them.

The terms of the Article preserve this distinction between public and private property, between Artillery and Slaves, in a guarded manner. All Territory, Places, and Possessions, with a particular exception, shall be restored without destroying or carrying away any of the Artillery or other public property, originally captured in the said Forts or Places, and which remain there upon the exchange of the Ratifications. So far the Stipulation acts upon proper subjects and conforms to usage. Extend it to Slaves and other private property, and how in. consistent and unnatural the application! Had it been intended to put Slaves and other private property on the same ground with Artillery and other public property, the terms "originally captured in the

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