(26).-The Count de Lapa to General Dearborn. (Translation.) Lisbon, 12th March, 1823. THE Undersigned has the honour of informing his Excellency General Dearborn, Envoy Extraordinary and Minister Plenipotentiary from The United States, of His Most Faithful Majesty's invariable desire for the conclusion of a Treaty with The United States. The same reasons that have been expressed to his Excellency, of there being no difficulties to its conclusion, subsist, and the state in which the Negotiation may be considered to be, is an incontestible proof of it. The good faith, with which His Majesty praises himself, of corresponding to the sentiments of the Government of The United States, and its not urging for brevity, have retarded the proceedings, where extraordinary concurrences have happened.

This frank declaration seems to the Undersigned as answering the different points mentioned by His Excellency in his Letter and histocal Sketch of the Negotiation.

The Undersigned avails himself, &c.

THE COUNT DE LAPA.

Gen. Dearborn. (27.)-General Dearborn to M. Pinheiro, Minister of Foreign Affairs, Lisbon, April 18, 1823.

THE Undersigned, Envoy Extraordinary and Minister Plenipotentiary of The United States, near his Most Faithful Majesty, having very recently seen what is stated to be a Decree of His Most Faithful Majesty, dated March 12th, 1823, relating to the Treaty of 1810, between Portugal and Great Britain, and particularly to the 15th Article of the said Treaty: the confidence which he has in the candour of His Excellency Mr. Pinheiro, Minister of Foreign Affairs, induces him to take the liberty of asking his Excellency whether this Decree, or the pending Negotiations of the new Treaty between Portugal and Great Britain, referred to in the Decree, will interfere, in any manner, with the Negotiations respecting the Treaty between Portugal and The United States, which has been proposed, and, to a certain extent, mutually agreed on.

If, from the above-mentioned Decree, or from the pending Negotiation with Great Britain, or from any other consideration, a temporary suspension of the Negotiation between Portugal and The United States would be convenient to the Government of His Most Faithful Majesty, the Undersigned will readily acquiesce in such a suspension. The Undersigned renews to his Excellency, &c.

H. E. Mr. Pinheiro.

HENRY DEARBORN.

(28.)-M. Silvestre Pinheiro Ferreira to General Dearborn. (Translation.)

Lisbon, 2d May, 1823.

THE Undersigned, Minister and Secretary of State for Foreign Affairs, having before him the Note of General Henry Dearborn,

Envoy Extraordinary and Minister Plenipotentiary from The United States of North America, under date of the 18th of last month, takes pleasure in repeating to his Excellency what he had, verbally, the honour of affirming to him twice before, when his Excellency made him the same request; besides what, a short time since, the Count de Lapa had orders to repeat, in answer to a Letter which His Excellency addressed to him upon the same subject, dated 8th of March last, agreeing, in this point entirely, with the Government of The United States, in regard to the importance of the Treaty in question. The Undersigned, on this occasion, renews, &c.

Gen. Dearborn.

SILVESTRE PINHEIRO FERREIRA.

(29.)-General Dearborn to the Secretary of State.

(Extract.) Lisbon, July 15, 1823. HAVING obtained no satisfactory information from the present Government, in regard to its disposition in relation to commercial regu lations, I addressed a note to the Marquis of Palmella, on the 8th instant, a copy of which I have the honour of enclosing; and on the 12th I received an answer, a copy of which is also enclosed. The Hon. J. Q. Adams.

SIR,

HENRY DEARBORN.

(30.)-General Dearborn to the Marquis de Palmella. Lisbon, 8th July, 1823. PRESUMING that your Excellency has been made acquainted with the measures which have been pursued, in relation to a Commercial Treaty between His Most Faithful Majesty and the Government of The United States of America, and of course, with the basis and principles agreed on by the Count de Lapa, on the part of His Most Faithful Majesty, and by the Undersigned on the part of The United States; the Undersigned will esteem it as a favour, to be informed, as early as may be quite convenient to your Excellency, what may be the present disposition of His Faithful Majesty's Government, in rela tion to a completion of such a Commercial Treaty between the twe Countries, as has already, to a certain extent, been mutually agreed on Be assu ed, that the Und rsigned, &c. H. E. the Marquis de Palmella.

HENRY DEARBORN.

(31.)-The Marquis de Palmella to General Dearborn.

(Translation.) Lisbon, 10th July, 1823. THE Undersigned, Counsellor, Minister, and Secretary of State for Foreign Affairs, having received the Note which, of the date of the 8th instant, General Henry Dearborn, Envoy Extraordinary and Minister Plenipotentiary from the Government of The United States of America, addressed to him, relative to the intended Commercial Treaty between His Most Faithful Majesty, and the Government of

the same United States, has the honour to answer His Excellency, that the present events not having yet permitted a full investigation of this business to be made, the Undersigned will, as soon as possible, apply himself to it, and will then have much satisfaction in inviting His Excellency to a conference.

Upon this occasion the Undersigned repeats, &c. General Dearborn.

THE MARQUIS DE PALMELLA.

(32.)-General Dearborn to the Secretary of State.

(Extract.) Lisbon, July 21, 1823. By the request of the Marquis of Palmella, I waited on him on the 15th instant; his manner and deportment was pleasing; he observed that he had been so constantly occupied with business hitherto, as not to have had it in his power to examine the Correspondence in relation to the proposed Commercial Treaty between Portugal and The United States, but that certainly he would attend to it very soon, and that whatever Commercial Regulations might be framed between the two Countries, to be useful and durable, must be perfectly reciprocal, and that he thought the late Treaty between The United States and Great Britain a good model.

Hon. J. Q. Adams.

HENRY DEARBORN.

(33.)- General Dearborn to the Secretary of State.

(Extract.) Lisbon, October 25, 1823. HAVING received no intimations from this Government, of a disposition for recommencing Negotiations for a Commercial Treaty, begin to doubt whether any further progress may be expected; but a few months more must afford sufficient time for either completing what has so long since been begun, or for ascertaining the real dispositions of this Government on the subject.

Hon. J. Q. Adams.

(Extract.)

HENRY DEARBORN.

(34.)-General Dearborn to the Secretary of State.

Lisbon, November 7, 1823.

THE Vessel by which my other Letters will be conveyed, not having sailed, I have concluded to profit by the delay, by writing a Note to the Marquis Palmella, as my probable last effort for drawing from him the real disposition and intention of this Government, in relation to a renewal of the Negotiation for a Commercial Treaty; a Copy of which Note I have the honour of enclosing. I hope I may receive his answer before the Vessel sails, so that I may have the honour of enclosing it with my other Letters; if not, I will forward it by the earliest opportunity.

Hon. J. Q. Adams.

HENRY DEARBORN.

SIR,

(35.)-General Dearborn to the Marquis de Palmella. Lisbon, November 7, 1823SEVERAL months having elapsed since your Excellency was pleased to say, that you would, as soon as possible, look over the Papers relating to the Commercial Treaty, which had, to a certain extent, been mutually agreed on, by the Count de Lapa, on the part of His Most Faithful Majesty, and myself, on the part of The United States, and that you would give me early notice of your having examined the subject; and your Excellency having been pleased to express an opinion, that a Treaty on the basis of our Treaty with Great Britain would be most desirable, I at the same time informed your Excellency, that my Government did not wish me to press this Government on the subject of a Treaty, but, if it should find it inclined to enter into liberal and reciprocal arrangements, to shew an equal desire, on my part, for forming a Treaty on the basis of the late Treaty between The United States and Great Britain. I have, therefore, waited for a Communication from your Excellency, as proposed at our last Conference at your Excellency's Office; but not having received any intimation of a desire on the part of His Most Faithful Majesty's Government, to renew the Negotiation, I conclude that I may now, with propriety, state to my Government that there is very little, if any, probability, of effecting any commercial arrangement with this Government within the probable term of my mission. My motive for communicating the foregoing ob servations to your Excellency, is no other than that of merely placing the subject once more before your Excellency, in a plain and candid manner, free from any complaint on my part, or a disposition to urge the renewal of the Negotiation.

I renew to your Excellency the assurance, H. E. the Marquis de Palmella.

(Extract.)

& c.

HENRY DEARBORN.

(36.)-General Dearborn to the Secretary of State.

Lisbon, November 27, 1823. On the 12th instant I received a Note from the Marquis de Pal mella, in reply to my Note to him of the 7th, of which I had the honour of enclosing a Copy in my Letter to you, of the 9th. The Marquis proposed a Conference on the 14th, at his Office: I waited on him accordingly; he very candidly admitted, that, previous to the expiration of the term of the 15 Years, stipulated in their Treaty with England, concluded in February, 1810, and to such modifications of said Treaty as would remove the obstacles now existing to a satisfactory arrangement with The United States, the Government of His Most Faithful Majesty could not, with propriety, form any such Treaty with The United States, as is desirable, but that we might, nevertheless, form a short Convention, merely relative to Navigation, which would be a com mencement of such a friendly and reciprocal arrangement as both

Governments desired, which should be on the basis of our Convention with Great Britain. I agreed to make a sketch of such a short Convention, relating to Navigation, as he had proposed, and accordingly made out one and sent it to him on the 19th, a Copy of which I have the honour of enclosing. I met the Marquis on the 22d, when he assured me, that within a very few days, he would communicate to me the result of His Majesty's decision on the sketch I had proposed. I doubt whether the 3d Article will be considered as admissible at present, and whether we shall ultimately agree on any thing that will be of much consequence; but, by the 1st and 2d Articles, some advantage would be gained, as we have so great a number of Vessels entering the Ports of Portugal, compared with the Portuguese Vessels that enter the Ports of The United States.

Hon. J. Q. Adams.

HENRY DEARBORN.

(37.)-PROJECT OF A TREATY.

ART. I.-There shall be a reciprocal liberty of Navigation and Commerce between the United States of America and the Kingdom of Portugal, and such of her Colonies as any other Foreign Nations are, or shall be, allowed to carry on Commerce with.

The Inhabitants of the two Countries, respectively, shall have liberty freely and securely to come with their Vessels and Cargoes to all such Places, Ports, Rivers, and Harbours, in their respective Territories, to which any other Foreign Vessels are or shall be permitted to come; to enter into the same, and remain and reside in any parts of the said Territories, respectively; also, to hire and occupy houses and stores for the purpose of their Commerce; and, generally, the Merchants and Traders of each Nation, respectively, shall enjoy the most complete protection and security for their Commerce, Persons, and Property, but subject always to the Laws and Statutes of the two Countries respectively.

II. No higher Tonnage, Anchorage, Light money, or other charges of any kind, shall be imposed on Vessels belonging to the Subjects of His Most Faithful Majesty, on entering any of the Ports of The United States, whilst remaining in Port, or on clearing out and leaving any of the said Ports, than shall be paid on like Vessels belonging to Citizens of The United States arriving from Foreign Ports, other than those belonging to The United States. Nor shall any higher Tonnage, Anchorage, Light money, or other charges of any kind, be imposed on Vessels belonging to Citizens of The United States on entering any of the Ports of Portugal, or such of her Colonies as Foreign Vessels may be allowed to enter; or while remaining at, or on clearing out and leaving any of the said Ports, than shall be paid on like Vessels belonging to Subjects of His Most Faithful Majesty, arriving from Foreign