es, to be enacted by law; but
as the preamble to this proposition read, "Whereas it is not lawful
for a belligerent to impress or carry off, from on board a neutral,
seafaring persons _who are not the subjects of the belligerent_,"
there was admitted implicitly the right to impress those who were such
subjects, the precise point at issue. The Americans therefore
pronounced it wholly inadmissible, and repeated that no project could
be adopted "which did not allow our ships to protect their crews."

The provision made indispensable by the United States having thus
failed of adoption, the question arose whether the negotiation should
cease. The British expressed an earnest desire that it should not, and
as a means thereto communicated the most positive assurances from
their Government that "instructions have been given, and will be
repeated and enforced, for the observance of the greatest caution in
the impressing of British seamen; that the strictest care shall be
taken to preserve the citizens of the United States from molestation
or injury; and that prompt redress shall be afforded upon any
representation of injury."[163] To this assurance the American
commissioners attached more value as a safeguard for the future than
past experience warranted; but in London they were able to feel, more
accurately than an official in Washington, the extent and complexity
of the British problem, both in actual fact and in public feeling.
They knew, too, the anxious wish of the President for an accommodation
on other matters; so they decided to proceed with their discussions,
having first explicitly stated that they were acting on their own
judgment.[164] Consequently, whatever instrument might result from
their joint labors would be liable to rejection at home, because of
the failure of the impressment demand.

The discussions thus renewed terminated in a treaty of amity,
commerce, and navigation, signed by the four negotiators, December 31,
1806. Into the details of this instrument it is unnecessary to go, as
it never became operative. Jefferson persisted in refusing approval to
any formal convention which did not provide the required stipulation
against impressment. He was dissatisfied also with particular details
connected with the other arrangements. All these matters were set
forth at great length in a letter[165] of May 20, 1807, from Mr.
Madison to the American commissioners; in which they were instructed
to reopen negotiation