Called at the Foreign Office by the invitation of Lord Clarendon. He presented me a printed treaty in blank, which he proposed should be executed by Great Britain, France and the United States. The chief object of it was that all captains of privateers and their crews should be considered and punished as pirates, who, being subjects or citizens of one of the three nations who were neutral, should cruise against either of the others when belligerent. The object undoubtedly was to prevent Americans from taking service in Russian privateers during the present war. We had much conversation on the subject, which I do not mean to repeat, this memorandum being merely intended to refresh my own memory. His lordship had before him a list of the different treaties between the United States and other nations on this subject. I was somewhat taken by surprise, though I stated my objections pretty clearly to such a treaty. Not having done justice to the subject in my own opinion, I requested and obtained an interview for the next day, when I stated them more fully and clearly. The heads were as follows: 1. It would be a violation of our neutrality in the war to agree with France and England that American citizens who served on board Russian privateers should be punished as pirates. To prevent this, Russia should become a party to the treaty, which, under existing circumstances, was impossible. 2. Our treaties only embraced a person of either nation who should take commissions as privateers, and _did not extend to the crew_. Sailors were a thoughtless race, and it would be cruel and unjust to punish them as pirates for taking such service, when they often might do it from want and necessity. 3. The British law claims all who are born as British subjects to be British subjects forever. We naturalize them and protect them as American citizens. If the treaty were concluded, and a British cruiser should capture a Russian privateer with a naturalized Irishman on board, what would be the consequence? The British law could not punish him as an American citizen under the treaty, because it would regard him as a British subject. It might hang him for high treason; and such an event would produce a collision between the two countries. The old and dangerous question would then be presented in one of its worst aspects. 4. Whilst such a treaty might be justly executed by such nations as Great Britain and the United States, would it be just, wise or humane to agree that their sailors who took service on board a privateer should be summarily tried and executed as pirates by several powers which could be named? 5. _Cui bono_ should Great Britain make such a treaty with France during the existing war. If no neutral power should enter into it with them, it could have no effect during its continuance.