IMAGE EVALUATION TEST TARGET (MT-3) ^ o^ 33 WIST MAIN STRUT WMSTH.N.Y. USIO (716) 173-4303 CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. □ Coloured covers/ Couverture de couleur I I Covers damaged/ D D D D D Couverture endommagte Covers restored and/or laminated/ Couverture restaur^ et/ou pellicula I I Cover title missing/ Le titre de couverture manque I I Coloured maps/ Cartes giographiques en couleur Coloured init (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ ReliA avec d'autres documents Fyj Tight binding may cause shadows or distortion along interior margin/ La re liure serrie peut causer de I'ombre ou de la distortion le long de la marge intirieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lors d'une restauration apparaissent dans le texte, mais, lorsque cela Atait possible, ces pages n'ont pas M filmies. Additional comments:/ Commentaires supplimentalras; Th to L'Institut a microfilm^ le meilleur exemplaire qu'il lui a iti possible de se procurer. Les details de cet exemplaire qui sont peut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m6thode normale de filmage sont indiqute ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagies □ Pages restored and/or laminated/ Pages restauries et/ou pelliculies I ~y PagA9 discoloured, stained or foxed/ L^ Pages Th po of fill Or be th< •io oti fin sio or D Pages d6color6es, tachet^es ou piqu^es Pages detached/ Pages d6tach6es Showthrough/ Transparence Quality of prir Qualiti inigale de I'impression Includes supplementary materit Comprend du materiel supplimentaire Only edition available/ Seule Edition disponibie I I Pages detached/ r~l Showthrough/ I I Quality of print varies/ r~n Includes supplementary material/ I I Only edition available/ Th 8h( Tir wli Ml dif enl be] rigl req me Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellament obscurcies par un feuillet d'errata, une pelure, etc., ont M filmies i nouveau de fa^on A obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est filmA au taux da reduction indiqu* ci-dessous. 10X 14X 18X 22X 12X 16X 20X 26X 30X 24X 28X 'B 32X tails du idifier une nage The copy fiimod hora has been roproduc«d thanks to tha ganarosity of: Douglas Library Quaan's Univarsity Tha Imagas appaaring hara ara tha bast quality posslbia consldaring tha condition and lagibility of tha original copy and in Icaaping with tha filming contract spacifications. Original copias in printad papar covars ara filmad baginning with tha front covar and anding on tha last paga with a printad or illuatratad impras- sion, or tha bacic covar whan appropriata. All othar original copias ara filmad baginning on tha first paga with a printad or iilustratad impras- sion, and anding on tha last paga with a printad or iilustratad imprassion. Tha last racordad frama on aach microficha shall contain tha symbol -^ (moaning "COIM- TINUED"), or tha symbol V (maaning "END"), whichavar applias. IMaps, platas, charts, ate, may ba filmad at diffarant raduction ratios. Thosa too larga to ba antiraly includad in ona axposura ara filmad baginning in tha uppar laft hand cornar, laft to right and top to bottom, as many framas as raquirad. Tha following diagrams iliustrata tha mathod: L'axamplaira filmt fut raproduit grica k la gtnArositA da: Douglas Library Quaan's University Las imagas suivantas ont 6ti raproduitas avac la plus grand soin. compta tanu da la condition at da la nattatA da l'axamplaira film*, at an conformity avac las conditions du contrat da fiimaga. Las axamplairaa originaux dont la couvartura an papiar ast ImprimAa sont filmte an comman9ant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'imprassion ou d'iilustration, soit par la sacond plat, aaion la cas. Toua las autras axamplairas originaux sont filmte an comman9ant par la pramlAra paga qui comporta una amprainta d'imprassion ou d'iilustration at an tarminant par la darniAra paga qui comporta une telle amprainta. Un das symboias suivants apparattra sur la darniAra image da cheque microfiche, selon le cas: la symbols -^ signifie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre filmte A des taux de reduction diff6rents. Lorsque le document est trop grand pour dtre reproduit en un seul clichA, il est film6 A partir da I'angia supArieur gauche, de gauche A droite, et de haut an bas. en prenant la nombre d'imagas nteessaire. Les diagrammes suivants iilustrant la mAthoda. rata telure. I A J 32X j * s •■ •: ^ 1 1 ' 4 "■■"-.■ 5 § tJi^n m ij ir n mm •«K ^jf^W'-im ktt A B ■#■■ , A llSTWSEMfaB , -i, ■ ., -"■> ■■■■'■» t ■ tJl^^D OT'ATES ANlj GBBAT.BBrrAHijr f »KOMTRB ^ ■/ ietU^TlTE TREdTT 0:B' PMMCE, 'f SIONBD AT PARIS, 1788 | to THK TREATY OP PEACE, IIOMBB AT GHENT, 1814. > moLVOINO THB ■*,. COirVENTION BBTWBBN MR. KING AND tOftlS^ FVWKESBURT, AHD MONROE AND PIN&NEY'S TREATY, KBJBOTBD BY MB. JBFFERSOIT. BOSTOJ^t MmTED AND PUBLISHBD BY B. O; HOUSE, Congre8g-8tr9it» 18i0. ^,!.':- "¥:k Ml I U5y The EDITH and LORNE PIERCE COLLECTION of CANADI ANA ^eerCs University at Kingston * •^t^^im, .ii,a.in..» N . .^ TREATIES. The DEFINITITE TREATY between Great Bri- tain and the Thirteen United States of America. ^4^ # Jn the t»JM oJthB Most Holy and Undivided TrinUy. IT IwTing pleMed the Dimie Providence to dispose the hearts of the most serene and most potent prinee George the Third, hj the graee of God, king of Great Britain, Fraiiee, and Ireland, de- fender of the fiktth, duke of Bruuwiek and Lanenburg, areh treasurer and prinee eleetor of the I10I7 Roman empire, &e. an^ of the United States of America, to forget all past mismidei standings and differences, that have unhappily interrupted mL. goi^ eorrespoudenee and friendship whieh they mutually wish to restor e v iMid to establish sueh a beneficial and satisfactory inter- course between the two countries, upon the ground of reciprocal advantages and lautnal convenience, as may promote and secure to both peroetuai peace and harmony--and having for this desi- rable end ilread> laid the foundation of peace and reeouciliation, by the provisjpnal articles signe4 at Paris, on the SOth Novem- ber, 1784, by the commissioners empowered on each part, which articles were agreed to be inserted in, and to constitute the trea- ty of peace proposed to be concluded between the crown of Great Britain and the said U. States, but whieh treaty was not to be eon- eluded until terms of peace should be agreed upon between G. Bri- tain and France, and his Britannic mi^esty should be ready to conclude sueh treaty accordingly — and the treatv between Great Britain and France having since been eoneluded, his Britannic liiajestv and the United States of America, in order to cari^ into full e^ct the provisional articles above mentioned, according to the tenor thereof, having constituted and appointed, that is to say, his Britannic majesty on his part, David Hartley, Eicu member of the parliumeot of Great Britain ; and the said Untied Slatei nbf^iso ^ D»JlmHve Treati/. itn their part John Adams, Esq. late a eommissioncr of the Uni- ted States ef Ameriea, at the eoart of Versailles, late delegate in Congress from the state of MaaMtehusetts, and ehief Instiee of the ■aid state, and minister plenipotentianr of the said United States, to their hieh mightinesses the States General of the United Neth- erlands $ Benjamin Franklin, Esq. late delegate in Congress, from the state of Pennsylvania, president of the eonventien of the said state, and minister plenipotentiary from the U. States of Amer- ica, at the eonrt of Versailles } and John Jay, Esq. late president of Congress, ehief justice of the state odT New-Tork, and minister plenipotentiary from the said United States, at the court itf Mad- rid^ito be the plenipotentiaries for conelnding and signing the present definitire treaty } who after haring reciprocally commu- nicated their respective full powers, have agreed upon and con- firmed the following articles. ; Art. I. His Britannic miy**'7 acknowlcdses the said U. States, viz. New-Hampshire, Mas8aehusetts-bay,Rhode»Tsland and Frov- idence plantations, Connecticut,New-York, New-Jersey, Pcnnsyl- ▼ania, Delaware, Mary landjVirginia, North-Carolina, South-Car- olina, and Georgia, to be free, sovereign, and independent states $ that he treats with them as such, and for himself, his heirs and jiuccessors, relinquishes all claims to the government, propriety, and territorial rishts of the same, and every part thereof. Art. II. And that all disputes, which mixht arise in future, on the subject of the boundaries of the said United States, may be prevented, it is hereby agrtted and declared, that the followiog ^♦re and shall be their boundaries, viz. from the nordiwest angle Bbf Nova-Scotia, viz. that angle which is formed by a line drawn due north ft>om the source of St. Croi][ river to the highlands, along the said highlands, which divide those rivers that empty themselves into the river St Lawrence, from those whieh taU in- to the Atlantic ocean, to the northwestemmost head of Connecti- cut river ; thence down along the middle of that river to the for« ty fifth degree of north latitude j from thence by a line due west on said latitude, until it strikes the river Iriquois or Cataraquy ; thence along the middle of said river into Lake Ontario ; through the middle of said lake until it strikes the communication by wa- ter between that lake and Lake Erie ; thence along the middle of said communication into Lake Erie ; through the middle of said lake until it arrives at the water communication between that Uke and Lake Huron ; thence along the middle of said water eonlvunieation into Lake Huron $ thence thro' the middle of said lake to the water communication between that li^e and Lake Su- , perior; thence through Lake Superior northward of the isles ftoval and and Philipeaux to the Long Lake ) thence through the middle of said Long Lake and the water communication between it and the Li^e of the Woods, to the said Lake of the Woods, thence throuf^h th« laid lake to the most north-western point i t1 SI tr of the Uni. fct« delegate in f iostiee of the United States, I United Neth- Dongreii, from ion of the taid Uet of Amer- late president !) and ainister court of Mad" 1 signing the teally eommu- upon and con- aid U. States, and and Frov* rsey, Pennsyl- a, South-Car- indent states ; hit heirs and Bt, propriety, hereof. rise in future, States, may be he following lowest angle a line drawn highlands, that empty hioh liUl in- of Conneeti- r to the for* ne due west !!!ataraquy ; through tion by wa- the middle middle of »n between said water Idle of said d Lake Su- , f the isles hrough the m between e Woods, ern point 10 A . Ihfinitive TrBatjf, thereof, and from thenee on a due west eourse to the rirer Missi- ssippi} thenee by a line to be drawn along the middle of said river Ifississippi until it shall intersect the northeminostpart of the thirty-first degree of north latitude. Sonth, by a line to be drawn due east from the determination of the line last mentioned in the latitude of thirty -Kine degrees north of the equator, t^ the middle of the river Apaktehieola, or Catahouehe ; thenee (Uong the middle thereof to its junetion with the Flint river ; thence •trait to the head of St. Mary's river ; and thenee down along the middle of St. Mary's river to the Atlantic ocean. East by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of Fnndy, to its sooree $ and from its source di- rectly north to the aforesaid highlands, which divide the rivers that fall into the Atlantic ocean, from thosft which fall into the river St. Lawrence, comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines te be drawn due east from the points where the aforesaid boundaries between Nova-Scotia on the one part, and East-Florida on the other, shall respectively touch the bay of Fundy, and the Atlantic ocean, excepting such islands as now are, or heretofore have been within the limits of the said prov- ince of Nqva-Scotia. Art. IU. It is agreed, that the people of the United S tates fhall continue to enjoy, unmolested, the right to take fish of everf kind on the Grand Bank, and on all the other banks of Newfound- land, also in the Gulnh at St. Lawrence, and all other places in the sea, whore the inhabitants of both countries used at any time heretofore to fish. And also, that the inhabitants of the United States %hall have libertv to take fish of every kind on such part of the coast of Newfounaland, as British fishermen shall use (but not to dry or cure the same on that island) and also on the coasts, bays and creeks of all other of his Britannic majesty's dominions in America ; and that the American fisherruon shall have liberty to dry and cure fish in any of the unsettle."! liays, harbors and creeks of Nova Seotia|| Magdalen islands, auTe been Soiiqaerid bv tlie arms of either Arom the other, before tie trriial of the jMid nroTiiioBal artielci in Amorieay it ii a- greed tfiat the iaaie.ehaU 1m restored withont diflealty, and with- •it f»f ntriagany eontpentttiop. Abt. X. The solemn ratiieitions of the present treaty, eip^- 4tied in good die form, shall be exohangod between the eontintet- Ing pttMieo in the spaec of six aumths, et sooner if possible, to be eoMpifted fron the da^ of the signatnre of the present trcatj. In witness whereof, we tke nndersignied, their mimsters plenipoten- tiary, hare in their name, and in virtad of oar fhll powers, sign- ed with our hands, the present definitive treaty, and eansed the seals of ear arms to be fSxed thereto. Done at Piris, this third day vi September, one thonsand sey6ik liupdred and ei^ty three. BATID HARTLEY. lOHN ADAMS. B. FRANKLIN. JOHN JAY. (L. 8.) (L. S.) (L. 8.) (L. 8.) 'M JAYS TREATY. ' ■ TA£ATY of Amity, Gommeree, and Nay^tioD, be« tween his Britannic Mi^iesty and the United States of America, conditionally ratified by the Senate of the United States, at Philadelphia, June 24, 1799« HIS Britannie Maj«sty f&d the United Statei of America, he* ing detiroui, by a Treaty m Amity, Commerce and Navigation, to terminate their differenees in sneh a manner, at, without refer- enee to the merits of their respective complaints and pretensions, mvv be the best calculated to produce mutual satisfaction and good understanding : and also to regulate the Commerce and Naviga-^ tion between their respective countries, territories and people, in such a manner as to render the same reciprocally beneficial and satisfactory ; they have, respectively, named their Plenipotentia-* ries, and given them full power to treat of, and conclude, the said Treaty, that is to say : his Britannic Maiesty has named for his Plenipotentiary, the Right Honorable William Windham, Baron Grenville, of YTotton, one of his Majesty's Privy Council, and his Miyesty's Principal Secretary of State for Foreign Affairs j and the President of the said United States, by and with the advice and consent of the Senate thereof, hath appointed for their Pleni- potentiary, the Honorable John Jay, Chief Justice of the said United States, and their Envov Extraordinary to his Majesty, who have agreed on and concluded the following articles : Art. I. There shall be a firm, inviolable, and universal peaee, and a true and sincere friendship between his Britannic Majesty, his heirs and successors, and the United States of America; and between their respective countries, territories, cities^ towns, and people of ever^ degree, without exception of persons or places. Art. II. His Majesty will withdraw all his troops and garri- sons from all posts and places within the boundary lines assigned by the Treaty of Peace to the United States. This evacuation ■hall take place on or before the first day of June, one thousand seven hundred and ninety-six^ and all the proper measures shall, in the interval, be taken by concert between the government of the Unked States, and his Majesty's Governor General in ximeri- ea, for settling the previous arrangements, which may be necessa- ry respecting the delivery of the said posts : The United States, ..*■_.„ ;# in the any pa Or juri within to enjo be prot or to n be free the pro eontinu pelled of alleg liberty elare tl said.— ^ tion of remain! as havi Art, 'j Majest; ■) also to ^line, fr< :the res( coutinei son's ba rivers a tnerce wdoes nol into the territori territori :; of entry : tween a . establis uor to tl of the U t from th 'I to the 1 is furth to whie • to, and Atlanti . or plac( t Allg ^ ty's »ai( may fre ^ in the n - such gQ •t tioQ, be* ) States enate of leriea, he* ivigation, loiit refer- etensioDSy I and good I Naviga-A leople, in fieial and ipotentia-* if the said id for his nS) Baron il) and his tirsj and le adviee eir Pleni- the said Majesty, s: al peaeey Majesty, riea $ and wns, and places, id ^rri- assigned racuation thousand 'es shall, ament of B Ameri- necessa- 1 States, Jaf8 treaty, » in the mean time, at their discretion, extending their settlements to any part within the said boundary line,exeept within the preeineta Or jurisdiction of any of the said posts. All setUers and tradera Mrithin the preeinets or jurisdiction of the said posts, shall continue to enjoy unmolested, all their pr6perty of every kind, and shall be protected therein. They shall be at full liberty to remain there^ or to remove with all or any part of their effects ; and it shall also be free to them to sell their lands, houses, or effects, or to retain 1 the property thereof, at (heir discretion ; such of them as shall I continue to reside within the said boundary lines, shall not he com- " pelled to become citi^ei^s of the United States, or to take any oath of allegiance to the government thereof; but they shall be at taU liberty so to do if they think proper j and they shall make and de- clare their election within one year alter the evacuation afore- I said.— ^And all persons who shall continue there after the expira-* ' tion of the said year, without having declared their intention of ) remaining subjects of his Britannic Majesty, shall be considered ,^ as having elected to become citizens of the United States. I Art. III. It is agreed, that it shall) at all times, be free to hii ', Majesty's subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary ^ line, freely to pass and repass by land or inland navigation, into : the respective territories and countries of the two parties on the continent of America (the country within the limits of the Hud- son's bay company only excepted) and to navigate all the lakes, rivers and waters thereof, and freely to carry on trade and eom^^ tnerce with each other. But it is understood ^ that this article ^f^does not extend to the admission of vessels of the United States into the seaports, harbors, bays, or creeks of his Majesty's said territories ; nor into such parts of the rivers in his Majesty's said territories as are between the mouth thereof, and the highest port of entry from the sea, except in small vessels trading bonafidehe* : tween Montreal and Quebec, under such regulations as shall be ;: established to prevent the possilMlity of any frauds in this respect; / nor to the admission of British vessels from the sea into the rivers ; of theU.States,beyond the highest ports of entry for foreign vessels I from the sea. The river Mississippi shall however, a4|ordinff ;, to the Treaty of Peace, be entirely open to both parties ;«and u • is further agreed, that all the ports and places on its eastern side« : to whichsoever of the parties belonging, may freely be resorted : to, and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the porta j or places of his Majesty in Great Britain. % All goods and merchandize, whose importation into his Majes* •^ ty's said territoifcs in America shall not be entirely prohibited, 4 may freely, for the purposes of commerce, be carried into the same t in the manner aforesaid, by the citizens of the United States, and ' such goods and merchandize shall be subject to no higher or other 3 10 Jay*8 Treati/, ^^ '*■ duties, Iban would be pa3rable b;|^ his Majesty's subjects on the importation of the same from Europe into the said territories—* And in like manner, all goods and merchandize, whose importa- tion into the United States shall not be wholly prohibited, may freely for the purposes of commerce, be carcied into tlie same, in the manner afo7'-.->^id, by his Majesty's subjects, and such goods and merchandize shall be subject to no higher or other duties, than would be payable by the citizens of the United States on the importation of the same in American Tesseh into the Atlantic ports of the said States. And ali goods not prohibited to be ex- ported from the said territories respectively, may, in like man- ner, be carried out of the same by the two parties respectively ,( paying duties as aforesaid. No duty of entry shall ever be levied by either party on peltrie* brought by land, or inland navigation, into the said territories re- spectively ; nor shall the Indians passing or repassing with their own proper goods and eft'ects, of whatever nature, pay for the same any impost or duty whatever. But goods in bales, or other large packages, unusual among Indians, shall not be considered as goods belonging bona fide to Indians. No higher or other tolls or rates of ferriage than what are or shall be payable by natives, shall be demanded on either side ; and no duties shall be payable on any goods which shall be mere- ly carried over any of the portages or carrying places on either side, for the purpose of being immediately reimbarked and carried to Hume other place or places. But as by this stipulaiion it is only meant to secure to each party a free passage across the portages on both sides ; it is agreed, that this exemption from duty shall extend only to such goods as are carried in the usual and direct road across the portage, and are not attempted to be in any man- ner sold or exchanged during their passage across the same; and proper regulations may be established to prevent the possibility of any frauds in this respect. As this article is intended to render in a great degree the local advantages of each party common to both, and thereby to pro- mote adispcsition favorable to friendship and good neighborhood, it is agreed, that the respective governments will mutually pro- mote tiiis amicable intercourse, by causing speedy and impartial justice to be done, and necessary protection to be extended to all who may be concerned therein. Art. IV. Whereas it is uncertain whether the river Missis- sippi extends so far to (he northward as to be iutersected by a line to be drawn due west from the Lake of the Woods, in the manner mentioned in the Treaty of Peace between his^lajesty and the United States ; it is agreed, that measures shall be taken in con- cert betweon his Majesty's government inAmerica and the govern- ment of the United States, fur making a joint survey of tne said river from one degree of latitude below the fallsof St. Anthony the sai in conl Art intendf said Ti describ Commi One the Pre consent shall a^ they sh posed, ( .*^ nal Coii shall be :, tion, ac them on ■ The sai power t( tit. The iSuch Su iThe sai and seal * Treaty. said riv( ^ its mout . of the st . eeedings and to tl appoint! respecti^ decision thereaft( or diflfen Art. and othe > amount, ^ remain o '^ and that •' peace, n «'d, but a instance; Jay^s Treaty^ 11 [eetson the erritories— f le importa* ibited, may he same, in sueh goodi ther duties, itates on the le Ailantic ed to b« ex- I like man- espectivelyit J on peltriec rritories re- § with their pay for the les, or other considered what are or either Ride ; ill be mere- es on either and carried on it is only he portages I duty shall and direct in any man- same; and possibility !e the local eby to pro- ghborhood, tually pro- d impartial nded to all ver Missis- ed by a line the manner sty and the ken in con- the govern- of tne said t. Anthon? to the prineipal souree or sources of the said river, /tnd also of the parts ftiHaeent thereto ; and that if on the result of sueh survey. It shoold appear that the said river would not be intersected by «uch a line as is above-mentioned, the two parties will ^hereupon praeeed by amicable negoeiation, to regulate the boundary line in that quarter, as well a^ll other points to be adjusted between the said parties, according to justice and mutual convenieuce,*and in confromity to the intent of the said Treaty. Art. v. Whereas doubts have arisen what river was truly intended under the name of the river St. Croix, mentioned in the said Treaty of Peace, and forming a part of the boundary therein described ; that question shall be referred to the final decision of Commissioners to be appointed in the following manner, viz. One Commissioner shall be named by his Majesty, and one by the President of the Uuited States, by and with the adviie and 'I consent of the Senate thereof, and the said two Commissioner!^ ^:, shall agree on the choice of a third $ or if they cannot so agree, they shall each propose one person, and of the two names so pro- ^ posed, one shall be drawn by lot in the presence of the two origi- i nal Commissioners. And the three Commissioners so appointed, % shall be sworn, impartially to examine and decide the said ques- 'l tion, according to such eviaenee as shall respectively be laid before them on the part of the British government and of the U. States. • The said Commissioners shall meet at Halifax, and shall have power to adjoirrn to such other place or places as they shall think yfit. They shall have power to appoint a Secretary, and to employ isuch Surveyors or other persons as they shall judge necessary.-— piThe said Commissioners shall, by a declaration under their hands ^ and seals, decide what river is the river St. Croix intended by the Treaty. The said declaration shall contain a description of the said river, and sjiall particularize the latitude and longitude of its mouth and of its souree. Duplicates of this declaration and of the statements of their accounts, and of the journal of their pro- : eeedings, shall be delivered by them to the agent of his Majesty, and to the agent of the United States, who may be respectively ^, appointed and authorised to manage the business on behalf of tIts ; respective governments. And both parties agree to consider such . decision as final and conclusive, so as that tlie same shall never ■"< thereafter be called into question, or made the subject of dispute or difterenee between them. Art. YI. Whereas it is allcdged by divers British merchants and others his Majesty's subjects, that debts to a considerable > amount, which were bona Jide contracted before the peace, still . remain owing to them by citizens or inhabitants of the U. States; ■y and that by the operation of various lawful impediments since the ' peace, not only the full recovery of the said debts has been delay- ^ ed, but also the value and security thereof have been, in several iustaitccs, impaired and lessened, so that by the ordinary course i% Jfdf8 Treaty, of iadieial pfoeeedinss, the Brituh creditors eannot now obtain, and iietaally have and receive fall and adequate compensMion for the lofsei and damages which they have thereby sustained. It is agreed, that in all snch eases, where full eomftensation for such losses and damages cannot, for whatever teasoii, be actually ob- tained, had and received by the said creditors in the ordinary course of justice, the United States will make full and complete compensation for the same to the said creditors ; but it is distinctly understood, that this provision is to extend to such losses only as have been occasioned by the lawful impediments aforesaid, and is not to extend to losses occasioned by such insolvency of the debtors, or other eanses as would equally have operated to produco •uch loss, if the said impediments had not existed ; nor to such losses or damages as have been occasioned by the manifest delay fir negligence, or wilful omission of the claimant. «For the purpose of ascertaining the amount of any such losses and damages, five Coqimissioners shall be appointed, and author- ised to meet a^d act in manner following, vis. two of them shall he appointed by his Majesty, two of them by the President of the fTnited States, by and with the advice and consent of the Senate thereof, and the fifth by the unanimous voice o^ the other four $ and if they should not agree in such choice, then the Commis- sioners named bv the two parlies shall respectivelv propose one I»erson, and of the two names so proposed, one shall be drawn by ot, in the presence of the four original Coromissbners. When the five Commissioners thus appointed shall first meet, they shall, before they proceed to act, respectively take the fbllowing oath or affirmation, in the presence of each other, which oath or af- Urmation, being so taken and duly attested, shall be entered on the record of their proceedings, viz. ** I, A. B. one of the Commis- sioners appointed in pursuance of the sixth article of the Treaty of Amity, Commerce, and Navigation, between his Britannic Majesty and the United States of America, do solemnly swear (or aflirm,) that I will honestly, diligently, impartially, and carefully examine, and to the best of my judgminS according to justice and equity, decide all such complaints, as, under the said article, shall he preferred to the said Commissioners : and that 1 will forbear to act as a Commissioner, in any case in which 1 may be person- ally interested.'* Three of the said Commissioners shall constitute a board, and shall have power to do any act appertain! ;; to the said commis- sion, provided that one of the Commission! > named on each side, and the fifth Commissioner, shall be present, and all decisions shall be made by the minority of the voices of the Commissioners then present. Eighteen months from the day on which the said Commissioners shall form a board, and be ready to proceed to business, are assigned for receiving complaints and applica ffltps ; but they are nevertheless authorised in any particular e^- ■^1 I 1 Jajfi T>reatyn 13 low obtain, insttion for ained. Itki 911 for such eiuaUy ob- le ordinary id eomplete is distinctly ises only as resaid, and eney of the 1 to prodnee nor to such nifest delay sueh losses and author- f them shall lident of the r the Senate other four ; ^e Commis- propose one be drawn by ers. When , they shall, lowing oath oath or af- itered on the he Commis- the Treaty Britannie ly swear (or id carefully justice and |rlicle, shall ill forbear be person- board, and ^id commis- eaeh side, U decisions imissioners )h the said J' roeeed to applica Vtieular ea- I :^ ■ik '4 i 4 les in which it shall appear to them to be reasonable and just, to extend the said term of eighteen months lor any term not exeeed- ing six months, alter the expiration thereof. The said Commis- sioners shall first meet at Philadelphia, but they shall have pow- er to adjourn from place to place as' they shall see cause. The said Commissioners in examining the complaints and ap- plications so preferred to them, are empowered and required, in pursuance of the true intent and meaning of this article, to take into their consideration all claims, whether of principal or inter- est, or balHiees of principal and interest, and to aetermiiie the same respectiTcly, according to the merits of the several cases, due re- gard being had to all thie circumstances thereof, and as equity and justice shall appear to them to require. And the said Commis- sioners shall have power to examine all such persons as shall come before them, on oath or affirmation, touching the nremines ; and also to receive in evidence, according as they may think must consistent with equity and justice, all written depositions or books or papers, or copies, or extracts thereof, every such deposition, book, or paper, or copy, or extract, being duly authenticated, ei- ther according to the legal forms now respectively existing in the two countries, or in sneh other manner as the said Commissioners shall see cause to require or allow. The award of the said Commissioners or of any three of them as aforesaid, shall in all-eases be final and conclusive, both as to the justice of the claim, and to the amount of the sum to be paid to the creditor or claimant: and the United States undertake to cause the sum so awarded to be paid in specie to such creditor or claimant withont deduction ; and at such time or times, and at •uch place or places as shall be awarded by the said Commission- ers ; and on condition of such releases or assignments to be given bv the creditor or claimant, as by the said Commissioners may be directed : Provided always, that no such payment shall be fixed by the said Commissioners to take place sooner than twelve months from the day of exchange of the ratifications of this treaty. Art. YII. Whereas complaints have been made by divers merchants and others, citizens of the United States, that during the course of the war in which his Majesty is now engaged, they have sustained considerable losses and damage, by reason of ir- regular or illegal captors or condemnations of their vessels and other property, under colour of authority or commissions from his Maiesty ; and that from various circumstances belonging to the said cases, adequate compensation for the losses and damages so sustained cannot now be actually obtained, had and received by the ordinary course of judicial proceedings ; it is agreed, that in all such cases, where adeqvate compensation caniiot, for whatev- er reason, be now actually obtained, had and received by the said merchants and others in the ordinary course of justice, full and ipouiplete compensation for the same will be made by the British 14* Jafs Treaty, ^rerqnieiit tb'tte said complainants. But it \i distinctly onder- Btond that thif provision ii not to extend to such losses or dama- ges as have been occasioned, by the manifest delay or negligence^ or wilful omission of the clatraants. That for the purpose of alcertaining the amount of any such losses and damages, five Oommissioners shall be appointed and authorised to act in London, exactly in the manner direeted with respect to those mentioned in the preceding aVticle, and after having taken the same oath or affirmation {mutatis mutandis) the •ame term of eighteeli months is also assigned for thg^ reception of claims, and they are, in like manner authorised to extend the same in particular eases. They shall receive* testimony) books, papers, and evidence in the same latitude, and exercise the like discretion and powers respecting that subjeet J and shall decide the claims in question according to the merits of the several ca- ses, and to jnnice, equity, and the laws of nations. The award ,of the said Commissioners, or any such three of them as afore- said, shall, in all cases, be final and conclusive, both as to the justice of the claim and the amount of the sum to be paid to the claimant ; and his Britannic Majesty undertakes to cause the same to be paid to such claimant in specie, without any deduc- tion, at such place or places, and at such time or times as shall be awarded by the said Commissioners, and on condition of such releases or assignments to be given by the claimants, as by the said Commissioners may be directed. # And whereas certain merchants and others his Majesty's sub- jects complain, that in the course of the war, they have sustained loss and damage, by reason of the capture of their vessels and mer« ehandise, taken within the limits and jurisdiction of the states, and brought into the ports of the same, or taken by vessels origi- nally armed in ports of the said states : It is agreed, that in all such cases, where restitution shall not have been made agreeably to the tenor of the letter from Mr. Jef- ferson to Mr. Hammond, dated at Philadelphia, Sept. 0, 1708, a copy of which is annexed to this treaty; the complaints of the parties shall be and hereby are referred to the Commissioners to he appointed by virtue of this article, who are hereby authorised and required to proceed in the like manner relative to these as to the other cases committed to them ; and the United States under- take to pay to the complainants or claimants in specie, without deduction, the amount of such sums as shall be awarded to them respectively by the said Commissioners, and at the times and places which in such awards shall be ttpeciiiod ; and on condition of such releases or assignments to be given by the claimants as in the said awards may be directed : and it is further agreed, that not only the now existing cases of both descriptions, but also all snch as »hall exist at the time of exchanging the ratifications of this treaty, shall be considered as being within the provisions) intent, and meaning of this article. aoeoi Ai State perfe tive I ditioi Ar lawfu Unite in the not b( chanc said g island the su highe ish ve goes c Ja/s Treaty^ 19 Art. YIH. It is further agreed, that the Commisaioneri men- tiosed io; this and the two preeeding artiele8» shall be respee- tivelyfiaid in sueh manner >i^*3hall be agreed upon by the two parties ; such agreement being to be settled at the time of the ex- ehange of the ratifications of this treatt. And' all other expen- ses attenaihg the said eommissions, shall be defrayed jointlv by the two parties^ the same being previously ascertained and allow- ed by the majority of the Commissioners. And in the ease of death, sickness, or necessary absence, the plaee of every such Commissioner respectively, shall be supplied in the same manner as such Commissioner was first appointed, and the new Commi»- sioners shall take the same oath or affirmation, and do the same duties. AaT. IX. It is agreed, that BHtish subjects who now hold lands in the territories of the United States, and American eiti> zcns who now holil lands in the dominions of his Mi^esty:, shall continue to hold them according to the nature and tenure of their respective estates and titles therein ; and may grant sell or devise the same to whom they please, in like manner as if they were natives; and that neither they nor their heirs or assigns shall, so far &h may respect the said lands and the legal reme- dies incident thereto, be regarded as aliens. Art. X. ^either the debts due from individuals of the one nation to individuals of the other, nor shares, nor monies which they may have in the public funds, or in the public or private bunks, shall ever in any event of war or national differences, be sequestered or confiscated, it being unjust and impolitic, that debts and engagements contracted and made by individuals hav- ing confidence in each other, and in their respective governments^ should ever be destroyed or impaired by national authority, oa account of national differences and discontents. Art. XI. It is agreed, between his Majesty and the United States of America, that there shall be a reciprocal and entirely perfect liberty of navigation and cpmmerce between their respec- tive people, in the manner,'undcr the limitations, and on the con- ditions specified in the following articles : Art. XII. His Majesty consents, that it ^hall and may be lawful during the time herein after limited, for the citizens of the United States to carry to any of his Majesty's islands and ports in the West-Indies from the United States, in their own vessels, not being above the burthen of sevejity tons, any goods or mer- chandises, being of the growth, manufacture or produce of the said states, which it is or may be lawful to carry to the said islands or ports from the said states in British vessels ; and that the said American vessels shall be subject there to no other or higher tonnage, duties or charges, than shall be payable by Brit- ish vessels in the ports of the United States $ and that the car- goes of the said Americau vessels shall be subject there to no oth-^ t ■ ' * ■+ • ' 10 Jafs IVen^if. er or higher duties or eharges, than shall he payable; on the \\\a articles if imported there from the said states in British vessels. And his Migestyalso consents, that it shall be lawful Air the ■aid American eitisens to purchase, load and carry aiiray in their ■aid vessels to the United Htates, from the said islands and ports, all such articles being of the growth, manufacture or produce of the said islands, as may now by law be carried from thence to the said states in British vessels, and subject only to the same duties and charges on exportation, to whicjh British vessels and their cargoes are or shall be subieet ih similar circumstances. Provided always, that the said American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared, that during the continuance of this article, the United States will prohibit and restrain the carrying any molasses, sugar, coffee, cocoa, or cotton ih American vessels, either from his Majestv's islands, or fi:om the United States, to any part of the world et/oopt the United States, reasonable sea stores excepted. Provided also, that it shall and may be lawful, during the same period, for British vessels to import from the said islands into the United States, and to export from the Uni- ted States to the said islands, all articles whatever, being of the growth, produce, or manufacture of the said islands, or of the United States respectively, which norw may, by the laws of the said states, be so imported and exported. And that the cargoes of the said British vessels shall be subject to no other or higher duties or charges, than shall be payable on the same articles, if so imported or exported in American vessels. It is agreed, that this article and every matter and thing there- in contained, shall continue to be in force during the continuance of the war in which his Majesty is now engaged ; and also for two years from and after the day of the signature of the prelimi- nary or other articles of peace, by whi^h the same may be termi- nated. And it is further agreed, that at the expiration of the said term, the two contracting parties will endeavour further to regulate their commerce in this respect according to the situation in which his Mtuesty may then find himself with respect to the West-Indies, ana with a view to such arrangements as may best conduce to the mutual advantage and extension of commerce. And the said par- ties will then also renew their discussions, and endeavour to agree, whether in any and what cases neutral vessels shall protect ene- my's property ; and in what eases, provisions and other articles, not generally contraband, may become such. But in the mean time, their conduct towards each other in these respects, shall be regulated by the articles herein after inserted on those subjects. Art. Xlil. His Majesty consents, that the vessels belonging to the citizens of the United States of America, shall be admit- ted and hospitably received^in all the sea -ports and harbors of the 1 % f 5' 'l'&^ '..T Jay's Treaty* 17 the liktt i TesieU. il for the f in their jid porta, odnee of henee to the tame isels and kncef. larry and ixpresily 8 article, ying any 1 vesseia, itates, to lable tea le lawful, from the the Uni^ Dg of the or of the IS of the e cargoes ir higher rtieles, if ng there- itinuanee also for prelimi- Ibe termi- |aid term, late their hich his it-lndies, ice to the |said par- to agree, Itect eue- articles, le mean , shall be ibjeets. [elonging admit- )rsofthe British territories iu the East-Indies. And that the citizens of the said United States, may freely carry on a trade between the said territories and the said ITuited States, in all articles of which the importation or exportation respeptiTcly, to or from the said territories shall not be entirely prohibited. Provided only, that it shall not be lawful fur them in any time of war between the British government and any other power or state whatever, to ex- port from the said territories, without the special permission of the British government there, any military stores, or naval stores, or nee. The citizens of the United States shall pay for their vessels, when admitted into the said ports, no other or higher ton- nase duty than shall be payable on British vessels, when admit- ted into the ports of the United States. And they shall pay no other or higher duties or charses, on the importation or exporta- tion of the cargoes of the said vessels, than shall be payable on the same articles when imported or exported in British vessels. But it is expressly agreed, that the vessels of the United States shall not carry any of the articles exported by them from the said British territories, to any port or place, except to some port or place in America, where the same shall be unladen, and such reg- ulations shall be adopted by heth parties,a8 shall from time to time be found necessary to enforce the due and faithful observance of this stipulation. It is also understood that the permission grant- ed by this article, is not to extend to allow the vessels of the Uni- ted States to carry on any part of the c )asting trade of the said British territories ; but vessels going with their original cargoes, or part thereof, from one port of discharge to another, are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of the said states to Kettle or reside within the said territories, or to iro into the in- terior parts thereof, without the permission of the ifritish govern- ment established there ; and if any transgression should be at- tempted against the regulations of the British government in this respect, the observance of the same shall and may be enforced a- gainst the citizens of America in the same manner as against British subjects, or others transgressing the same rule. And the citizens of the United States, whenever they arrive in any port or harbor in the said territories, or if they should be permitted in manner aforesaid, to go to any other place therein, shall always be subject tu the laws, government and jurisdiction of what nature established in such harbor, port or place, according as the same may be. The citizens of the United States may also touch for refreshment at he island of St. Helena, but subject in all respects to such regulations as the British government may from time to time establi^^h there. Art. XiV. There shall be between all the dominions of his Majesty in Europe and the territories of the United States, a re- ciprocal and perfect liberty of commerce and navigation. The people and inhabitants of tb(i two countries, respectively shall 3 18 Jay'8 Treati/, have liberty freely and securely, and withoat hindrance and m#« lestation, to eome with their ships and cargoes to the lands, eoun- tries, eities, ports, places, and rivers, within the dominions and territories aloresaid, to enter into the same, to resort there, and to remain and reside there, withont ant limitation of time. Also to hire and possess houses and warehouses for the purposes of their commerce, and generally the merchants and traders on each tide, shall e^joy the most complete protection and security for their commerce ; but subject always, as to what respects this ar- ticle, to the laws and statutes of the two countries respectively. Art. XY. It is agreed, that no other or higher duties shall be paid by the ships or merchandize of the one party in the ports of the other, than such as are paid by the like vessels or merchan- dize of all other nations. Nor shall any other or higher duty ba imposed, in one country, on the importation of any articles tho frowth, produce, or manufacture of the other, than are or shall e pavaole on the importation of the like articles being of the erowth, produce, or manufacture of any other foreign country.— «> Nor shall any prohibition be imposed on the eiportation or im- portation of any articles to or from the territories of the two par- ties respeetivelyy which shall not equally, extend to all other na- tions. But the British government reserves to itself the right of im- posing on American vessels entering into the British ports in £urope, a tonnage duty equal to that which shall be payable by British vessels in the ports of America : and also such duty as may be adequate to countervail the difference of dutv now paya- ble on the importation of European and Asiatic goods, when im- ported into the United States in British or in American vessels. The two parties agree to treat for the more exact equalization of the duties on the respective navigation of their subjects and people, in such manner as mav be most beneficial to the two countries. The arrangements n>r this purpose shall be made at the same time, with those mentioned at the conclusion of the twelfth article of this Treaty, and are to be considered as a part thereof. In the interval, it is agreed, that the United States will not impose any new or additional tonnage duties on British ves- sels, nor increase the now subsisting dnTerence between the du- ties payable on the importation of any articles in British or im American vessels. Art. XVI. It shall be free for the two contracting parties, respectively to appoint Consuls for the protection of trade, to reside in the dominions and territories aforesaid ; and the said Consuls shall enjoy those liberties and rights which belong to them by reason of their function. But before any Consul shall act as such, be shall be in the usual forms approved and admitted by the party to whom he is sent ; and it i% hereby declared to be lawfbl and proper, that in case of illegal or imuroper conduct towards the laws or goTernment, a Consul may eitusr be punished acoord- mv whi the W Jaf» Treaty. At ee and mtf^ tindt, eoun- linion* and there, and ime. Also tnrposet of en on eaeh eeurity for ■ts this ar- speetively. es shall be he ports of r merehan* itr duty bo rticles tho re or shall eing of the country.— o tion or im- ie two par- U other na- ght of im- h ports in »ayable by h duty as now pa^a- , when im- m vessels, [oatization bjeets and o the two le made at lion of the as a part ■(tates will ritish ves- en the du- tish or in g parties, trade, to the said Dg to them lall act as tied by the be lawfbl it towards ^d acoord- I '■it 7? ing to law, if the laws will reach the ease, or be dismissed, or •yen sent baek, the offended government assigning to the other their reasons for the same. Either of the parties may except from the residence of Consuls such particular places, as suck party shall judge proper to be so excepted. Art. XVII. It is agreed, that in* all cases where vessels shall be captured or detained on jus^ suspicion of having on board ene- my's property, or of carrying to the enemy any of the articles which are contraband of war ; the said vessel shall be brought to the nearest or most convenient port ; and if aay property of an enemy should be found on board such vessel, that part only which belongs to the enemy shall be made prize, and the vessel shall be at liberty to proceed with the remainder without any impediment. And it is agreed, that all proper measures shall be taken to pre- vent delay, in deciding the cases of ships or cargoes so brought in for adjudication ; and in the payment or recovery of any in- demnification, adjudged or agreed to be paid to the masters or owners of sueh ships. Art. XVIII. In order to regulate what is in future to be es^ teemed contraband of war, it is agreed, that under the said de- nomination shall be comprised all arms and implements serving for the purposes of war, oy land or sea, such as cannon, muskets, nortars, petards, bombs, grenades, carcasses, saueisses, carriages, for cannon, muskets' rests, bandoliers, gun powder, match, salt- petre, ball, pikes, swords, head pieces, cuirasses, halberds, lances, javelins, horse furniture, holsters, belts, and generally all other implements of war ; as also timber for ship building, tar or rosin, copper in sheets, sails, hemp and cordage, and generally whatev- er may serve directly to the equipment of vesseh, un wrought iron and fir planks only excepted; and all the above articles are hereby declared to be just objects of confiscation, whenever they are attempted to be ctrried to an enemy. And whereas the difficulty of agreeing on the precise cases in which alone provisions and other articles not generally contra- band may be r^arded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thenee arise : it is further agreed, that whenever any such articles so becoming contraband, according to the existing laws of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemni- fied ; and the captors, or in their default, the government under whose authority they act, shall pay to the masters or owners of such vessels, the full value of all sueh articles, with a reasonable mercantile profit thereon, toetether with the freight, and also the demurrage incident to such detention. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is either besieged, bloekaded, or invested ; it is agreed; that every 20 JajfB Treaty, veis^ so eireomstaneed, may be turned away from such port or elace, but ihe sliall not be detained, nor her car,fi^o, if not eontra- and, be confiscated, unless after notiee she shall again attempt to enter ; but she shall be permitted to go to any other port or place she may think proper : Nor shall any vessel or goods of either party, that may have entered into such port or place, be- fore the same was beseiged, blockaded or invested by the other, and be found therein after the reduction or surrender of such place, be liable to eonfiseation, but shall be restored to the own- ers or proprietors thereof. Art. XIX. And that more abundant care may be taken for the security of the respective subjects and citizens of the contract- ing parties, and to prevent their snilering injuries by the men of war, or privateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens, shall forbear doing any damage to those of the other party, or commit- ting any outrage against them, and if they act to the contrary, they shall be punished, and ahall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the said damages may be. For this cause all commanders of privateers.before they receive tlieir commissions, shall hereafter be obliged to give before a com- petent judge, sufficient security, by at least two responsible sure- ties, who have no interest in the said privateer, each of whom, togellier with the said commander, shall be jointly and severally bound in the sum of fifteen hundred pounds sterling,^ or if such ships, be provided with above one hundred and fifty seamen or soldiers, in the sum of three thousand pounds sterling; to satisfy ali dama(»es and injuries, which the said privateer, or her officers or rat>u, or any of them may do or commit during their cruise, contrary to the tenor of this Treaty, or to the laws and instruc- tions for regulating their conduct ; and further, that in all cases of aggressions, the said commissions shall he revoked and annulled. It is also agreed, that whenever a judge of a court of admiralty of either of the parties, shall pronounce sentence against any vessel, or goods, or property belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required be delivered to the commander of the said vessel, with- out the smallest delay, he paying all legal fees and demands for the same. Art. XX. It is further agreed, that both the said contracting parties, shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protect, harbour, eonecal or assist them in any manner, but will bring to condign punishment all such inhabitants as shall be guilty of such acts or oflfenees. And all their ships, with the goods or merchandises taken by them I . be seis ho the 'ised in court effects ; ved thi )ect th Art sens oj lence a o to ai arty [to invit ubjeci ..uch ofl #f any ccept { ,ny ves aken b he said "^^ug suci Art. '^ontrac against faid pai hereof, ustice a 'used or Art. larties he othe nd gov( ^hat res and if ai lants, al i' the p esty coi hi' weati 'to the n nto wh ,dmitte( ion of tl i|>ermittc jBssaries ^nd regi ithe circt Im allow fhall be .# Jaifs Treaty. %t b port or it eontra- 1 attempt r port or ji(U0J« of ilace. be- Le other, r of such the owu- taken for contract- le men of ps of war ens. shall r comniiit- contrary, r persons damages, damages By receive )re a com> ible sure- of whom, severally ir if such eamen or to satisfy r oflieers ir cruise, 1 instruc- all cases Annulled. dmiralty inst aoy citizens y of all shall, if |el, with- ands for ^tracting any of jabitants Imanner, las shall laken by them and brought into the port of either of the said parties, shall ;be seized as far as they can be diseovered, and shall be restored 'to the owners, or their factors or agents, duly deputed and author- 'ised in writing by them (proper evidence being first given in the • court of admiralty for proving the property) even lu ease such ,;V effects should have passed into other hands by sale, if it be pro- fved that the buyers knew, or had good reason to believe, or sus- '^^ect that they had been piratically taken. f Art. XXI. it is likewise agreed, that the subjects and citi- »ns of thtt two nations, shall not do any acts of hostility or vio- lence against each other, nor. accept commissiuns or instructions »o to act from any foreign prince or state, enemies to the other party ; nor shall the enemies of one of ihe parties be permitted Ho invite, or endeavor to inlist in their military service any of the J^ubjects or citizens of the other party; and the laws against all fiucu offences and aggressions, shall lie punctually executed. And f;|lf any subject or citizen of the said parties respectively, shall /^ecept any foreign commission, or letters of marque, for arming '^ny vessel to act as a privateer against the other party, and be xkaken by the other party, it is hereby declared to be lawful for |lhe said party to treat and punish the said subject or citizen, hav- ;>|Eug such commission or letters of marque, as a pirate. i Art. XXII. It is expressly stipulated, that neither of the said '.Contracting parties will order or authorize any acts of reprizal 'Against the other or complaints of injuries or damages, unfil the laid party shall first have presented to the other a statement ^hereof, verified by competent proof and evidence, and demanded justice and satisifaetion, and the same shall either have been re- fused or unreasonably delayed. Art. XXIII. The ships of war of each of the contracting |toarties shall at all times be hospitably received in the ports of Jlhe other, their officers and crews paying due respect to the laws |pind government of the country. The officers shall be treated with :^hat respect which is due to the commissions which they bear, " jind if any insult should be offered to them by any of the inhabi- ;|ant8, all offenders in this respect shall be punished as disturbers ioi' the peace and amity between the two countries. — And his Ma- jesty consents, that in case an American vessel, should, by stress ^pf weather, danger from enemies, or other misfortune, be reduced pto the necessity of seeking shelter in any of his Majesty's ports, Into which such vessel could not in ordinary cases claim to be admitted, she shall, on manifesting that necessity to the. satisfac- tion of the government of the place, be hospitably received and permitted to refit, and to purchase at the market price, such nec- essaries as she may stand in need of, conformably to such orders pund regulations as the government of the place, having lespect to "Jthe circumstances of each case, shall prescribe. She shall not 1i>e allowed to break bulk or unload her cargo, unless the same ihall be bonajide necessary to her being refitted. Nor shall she M- £2 Jay*8 Treaty, be permitted to lell any part of her eargo, anless »o much only as nay be neeeitary to defray her expenves, and then not without the express permission of the ^vemment of the place. Nor shall she be obliged to pay anyiduties whatever, except only on sueh arti- cles as she may be peVmitted to sell for the purpose aforesaid. Art. XXlY . It shall not be lawful for any foreign privateers (not being subjects or citizens of either of the said parties) who have commissions from any other prince or state in enmity with either nation, to arm their ships in the ports of either of the said parties, nor to sell what they have taken, nor in any manner to exchange the same ; nor shall they be allowed to purchase more provisions, than shall be necessary for their goine to the nearest port of that prinee or state from whom they obtained their eom- missions. Art. XXV. It shall be lawful for the ships of war and pri- vateers belonging to the said parties respectively, to carry whith- ersoever they please, the ships and goods taken from their ene- mies, without oeing obliged to pay any fee to the officers of the admiralty, or to any judges whatever : nor shall the said prizes when they arrive at, and enter the ports of the said parties, be detained or seized $ neither shall the searehers or other officers of those places visit such prizes (exeept for the purpose of prevent- ing the carrying of any part of the eargo thereof on shore in any Banner contrary to the established laws of revenue, navigation, or commerce) nor shall such officers take cognizance of the validity of sueh prizes ; but they shall be at liberty to hoist sail, and de- part ar speedily as may be, and carry their said prizes to the place mentioned in their commissions or patents, which the com- manders of the said ships of war or privateers shall be obliged to shew. No shelter or refuge shall be given in their ports to such as have made a prize upon the subjects or citizens of either of the said parties ; but if forced by stress of weather, or the dan- gers of the sea, to enter therein, particular care shall be taken to hasten their departure, and to cause them to retire as soon as possible. Nothing in this Treaty contained shall, however, be eonstrued or operate contrary tu former and existing public trea- ties with other sovereigns or states. But the two pai'ties agree, that while they continue in amity, neither of them will, in future, make any treaty that shall be inconsistent with this or the pre- ceding article. Neither of the said parties shall permit the ships or goods be- longing to the subjects or eitizens of the other, to be taken within cannon shot of the coast, nor in any «(f the bays, ports, or rivers of their territories, by ships of war, or others having commissions from any prince, republic, or state whatever. But in ease it should so happen, the party whose territorial rights shall thus have been violated, shall use his utmost endeavours to obtain from the of- fending party, full and ample satisfaction for the vessel or vessels so taken, whether the iame be vessels of war or merchant vessels. Ant (which the mei the don and coi commit should should months fur that ty ; bol •ontrar; deelarei gociatia until th be, shal and not ture ant to reque or minis tnal fri( Art. United by their same, w with mu ther, shi provide! quality ai 'or perso ision and mitted. ^ borne an ceive th( Art. g^ Treaty s cept th( I years, tc this trea whereas i therein c prelimin present y proper n ject of tl before th on that I , place. J ,,aiid the 1 Jafg Treaty* r 98 ARt. XXVr. If at any time, a rupture should take pla^e, (which God forbid !) between his Majesty and the United Mtates, the merehants and oihers of each of the two nations, residing in the dominions of the other, shall have the privilege of remainiac and continuing their trade, so long as they behave peaceably and commit no offeiire against the laws ; and in case their conduct should render them suspected, and the respective governments should think proper to order them to remove, the term of twelve months from the publication of the order, shall be allowed them for that purpose, to remove with their families, affects and proper- ty } but this favour shall not be extended to those who shall act •ontrary to the established laws ; and for greater certainty, it is declared that saeh rupture shall not be deemed to exist while ne« [goeiations for accommodating differences shall be depending, nor until the respective ambassadors or ministers, if suck there shall be, shall be recalled, or sent home on account of such differences, and not on account of personal misconduet, according to the na- ture and degrees of which both parties retain their rights, either to request the recal, or immediately to send home the ambassador ' or minister of the other; and that without prejudice to their mu- tual friendship and good understanding. Art. XXYII. It is further agreed, that hrs Majesty and the United States, on mutual requisitions, by them respectively, or" by their respective ministers^ or officers authorise4^o make the same, will deliver up to justilie all persons, who, being ehai'ged : with murder or forgery, eomitiitted within the jurisdiction of ei- ther, shall-seek an asylum within any of the countries of the other, [provided that this shall only be done on such evidence of crinii- [nality as, according to the laws of the place, where the fugitive for person so barged shall b'e found, would justify his apprehen- jsion and commitment for trial, if the oilence had there been com- j mitted. The expense of such apprehension and delivery shall be borne and defrayed, by those who make the requisition and re- I seive the fugitive. Art. XX y III. It is agreed, that the first ten articles of this [Treaty shall be permanent, and that the subsequent articles, ex- cept the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this treaty shall be exchanged, but sul^ect to this condition, that I whereas the said twelfth article will expire, by the limitation • therein contained, at the enil of two years from the siting the preliminary or other articles of peace, which shall terminate thci [present war io which his Majesty is engaged, it is a^greed, that proper measures shall by concert be taken, for bringing the sub- ject of that article into amicable treaty and- discussion, so early before the expiration of the said term, as that new arrangements Ion that head, may by that time be perfected and ready to take |place. But if it should unfortunately happen, that his Majesty ind the United States, shanld not be able txk agree on such new M Jaifs Treaty. V li . f arrangements, in that case, all the articles of this Treaty, except the first (eu, shall then cease and expire together. Lastly. This Treaty, when the same shall have been ratifi- ed by his Majesty, and by the President of the United States, by and with the advice and consent of the Senate, and the respec- tive ratitications mutually exchanged, shall be binding and obli- gatory on his Majesty and on the said States, and shall be by them respectively executed, and observed, with punctuality, and the most sincere regard to good faith ; and whereas it will be ex- pedient, in order the better to facilitate intercourse, and obviate difiicu.'ties, that other articles be proposed and added to this trea- ty, which articles, from want of time and other circumstances^ cannot now be perfected — it is agreed, that the said parties will, from time to time, readily treat of and concerning such articles, and will sincerely endeavour so to form them, as that they may conduce to mutual convenience, and tend to promote mutual sat- isfaction and friendship ; and that the said articles, after having b<>en duly ratified, shall be added to, and make a part of this Treaty. In faith whereof, we, the undersigned Ministers Pleni- potentiary of his Majesty the King of Great- Britain, and the United States of America, have signed this present Treaty, and have caused to be affixed thereto the seal of our arms. Done at London, this nineteenth day of November, one thousand seven hundred and ninety-four. GREiNVlLLE. (Seal.) JOHN JAY. (Seal.) Additioxal Article. It is further agreed between the said contracting parties, that the operation of ho much of the twelfth article of the said treaty as respectK the trade whicb his said Ma- jesty thereby consents may be carried on between the United States and his islands in the West-Indies, in the manner and on the term& and conditions therein specified, shall be suspended. Explanatory Article. Whureas by the third article of the Treaty of Amiiy, Commerce and ;\avigaiioii, concluded at Lon- don on the lOlh day of Noveinlier, 1794<, between his Britannic ma- jesty and the United States of America, it was agreed, that it should at all times be free to his Majesty^s subjects and to the citizens of the United Slates, and aUo to the Indians dwelling on either side of the boundary line assigned by the Treaty of Peaet; to the UhittMJ .States, freely to pass and repass, by land or inland iiavtgatioij.iiito the respective territories and countries of the two contracting parties on the continent of America (the bay company »»nl> excepted) and to navigate ail the iaki's, rivers and waters thcreoi', and freely to carry on trade and commerce with each oth- er. Hu'iicit to the provisions and limitations contained in the first article ; und whereas by tlu' Ntli article of the treaty of peace and JViciidKliip roiicluded at lireuville, on the .id day of August, 179;), I'oiHcen the United Statcx and the nations ur tribes of Indians culled the Vvyaudots, Dtslttwaies, Shawauecs, Oltuwas. Chippo- ■I ' ' ' *«■ Jay's Treaty* Sf eaty, except been ratifi- d States, by the respec- ig and obli- skatl be by ^tuality, and t will be ex- and obviate to this trea* eumstances) parties will) ich articles, at they may mutual sat- Lfter having >art of this isters Pleni- lin, and the Treaty , an«l i. member, one (Seal.) (Seal.) >en the said the twelfth lis said Ala- the United iner and uu ipcnded. tide of the (led at Loii- ilaiinic raa- eed, that it and tu the dwelling uu ty of Peaet; id or iulaiul s of the two ay company tind waters th each oth« in the tirst f peace and igust, 1794>, of Indiaiisi is. C hippo- was, Pattawatimies, Miamies, Elkias, it was stipulated, that no (lerson should be permitted to reside at any of the towns or hunt- ng camps of the said Indian tribes as a trader, who is not fur- nished with a license for that purpose, under the authority of the United States, which latter stipulation has excited doubts wheth- er in its operation it may not interfere with the due execution of the said article of the Treaty of Amity, Commerce, and naviga- tion ; and it being the sincere desire of his Britannic Majesty, and of the United States, that this point «houId be so explained as to remove all doubts, and to promote mutual satisfaction and friend> ship ; and for this purpose his Britannic Majesty having named for his Commissioner, Phineas Bond, Esq. his Majesty's consul general for the middle and southern states of America (and his Majesty's charge d*affairs to the United States) and the President of the United States having named for their Commissioner, Tim- othy Pickering, Esq. Secr-^tary of State for the United States, to whom, agreeably to the laws of the United States, be has in- trusted this negociation. They the said Commis8ioners,*having communicated (to each other their full powers, have, in virtue of the same, and conform- ably to the spirit of the last article of the said Treaty of Amity, Commerce, and Navigation, entered into this explanatory article, and now, by these presents, explicitly agree and declare, that no stipulations in any treaty subsequently concluded by either of the contracting parties with any other state or nation, or with any Indian tribe, can be understood to derogate in any manner from the rights and free intercourse and commerce secured by the afore- said third article of the treaty to the subjects of his Majesty, and to the citizens of the United States, and Indians dwelling on eith- er side of the boundary line aforesaid ; but that all the said per- sons shall remain at full liberty freely to pass and repfiss, by land or inland navigation, into the respective territories and countries of the contracting parties, on either side of the said boundary line, and freely tu carry on trade and commerce with each other, ac- cording to the stipulatio.ts of the said third article of the Treaty of Amity, Commerce, and Navigation. This explanatory arti- cle, when the same shall have been ratified by his Majesty, and by the President of the United States, by and with the advice and consent of the Senate, and th^^ respective ratifications mutually exchanged, shall be added to make a part of the said Treaty of Amity, Commerce, and Navigation, and shall be permanently binding upon his Majesty and the United States. In witness whereof, we the said Commissioners of his Majesty the King of Great Britain and the United States of America, have signed this explanatory article, and thereto affixed our seals. Done at Philadelphia, this fourth day of May, in the year of our Lord one thousand seven hundred and ninety-six. P. BOND. (Seal.) T. PICKERING. (Seal.) '■•^: Hf ,» #•:» - ■_-■ ^^ \ j*-**^ ^ - CONVENTION. i: ..' Conyention^ or Treaty betweea the United States and Great Britain^ returned unratified by Mr. Jefferson^ in 1803. IN order that the boundaries between the territories of his Bri- tannie Majesty, and those of the United States of America may be more precisely ascertained and determined than has hitherto been done, the parlies have respectively named their plenipoten- tiaries and given them full power to negociate and conclude a convention for this purpose, that is to say, his Britannic Majes- ty has named for his Plenipotentiary, the Right Honourable Rob- ert Banks Johnson, (commonly called Lord Hawkesbury) pne of His Majesty's most honourable Privy Council and his principal Secretary of State for foreign affairs, and the President of the United States, by and with the advice and consent of the Senate thereof, has appointed for their Plenipotentiary, Rufus King, Esq. their Minister Plenipotentiary to his said Majesty, who have a- greed upon and concluded the following articles : Art. I. The line herein after described, shall and hereby is declared to be the boundary betweeii the mouth of the river St. Croix and the bay of Fundy, that .s to say, — a line beginning in the middle of the channel of the river St. Croix at its mouth, as the same has been ascertained by the Commissioners appointed for that purpose, thence direct to the middle of the channel be- tween Point Pleasant and Deer Island : thence through the mid- dle of the channel between Deer Island on the east and north, and Moose Island and Campo Bello Island on the west and south, and round the eastern point of Campo Bello Island to the Bay of Fun- dy. And all the islands and waters northward and eastward of the said boundary, together with the island of Campo Bello situ- ate to the southward thereof, are hereby declared to be within the jurisdiction and part of his Majesty's Provinces of New Brunswick, and the islands and waters southward and westward of the said boundary, except only the island of Campo Bello, arc hereby declared to be within the jurisdiction and part of Massa- ehnsetts, one of the said United States. AuT. II. Whereas it has become expedient that the northwest angle of Nova Wcotia; mentioned and described in the treaty of *^ Convention^ m p«ace, between his Majesty and the United States, should be as- certained and determined, and that the line between the source of the river St. Croix and the said north west angle of Nova Sco- tia, should be run and marked according to the provisions of the said treaty of peace, it is agreed, that for this purpose commis- sioners shall be appointed in the following manner, viz. one com- missioner shall be named by his Majesty, and one by the President of the United States, by and with the advice and consent of the Sen- ate thereof; and the said two Commissioners shall agree in the choice of a third j or if they cannot agree, they shall each pro- pose one person, and of the two names so proposed, one shall be taken by lot in the presence of the two original commissioners ; and the three commissioners so appointed shall be sworn impar- tially to ascertain and determine the said northwest angle of No- va Scotia, pursuant to the provisions of the said treaty of peace ; antl likewise to cause the said boundary line between the source of the river St. Croix, as the same has been determined by the commissioners appointed for that purpose, and the northwest angle of Nova Scotia, to be run and marked according to the provisions of the treaty aforesaid ; the said commissioners shall meet at Bos- ton and have power to adjourn to such other placeorplaeesas they shall think tit , they shall have power to appoint a Secretary, and employ such surveyors and other assistants as they shall judge necessary j (he said commissioners shall draw up a report of their proceedings, which shall describe the line aforesaid, and particularize the latitude and longitude of the place ascertained and determined on as aforesaid, to be the north west angle of Nova Scotia ; the duplicates of which report under the hands and seals of the said commissioners, (or of a majority of them) togeth- er with duplicates of their accounts, shall be delivered to such persons as may be severally authorised to receive the same in be- half of their respective governments, and the decisions and pro- ceedings of the said commissioners, or a majority of them made and had a:^ aforesaid, shall bo final and conclusive. Art. ill. It is further agreed that the said commissioners, af- ter they shall have executed the duties assigned them in the pre- ceding article, shall be, and thev hereby are authorized upon their oaths impartiully to ascertain and determine the northwest- ernmost head of Connecticut river, according to the provision of the aforesaid treaty of peace, and likewise to cause the boundary line described in the said treaty of peace, between the northwest- ernmost angle of Nova Scotia and the said northwesternmost head of Connecticut river, to be run and marked pursuant to the provisions of the said treaty ; the said commissioners shall meet at Boston and shall have power to adjourn to such place or placet as they shall think fi^ ; they shall have newer to apppoint a secre- tary, and employ such surveyors and other assistants as they shall judge ne«e8sary ; th^ said commissioners &hatl draw up a report S8 Convention, of their prueeedings, which shall describe the boundary line afore- said; ana particularize the latitude and longitude of the northwea- temmofit head of Connecticut river ; duplieatea of which report under the hands and seal of the said commissioners, or of a ma- jority of them* together with duplicates of their accounts, shall be delivered to such persons as may be severally authorized to re- ceive the same in behalf of their respective governments ; and the decision and proceedings of the said commissioners, or of a majority of them, made and had as aforesaid, shall be final and conclusive. Art. IV. It is further agreed, that the aforesaid commission- ers shall be respectively paid in sucli a manner as shall be agreed between the two parties j such agreement to he settled at the time of the exchange of the ratification of this Convention ; and all other expenses incurred by the said commissioners ; and in case of the death, sickoeis, or necessary absence, the place of any commissioner shall be supplied in the same manner as such com- missioner was appointed ; and the new cummissiouer shall take the same oath, and do tlie same duties. Art. V. Whereas it is uncertain whether the river Missis- sippi extends so far to the northward as to be intersected by a line drawn due west from the Lake of the Woods, in the manner men- tioned in the Treaty of Peace between his Majesty and the Uni- ted States ; it is agreed, that instead of the said line, the boun- dary of the United States in this quarter shall and is hereby de- clared to be the shortest line which can be drawn between the northwest point of the Lake of the Woods and the nearest source of the river Mississippi ; and for the purpose of ascertaining and determining the north west point of the Lake of the Woods, and the source of the river Mississippi, that may be nearest to the said north west point, as well as for the purpose of running and marking the said boundary line between the same, three commis- sioners, upon the demand of either government, shall be appoint- ed and authorized upon their oaths to act; and their compensa- tion and expenses shall bo ascertained and paid, and vacancies supplied in the manner provided in respect to the commissioners mentioned in the preceding articles ; and the decisions and pro- ceeding of the said conimis$j'ioner$,or of a majority of them, made and had pursuant to this convention, shall be final and conclusive. In faith whereof, we the undersigned Ministers Pleuipotentiarjn of his Britanie Majesty, and of the United States of America, have signed this present convention, and caused to be affixed thereto the Heals of our arms. Done at London, this twelfth day of May, one thousand eight hundred and three. (Signed) HAWKESBURY. (L. S.) RUFUS KING. (L. S.) •*•> MONROE AND PINKNEY'S TREATY. TREATY of Amity, Commerce and Navigation be- tween his Britannic Majesty and the United States of America.* ;e commis- HIS Britannic Majesty and tJie United States of America, being equally desirous to promote and perpetuate the good un- derstanding and friendship which happily subsist between the subjects of the united kingdom and the citizens of the United States, and for that purpose to reguJate the commerce and navi- gation, between their respective countries, territories, and people on the basis of reciprocity and mutual convenience* have respec- tively named their plenipotentiaries, and have given to them full powers to make and conclude a treaty of amity, navigation and commerce, that is to say, his Britannic Majesty has named for his plenipotentiaries, Henry Richard Vassali lord Holland, one of his majesty's privy council, and lord keeper of his majesty's pri- vy seal^ and William lord Auckland, one of his majesty's privy council and president of the committee of council for all matters of trade and foreisn plantations : and the president of the United States, by and with the advice of the senate thereof, hath ap- fointed for their plenipotentiaries, James Monroe and William 'inkney, commissioners extraordinary and plenipotentiaries; who, afier having exchanged their respective full powers, have a- greed on the following articles. Article I. There shall be a 6rm, inviolable and universal peace, and a true and sincere friendship between his Britan- nic majesty, his heirs and successors, and the United States of America, and between their respective countries, territories, cit- ies, towns and people, of every degree, without exception of per- sons or places. Art. II. It is agreed that the several articles of the treaty of amity, commerce and navigation, between his majesty and the United States, made at London, on the 19th da^ of November, 1794, which have not expired, nor as yet had their full operation and etfect, shall be confirmed in their best form, and in their full • This Treaty was not ratified. President JsFFKBSoir rejected it without submittiiifj^ it tu the consideration of the Sertate. ( .'1 30 Monroe and Pinkney*a Treaty. tenor ; and that the contracting parties will also from \iva» ta time enter into friendly explanations on the subject of the said articles* for the purpose of removing all such doubts as may arise or may have arisen as to the true import of the same, as well at for the purpose of renderini^ the said articles more conformable to their mutual wishes and convenience. Aht. III. His Majesty agrees that the vessels belonging to the United States of America, und sailing direct from the ports of the said states, shall be udmittcMl and hospitably received* in all the sea-ports and harbors of the British dominions in the East-Indies. And that the citizens of the said United States, may freely carry on a trade between the said territories and the said United States, in all articles of which the impor- tation or exportation respectively, to or from the said territo- ries, shall not be entirely prohibited. Provided only, that it Mhall not be lawful for them, in aiiy time of war between the British government and any other power or state whatever, to ex- port from the said territories, without the special permission of the British government there, any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels, when admitted into the said ports, no other or higher ton- nage than shall be payable on British vessels, when admitted into the ports of the United States. And they thall pay no higher or other duties or charges, on the importation or export-, ation of the cargoes of the taid vessels, than sh^|l be payable on the same articles when imported or e](ported in British vessels. But it is expressly agreed, that the vessels of the United States ■hall not carry any of the articles exported by them from the said British territories, to any port or place, except to some port or place in America, where the same shall be unladen, and such reg- ulations shall be adopted by both parties,as shall from time to time be fouml lieoessc ry to enforce the due and faithful observance of thik stipulation. It is abo understood that the permission grant- ed by this article, is not to extend to allow the vessels of the Unit- ed States to carry on any part of the coasting trade of the said British territories ; but vessels going with their original cargoes, or part thereof, from one port of discharge to another, are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of the said states to settle or reside within the said lerritorieji, or to go into the in- terior parts thereof, without the permission uf the British govern- ment established there ; and if any transgressions should be at- tempted against the regulations of the British government in this respect, the observance of the sa^iie shall and may be enforced a- gainst the citixensgf America in the sani> iir< jner as against British i^ubjects, or others transgressins; the i>ume rule. And tln> eitizens of the United States, whtneviir they arrive in any port or harbor in the said territories, or if they should be permitted in Monroe and PinJcney^s Treaty, 81 manner aforesaid, to go to any other place therein, shall always he snbjeet to the laws,governnient and jiirisdietion of whatever nature established in saeh harbor, port or place, aeeording as the same may be. The citizens of the United States may also touch for re- freshment at the island of St. Helena, but subject in all respects to such regulations as the British government may from time to time establish there. Akt. IV. There shall be between all the dominions of hii majesty in Europe and the territories of the United States, a re- ciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries respectively shall have liberty, freely and securely, and without hindrance and mo- lestation, to come with their ships and cargoes to the lands, coun- tries, cities, ports, places and rivers, within the dominions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time; also to hire and possess houses, and warehouses, fur the purposes of their commerce ; and generally, the merchants and traders on each side shall enjoy the most complete protection and security for their commerce, but subject always, as to what respects this article, to the laws and statutes of the two countries respectively. AuT. V. It is agreed, that no other or higher duties shall be paid by the ships or merchandize of the one party in the ports of the other, than such as are paid by the like vessels or merchan- dize of all other nations. Nor shall any other or higher duty be imposed, in one country, on the importation of any articles of the growth, produce, or manufiicture of the other, than are or shall be payable on the importation of the like articles being of the growth, produce, or manufacture of any other foreign country.— Nor shall any prohibition be imposed on the exportation or im- portation of any articles to or from the territories of the two par- ties respectively, which shall not equally extend to all other na- tions. But the British government reserves to itself the right of im- posing on American vessels entering into the British ports in Europe, a tonnage duty equal to that which shall at any time bo payable by British vessels in the ports of America, and the government of the United States reserves to itself a right of im- Sosing on British vessels, entering into the ports of the United tates, a tonnage duty equal to that which shall at any time be payable by American vessels in the British ports in Europe. It is agreed that in the trade of the two countries with each other, the same duties of exportation and importation on all goods and merchandise, and also the same drawbacks and bounties shall be paid and allowed in either country, whether such importation or exportation shall be in British or American vessels. Art. VI. The high contracting parties nft having been able to arrange at present by treaty, any commercial intersoursu be- 33 Monroe arid Vinkn^ft Treaty* tween the ferrituries of the United States and hii majesty's islands, and ports in the West-Indies, agree -that until that suk- jeet shall he regulatied in a satisfactory manner, each of the par* ties shall remain in the complete possession of its rights, in re* spect to such an intereoursci Art. YII. It shall be free for the two enntracting parties, respectively to appoint Consuls for the protection of trade, to reside in the dominions and territories aforesaid ; and the said Consuls shall enjoy those liberties and rights which belong to them hy reason of their function. But before any Consul shall act as such, he shall be in the usaal forms approved and admitted by the party to whom he is sent ; and it is hereby declared to be lawful and proper, that, in case of illegal or improper conduct towards the laws or government,a Consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the oflPended government assigning to the other their reasons for the same. Either of the parties may exeept from the residence of Consuls such particular places, as such party shall judge proper to be so excepted. Art. VIII. It is agreed, that in all cases where vessels shall be captured or detained on just suspicion of having on board ene- my's property, or of carrying to the enemy any of the articles which are contraband of war, or for other lawful cause, the said vessel shall be brought to the nearest or most convenient port ; and if any property of an enemy should be found on board such vessel, that part only which belongs to the enemy, or is otherwise cottiiscable, shall be made prize, and the vessel, unless by law sub- ject to condemnation, shall be at liberty to proceed with the re- mainder of the cargo without any impediment. And it is agreed, that all proper measures shall be taken to prevent delay, in de- ciding the cases of ships or cargoes so brought in for adjudica- tion J and in the payment or recovery of any indemnification, adjudged or agreed to be paid to the master or owner of such ships. It is also agreed that in all cases of unfounded detention or other contravention of the regulations stipulated by the present treaty, the owners of the vessel and cargo so detained shall be al- lowed damages proportioned to the loss occasioned thereby, to> gether with tlie costs and charges of the trial. Art. IX. In order to regulate what is in future to be esteem- ed contraband of war, it is agreed that under the said denomina- tion shall be comprised all arms and implements serving for the purposes of war, by land or by sea, such as cannon, muskets, mor- tars, petards, bomb», grenadues, carcasses, saucisses, carriages for cannon, musket rests, bandoliers, gun powder, matches, salt- petre, balls, pikes, swords, head-i^ieces, cuirasses, halberts, lan- ces, javeluis, horse furniture, holsters. btll«, aud generally all Monroe and PinJeney^a Treatyi 8» bth^r implements of war ; as also timber for ship buildin;;, cop^ per in sheets, sail cloth, hemp, and eordage, and in general (with the exception of unwrought iron and fir planks ; and also with the exception of tar and pitch, when not going to a por' ' naval equipment, in which case they shall be entitled to pre-euption) whatever may serve directly to the equipment of vessels ; and all the above articles are hereby declared to be just objects of confis- cation, whenever they are attempted to be carried to an enemy. But no vessel shall be detained on pretence of carrying contra- band of war ; unless some of the above mehtioned articles, not excepted, are found on board of the said vessel at the time it is searched. Art, X. Whereas ih consideration of the distance and of oth- er circumstances incident to the situation of the high contracting parties, it may frequently happen that vessels may sail for a port or place, belonging to an enemy, without knowing that the same is either besieged, blockaded, or invested ; it is agreed, that every vessel so circumstanced, may be turned away from such port or place, but she shall not be detained, nor her cargo, if not contra- band, be confiscated, unless after such notice she shall again at- tempt to enter ; but she shall be permitted to go to any other port or place she may think proper : Nor shall any vessel or goods of either party, that may have entered into such port or place, be- fore the same was besieged, blockaded or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof. Neither of the parties when at war, shall^ during the continu- ance of the treaty, take from on board the vessels of the other, the subjects of the opposite belligerent, unless they be in the ac- tual employment of such belligereut. Art. XI. Whereas diiferences have arisen concerning the trading with the colonies of his majesty's enemies, and the in- structions given by his majesty to his cruisers in regard thereto, it is agreed that during the present hostilities all articles of the growth, produce and manufacture of Europe, not being contra- band of war, may be freely carried from the United States to the port of any colony, not blockaded, belonging to his majesty's eu- mies, provided that such goods shall previously have been enter- ed and landed in the United States, and shall have paid the ordi- nary duties on such articles so imported for home consumption, and on re-exportation shall after the drawback remain subject to a duty equivalent to not less than one per cent, ad valorem, and that the said goods and the vessels conveying the same shall, from the time of their clearance from the American port, be bona fide the property of citizens and inhabitants of the United States; and in like manner that all articles not being contraband of war, and being thw growth and produce of the snemy's colonics, may 84> Monroe and Pinkney^s Treaty. be brought to the United States, and after having been thei* landed, may be freely carried from ihence to any port of Europe, not blockaded, provided such goods shall previously have been 0ntere4 and landed in the said United States, and shall have paid the ordinary duties on colonial articles so imported for home con- ■umption, and on re-exportation shall, afterthe drawback, remain subiect to a duty equivalent to not less than two per cent, ad va- lorem ; and provided that the said goods, and the yesssi convey- ing the same, be bona fide the property of citizens and inhabit- ants of the United States. Provided always, that this article, or any thin^ therein con- tained, shall not operate to the prejudice of any right belonging to either party, but that after the expiration of the time limited for the article, the rights on both sides shall revive and be in full force. Art. XII. And whereas it is expedient to make special pro- visions respecting the maritime jurisdiction of the high contract- ing parties on the coasts of their respective possessions in North America, on account of peculiar circumstances belonging to those coasts, it is agreed that in all eases where one of the said high aontraeting parties shall be engaged in war auJ the other shall be at peace, the belligerent power shall not stop, except for the pur- pose hereafter mentioned, the vessels of the neutral power, or the unarmed vessels of other uations, within five marine miles from the shore belonging to the said neutral power on the American seas. Provided that the said stipulations shall not take eflTeet in fa- vor of the ships of any nation or nations, which shall not hav« agreed to respect the limit afores&i *, as the line of maritime jur- isdiction, of the said neutral state. And it is further stipulated, that if either of the high contracting parties shall be at war with any nation or nations, which shall not have agreed to respect the said special limit or line of maritime jurisdiction herein agreed upon, such contracting party shall have the rii^ht to stop or search any vessel beyond the limit of a cannon shut- or three marine miles from the said coasts of the neutral power, fur the purpose of ascertaining the nation to which such vessel shall belong; and ivith respect to the ships and the property of the nation or nations not having agreed to respect the aforesaid line of jurisdiction, tht belligerent power shall exercise the same rights as if this article did not exist; and the several provisions stipulated by this arti- cle shall have full force and eft'ect only during the continuance of the present treatv. Art. XIII. With respect to the searching of merchant ships, the commanders of tthips of war and privateers shall conduct themselves as favorably as the course of the war then existing may poj^sibly permit towards the most friendly power that may remain usuier, observing as much as possible the acknowledged Monroe and Pinkney^a Treaty, 9i principles and rules of the law of nations ; and for the brtter se eurity of the respective subjects and citizen^ of the contracting parties, and (o prevent their suffering injuries by the men of war or privateers of either party, all commanders of ships of war and Srivateers, and all others the said subjects and citizens, shall for- ear doing any damage to those of the other party, or committing any outrage against them ; and if they act to the contrary, they shall be punisned, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the damages may be. For this cause all commanders of privateers, before they receive their commissions, shall hereafter be compelled to give before a competent judge, sufficient security, by at least two responsible sureties, who have no inttrest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of two thousand pounds sterling, or if such ships be provided with above one hundred and fifty seamen or soldiers, in the sum of four thousand pounds sterling, to satisfy all damages and injuries, which the said privateer, or her officers or men, or any of (hem may do or cusiimit during their cruise, contrary to the tenor of this Treaty, or to the laws and instruc* tious for regulating their conduct ; and further, that in ail cases of aggressions,! he i^aid commissions shall be revoked and annulled. It is also ugieed, (hat whenever.a judge of a court of admiralty of either of the parties, shall pronounce sentence against any vessel, or goodi^ or property belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel, without the smallest delay, he pa} ing all legal fee& and demands for the same. Art. XIV. It is further agreed, that both the said contracting parties, shall not oiiy r fuse to receive any pirates into any of their ports, havens, wr t.iwns, or permit any of their inhabitants to receive, protect, harbour, conceal or assist them in any manner* but will bring to condign punishment all such inhabitants as shall be guilty of such acts or offences. And all their ships, with the goods or merchandises taken by them and brought into the port of either of the said parties, shall be seized as far as they can be discovered, and shall be restored to the owners, or their factors or agents, duly deputed and autho- rised in writing by theui (proper evidence being tirst given in the court of admiralty for proving the property) even in case such sffects should have passed into other hands by sale, if it be proved that the buyers knew, or had good reason to believe, or suspect that thev had been piratically taken. , , Art. 'XV. It is likewise agreed, that the subjects and citi- ZMis of the two nations, shall not do any acts of hostility or vio^ •» Sd Monroe and PinJeney*s Treaty. lenee against each other, nor accept commissiont or instructions ao to act from any foreign prince or state, enemies to the other party; nor shall the enemies of one of the parties be permitted to invite, or endeavor to enlist in their military service any of the subjects or citizens of the other party ; and the laws against ali tuch offences and aggressions, shall be punctually executed. And if any subject or citizen of the said parties respectively, shall accept any foreign commission, or letters of marque, for arming any vessel to act as a privateer against the other party, it is hereby declared to be lawful for the said party to treat and pun- ish the said subject or citizen, having such commission or letters of marque, as a pirate. Art. XVI. It is expressly stipulated, that neither of the said contracting parties will order or authorize any acts of reprizal against the other, on complaint of injuries or damages, until the said party shall first have presented to the other a statement thereof, verified by competent proof and evidence, and demanded justice and satisfaction, and the same shall either have been re- fused or unreasonably delayed. Art. XYII. The ships of war of each of the contracting parties shall at all times he hospitably received in the ports of the other, their officers and crews paying due respect to the laws and government of the country. The officers shall be treated with that respect which is due to the commissions which they bear, and if any insult should be offered to them by any of the inhabi- tants, all offenders in this respect shall be punished as disturbers of the peace and amity between the two countries. — And both con- tracting parties agree, that in ease any vessel of the one should, by stress of weather, danger from enemies, or other misfortune, be reduced to the necessity of seeking shelter in any of the ports of the other, into which such vessel could not in ordinary cases claim to be admitted, she shall, on manifesting that necessity to the sat- isfaction of the government of the place, be hospitably received ^nd permitted to refit, and to purchase at the market price, such necessaries as she may stand in need of,conforniabiy to such orders and regulations as the government of tbc place, haviug respect to the circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall By such allegations, unfounded as they are, the enemy attempts to justify his pretentions of confiscating, as lawful prize, all pro- duce of English industry or manufacture, though it be the prop- erty of neutrals ; of excluding from his harbors erery neutral ves- sel which has touched at any port of his majesty's dominions, though employed in an innocent commerce, and of declaring Great Britain to be i» a state of blockade, though his own naval ports and arsenals are actually blockaded, and he is unable to station any navai force whatever^ before any port of the uuited king- dom. gluch principles are in themselves extravagant and repugnant to the law of nations ; and the pretentions founded on them j though professedly directed solely against Great Britain, tend to alter the practice of war among civilized nations, and utterly to subvert the rights and independence of neutral powers. The un- dersigned cannot, therefore, believe, that the enemy will ever se- riously attempt to enforce such a system. If he should, they are confident that the good sense of the American government will perceive the fatal consequences of such preicntions to neutral commerce, and that its spirit and regard to national honor will prevent its acquiescence in such palpable violations of its rights^ and injurious encroachments on its interests. If however the enemy should carry these threats into execution, and if neutral nations, contrary to all expectation, should acqui- esce in such ursurpations, his majesty might probably be compel- led, however reluctantly, to retaliate in his just defence, and to adopt, in regard to the commerce of neutral nations with his en- emies, the same measures which those nations shall have permit- ted to be enforced against their commerce with his subjects. Tho commissioners of the United States will therefore feel, that at a moment when his majesty aud all neutral nations are threatened 'with such an extension of the belligerent pretensions of his ene- mies, he cannot enter into the stipulations of the preseAt treaty, without an explanation from the United States, of their intentions, or a reservation on the part of his nmjesty in the ease abovemen- tioned, if it should ever occur. The undersigned considering that the distance of the American government renders immediute explanation on this subject impos- sible, and animated by a desire of forwarding the beneficial .vork in which they are engaged, are authorised by his majesty to oon- 4 •■" JV*ote sent with the Treaip 41 1 to va6 general t eoude- 1 that of it is no- state of to mak0 ittempts ail pro- he prop- tral ves- minions, iti'iire'at al ports ) station ed king- piignant n thenij , tend to itterly to The un- ever se- they are leut will t neutral innr will s rightly [ecutioHy d acqiii- eompel- S and to I his en- permit- sts. The hat at ft reateued us eue- treaty, entionsj vemen- fllude the treaty without delay. They proceed to the signature under the full persuasion that before the treaty shall 6e returned from Ameriea with the ratification of the United States, the ene- my will either have formally abandoned or tacitly relinquished his unjust pretentions, or that the government of the United States, by its conauct or assurances, will have given security to his maj- esty that it will not submit to such innovations in the established system of maritime law ; and the undersigned have presented this note from an anxious wish that it should be clearly under- stood on both sides, that without such an abandonment on the part of the enemy, or such assurances, or such conduct on the part of the United States, his migesty will not consider himself bound by the present signature of his commissioners to ratify the treaty, or {precluded from adopting^ such measures as may seeiu necessary br counteracting the designs of his enemy. The undersigned cannot conclude without expressing their sat- isfaction at the prospect of accomplishing an object so important to the interests and friendly connection of both nations, and their just sense of the conciliatory disposition tnanifested by the com- missioners of the United States during the whole course of the negoeiation. (^Signed) To James Monroe^ Sfc. ^c. S^c. William Pinkney, Sfe. Sf«, 8[Ci VASSILL HOLJUAND. AVCRLAJfO. - • v.? t I merican mpus- ai .vurk to oon- rW TREATV OF PEACE- TREATY of Peace and Amity between bis Britan- oic Majesty and the United States of America. HIS Britannic Majesty and the United States of America, desirous of terminating the war which has unhappily subsisted be- tween the two countries, ahd of restoring, upon principles of perfect reciprocity, peace, friendship and good understanding between them, have for that purpose appointed their respective plenipotentiaries that is to say : His Britannic Majesty, on his part hus appouited the Right Honourable James Lord Gambier, late admiral of the wliitc, now admiral of the red squadron of his Majesty's fleet, Henry Goulburn, Esq. a member of the Imperial Parliament, and under Secretary of State, and William Adams, Escj. Doctor of civil Laws: and the President of the United States, by and with the advice and consent of the Senate thereof, has appointed Jolin Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gal- latin, Citizens of the United States, who, after a reciprocal com- munication of their respective full powers, have agreed upon the following articles : Art I. There shall be a firm and Universal Peace between His Britannic Majesty and the United States, and between their respective countries, territories, pities, towns, and people of eve- ry degree, without exception of pltxces or persons. All hostili- ties, both bj sea and land, shal^ cease as soon as this Treaty shall have been ratified by both parties, as hereinafter mentioned. All territory, places and possessions, whafsoever, taken from either party by the other, during (he war, or whieh may be taken after the signing of this Treaty, excepting only, the Islands hereinaf- ter mentioned, shall be restored without delay, and without cans, ing any destruction, or carrying away any of I he artillery or oth- er public property originally captured in the said fort^ or places, and which shall remain therein upon the exchange of the ratifi- ration of this Treaty, or any slaves or oiher private property. — And all archieves, rucordt, deeds and papers, either uf a public * * Treaty of Feace, 43 Britaii' 5rica. America, bsisted be- i of perfect veen them, tiarles that uinted the the white, set, Henry and under :ivil Laws: ulvice and y Adams, Ibert Gal- ocal com- upon the e between een their le of eve- 11 hostili- eaty shall uned. All om either ten after hereinaf* out caii!«« ry or oth- or plnceH, the ratifi- operty. — ' a public nature, or beionging to private persons which in the course of the war, may have fallen into the hands of the oflicers of either par- ty, shall be as far as may be practicable, forthwith restored and delivered to the proper authorities and persous to whum they re- spectively belong. Such of the islands in the bay of Pussamaquoddy as are claim- ed by both parties shall remain in the possession of the party in whose occupation they may be at the time of the exchange of the ratifications of (his treaty, until the decision respecting the title to the said islands shall have been made in conformity with the fourth articli' of this treaty. No disposition made by this treaty, as to such possessions oi the islands and territories claimed by btth parties, sliall in any manner whatever, bu construed to affect the right of either. Art. II. Imnieuiately af!er the ratifications of this treaty by both parties, as herein mentioned, nrdttrs shall be sent to the ar- mies, squadrons, officers, subjects and citizens of the two powers, (o cease from all hostilities : And to prevent all causes of com- plaint which might arise on account of the prizes which may be taken at sea after the said ratifications of this treaty, it is recip- rocally agreed, that all vessels and effects which may be taken after the !^>ace of twelve days from the said ratifications upon all parts of the coast of \ortli America, from the latitude of twen- ty-three degrees north, to the latitude of fifty degrees north, and as far eastward in the Atlantic ocean, as the thirty sixth degree of west longitude from the meridian of Greenwich, shall be re- stored on each side : Tiiat the time shall be thirty days in all other parts of the Atlantic ocean, north of the equinoctial line or equator, aitd the same time frtr the British and Irish channels, for the Gulph r)f .VIcxifo, and all parts of the West-Indien : Forty days for '.he north Seas, fur the Baltic, and fur all parts of the Mediterranean: Sixty days for the Atlantic ocean south of the equator, us far as the latitude of the Cape of Good Hope : Nine- ty days for ''very part of the world south of the equator : And one hundred and twenty days for all other parts of the world, without exception. Art. III. All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the raliticutions of iliis treaty, as hereinafter mentioned, on their pay- ing the debts which they may have contracted during their cap- tivity. The two contraeting parties respectively engage to dis- charge, in specie, the advances which may have been made by the other fur the sustenance and maintenance of such prisoners. Art. IV. Whereas, it was stipulated by the second article of the treaty of peace, of one thousand &even hundred and eighty- three, bulwccn fiis Britannic Majesty and the United Staies of America, that the boundary of the United States should compre- hend all islands williin twenty leagues of any part of the shores 4^ Treaty of Peace. of the United States, and lying between lines to be drawn due oast from the points where the aforesaid boundaries, between No- ra. Seotia, on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy, and the Atlantic ocean, ex- cepting such islands as now are, or heretofore have beeiu within the limits of Kova Scotia; and whereas the several islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the island of Grand Menan in the said Bay of Fundy, are claimed by the United States as being comprehended within their afore- said boundaries, which said islands are claimed as belonging to bis Britannic Majesty, as having been at the time of, and previ- ous to, the afbresaid treaty of one thousand seven hundred and eighty-three, within the limits of the province of Nova Scotia. — In order, therefore, finally to decide upon these claims, it is agreed that thev shall be referred to two Commissioners, to be appointed in the following manner, viz. — One Commissioner shall be ap- pointed by his Britannic Majesty, and one by the President of the United States, by and with the advice and consent of the Senate thereof, and the said two Commissioners, so appointed, shall be sworn impartially to examine and decide upon the said claims ac- cording to such evidence as shall be laid before them on the part of his Britannic Majesty and of the United States respectively. The said Commissioners shall meet at St. Andrews, in the pro- Tince of New Brunswick, and shall have power to adjourn to sirth other place or places as they shall think fit. The said Commis- sioners shall, by a declaration or report, under their hands and sealsf decide to which of the two contracting parties the several islands aforesaid do respectively belong, in conformity with the true intent of the said treaty of peace of one thousand seven hun* dred and eighty-three. And if the said Commissioners shall agree in their decisittn, both parties shall consider such decision as final and conclusive. It is further agreed, that in the event of the two Commissioners differing upon ail or any of the matters so referred to them, or in the event of both or either of the said Commission- ers refusing, or declining, or wilfully omitting, to act as sueh,they shall make jointly or separately, a report or reports, as well to the government of his Britannic Majesty as to that of the United States, stating in detail the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon which they, or eitlier of them, have so refu- sed, decliBcd) or omitted to act. — And his Britannic Majesty, and the government of the United States, hereby agree to refer the report or reports, of the said Commissioners, to some friendly sovereign or state, to be then named for that purpose, and who shall be requcHted ro decide on the differences which may be sta- ted in the said report or reports, or the report of one Commis- sioner, together with the grounds upon which the other Commii- ioners shall have refused, declined, or omitted to act, ai the oast Irawn due tween No- ther, shall oce&Uy ex- eiK within inas in the 'undy, and re el aimed leir afore - longing to ind previ- adred and L Scotia. — t is agreed appointed all be ap- Jent of the the Senate I, shall be claims ac- >u the part spectively. n the pro- irn to such d Commis* hands and he sereral y with the seven hun- ihall agree ion as final of the two so referred tmmission- I sueh,they as well to the United r, and th« en formed, ve so refu- Majesty, ee to refer ae friendly I, and who nay best a* ommis- 6 r Commii- ai the ease Treaty of Peace, 40 may be. And if the Commissioner so refusing, dcclinipg, or omit- ting to act, shall also wilfully omit to state the grounds upon which he has so done, in such manner that the said statement may be referred to such friendly sovereign or state, together with the report of such other Commissioner, then such sovereign or state «hall decide ex parte upon the said report alone. And his Britau' nic Majesty and the government of the United States engage to consider the decision of some friendly sovereign or state to be such and conclusive on all the matter* so referred. Art. V. Whereas neither that point of the highlands lying due north from the source of the river St. Croix, and desiguatea in the former treaty of peac^b|^een the two powers as the north west angle of Nova Scotia, ««h^ the north-westernmost head of Connecticut river, has yet been ascertained ; and whereas that part of the bouudary line between the dominions of the two powers which extend from the source of the river St. Croix directly north to the abovementioaed north-west angle of Nova Scotia, thence along the saiil highlands which divide those rivers that empty themselves into the river St Lawrence from those which fall into the Atlantic ocean to the north- westernmost head of Connecticut river, thence down along the middle of that river to the forty-fifth degree of north latitude ; thence by a line due west on said lati- tude until it strikes the river Iroquois or Cataraguy, has not yet been surveyed; it is agreed, that for these several purposes, two Commissioners shall be appointed, sworn, and authorised, to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in the pre^- lent article. The said Commissioners shall meet at St. Andrews, in the province of New Brunswick, and shall have power to ad- journ to such other place or places as they shall think fit. The said Commissioners shall have power to ascertain and de- termine the points abovementioned, in conformity with the provi- sions of the said treaty of peace of one thousand seven hundred and eighty-three, and shall cause the bouudary aforesaid, from the source of the river St. Croix to the river Iroquois or Catara- guy, to be surveyed and marked according to the said provisions. The said Commissioners shall make a map of the said boundary, and annex to it a declaration under their hands and seals, certi- fying it to be the true map of the said boundary, and particulari- zing the latitude and longitude of the north-west angle of Nova Scctia, of the north-westernmost head of Connecticut river, and of such other points of the said boundary as they may deem pro- per. And both parties agree to consider such map and declaratioB as finally and conclusively fixing the said boundary. And in the event of the said two Commissioners differing, or both, or either of them, refusing or declining, or wilfully omitting to act, such reports, declarations, or statements shall be made by them, or m:..^.' |i6 Treaty of Peace, X either of theui,atid such reference to a rriemll^ govereign or state, shall be made, in all reapeets as in the latter part of the fourth arlicle is etjlaiued, aud iu as full a mauuer as if the fiaaie was herein repeated. Aar. VI. Wlicrcas, by the former treaty of peace, Ihat portion cf the boundary oi' the United States from the point where the forty fifth degree of north latitude strikes the river Irequois or Catara- gua, to the Lake Superior, was declared to be ^* along the middle of said river into Lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and Lake Erie, thence along the middle of said communication into lake JCrie, through the middle ot said lake until it arr.ves at the water communication into the Lake Huf^OU'thcnc^ through the middle of said lake to the water communicatron between that lake and Lake Superior." And whereas doubts have arisen what was the middle of said river, lakes and water communications, and whether certain islands lying in the same, were within the dominions of His Brit- annic Majesty or of the United States : In order, therefore, finally to decide these doubts,they shall be referred to two Commissioners, to be appointed, sworn and authorized to act exactly in the manr ncr directed with respect to those montioned in the next preceding article, unless otherwise specified in this present article — The said commissioners shall meet, in the first instance, at Albany, in the State of New- York, and shall have power to adjourn to such other place or places as they shall think fit. ^ The said commissioners shall by a report or declaration, under their hands and seals, designate the boundary through the said river, lakes, and water communications, and decide to which of the two contracting parties the several islands lying within the said river, lakes, and water communications, do respectively belong, in con- formity with the true intent of the said treaty of one thousand seven hundred and eighty-three. And both parties agree to consider such designation and decisions as final and conclusive. And in the event of the said two Commissioners differing, or both, or eith- er of them, refusing, declining, or wilfully omitting to act, such re- ports, declarations or statements, shall be made by them, or either of them, and such reference to a friendly sovereign or state shall be made in all respects as in the latter part of the fourth article is con- tained, and in as full a manner as if the same was herein repeated. Art. VIL It is further agreed that the said two last mentioned commissioners, after they shall have executed the duties assign«'r either shall be is con- peated. entioned igncd to, uthoriz- g to the n hund- domin- niunica- rthwes- the two jpaHics the several islands lying in the lakes, water communications and rivers, iuiming the said boundary, do respectively belong, in conformity with the true intent of the said Treaty of Peace, of one thousand seven hundred and eighty three ; and to cause such parts of the said boundary, as require it, to be surveyed and marked. The said commissioners shall, by a reporter declaration under their hands and seals, designate the boundary aforesaid, state ti.eir deci- sion on the points thus referred to them, and particularize the lati- tude and longitude of the most noi-th-west«rn point of the Lake of the Woods, of such other part of the Said boundary as they may deem proper — And both parties agree to consider such designation and decision as final and conclusive. And, in the event of the said two tommissioners diHering, or both, or either of them refusing, declining, or wilfully omitting to act, such reports, declarations, or statements, shall be made by them, or either of them, and such re- ference to a friendly sovereign or state, shall be made in all respects, as in the latter part of the fourth article is contained, and in as full a mannnr at if the same wits herein repeated. Art. VIII. The several boards of two Commissioners men- tioned in the four preceding articles, shall respectively have pow- er to appoint a Secretary, &nd to employ such surveyor or other persons as they shall judge necessary. Duplicates of their re- spective reports, declarations, statements and decisions, and of their accounts, and of the journal of all their proceedings shall be delivered by them to the agents of his Britannic Majesty, and to the agents of the United States, who may be respectfully ap- pointed and authorised to Manage the business on behalf of their respective governments. The said Commissioners shall be respectively paid in such man- ner as shall be agreed between the two contracting parties, such agreement being to be settled at the time of the exchange of the ratification of this treaty. And all other expenses attending the said Commissioners shall be defrayed equally by the two parties. And in the case of death, sickness, resignation or neceiisary ab- sence, the place of every such Commissioner respectively shall be supplied in the same manner as such Commissioner was at first appointed, and the new Commissioner shall take the same oath or affirmation, and do the same duties. It is further agreed between the two contracting parties, that in case any of the islands mentioned in any of the preeeding articles, which were in the possession of one of the parties prior to the commencement of the present war between the two countries, should, by the decision of any of the boards of Commissioners aforesaid,or of the sovereign or state so referred to, as in the four next preeeding articles contain- ed, fall within the dominions of the other party, all p*rant8 of land made previous to the commencement of the war by the party hav- ing had such possession, shall be as valid as if such island or islands, had by such decision or decisions, been adjudged to be within the dominions of the party having such possession. , V *■' ■''"' " r.ii.~ J. ;>..-• 48 Tre9t^ qf Peaer/ Abt. IX. The Vi^iMl|N«tM 6f Anerita engage to |H||«tt ml iMMediately alter t|it^|atifie«tion of fkt wesent TrtiiJty to iMMilHiM vnth all the trilN ^r ppitl^ «f Inidlam, witli ^m th^ ma^ he atihnr at (ftelhae d^ek ratiteatian { aM MliWlUi to restore to «|eb trilieii ar «atiai«, retfieetiTely, all tlit paM^ •ittBii, rigKtf ail ffi^S^m^mhitkihej mmj kave enjoyed al^liMa entitlff^ to in one ih na iB t aigirt ItanOreJ and eleven, previoas to •ve^ bostilities : Fmf¥m MITM*^ that sa^ tifh|S or natiom ■fcan ogrjie-to desMtlmall%|ittiHti6t, agaiast tlif^Qiutod Stotei of America, tlMirvdtize^t aad oobfeett, upon thi^ rlrtMilatton of tho present tMa^jr being Mpntd to stteh tribes or ianoilu, and shall so dusiikaeeordiBgil^ And His Britoimie Ma{eityv^|«g. es, on his part, to pnt an^ end tmmediatehr «f^er the ratifitNition of the present treaty, to liostiUties with all the tribes or natio^iji of Indiani* with whom he may be at war at the time of «ueh rati- eation, an^t forthwith to restore to tach tribes or iniliias respee- tively. iJI the possessions, riahts and pri^tlaget, w^iife they may have enjoyed or been entitled to^ in one thousand eicht Imndred and eleven, preyions to sneh hostilities ; Frwitkd muhi^b, l^at •neh tribes or nations shall agree to desist from all hostditiei a- Sunst His Britannie Majttity, and his subjeets, upon the ratifiea- oa of the present treaty being aolifted to sndi tribes or mtioni, and shaft so desii^ aeeordin^T. Aht. X. Whereas the trafiala alayfaii irr«eonetli#l^ with the principles of hamanity aiidjastiee, aad wherens ItotK Bii Hajisty and the United States are d^^iroai af eononuing their effi»rto to promote iU entire abolition, It ii hereby agraed that both the eontraeting parties shall use their best endeavon to aeeom- plith so desirable an object. AaT. XI. This Treaty, when the same shall have been rati- Bed aa both sides, without alteration by either of the eontraetiitt parties, and the ratifications mutually exehanged. shall be bind- ^n% aa both parties, and the ratifications shall be exchanged tJL WaihsBcton, ia the space e^foar months firom thitday, or sooaer if fraetieable. a la &ith whereof, wa, the respeetire Plenipateatiariat hava signed this Treaty, aad have therenato alBxed oar seals. I>Me,lB triplieate, at Gheat, the tweatvofourth day of Oa- comber, one thoaoahd eight hundred and fourteen. (l. s.) GAMBIER, HENRY GOIJLBURN, WILL. AM ADAMS. JOHN QUINCY AOAMS» J. A. BAYARD, H. CLAY, JONA. RUSSftLL, ALBERT GAJLLATIN. e to p^Imi TrtaytT to «rilli<^iii !librtliWlt|i lilt pQM^ preriont to ^H^'nMiom VtedBkttet i|l*ti*n of inoti, and nitiff«iltioii or natioiiii !•• retpee- b tkey majr It kondred Myt, That kttOitiei »• he nttifiea- or mtioni, NiUf witk I llotli Bit nuing their d that both to aeeom- been rati- ontraetiu II be binf Ranged at or sooaer* brio* havo oar icalf. y of Do- eon* BN, 6« )AMS»