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V'^**, ■■', Of #oN«jeNT OF THEiit SENATE* \ i . \ ,f ■ ~ « ... . Sir. jqiHlft i(8.yf^i»T«t^^ JOHN RVA(^}Sio i^f^XPTiSJ^M^lM^ :'»*iA*tr^» , .? trtP il V® .■v^. H'4 r "^ • '/^ I -?' If •nHK a :.> .J i ^ V V ■1 ' . A ■■-. ' » \ . \ V Philadelphia, June 29/^, 1795. %. # 5^^' Ihavejeen if! your paper of this date an ahjlradl of the late T.reaty between the United States and Great- Britain^ which thd not perfe£lly correal is nearly f» As this publication ibi II probably excite a newfpaper difcujjiony it is of importance that the People Jhould pof fefs a full and accurate knowledge ofthefubjeSi to which their attention may be drawn^ and which I think has already been improperly with-held from them. Left therefore the Treaty Jhould be prefumed more favourable y or reprefented to be lefsfo than it really is, I fend you herewith a genuine copy, which you may correal your ftaiement to or make juch other ufe of as you pkafe, for the purpofe of giving to the citizens of America full information rejpe6iing this momentous bujinefs. ■^ ' I^m^ Sirs your obedient fervant^ ^> Ste, Tho. Ma/on. ^.\ [One of the Senators from Vi mta 1 T^o Benj. Franklin Bache, Editor of the Aurora, ^■■. » ' a ' -v.^: -t\. TREATY, Sec, i h I ^» * i^ .r '< 4> r ;.■ • *> ' »* X y J "J s, HIS Britannic Majefly and the United States of America, being defirous by a Treaty of Amity, Commerce and Navigation to terminate their differences in fuch a manner, as without re-« ference to the merits of their refpeclive complaints and pretenfions, may be the beft calculated to pro- duce mutual fatisfadtion and good underftanding ; And alfo to regulate the Commerce and Naviga- tion between their refpe6tive countries, territories and people, in fuch a manner as to render the fame , reciprocally beneficial and fatisfaftory y they have, refpe<5lively, named their Plenipotentiaries, and gi- ven them full powers to treat ofj and conclude, the * faid Treaty, that is toYay ^ His Britannic Majefty has named for his Plenipotentiaiy, the Right Ho- ; nourable William Wyndham Baron Grenville, of Wotton, one of his Majefty's Privy Council, and ; his Majefty's principal Secretaiy of State for Fo*- «eign Affairs -, and the Ej^efident of the faid United / 1 / Hi i 'M " ill i 'J ji i« r< ] * , . ^ C 4 ) States, by and with the advice and confent of the Senate thereof, hath appointed for their Pienipo- tentiaiy, the Honourable John Jay, Chief Juilice of the faid United States and their Envoy Extraor- dinary to his Ma jelly, who have agreed on, and concluded the following articles : Article I. There fhall be a firm, inviolable and univerfal peace, and a true and fincere friend- fhip between his Britannic Majefty, his heirs andi fucccffors, and the United States of America; and between their refpe6live countries, territories, cities, towns and people of eveiy degree, without excep- tion of perlons or places. Art. II. His Majefty will withdraw all his^ troops and garrifons from all pofts and places with-,, ill the boundary lines afligned by the treaty of pd^ce* to the United States. This evacuation {hall take . platce on or before the firft day of June one thou-, lahd feven hundred and ninety-fix, and all the pro- per' meafures fhall in the intei*val be taken by cori- ceii? between the government of the United States, " and his Majefty 's Governor General in America,,- ; for fettling the previous arrangetnents which may * bd itecelTary refpe6ling the delivery of the faid poll's : Tlie t^rtited States in the mean time at their dlf- ■ cr'etion, extending their fettlenients to any part - within the fkid boundary line, except within the pre- \ cihcils or jurifdi6lion of any of the faid poils. All '\ fettlets and traders, within the precin6ls orjurifdic- \ tidh of the faid pofts, fhall Gontinue to ehr • ^ jo^, tuimoldfled, all their property of every kind, , and fhkll Be prote£l(Bd therein. They fhall be at ;- f\ili libejrty to remain ttefe, of to remove wiih all *" " s.» (' 5 y or any part of their effects ; and it {hall alfo be free to them to fell their lands, houfes, or effedls, or to retain the property thereof, at their difcretion ; fuch of them as {hall continue to refide within the faid boundary lines {liall not be compelled to be- come citizens of the United States, or to take any oath of allegiance to the government thereof, but they fhall be at full liberty fo to do, if they think proper, and they fhall make and declare their elec- tion within one year after the evacuation aforefaid. And all perfons who fliall continue there after the expiration of the faid year, without having declared their intention of remaining fubje^ls of his Britan- nick Majefty, fliall be confidered as having ele6led to become citizens of the United States. Art. III. it is agreed t"hat it fhall at all times be free to his Majefty's fubje6ts, and to the citizens of the United States, and alfo to the Indians dwel- ling on either fide of the faid boundary line, freely to pafs and repafs by land or inland navigation, into the refpe6live territories and countries of the two parties on the continent of America [the coun- try within- the limits of the Hudfon's Bay Compa- ny only excepted] and to navigate all the Lakes, Rivers, and Waters thereof, and fieely to caiTy oh trade and commerce with each other. But it is underftood,. that this Article does not extend to the admifliori of veffels of the United States into the Sea Ports, Harbours, Bays,: or Creeks of his Ma- jefty's faid y^^iritories J nor ihtb fuch- parts of the Rivers in liis'Nlaj^fliyV teid territories as are be- tween 'thV nibiitn diefeof, and the higheft port of fiitiy frpni'the Se^, except in fmall velTels trading -.'---.-■ ... . .-...- .,- -.- .-,.-.■/ i^of7a ■ • ii I { 6 ) . lonafulc between Montreal and Quebec, under fuch irgulations as fhall be eftabliflied to prevent the jwlnbility of any frauds in this refpect". Nor to the admilFion or Britifh vefTels from the Sea into the Rivers of the United States, beyond the higheft Ports of entry for foreign veffels from the Sea. The Pviver MifTifippi (liall, however, according to the Treaty of Peace, be entirely open to both pai- ties ; and it is furtlier agreed, that all the Ports and Places on its Eaftern fide, to whichfoevcr of the parties belonging, may freely be reforted to, and ufed by both parties, in as ample a manner as any of the Atlantic ports pr places of the United States, or any of the ports or places of his Majefty in Great-Britdin. i. ,, t All goods and merchandize whbfe importation into his Maj City's faid territories in America, fliall not be entirely prohibited, may freely, for the pur- pofes of Commerce, be carried into the fame in the manner aforefaid, by the citizens of the United States, and fuch goods and merchandize fhall be fubje6l to no higher or other duties than would be payable by hisMajefty's fubjefts on the importation of the fame from Europe into the faid territories. And in like manner, all goods and merchandize whofe importation into the United States fhall not be wholly prohibited, may freely, for the purpofes of Commerce, be carried into the fame, in tne man- ner aforefaid, by his Majefty's fubjefts, and fuch goods and merchandize fhall be fubje6t to no high- er or other duties than would be payable by the citizens of the United States on the importation of \ the fame in American veffels into thie Atlantic ports ('■ ««» , / • t/* t -, \ 3^* I" •; 1 ' .1>* > * {■: \ ( 7 ) of the faid States. And all goods not prohibited to be exported from the faid territories, lefpc^^iveiy, may in like manner be cairied out of the fame by the two parties refpeftively, paying duty as afore- faid. No duty of entry (hall ever be levied by either party on peltries brought by land, or inland navi- gation into the faid territories refpe o\ying tQ them fey citiajens or; inhaljitants of thfe United State§r and tliat by the operation of various iawiful iiyipcijiments fmce the peace, not only the i\jj\l Recovery ojP the faid ^tht^ has been delved, but alfoj' the YJ^lu^ ancl fecvirity th^eot, have.been, in feverat ^nfl^ces,' unpaired andleflenedj fo th^t by th^ ordi- nary courfe of judicial proceedings, th damages as have been occafioiled by the mani-<- feil dday or negligence, or v/ilful omiffion of tixe ' ^^ciai^niantv;.: ,:, ;^ ,^. ^ .^ ,;,..,_'.• *vv^O'^***f'^'"f^"^i'^r';f i r''l''ec^tii& puipofe: of afceataining the arnount of .' a»r: fuch; loites and dam.ages, ' five Gomnlifrioners; ^ftiall bo ^appointed, and authorized to meet and a6k -.*",: m '•I ■I 'M. 'im- ./ ■«*;-r-: m-- "^. Ji' 1-:^ '^ I*. I I 1 .i I 4 *f^' / , : < II ) in manner following, vi-z. Two of them 'ffeall 4>e appointed' -by his Majefty, two <5f thenl by'fiic l^refioent of the United :States hy arid with the ad*- Aace aMpooft^t of the Seiiiife tHefeof, and the fifth %y the liri^himoii^ voice of tihe other four; 'an^ ?f TOey^duldhpt'agreeinfu^hchoiicb'jthenthe Goiii- . mifficmers ham by the tWo pa'rti^'fliall refp^^c- '^SveFy propofe one jierlbn'/and of . the Wo nltties fo IM-cijboKdi one fhalf be dVaW;n by lot hi^ic prefenift th^pre- ^nce of ^each cither /\vtiich bath of affirniatioh' b'eihg -Cb taken'aiid Hitiry ^attef ed, :fhdll be etttfed 6h ' ^t fWDrd of their p^oceednlffs, viz.^-^, A:; IS: one ' of 4he •CbinmiflipiSier^ apppi^ ttc ^^th; Article 'pmelfrekt^ , > N^vTg^ion benVefek ■ Jiis Brlhririk Majefty ' land ■-*^' uMt^ States of Artierica db fent totJio^idc-omplamants; But it is diftinftly undei'ftood tjiat t^ proviifion is not -to extend to fuch loEes or dsimages as liave been . -occar(:dedu(5lion, atfttch^place oi* places, and -at fuch time or times as ihaltibe awarded by thcfaid-Coih- 'miflkmers, and on condition ^f^fueh releafes or^f- liignments to be given by ^the claimants, as by the jfaid Commiflioners may 1^ dire6led. Aiid Whereas ^certain -inerch^ints and'^hieN' his :: Majefly's ■'■A i *';' :-A 1 ^ 1 1 t 'J.; .'j^t-'t . i ■*:■:>> ;■■' I T. A\-'' I f 1 ^^:^^^ V , > Wajdd/s fabjeft* complain that in the couife oil the war they have fuftained lols and damage by rea-^ fan of the capture of the velFels and merchaaidize. tiik^n within the limits andjuarifdiiftidn of thie ftates; artd bro^ight into the port& of the fame> or taken b/r ^efftls originally armed in poits of the ^idflaH.S5. It is agreed that in adl jdich caics where reftitii*^: tion fhall not have been rnacte agreeably to the te-< - nor of the letter from Mr. JefFcrfon to Mr. Ham** * mond, dated a< Philadelphia, Sept. 5, 1793, a copy of which is annexed to this Treaty j the complaints: of the parties (hall be and herdby are referred to^ the Coiftmiffiohers to be appointed by virtue of this Article, who are hereby authoiized ai^ required to J?roceed in the like manner relative to thefe as ta' the other cafes coimmltted to them ; and tlie Uni- ted States undertake to pay to the complaindiits or claimants in fpecie, without dedu(!lion, the amount of fuch fums as fliall be awarded to them iefpec- tively oy the faid Commillioners, and at the tim^^s? ■ and places which in fuch awards [hall be fpecified ;; : and on cohditions of fuch releafes or alTignments to be given by the claimants as m the laid awards. . may be dire6led : And it is further agreed that not , only the now exifting cafes of both delcriptions* ' but alfo all fuch as ftiall exift at the time of ex* , changing tiie ratifications of this Treaty fhall be cohfidered as being within the provifions^ intent and iheaning of this article. /Art. Viil. It is further agreed, that the Cam- miilioners mentioned in this and in the two pre- ceding nrticles (hall be refpectively paid in fuctx Hianner as fhall ke agreed between the two parties ; ' fuch ^v il ' I i¥ I ; i ^ ,e ) fuch agreement being to be fettled at tbe time bt the exchange of the ratifications of this Treaty. And all other expences attending the faid Com- miflions fhall be defrayed jointly by the two par- ties, the fame being previbufly afccrtained and al- lowed by the majority of the Commiifioners. And in the cafe of death, ficknefs or neceffary abfence, the place of every fuch Commiffioner refpeftively fhall be fupplied in the fsune m nner as fuch Com- mifTioner was firft appointed, and the new Com- miflioners fhall take the fame oath or affirmation and do the fame duties. Art. IX. It is agreed that Britifh fubjefts who now hold lands in the territories of the United States and American citizens who now hold lands in the dominions of his Majefly fhall continue to hold them according to the nature and tenure of theii* refpe<5tive eflates and titles therein j and may grant, fell or devife the fame to whom they pleafe, in like manner as if they were natives > and that neither they nor their heirs or afligns fhall fo far as may refpeo: the faid lands and the legal remedies incident thereto, be regarded as aliens. . Art. X. . Neither the debts due from individu- als of the one nation to individuals of the other, nor fhares nor monies which they may have in the public funds, or in the public or priva^-/ banks fhall ever in any event of war or national differences be fequeflered or confifcated, it being unjufl and im-. politic that debts and engagements contradted and made by individuals having confidence in each other and in theii* refpedtive governments fhould ever be deliroyed or impaired by national authority on ac-u count I I ^ \J .^ -'^4H toiint of national ciifferences and cKftontents; Art. XL It is agreed between hisMs^y tani fte XJ^nkod States of America, that thera ftiail htt reciprocal and entirely peifeft Ubeity of navigation ind commerce between their re^aive pes^^ iit tlie. manner, under the limitations and on the con?* ditions fpecified in the following articles. Art. XIL kiis Majefty confents tfcat it (ball and may be lawful dixring the time herein after li- mited for the citizens of the United States to c«rry to any of his Majefty's illands and ports in the Weft-Inciies from the United States; ufi their owrt veffels, not being above the bmtben of yo tonsv any goods or merchandize^ being a( the growth, nianufaftm'e Or produce ot the feiS States, which it is or may be lawful to carry to the faid Wands or forts from the faid States \n British veflfeh ; antl tJiat the faid Americaii v^flels fliaU be fubje6b thfercr to no other or higher tonnage duties or charged than (hsdl be payable by Britifti veffibls m thepi^ of tlie tJnited States 5 and that the e^goes of iM laid Artierican veffels fhall be fobjed t-hei^ to no y^ ther or highe;* duties or ck^fg^s tha(h fliatt be paya- ble on the like articles if itmported' thd^ from tte- faid States in Britifh veflek. And his M^efty alfo con&nts that if fetll tr lawiul for the faid Amei'ican citizens to jHischafey load and carry away in their faid veffek to theUtii- ted States from the faid Iflands and PcM?ts Afi fijcl^ articles being of the growth, Hiamrfaflnai'e ot j*j^ duce of the laid Iflands as may ^m|^ Inw bc>Q|f% ried from thence to the faid Stat^ in feitifli vcflMts and fubjeft only to the fame duties and charges on exporttition 1" I- if I It' .'it i i ♦ ^ n il r ;'< exportation to which Britifh vefTels and their car> goes arc or (hall be fubje6l in finrilar circumftances. Provided always that the faid American veffels do carry and land tneir cargoes in the United States only, it being exprefsly agreed and declared that during the continuance of this article, the United States will prohibit and reftrain the carrying any molaffes, fugar, coffee, cocoa or cotton in American vefl'els, either from his Majefty's Iflands or from the United States to any part of the world except the United States, rcafonable fea ftores excepted. Pro- vided alfo, that it fhall and may be lawful, during the fame period, for BritlHi veilels to import from the faid Illands into the United States and to cxpbrt from the United States to the faid Iflands, all arti- cles whatever being of the growth, produce or manu- fa6ture of the faid Iflands, or of the United States reipe6livcly, which now may, by the laws of the faid States, be fo imported and exported. And that the caigoes of the faid Britifli vefl'els fhall be fubjev5l to no other or higher duties or charges than fliall be payable on the lame articles if fo imported or exported in American vefTels^ It IS agreed that this article and eveiy matter and thing therein contained fhall continue to be in force during the continuance of the war in which his Majefty is now engaged ; and alfb for two years frcih and after the day of the flgnature of the pre* lirfrinarV or other articles of peace by which the fairii rrtay be terminated. - t^hd it is further agreed, that at the expimtion of the faid tei*m, the two contracting parties will the importation of §py articles the growth, produce or manufaftur e pf u r ■[ -^^■iU the *1,-.- the other than are or fliall be payable on the irrir portition of the like articles being of the growth^ produce, or manufaflure of any other foreign coun- try. Nor fhall any prohibition be impofed on the expoitation or importation of any articles to or from the territories of the two parties refpe(5liyely, which fhall not equally extend to all other nations. r- But the Britilh Governrnent referves to itfelf the right ofimpofmg on American veffels entering into the Britifli ports hi Europe a tonnage duty equal 1.. that which Ihall be payable by Britifh veffels in the ports of America : And alfoVuch duty as may be adequate to countei-vail the difference of duty now payable on the importation of European arid Afiatic goods when impoited into the United State? in Britifh or in American veflels. The two parties agree to treat for the moreexa(5^ equalization of the duties on the refpe61:ive naviga- tion of their fubje6ls and people in fuch mannei* as may be moft beneficial to the two countries. Th^ arrangements for this purpofe fhall be made at the iame time with thofe mentioned at the conclufion of the 1 2th article of this Treaty, and are to b^ -confidered as a pait thereof. In the intei*val it is agreed, that the United States will not impofe any new or additional tonnage duties on Britifh vefTels, nor increafe the now fubfifling difference between the duties payable on the hnportation of any arti- cles in Britifh or in American, veffels. Art. XVI. It fhall be free for the two contra,c- tiiig parties, refpeftively to appoint coiifuls for the prote6tion of trade, to refide m the dominions and S€i-ritories aforefaid, and the faid cbnfuls fhall enjoy >^j' thofe I r % --^ igjiii'^i ■■:»«-^.v u •*u- 'i'- • ( 23. > . -. . ■ thofe liberties and rights whicli t)ek>ng to them by reafon of their funclion. But before any conful Ihall a6l as fuch he fliall t)e in the ufual forms ap-^ proved and admitted by the party to whom he isr. ienti and it is hereby declared to be lawful and proper,, that in cafe of illegal or improper condu6l towards the laws or government a conful may either be punifhed according to law, if the laws will reach, the cafe or be difmiifed, or even fent back, the of- • fended government affigning to the other their rea- .fbns for the fame. ^.-.^ ..~-,-^ . .^-.^ Either of the parties may except fiom the refirr . dence of confuls liich particular places as fuchpar^* ty fhall judge proper to be fo excepted. ^; Art. XVII. It is agreed^ that in all cafes where velTels fhall be captured or detained on jufl fufpi- cion of having an board enemy's property, or of cariying to the enemy any of the articles whicli: are contraband of war y the faid veffel fhall be brought to the neareft or moft convenieat port ; and if any property of an enemy fhould be round on boax'd fuch vefiel, that part only wliich belongs to the enemy fhall be made prize, and the vellel fhall be at liberty to proceed with the remainder with^ out any impediment. And it is agreed, that all proper meafures fhall be taken to prevent delay > 111 deciding the cafes of fhipsor cai-goesfo brought , in for adjudication -, and in the payment or recove- ry of any indemnification adjudged or agreed to be paid to the mafters or owners of fuch fhips,^ ., , Art. XVIII. In order to regulate what is in.' future to be deemed contraband of war, it is agreed, that under the faid denominatiou Ihall be compri- fed M, Ml V 1 I I b \~i :g.MJjiiiltii lippiu j,a.tj.a.jj5:^^^.':' JiW33sr~" ' ■i,f^>ap- ^ f1 . . ■ (' «*f ) M aff artos and itnf lenlents ferving for the pui*^ pofesof Wat,bylax\dorfea> fuch as cannon, muf- kfets, tnc^tars, pet^rd^, bombs, grenadoes> caicaffes, f^uciifes, ekrriage^ foi^ cannon, fAufket refts, ban- dolier^, g;unpowder, match, felt-petre, ball, pikes, fwords, head pieces, cuiraffes, halbeiTs, lances, j^rcfins; horfe mriiiture, holfters, belts, and gene- rally all' otiier implements of wars as alfo timber for fhif ^building, tar or rofm, copper in ftieets, fkils, hemp and cordage, and generally whatever may fei*ve dire6lly to the equipment of vieffels, un- Wroilght iron and fir planks only excepted j and all the above articles arenereby declared to be juft ob-i jefts of confifcation, whenever they are attempted to be carried to an enemy . ." And whefeas the dimculty of agreeing on thd ptfecife cafes in whith aloiie provifions and othei^ a!i*ticles tiot generally contraband riiay bs regarded 33 fuch, render^ it oipedient to provide againft the inconveniences arid mifunderftandings which might thence arife : It is further agreed, that wherever a- riy fiach articles fo becoming contraband accoi ding, tb the exiiting laws of Nations, fliall for that rea- Ibn be feized, the fame fhall not be confifcated, but th^ owners thereof fhisU befpeedily and completely indemnified J and the captors, or in their default the gbveriiriielit undef whofe authority th^ aft, fhall pay to the ftiaftets or owners of fuch veflels the full value of all articles, with a reafonable meixantife profit thereon;, together with thie freight, and alfo tfife Semtin'age incident to fuch detention. And wheitas it frequently happens that veflelii fail for a port or place belonging to -an enemy, without I -'• i I . >',:.: I Vrlthmnf tft^griidt the faiiie is eitfiS^ l^g^; block^ictect ot mveftcd ; it Is^^S^reed, that fevery veifel. fo Circiinnjft^ted rrtav Be tanfed aWiW frpiix tiicli tE^ itotiee ihe fhkll agam attern jrt to ;eitter ; but fjie ihaiH be pennitte^* to ^o to airy crtKef pbh orplzQgi (henm'f think proper i Ndi- piall atty veffel qv goods of either pstrty, thft iiqtay have entered into' fuch port or pl^ce, befoiip tne farfie wa^ tefiegea, blockaded or mvefted by_fhe oth^\ ind be found thei'^itii after" the rcduraoit or mt^^ ofnicli pUcty be liable to eoitfifcation, but Ihalt be reftored to th& owners or proprietoi-s tliiikSt * Akr. XD^. Aiia fliaft tnore abundailt cg're be taken for the fectirrty of the ref|)^&V^^^ cifizerits of th"^ cohtfafliii^ parti^^^^^ prevent their fuffering injuria b|^, tne nien of war*, or pri-^ vateei's 6f either patrtj, ^iJ ComnSaiAdefs .of fftips of wit and privateers and alt others the faid fubjefts and citi^z^efis ffiall 'forbear domg Jiny danlage to thofe of th6' othie^ P^^ty , or toriiniitting any outrage againft thein', and if they ^6t to ." e contmiy, they fhefll b^ putiirtied^, aM; fhafl Wo'ht bouiid in thek perfbns and.effa't&s tis make fifisfeld^idii andrepaira;- ti^i>for ail diafnages^, and the intefett tfeefeof, of whatever nature the faid damages may be. For this caufe all coriiinanders of privateers be- iWeth% receive their co'mniiflibiis di^llliei-eaftov be obliged to give btfore a Coriipeten^ Jucige, fiiffi'* cieiit feeurity by ^t leaft two relpohfible fiiieties, who have no intereft in th6 faid privateer, each of whom, together with the faid commander, ihaU be jointly yt '* m 'm " ■'1% ! ,/ .«^l\ ' > ; V I 4 'I ( a6 ) v; Jointly and feverally bound in the fum of fifteen hundred pounds fterling, or if fuch fhips be provi-> ded with above one hundred and fifty feamen or foldiers, in thic fum of three thoufand pounds fter- Hng, to fatisfy all damages and injuries, which the faid privateer or her officers or men, or any of them may do- or commit during tlieir ci*uife, conti'ary to- the tenor of this treaty, or to the laws and infti'uc- tions for regulating their €ondu6t ; and further that in all cafes of aggreflions the faid commiiTions fhall be revoked and annulled. It is alfo agreed that whenever ajudjge of a court of admiralty of either of the parties, (hall pronounce fentence againft any vefTet or goods or propeity belonging to the fubje6ls or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the caufe, and of the laid fen- tence, Ihall if required be delivered to the comman- der of the faid veflel, without the fmalleft delay > he; paying all legal fees and deniands for the fame. Art.. XX. Jt is further agreed that both the f^d contrafting parties, fhall not only refufe to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protedl, harbour,, conceal or ailift. them in any manner, but will bring to condign punifhment all fuch inhabitants as fhall be guilty of fuch a£t& ot offences. And all their {hips with the eoods or merchan-^ dizes taken by them and brought into the port of either of the faid Parties, fhall be feized as Tar as they can be difcovered and fhall be reftored to the owners or theix Factors or Agents duly deputed and 4 ? h "^t^ ■?«s^-' IT"****'**'!*'*'---*'*!" .J J. -y iand authorized in writing by them Q;)roper evi- dence being firft given in the Court of Admiralty for proving theproperty) even in cafe fuch efie6ls (hould have pafled into other hands by fait, if it be proved that the buyers knew or had good reafon , to beUeve, or fufpe6l that they had been piratical- ■'.■ ly taken. Art. XXI. It is likewife asrreed, that the fub- jects and citizens of the two nations, (hall not do any a6ls of hoflility or violence againft each other, nor accept commiffipns or inftru6lions fo to a6l from any foreign prince or ftate, enemies to the o- ther party -, nor mall the enemies of one of the parties be permitted to inVite, or endeavour to en- lift in their militaiy fervice any of the fubje6ls or citizens of the other paity ; and the laws againft alliuch offences and aggreiIion:s fliai^l be punctual- ly executed. And if any fubje6t or citizen of the {aid paities refpe^ively fhall accept any foreign ^mmiffion,^r letters of marque, for arming any veffel to a<5t as a privateer againft the other party, and b^ taken by tne other party, it is hereby decla- red to be lawful for the faid party to treat and pu- -mOi the faid fubjo6t or citizen, naying fuch com- mifiioh or letters of mai'que, as a pirate. - i Art. XXII. It is expiefsly ftipulated that nei- ther of the faid contradung parties -will order or authorize any afts of reprifal againft the other, on ^.complaints of injuries or damages, until the faid party fhall firft have prefented to the other a ftate- ment thereof^ verified by competent proof and evir -dence, and demanding juftice and fatisfaction, and the fame fhall either have been refufed or unrea- sonably delayed. Art- I . •$!»^>>)» \V i ^ 4 ">■ iiv •I •5 Art. XXIII. The fhips- of war of each of the conti;aQin^ paitips Qf^f^h at al^ times, b^^ hpfpitably ipeceived in the portd of the other, their officers and trews paying iup rcfpeftio tjie la\ys ^n4 gpvern- jpaqnt of the covmti-y . The officer^ 4^all be tt'cated >yit^l^that Velpeft vyWc|i^ ip due to the 5:Qnnniffions wljich thej^bear, and if a^ij jnfult f'ould be pfFered / to them by any of the inhabitants, all offenders in this refp^dl fhall be pynifhqd as^difturbers of the peace ajj^ ^^i^y between the two countries.. And his ^ajeiiy conftnts '^^t iq ^^pan^^njierjca^ vef-r '4l, ^wti^ ^yi^'s^if otw . S'\es or-Q^thfT ip^sfortui^^ bp reduced- tp the necef- y of'feefc^g lhfjtej.ln ai;iy:9f ^ |uto which mch v^flel co^ not i^ oj^^din^iy ca^s ^laiiri to be adOTtted, fceihaU pninanifeftingttot ii^cejjity to the fatisfadl9in pf the gpyerneafint^of *{hepUce,.Jif feoj^^ r,eceived. gn^ipei-jipfitit^d.tQ ^ejit ana to^iiychaif at tl^e ipf^a?ket;>pffi^e -fufh neceffari^^, as fce m ^. fta^d i|^ i^e^ of j> jcjas^toa-. bly tP fitch orders and rqgujati^s j^ th^lgiwisrja^ inent of map^^ haying r€fp€<9: tp the citciMsn- iteinces cf Vd;i cafe fli^ll, j)jii?fcribe, $h^ iWi not be allowed to Wf^ bij'fcor j^jnt^d her ;c^f gp, ;wn- t^S. t3f ^, &DpJ?.^^^^^ ht,b0ia^d€- ^j?^#aSy jQ.her ibsr irig refitte^. l^br ihali ^ t>^ jfeUilancy l^^t o| hj^^V^a^^O; lini^^ {% ^uiffio|(s from any other Prince or* State in enmity witji ei- ther nation, to arm their^hips in the ports ofeither of the faid parties, nor to fell what thiey h^ve taken, nor iti any other manner to exchange the famfj 44or fliall they be allowe4 to purchafe more prpyi- iiall' he neceffary For their going to tl\e l^eareft port of th^t prince or State from wbpip ihey obtained-their com'miffions. Art. XXV. It fhajl be lawful. fqr the. (hips ot iivjear ^rid privateers be^ongin^ to the f^id parties re-^ Ifoe^tively^ to carry wbi^therfoeyer t^ey pje^e tlie tmips^and goods taken frpm their enemies, witho\it ibeii^ obliged to-pay ^ny fee to the Officers pf the ^dmkalfyi'or to any jfudjges whatever 3 nor fhqll •the 'faid prizes 5/\4ienpey^a^^ at;^ ^nd enter t^e 'portg^of |he faid parties oe .detained. or, feized, nei- itljer ftiall th^TeareKejps or oth^r offtce^'s of tho^ ^pla<^ V4lit fuch pii^es, (except for the puippjfe eif -pf^vGntingithc carrying, pf any p^ of. the c^;:ffo ^hereof on {hoi« in any manrier contrary to the ttftablifhed laws of R,«venue,' Navigatipn, or jCom- ii»er<^) ^or Biall fuc^.<^fRp^rs jake cognig^i^e ^f the^lidil^y of Wch pil?es,i tut iji^y fli^U Ida ^tXx- ib^^'td hoLft fa^i arvJidepiart as fpeediily ^^ in^y b;^, aiid«arry |h4rl^:prizes to the^pl^ce xxjentipn^ji '4n ^eir cpmniiffio^ns or pq.tqits> which the qpm- -tftanidfeifs^^^^he feid^ipis of war oppiiyateers flxali ibe 6b%eitp^ (hew/^^ or re^fbge fb^, te -gi^^en^iE* their ports^to fuch as hp^ve m^^ at pd?y2 'fijkin life (&lgcfts of citizens of ^ith^.r_of tbf? faijl ^mies; biit^ff^ijced/hy'fWefs 6f >^^^ or the ,1'^; :.: ^, ■, .*ii% ;-'**-.• -^ -"■ danger y r^.r I. II i' L i : •)/;v/'frr (flarigei- or the lea, to enter thei*ein, particular care fliall be taken to haften their departure, and to caufe tlicm to retu'C as foon a? pollible. Nothing in this Treaty contained ftiall however be conftrued or operate contraiy to former and exifling public 'Treaties with other Sovereigns or States. 3ut the 'two parties agree, that while they continue in ami- ty, neither or them will in future make any treaty 'that fhall be inconfillent with this or the preceding .article, - ' Neither of the faid parties fhall permit the (hips goods belongmg to the fubjefts qx\ citizens of the other to be taken within <:annon (hot of the ^coaft, nor in any of the bays, ports, or rivers qf ; their territories, by Ihips or wai*, or Qthefs having cornmiffion from any Prince, Republic, or Siate tyhateyeh. But in cafe it ihould io happen, the party whofe territorial rights fli^U thus nave been , violated, fhall ufe his utmoft endeavours to obtain from the offending party, full and ample fatisfac- tion for the vefTel or veffels fb taken, whether the fame be vefTels of war or merchant vefTels- Art. XX VL If at afty time a i^pture fliould take place (which Gocl forbid) between his Majefty and tne United States, flie M^'chants arid others of each of the two natipns refidmg in the dominions of the other fhall have the privilege of remaininjg^ J and continuing their Trade, io long as they behave ^peaceably and commit no, c^enceagai^fl tne lavirs-5 i^nd in cafe theij: coiidgtftfliould render them fuf- 'pe(^ed and the refpeftive goveinmehts jiiouki think proper to order them to remove, idie ter^i of tyvelve inondas from the publication of the order fhall be ' ' allowed -r^i- r V 31 > allowed them for that purpofe, tc remove with their families, effects and }>i'operty, but this favor (hall not be extended to thofe who fhall aft contrary to the eftablifhed laws, and for greater certainty, it is; declared that fuch rupture (hall not be deemed to exift while negotiations for accommodating differ- cnces fhall be dependmg,. nor until the refpeftivc Ambafladors or Miniil:ei*s, if fuch there fhall be, fhall be recalled, or fent home on account of fucK differences, and not on account of perfonal.mifcon- duft, according to the nature and degrees of which both parties retain their rights, either to requeflt the recall, or immediately to fend home the Am- haffador or Minifler of the other ; and thiat with-* out prejudice to their mutual friendlhip and good underftanding. ' Art. XXVII. It is further agreed, that hisj' Majefhr and the United States on mutual requifi- tions, by them refpeftively, or. by their refpefttvc Minifters or Officei's authorized to make the fame, will deliver up to juflice all perfons, who beings charged with murder or forgery, committed withiii , the jurifdiclion of either, ftiall feek ^n afylum with-- in any of the.countrieff of the other, provided that this fnall only be done on fuch evidence of crimi-" nality as, according to the laws of tlie place, where' the fiigitive or perfon fo charged fhall be found, would juftify his apprehenfion and commitment for tiiafc, if the offence had there been committed/ The expence of fuch apprehenfion and delivery; fhall be borne and defrayed by thofe who make the' r^quifition and receive the fup;itive. Art. XXVIli.. It i::: agreed, that the firft tea *. • . ■ articles ■^' , 'Ni^. ►m»x .> r I 1 V' \ i 1. 1 il 'C Qfifdeki 0if tills "treaty'diall be permanent, and that {tit tuhikyicni articles, exdcpt the twelfth, (hall be llAikecTinmeir duration to twelve years, to be com- ]^^ed flpm ttie d^y ott whicft; the r^tifieations of ffiis iTrcaty ffiall be exchanged, ]but fubjc3^ to thi«» condition — that wliercas the faid. iwdfth artit:lc will eicpkt by ttie limitation therein contained^ at tfie eiid of two years from the figning the prfeli- txSxiky or other articles of peace which ilwm ter- minate the prefeht war in wWcb his Majcfty k eneag^, it is agreed, that proper meafurei» ftmfl'.by conccflf be taken for bringing the fubjfeft of that ai'ticte, into amicable treaty and difeuiiion, fo early before tKe expiration of the faid t9i'ni,.as that new arrangements on that head, may by . that time be perfected and ready to take place. , Butif it ftiould unfoituhafely happen, that his M^efty and the Vmiii States fliomd not be able to agi'^e on fuch new arrangements, in that cafe all the articles of this treaty, except the firft ten fliall then ceaft slnd expire togetlier. Lastly. Thle Treaty, when the feitte fliall Save been ratified by his M^eily and by the Pre- fident of the tJnited States, by and with th^ advice aivi cpnfent of their Senate, and thte ye^eftive ra^ tincatiohs mutually exchanged^ ftiaU be Wnding afidobligiaiory on his Majefty and oh the faid States, and* man be by them refpe^tiyeily exefcuted and ob^ iSved with punctuality and the moft fincere regard ti) ggiod faith } and whereas it will be expedietit, in oroef the better to facilitate intercourfe and obvi^ ate difficulties, that other articles be propofed and added to this Treaty, which articles nom want of time ^■s ■ Sfcv' i^ ^V ^ -s a. ii l i*iii»l litmimiii aHki f C t i [•' . 1' il \^ !•. I..'' i * i \' I ■K I./.V... =, •!■ t)- (' 3^ ) kiine and other circumftanccs, cannot now be pci- '. fe6led — it is agreed, that the (aid j^aities will, from . time to time, readily treat of and concerning fuch . articles, and will fmcercly endeavour fo to form them, as that they may conduce to mutual convt- ,, nience, and tend to promote mutual fatisfa6Vion ' and friendfliip -, and that the faid articles, after having been duly ratified, (hall be added to, and ., make a part of tnis Treaty. In faith whereof, we, the underfigned Minifters Plenipotentiary of his Majefty the King of Great-Britam and the United States of America, have figned this prrfent Treaty, and have caufed to be afRxed thereto the Seal of . our ai'ms. Done at London, this Nineteenth Day of November, One Thoufand Seven Hun- di'ed and Ninety-Four. , . • GRENVILLE. :(Seal.)'' ;f-:i. JOHN JAY. ' (Seal.) V.V CONDITIONAL RATIFICATIOI^ On the Part of the United StateSy .. In Senate^ yune 24, 179 j'. kESOLVjEDy that the Senate Jo cofifent tOy and advife the Frefident of the United \Statei to ratify the Treaty of amity y commerce and na^uigation, between his Britannic Mdjejiy and the UnitAd States of jhnericAy cdnctuded at London the i gth No^ member 1 794, on con^ dition that there be added to the fat d Treaty^ an article whereby itjhallbe agreed to fusten d the operation offo prucb of the I ±th article, as rejpei h the trade, which hi^ said \ ^ ^ V Your lift of the privateers illicitly armed in pur ports is> I believe, correal. With refpe6l to lofles by detention, wafte, fpoli- - ation lliftained by vefTels taken as beforc-rnentioned r between the dates of June 5th, and Auguft 7th, it »' is propofed as a provifional meafure, that the Cpl- ^ leAor of the Cuftoms of the DiftricSt, and the Bri,tifti ^ Conful, or any other perfon you pleafe, fhall ap- point perfons to eftablifh the value of the vellel and cargo, at the time of her capture, and of her arrival in the port into which ftie is brought, according i to tl^;;ir value in that port:. If this ftiajl be agree- >,-4pV " •'. ■ ■ ' ' -':.■■■-- '■ ' :. ■■-■■■■ ■ f -i ;•. -. ■MM 1 i ?■;> Hki mmim «»<•( * Vj. 'V > i'^ V^ ^;.,-, .,> ( 37 ) ^hk to you, and you will be pleafed to fignlfy it to me, with the names of the prizes underftood to be of this defcription, inftructions will be given accordingly to the Colle6lor of the Cuiloms where th^ r^fpeftive veffels are. I have the honour to be, &c. (Signed) THOMAS JEFFERSON. Gea^ flammondj Efq, W HILST the Treaty was under difcuflion in the Senate, the following proportions were brought forward and refpedlively offered as fubfti- tutes to the Refolution of Ratification which ulti- mately prevailed. Mr. Burr's Motion. THAT the further confideration of the Treaty concluded at London the 19th of November r794, be poftponed, and that it be recommended to the Prefident of the United States to proceed without delay, to further friendly negotiation with his Bri- tanic Majefly, in order to effe6l alterations in the faid Treaty, m the following particulars : That the 9th, loth, and 24th Articles, and lb much of the 25th as relates to the fhelter or refuge ; to be given to the armed vefTels of States or Sove- reigns at wai with either party, be expunged. ; , 2d Art. That no privilege or right be al- 1 towed to the fettlers or traders mentioned in the 2d Article, V>a ;;■ ■ T > - ••< '■■'■ In J^ .A jjf 1 .\# il ' I- \< 'I * 1^ i9 t r ^*^ 4^«^i<' /Z'^jU' ( 38 ) Article, other than thofe which arfc fecuted to tucm by the Treaty of 1793, and exifting laws. 3d Art. That the 3d Article be expunged, or, fo modified that the citizens of the United States may have the ufe of all rivers, ports and places withifi the terjitorics of his Britannic Ma-» jefhr in North-America, in the famq manner as his fubjefts may have of thofe of the United states. 6th Art. That the value of the Negroes and other property, carried away contrary to the 7th article of the treaty of 1783, anci the lojs and damage sujiainedby the Uiiited States^by th4 detention rfthepofts^ be paid for by \p Blitim govefrinlent 5 the a- mount to be afcerta. 1 by the commiffioners who may be appointed to liquidate the claims of the Britifh creditors* 1 2th Art. That what relates to the Weft-In-r dia trade and the provifos and conditions ^hereof , in the 1 2th article, be expunged, or be rendered much more favourable to the United States and without any reftraint on the exportation in veffels of the Unital States, of any articles, not the growth, produce or manufacture of the, ikid ifUnd? of his Britannic Majefly. 1 5th Art* That no claufe be admitted which may reftrain the United States from reciprocating benefits by difcriminating between foreign nation^ in their commercial arrangements, or prevent them from encreafing tiie tonnage, or otner duties on Britifh velFcls, on tenns of reciprocity, or in a tti- pulated ratio. »2ifl: Art. That tiic fubje6l« or citizens of ei- ther party, be not reflrained from accepting cbm- miffions in the army or navy of any foreign power. n I. d d d ■e 'i- 1 i 1 S : » 1 S ■•■mm .