THE UNIT BOOKS No. 8 NATIONAL DOCUMENTS PUBLISHER S NOTE The texts of the notable state papers here given are derived from the most trustworthy sources A- L . ,e \i NATIONAL DOCUMENTS STATE PAPERS SO ARRANGED AS TO ILLUSTRATE THE GROWTH OF OUR COUNTRY FROM 1606 TO THE PRESENT DAY NEW YORK UNIT BOOK PUBLISHING CO. 1906 COPYRIGHT 1904 BY HOWARD WILFORD BELL THE TROW PRESS NEW YORK CONTENTS First Charter of Virginia 1606 5 The Mayflower Compact 1620 18 Articles of Confederation of the New England Col onies 1643 19 A Typical Early Indian Treaty 1645 28 Declaration of Rights 1765 34 Declaration and Resolves of the First Continental Congress 1774 37 Declaration of the Causes and Necessity of Taking up Arms 1775 43 The Declaration of Independence 1776 52 Articles of Confederation 1777 Treaty with France 1778 Treaty with Great Britain 1783 77 The Northwest Territorial Government 1787 85 Constitution of the United States 1787 95 Washington s First Inaugural Address 1789 I 18 Washington s Second Inaugural Address 1793 Proclamation of Neutrality 1793 Treaty with the Six Nations 1794 Treaty with Great Britain 1794 Washington s Farewell Address 1796 Treaty with France 1803 Treaty with Great Britain 1814 Treaty with Spain 1819 Missouri Compromise 1820-21 The Monroe Doctrine 1823 Treaty with Great Britain 1842 Treaty with Great Britain 1846 Treaty with Mexico 1848 2G0335 CONTENTS Treaty with Great Britain 1850 251 Compromise of 1850 258 Treaty with Mexico 1853 273 Kansas-Nebraska Act 1854 280 Lincoln s First Inaugural Address 1861 283 Constitution of the Confederate States of America 1861 295 Emancipation Proclamation 1863 317 Lincoln s Gettysburg Address 1863 320 Proclamation of Amnesty 1863 321 Lincoln s Second Inaugural Address 1865 325 Proclamation Declaring the Insurrection at an End 1866 328 Treaty with Russia 1867 335 Treaty with Great Britain 1871 341 Annexation of the Hawaiian Islands 1898 369 Recognition of the Independence of Cuba 1898 372 Treaty with Spain 1898 374 Reciprocal Commercial Convention between the United States and Cuba 1902 383 Supplementary Convention between the United States and Cuba 1903 390 Convention between the United States and the Repub lic of Panama 1904 393 Notes on the Text 409 Index 482 NATIONAL DOCUMENTS First Charter of Virginia 1606 I. JAMES, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. WHEREAS our loving and well-disposed Subjects, Sir Thomas Gates, and Sir George Somers, Knights, Richard Hackluit, Prebendary of Westminster, and Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs. William Parker, and George Popham, Gentlemen, and divers others of our loving Subjects, have been humble Suitors unto us, that We would vouchsafe unto them our Licence, to make Habitation, Plantation, and to deduce a Colony of sundry of our People into that Part of America, commonly called VIRGINIA, and other Parts and Territories in America, either appertaining unto us, or which are not now actually possessed by any Christian Prince or People, situate, lying, and being all along the Sea Coasts, between four and thirty Degrees of Northerly Latitude from the Equinoctial Line, and five and forty Degrees of the same Latitude, and in the main Land between the same four and thirty and five and forty Degrees, and the Islands there unto adjacent, or within one hundred Miles of the Coasts thereof; II. And to that End, and for the more speedy Accom plishment of their said intended Plantation and Habitation there, are desirous to divide themselves into two several Colonies and Companies; The one consisting of certain Knights, Gentlemen, Merchants, and other Adventurers, of our City of London and elsewhere, which are, and from time to time shall be, joined unto them, which do desire to 5 NATIONAL DOCUMENTS begin their Plantation and Habitation in some fit and con venient Place, between four and thirty and one and forty Degrees of the said Latitude, along the Coasts of Virginia and Coasts of America aforesaid; And the other consisting of sundry Knights, Gentlemen, Merchants, and other Ad venturers, of our Cities of Bristol and Exeter, and of our Town of Plimouth, and of other Places, which do join them selves unto that Colony, which do desire to begin their Plantation and Habitation in some fit and convenient Place, between eight and thirty Degrees and five and forty De grees of the said Latitude, all alongst the said Coast of Virginia and America, as that Coast lyeth: III. We, greatly commending, and graciously accepting of, their Desires for the Furtherance of so noble a Work, which may, by the Providence of Almighty God, hereafter tend to the Glory of his Divine Majesty, in propagating of Christian Religion to such People, as yet live in Darkness and miserable Ignorance of the true Knowledge and Wor ship of God, and may in time bring the Infidels and Sav ages, living in those Parts, to human Civility, and to a settled and quiet Government; DO, by these our Letters Patents, graciously accept of, and agree to, their humble and well-intended Desires ; IV. And do therefore, for Us, our Heirs, and Successors, GRANT and agree, that the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, Adventurers of and for our City of London, and all such others, as are, or shall be, j oined unto them of that Colony, shall be called the first Colony; And they shall and may begin their said first Plantation and Habitation, at any Place upon the said Coast of Virginia or America, where they shall think fit and convenient, between the said four and thirty and one and forty Degrees of the said Latitude; And that they shall have all the Lands, Woods, 6 NATIONAL DOCUMENTS Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Heredita ments, whatsoever, from the said first Seat of their Planta tion and Habitation by the Space of fifty Miles of English Statute Measure, all along the said Coast of Virginia and America, towards the West and Southwest, as the Coast lyeth, with all the Islands within one hundred Miles directly over against the same Sea Coast; And also all the Lands, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, Waters, Marshes, Fishings, Commodities, and Hereditaments, whatsoever, from the said Place of their first Plantation and Habitation for the space of fifty like English Miles, all alongst the said Coast of Virginia and America, towards the East and Northeast, or towards the North, as the Coast lyeth, together with all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the same fifty Miles every way on the Sea Coast, directly into the main Land by the Space of one hundred like English Miles; And shall and may inhabit and remain there; and shall and may also build and fortify within any the same, for their better Safeguard and Defence, according to their best Discretion, and the Discretion of the Council of that Colony; And that no other of our Subjects shall be permitted, or suifered, to plant or inhabit behind, or on the Backside of them, towards the main Land, without the Express Licence or Consent of the Council of that Colony, thereunto in Writing first had and obtained. V. And we do likewise, for Us, our Heirs, and Succes sors, by these Presents, GRANT and agree, that the said Thomas Hanham, and Ralegh Gilbert, William Parker, and George Popham, and all others of the Town of Pli- 7 NATIONAL DOCUMENTS mouth in the County of Devon, or elsewhere, which are, or shall be,, joined unto them of that Colony, shall be called the second Colony; And that they shall and may begin their said Plantation and Seat of their first Abode and Habita tion, at any Place upon the said Coast of Virginia and America, where they shall think fit and convenient, between eight and thirty Degrees of the said Latitude, and five and forty Degrees of the same Latitude; And that they shall have all the Lands, Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings, Com modities, and Hereditaments, whatsoever, from the first Seat of their Plantation and Habitation by the Space of fifty like English Miles, as is aforesaid, all alongst the said Coast of Virginia and America, towards the West and Southwest, or towards the South, as the Coast lyeth, and all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands, Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities, and Heredita ments, whatsoever, from the said Place of their first Planta tion and Habitation for the Space of fifty like Miles, all alongst the said Coast of Virginia and America, towards the East and Northeast, or towards the North, as the Coast lyeth, and all the Islands also within one hundred Miles directly over against the same Sea Coast; And also all the Lands, Soils, Grounds, Havens, Ports, Rivers, Woods, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the same fifty Miles every way on the Sea Coast, directly into the main Land, by the Space of one hundred like English Miles ; And shall and may inhabit and remain there; and shall and may also build and fortify within any the same for their better Safe guard, according to their best Discretion, and the Discre tion of the Council of that Colony; And that none of our 8 NATIONAL DOCUMENTS Subjects shall be permitted, or suffered, to plant or inhabit behind, or on the back of them, towards the main Land, without the express Licence of the Council of that Colony, in Writing thereunto first had and obtained. VI. Provided always, and our Will and Pleasure herein is, that the Plantation and Habitation of such of the said Colonies, as shall last plant themselves, as aforesaid, shall not be made within one hundred like English Miles of the other of them, that first began to make their Plantation, as aforesaid. VII. And we do also ordain, establish, and agree, for Us, our Heirs, and Successors, that each of the said Colonies shall have a Council, which shall govern and order all Matters and Causes, which shall arise, grow, or happen, to or within the same several Colonies, according to such Laws, Ordinances, and Instructions, as shall be, in that behalf, given and signed with Our Hand or Sign Manual, and pass under the Privy Seal of our Realm of England; Each of which Councils shall consist of thirteen Persons, to be ordained, made, and removed, from time to time, according as shall be directed, and comprised in the same instruc tions; And shall have a several Seal, for all Matters that shall pass or concern the same several Councils; Each of which Seals shall have the King s Arms engraven on the one Side thereof, and his Portraiture on the other ; And that the Seal for the Council of the said first Colony shall have engraven round about, on the one Side, these Words ; Sigil- lum Regis Magnce Britannia, Francice, fy Hibernice; on the other Side this Inscription, round about; Pro Concilia primes Colonies Virginia. And the Seal for the Council of the said second Colony shall also have engraven, round about the one Side thereof, the aforesaid Words; Sigillum Regis Magnce, Britannia, Francice, $ Hibernice; and on the other Side; Pro Concilio secundce Colonice Virginias: 9 NATIONAL DOCUMENTS VIII. And that also there shall be a Council established here in England, which shall, in like Manner, consist of thirteen Persons, to be, for that Purpose, appointed by Us, our Heirs and Successors, which shall be called our Council of Virginia; And shall, from time to time, have the superior Managing and Direction, only of and for all Matters, that shall or may concern the Government, as well of the said several Colonies, as of and for any other Part or Place, within the aforesaid Precincts of four and thirty and five and forty Degrees, abovementioned ; Which Council shall, in like manner, have a Seal, for Matters concerning the Council or Colonies, with the like Arms and Portraiture, as aforesaid, with this Inscription, engraven round about on the one Side; Sigillum Regis Magnce Britannice, Franciaz, fy Hibernice; and round about the other Side, Pro Concilio suo Virginia. IX. And moreover, we do GRANT and agree, for Us, our Heirs and Successors, that the said several Councils, of and for the said several Colonies, shall and lawfully may, by Virtue hereof, from time to time, without any Interrup tion of Us, our Heirs or Successors, give and take Order, to dig, mine, and search for all Manner of Mines of Gold, Silver, and Copper, as well within any part of their said several Colonies, as for the said main Lands on the Back side of the same Colonies; And to HAVE and enjoy the Gold, Silver, and Copper, to be gotten thereof, to the Use and Behoof of the same Colonies, and the Plantations there of ; YIELDING therefore, to Us ? our Heirs and Successors, the fifth Part only of all the same Gold and Silver, and the fifteenth Part of all the same Copper, so to be gotten or had, as is aforesaid, without any other Manner or Profit or Account, to be given or yielded to Us, our Heirs, or Suc cessors, for or in Respect of the same : X. And that they shall, or lawfully may, establish and 10 NATIONAL DOCUMENTS cause to be made a Coin, to pass current there between the People of those several Colonies, for the more Ease of Traffick and Bargaining between and amongst them and the Natives there, of such Metal, and in such Manner and Form, as the said several Councils there shall limit and appoint. XI. And we do likewise, for Us, our Heirs, and Succes sors, by these Presents, give full Power and Authority to the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of them, and to the said several Companies, Planta tions, and Colonies, that they, and every of them, shall and may, at all and every time and times hereafter, have, take, and lead in the said Voyage, and for and towards the said several Plantations and Colonies, and to travel thitherward, and to abide and inhabit there, in every the said Colonies and Plantations, such and so many of our Subjects, as shall willingly accompany them, or any of them, in the said Voyages and Plantations; With sufficient Shipping and Furniture of Armour, Weapons, Ordinance, Powder, Vic tual, and all other things, necessary for the said Planta tions, and for their Use and Defence there: PROVIDED always, that none of the said Persons be such, as shall hereafter be specially restrained by Us, our Heirs, or Successors. XII. Moreover, we do, by these Presents, for Us, our Heirs, and Successors, GIVE AND GRANT Licence unto the said Sir Thomas Gates, Sir George Somers, Richard Hack luit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of the said Colonies, that they, and every of them, shall and may, from time to time, and at all times for ever here after, for their several Defences, encounter, expulse, repel, 11 NATIONAL DOCUMENTS and resist, as well by Sea as by Land, by all Ways and Means whatsoever, all and every such Person and Per sons, as without the especial Licence of the said several Colonies and Plantations, shall attempt to inhabit within the said several Precincts and Limits of the said several Colonies and Plantations, or any of them, or that shall enterprise or attempt, at any time hereafter, the Hurt, Detriment, or Annoyance, of the said several Colonies or Plantations. XIII. Giving and granting, by these Presents, unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, and their Associates of the said first Colony, and unto the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their Associates of the said second Colony, and to every of them, from time to time, and at all times for ever hereafter, Power and Authority to take and surprise, by all Ways and Means whatsoever, all and every Person and Persons, with their Ships, Vessels, Goods and other Furniture, which shall be found trafficking, into any Harbour or Harbours, Creek or Creeks, or Place, within the Limits or Precincts of the said several Colonies and Plantations, not being of the same Colony, until such time, as they, being of any Realms or Dominions under our Obedience, shall pay, or agree to pay, to the Hands of the Treasurer of that Colony, within whose Limits and Precincts they shall so traffick, two and a half upon every Hundred, of any thing, so by them trafficked, bought, or sold; And being Strangers, and not Subjects under our Obeysance, until they shall pay five upon every Hundred, of such Wares and Merchandise, as they shall traffick, buy, or sell, within the Precincts of the said several Colonies, wherein they shall so traffick, buy, or sell, as afore said, WHICH Sums of Money, or Benefit, as aforesaid, for and during the Space of one and twenty Years, next ensu- 12 NATIONAL DOCUMENTS ing the Date hereof,, shall be wholly emploied to the Use, Benefit, and Behoof of the said several Plantations, where such Traffick shall be made; And after the said one and twenty Years ended, the same shall be taken to the Use of Us, our Heirs, and Successors, by such Officers and Minis ters, as by Us, our Heirs, and Successors, shall be thereunto assigned or appointed. XIV. And we do further, by these Presents, for Us, our Heirs, and Successors, GIVE AND GRANT unto the said Sir Thomas Gates, Sir George Somers, Richard HaMuit, and Edward-Maria Wingfeld, and to their Associates of the said first Colony and Plantation, and to the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Pop- ham, and their Associates of the said second Colony and Plantation, that they, and every of them, by their Deputies, Ministers, and Factors, may transport the Goods, Chattels, Armour, Munition, and Furniture, needful to be used by them, for their said Apparel, Food, Defence, or otherwise in Respect of the said Plantations, out of our Realms of England and Ireland, and all other our Dominions, from time to time, for and during the Time of seven Years, next ensuing the Date hereof, for the better Relief of the said several Colonies and Plantations, without any Custom, Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be yielded or paid for the same. XV. Also we do, for Us, our Heirs, and Successors, DECLARE, by these Presents, that all and every the Persons, being our Subjects, which shall dwell and inhabit within every or any of the said several Colonies and Plantations, and every of their children, which shall happen to be born within any of the Limits and Precincts of the said several Colonies and Plantations, shall HAVE and enj oy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been 13 NATIONAL DOCUMENTS abiding and born, within this our Realm of England, or any other of our said Dominions. XVI. Moreover, our gracious Will and Pleasure is, and we do, by these Presents, for Us, our Heirs, and Successors, declare and set forth, that if any Person or Persons, which shall be of any of the said Colonies and Plantations, or any other, which shall traffick to the said Colonies and Planta tions, or any of them, shall, at any time or times hereafter, transport any Wares, Merchandises, or Commodities, out of any of our Dominions, with a Pretence to land, sell, or otherwise dispose of the same, within any the Limits and Precincts of any the said Colonies and Plantations, and yet nevertheless, being at Sea, or after he hath landed the same within any of the said Colonies and Plantations, shall carry the same into any other Foreign Country, with a Purpose there to sell or dispose of the same, without the Licence of Us, our Heirs, and Successors, in that Behalf first had and obtained; That then, all the Goods and Chattels of such Person or Persons, so offending and transporting, together with the said Ship or Vessel, wherein such Transportation was made, shall be forfeited to Us, our Heirs, and Suc cessors. XVII. Provided always, and our Will and Pleasure is, and we do hereby declare to all Christian Kings, Princes, and States, that if any Person or Persons, which shall here after be of any of the said several Colonies and Plantations, or any other, by his, their or any of their Licence and Appointment, shall, at any time or times hereafter, rob or spoil, by Sea or by Land, or do any Act of unjust and un lawful Hostility, to any the Subjects of Us, our Heirs, or Successors, or any the Subj ects of any King, Prince, Ruler, Governor, or State, being then in League or Amity with Us, our Heirs, or Successors, and that upon such Injury, or upon just Complaint of such Prince, Ruler, Governor, or 14 NATIONAL DOCUMENTS State, or their Subjects, We, our Heirs, or Successors, shall make open Proclamation, within any of the Ports of our Realm of England, commodious for that Purpose, That the said Person or Persons, having committed any such Rob bery or Spoil, shall, within the Term to be limited by such Proclamations, make full Restitution or Satisfaction of all such Injuries done, so as the said Princes, or others, so complaining, may hold themselves fully satisfied and con tented; And that, if the said Person or Persons, having committed such Robbery or Spoil, shall not make, or cause to be made, Satisfaction accordingly, within such Time so to be limited, That then it shall be lawful to Us, our Heirs, and Successors, to put the said Person or Persons, having committed such Robbery or Spoil, and their Procurers, Abetters, or Comforters, out of our Allegiance and Protec tion; And that it shall be lawful and free, for all Princes and others, to pursue with Hostility the said Offenders, and every of them, and their and every of their Procurers, Aiders, Abetters, and Comforters, in that Behalf. XVIII. And finally, we do, for Us, our Heirs, and Suc cessors, GRANT and agree, to and with the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward Maria Wingfield, and all others of the said first Colony, that We, our Heirs, and Successors, upon Petition in that Behalf to be made, shall, by Letters-patent under the Great Seal of England, GIVE and GRANT unto such Persons, their Heirs, and Assigns, as the Council of that Colony, or the most Part of them, shall, for that Purpose nominate and assign, all the Lands, Tenements, and Hereditaments, which shall be within the Precincts limited for that Colony, as is aforesaid, To BE HOLDEN of Us, our Heirs, and Succes sors, as of our Manor at East-Greenwich in the County of Kent, in free and common Soccage only, and not in Capite : XIX. And do, in like Manner, Grant and Agree, for Us, 15 NATIONAL DOCUMENTS our Heirs, and Successors, to and with the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and all others of the said second Colony, That We, our Heirs, and Successors, upon Petition in that Behalf to be made, shall, by Letters-patent under the Great Seal of England, GIVE and GRANT unto such Persons, their Heirs, and Assigns, as the Council of that Colony, or the most Part of them, shall, for that Purpose, nominate and assign, all the Lands, Tenements, and Hereditaments, which shall be within the Precincts limited for that Colony, as is afore said To BE HOLDEN of Us, our Heirs, and Successors, as of our Manour of East-Greenwich in the County of Kent, in free and common Soccage only, and not in Capite. XX. All which Lands, Tenements, and Hereditaments, so to be passed by the said several Letters-patent, shall be sufficient Assurance from the said Patentees, so distributed and divided amongst the Undertakers for the Plantation of the said several Colonies, and such as shall make their Plantations in either of the said several Colonies, in such Manner and Form, and for such Estates, as shall be ordered and set down by the Council of the said Colony, or the most Part of them, respectively, within which the same Lands, Tenements, and Hereditaments shall lye or be; Although express Mention of the true yearly Value or Cer tainty of the Premises, or any of them, or of any other Gifts or Grants, by Us or any of our Progenitors or Pred ecessors, to the aforesaid Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, or any of them, heretofore made, in these Presents, is not made; Or any ^ Statute, Act, Ordinance, or Provision, Proclamation, or Restraint, to the contrary hereof had, made, ordained, or any other Thing, Cause, or Matter whatsoever, in any wise notwithstanding. 16 NATIONAL DOCUMENTS In Witness whereof we have caused these our Letters to be made Patents; Witness Ourself at Westminster, the tenth Day of April, in the fourth Year of our Reign of England, France, and Ireland, and of Scotland the nine and thirtieth. 17 The Mayflower Compact 1620 In the name of God, Amen. We, whose names are under written, the loyal subjects of our dread sovereigne Lord, King James, by the grace of God, of Great Britaine, France, and Ireland king, defender of the faith, etc., having undertaken, for the glory of God, and advancement of the Christian faith, and honour of our king and country, a voyage to plant the first colony in the Northerne parts of Virginia, doe, by these presents solemnly and mutually in the presence of God, and one of another, covenant and combine ourselves together into a civill body politick, for our better ordering and preservation and furtherance of the ends aforesaid; and by virtue hereof to enacte, consti tute, and frame such just and equall laws, ordinances, acts, constitutions, and offices, from time to time, as shall be thought most meete and convenient for the generall good of the Colonie, unto which we promise all due submission and obedience. In witness whereof we have hereunder sub scribed our names at Cap-Codd the 11. of November, in the year of the raigne of our sovereigne lord, King James, of England, France, and Ireland, the eighteenth, and of Scotland the fif tie-fourth. Anno. Dom. 1620. 18 Articles of Confederation of the New England Colonies 1643 Articles of Confederation between the Plantations under the Government of Massachusetts, the Plantations under the Government of New Plymouth, the Plantations under the Government of Connecticut, and the Government of New Haven with the Plantations in Combination there with: Whereas we all came into these parts of America with one and the same end and aim, namely, to advance the king dom of our Lord Jesus Christ and to^fnjoy the liberties of the Gospel in purity with peace; and whereas in our settling (by a wise providence of God) we are further dis persed upon the sea coasts and rivfrs than was at first in tended, so that we can not according to our desire with con venience communicate in one government and jurisdiction; and whereas we live encompassed with people of several nations and strange languages which hereafter may prove injurious to us or our posterity; and forasmuch as the natives have formerly committed sundry insolences and outrages upon several plantations of the English and have of late combined themselves against us; and seeing, by reason of those sad distractions in England (which they have heard ofj^und by which they know we are hindered from that humble way of seeking advice or reaping those comfortable fr^ts of protection which at other times we might well expect ; we therefore do conceive it our bounden duty, without delay to enter into a present consociation amongst ourselves, for mutual help and strength in all our future concernments. That, as in nation and religion, so in 19 NATIONAL DOCUMENTS other respects, we be and continue one according to the tenor and true meaning of the ensuing articles. 1. Wherefore it is fully agreed and concluded by and between the parties or jurisdictions above named, and they jointly and severally do by these presents agree and conclude, that they all be and henceforth be called by the name of the United Colonies of New England. 2. The said United Colonies, for themselves and their posterities, do jointly and severally hereby enter into a firm and perpetual league of friendship and amity, for offence and defence, mutual advice and succor upon all just occasions, both for preserving and propagating the truth and liberties of the Gospel, and for their own mutual safety and welfare. 3. It is further* agreed that the plantations which at present are or hereafter shall be settled with [in] the limits of the Massachusetts $hall be forever under the Massachu setts, and shall have peculiar jurisdiction among themselves in all cases, as an entire body. And that Plymouth, Con necticut, and New Haven shall each of them have like peculiar jurisdiction an d government within their limits and in reference to the plantations which already are set tled, or shall hereafter be erected, or shall settle within their limits, respectively; provided no other jurisdiction shall hereafter be taken in, as a distinct head or member of this confederation, nor shall any other plantation or jurisdiction in present being, and not already in combina tion or under the jurisdiction of any of thefe confederates, be received by any of them; nor shall any two of the con federates join in one jurisdiction without consent of the rest, which consent to be interpreted as is expressed in the sixth article ensuing. 4. It is bji these confederates agreed, that the charge of all just wars, whether offensive or defensive, upon what part 20 NATIONAL DOCUMENTS or member of this confederation soever they fall, shall both in men, provisions, and all other disbursements be borne by all the parts of this confederation in different proportions according to their different abilities, in manner following: namely, that the commissioners for each jurisdiction from time to time, as there shall be occasion, bring a true account and number of all their males in every plantation, or any way belonging to or under their several jurisdictions, of what quality or condition soever they be, from 16 years old to 60, being inhabitants there; and that according to the different numbers which from time to time shall be found in each jurisdiction upon a true and just account, the service of men and all charges of the war be borne by the poll; each jurisdiction or plantation being left to their own just course and custom of rating themselves and people accord ing to their different estates with due respects to their qualities and exemptions amongst themselves though the confederates take no notice of any such privilege. And that according to their different charge of each jurisdiction and plantation, the whole advantage of the war (if it please God so to bless their endeavours,) whether it be in lands, goods, or persons, shall be proportionably divided among the said confederates. 5. It is further agreed, that if these jurisdictions, or any plantation under or in combination with them, be invaded by any enemy whomsoever, upon notice and request of any 3 magistrates of that jurisdiction so invaded, the rest of the confederates, without any further meeting or expos tulation, shall forthwith send aid to the confederate in danger, but in different proportions; namely, the Massa chusetts an hundred men sufficiently armed and provided for such a service and journey, and each of the rest, forty- five so armed and provided, or any lesser number, if less be required according to this proporticn. But if such confed- NATIONAL DOCUMENTS erate in danger may be supplied by their next confederates, not exceeding the number hereby agreed, they may crave help there, and seek no further for the present; the charge to be borne as in this article is expressed, and at the return to be victualled and supplied with powder and shot for their journey (if there be need) by that jurisdiction which em ployed or sent for them. But none of the jurisdictions to exceed these numbers till, by a meeting of the commission ers for this confederation, a greater aid appear necessary. And this proportion to continue till upon knowledge of greater numbers in each jurisdiction, which shall be brought to the next meeting, some other proportion be ordered. But in any such case of sending men for present aid, whether before or after such order or alteration, it is agreed that at the meeting of the commissioners for this confederation, the cause of such war or invasion be duly considered ; and if it appear that the fault lay in the parties so invaded then that jurisdiction or plantation make just satisfaction, both to the invaders whom they have injured, and bear all the charges of the war themselves, without requiring any allow ance from the rest of the confederates towards the same. And further, that if any jurisdiction see any danger of invasion approaching, and there be time for a meeting, that in such a case 3 magistrates of that jurisdiction may sum mon a meeting at such convenient place as themselves shall think meet, to consider and provide against the threatened danger, provided when they are met, they may remove to what place they please; only whilst any of these four con federates have but three magistrates in their jurisdiction, their requests, or summons, from any 2 of them shall be accounted of equal force with the 3 mentioned in both the clauses of this article, till there be an increase of magis trates there. 6. It is also agreed that, for the managing and conclud- NATIONAL DOCUMENTS ing of all affairs proper, and concerning the whole confed eration, two commissioners shall be chosen by and out of each of these 4 jurisdictions: namely, 2 for the Massachu setts, 2 for Plymouth, 2 for Connecticut, and 2 for New Haven, being all in Church-fellowship with us, which shall bring full power from their several General Courts respec tively to hear, examine, weigh, and determine all affairs of war, or peace, leagues, aids, charges, and numbers of men for war, division of spoils, and whatsoever is gotten by con quest, receiving of more confederates, or plantations into combination with any of the confederates, and all things of like nature, which are the proper concomitants or con sequents of such a confederation for amity, offence, and defence; not intermeddling with the government of any of the jurisdictions, which by the third article is preserved entirely to themselves. But if these 8 commissioners when they meet shall not all agree yet it [is] concluded that any 6 of the 8 agreeing shall have power to settle and deter mine the business in question. But if 6 do not agree, that then such propositions, with their reasons, so far as they have been debated, be sent and referred to the 4 General Courts ; namely, the Massachusetts, Plymouth, Connecticut, and New Haven; and if at all the said General Courts the business so referred be concluded, then to be prosecuted by the confederates and all their members. It is further agreed that these 8 commissioners shall meet once every year, besides extraordinary meetings (according to the fifth article,) to consider, treat, and conclude of all affairs be longing to this confederation, which meeting shall ever be the first Thursday in September. And that the next meet ing after the date of these presents, which shall be accounted the second meeting, shall be at Boston in the Massachusetts, the 3. at Hartford, the 4. at New Haven, the 5. at Plymouth, and so in course successively, if in the 23 NATIONAL DOCUMENTS meantime some middle place be not found out and agreed on, which may be commodious for all the jurisdictions. 7. It is further agreed, that at each meeting of these 8 Commissioners, whether ordinary or extraordinary, they or 6 of them agreeing as before, may choose their President out of themselves whose office and work shall be to take care and direct for order and a comely carrying on of all pro ceedings in the present meeting: but he shall be invested with no such power or respect, as by which he shall hinder the propounding or progress of any business, or any way cast the scales otherwise than in the precedent article is agreed. 8. It is also agreed, that the commissioners for this con federation hereafter at their meetings, whether ordinary or extraordinary, as they may have commission or opportunity, do endeavor to frame and establish agreements and orders in general cases of a civil nature, wherein all the plantations are interested, for the preserving of peace among themselves, and preventing as much as may be all occasion of war or differences with others; as about the free and speedy pas sage of justice, in every jurisdiction, to all the confederates equally as to their own ; not receiving those that remove from one plantation to another without due certificate; how all the jurisdictions may carry it towards the Indians, that they neither grow insolent, nor be injured without due satisfac tion, lest war break in upon the confederates through such miscarriages. It is also agreed that if any servant run away from his master into any other of these confederated juris dictions, that in such case, upon the certificate of one magis trate in the jurisdiction out of which the said servant fled, or upon other due proof, the said servant shall be delivered, either to his master, or any other that pursues and brings such certificate or proof. And that upon the escape of any prisoner whatsoever, or fugitive for any criminal cause, 24 NATIONAL DOCUMENTS whether breaking prison, or getting from the officer, or otherwise escaping, upon the certificate of 2 magistrates of the jurisdiction out of which the escape is made, that he was a prisoner, or such an offender at the time of the escape, they magistrates, some of them of that jurisdiction where for the present the said prisoner or fugitive abideth, shall forthwith grant such a warrant as the case will bear, for the apprehending of any such person, and the delivery of him into the hands of the officer or other person who pursues him. And if there be help required, for the safe returning of any such offender, then it shall be granted to him that craves the same, he paying the charges thereof. 9. And for that the justest wars may be of dangerous consequence, especially to the smaller plantations in these United Colonies, it is agreed that neither the Massachusetts, Plymouth, Connecticut, nor New Haven, nor any of the members of them, shall at any time hereafter begin, under take, or engage themselves, or this confederation, or any part thereof in any war whatsoever (sudden exigencies, with the necessary consequents thereof excepted, which are also to be moderated as much as the case will permit,) without the consent and agreement of the forementioned 8 com missioners, or at least 6 of them, as in the sixth article is provided. And that no charge be required of any of the confederates, in case of a defensive war, till the said com missioners have met, and approved the justice of the war, and have agreed upon the sum of money to be levied, which sum is then to be paid by the several confederates in pro portion according to the fourth article. 10. That in extraordinary occasions, when meetings are summoned by three magistrates of any jurisdiction, or 2 as in the 5. article, if any of the commissioners come not, due warning being given or sent, it is agreed that 4 of the 25 NATIONAL DOCUMENTS commissioners shall have power to direct a war which can not be delayed, and to send for due proportions of men out of each jurisdiction, as well as 6 might do if all met; but not less than 6 shall determine the justice of the war, or allow the demands or bills of charges, or cause any levies to be made for the same. 11. It is further agreed that if any of the confederates shall hereafter break any of these present articles, or be any other way injurious to any one of the other jurisdictions; such breach of agreement or injury shall be duly considered and ordered by the commissioners for the other jurisdic tions, that both peace and this present confederation may be entirely preserved without violation. 12. Lastly, this perpetual confederation, and the several articles and agreements thereof being read, and seriously considered, both by the General Court for the Massachu setts, and by the commissioners for Plymouth, Connecticut, and New Haven, were fully allowed and confirmed by three of the forenamed confederates, namely, the Massachusetts, Connecticut, and New Haven; only the commissioners for Plymouth having no commission to conclude, desired respite until they might advise with their General Court; where upon it was agreed and concluded by the said Court of the Massachusetts, and the commissioners for the other two confederates, that, if Plymouth consent, then the whole treaty as it stands in these present articles is, and shall continue, firm and stable without alteration. But if Plym outh come not in, yet the other three confederates do by these presents confirm the whole confederation, and all the articles thereof; only in September next when the second meeting of the commissioners is to be at Boston, new con sideration may be taken of the 6. article, which concerns number of commissioners for meeting and concluding the affairs of this confederation to the satisfaction of the 26 NATIONAL DOCUMENTS Court of the Massachusetts, and the commissioners for the other 2 confederates, but the rest to stand unquestioned. In the testimony whereof, the General Court of the Massa chusetts, by their Secretary, and the commissioners for Con necticut and New Haven, have subscribed these present articles this 19. of the third month, commonly called May, Anno Dom: 1643. At a meeting of the commissioners for the confederation held at Boston the 7. of September, it appearing that the General Court of New Plymouth and the several townships thereof have read, considered, and approved these Articles of confederation, as appeareth by commission of their Gen eral Court bearing date the 2Q. of August, 1643, to Mr. Edward Winslow and Mr. William Collier, to ratify and confirm the same on their behalf. We therefore, the com missioners for the Massachusetts, Connecticut, and New Haven, do also for our several Governments subscribe unto them. JOHN WINTHROP, Governor of the Massachusetts, THO. DUDLEY, EDWA. HOPKINS, GEO. FENWICK, THOMAS GREGSON. THEOPH. EATON, 27 A Typical Early Indian Treaty 1645 A Treaty and agreement betwixt the Comissioners for the United Colonies of New England on the one part And Pessecus Mexanno eldest of Canownacus Sonns Jannemo (als) Nenegelett and Wipetamock and others Sagamores of the Narrohiggansets and Nyantick Indians on the other part made and concluded at Bostone in the Massachusetts the xxviith of the sixth month 1645. 1. A Warr being raised and persecuted by the Narrohig gansets and Nyantick Indians against Uncas Sagamore of the Mohegans contrary to former treaties and their expresse engagements therein,, the English Colonies were first put upon charg and inconvenience in sending men for the defence of Uncas, then they sent Messengers to the Narro higgansets and Nyantick Sagamores to stay their warr till the English according to former covenant and agreement had heard their greevances but without successe : And lastly were forced to prepare an offensive warr against them. Yet the Comissioners before the warr began sent other Messen gers to the Narrohigganset Sagamores to offer them peace upon due satisfaccion for what was past and other just termes for the future. 2. Pessecus and Mexanno with other Captaines and Coun sellors of the Narrohiggansets and one Deputie for the Nyanticks being come to Bostone, and joyntly affirmeing they had comission to treate and conclude not onely for the Narrohiggansett but for the Nyantick Indians, and engageing themselves one for another were after a large debate and conferrence about greevances betwixt them selves and Uncas, and a due Consideracon of former Treat ies and agreements with the English convinced and 28 NATIONAL DOCUMENTS acknowledged that they had broken their Covenants and had thereby not onely endamaged Uncas but had brought much charg and trouble upon all the English Colonies which they confest were just they should satisfy. 3. It was agreed betwixt the Comissioners of the United Colonies and the foremenconed Sagamores and Ny an tick Deputie That the said Narrohigganset and Nyantick Sag amores should pay or cause to be payd at Boston to the Massachusetts Comissioners the full sum of two thousand fathome of good white wampum or a third part of good black wampum peage in four payments namely five hundred fathome within twenty dayes, five hundred fathome within f oure months, five hundred fathome at or before next planting tyme and five hundred within two years next after the date of these presents which two thousand fathome the Comissioners accept for satisfaccon of former charges expended. 4. The foresaid Sagamores and Deputie on the behalf of the Narrohigganset and Nyantick Indians hereby prom ise and covenant that they will upon demaund and proofe satisfy and restore unto Uncas the Mohegan Sagamore all such Captives whether men weomen or children and all such Canoues [canoes] as they or any of their men have taken, or as many of their own Canoues in the roome of them full as good as they were with full satisfaccon for all such Corne as they or any of their men have spoiled or destroyed of his or his mens since last planting tyme And the English Comis sioners hereby promise that Uncas shall do the like to them. 5. Whereas there are sondry differences and greev- ances betwixt Narrohigganset and Nyantick Indians and Uncas and his men (which in Uncas his absence cannot now be determyned) It is hereby agreed that Narrohigganset and Nyantick Sagamores either come themselves or send their deputies to the next meeting of the Comissioners for the NATIONAL DOCUMENTS Colonies either at New Haven in September 1646 or sooner (oopon convenyent warneing if the Comissioners do meete sooner) fully instructed to declare and make due proof e of their injuries and to submit to the Judgment of the Com issioners for the United Colonies in giveing or receiveing satis faccon, and the said Comissioners (not doubting but Uncas will either come himself or send his Deputies in like manner furnished) promise to give a full hearing to both parties with equall justice without any partial respect according to their allegacons [allegations] and promises. 6. The said Narrohigganset and Nyantick Sagamores and deputies do hereby promise and covenant to keepe and maintayne a firm and perpetuall peace both with all the English United Colonies and their Successors and with Uncas the Mohegan Sachim and his men with Ussamequin, Pomham, Sokaknooco, Cutchamakin, Shoanan, Passacon- away, and their companies, who are in friendship with or subject to any of the English hereby engaging themselves that they will not at any tyme hereafter, disturbe the peace of the Countrey, by any assaults, hostile attempts, invasions or other injuries, to any of the United Colonies or their Successors or to the aforesaid Indians either in their per sons building cattell or goods directly or indirectly, nor will they confederate with any other against them, and if they know of any Indians or others that conspire or intend hurt either against the said English or any Indian subject to or in friendship with them, they will without delay acquaint and give notice thereof to the English Comis sioners or some of them. And if any questions or differences shall at any time hereafter arise or grow between them, and Uncas or any Indians before menconed, [mentioned] they will according to former engagements (which they hereby confirm and ratify) first acquaint the English and crave their judg- 30 NATIONAL DOCUMENTS ments and advice therein, and will not attempt or begin any warr or hostile invasion till they have liberty and allowance from the Comissioners of the United Colonies so to doe. 7. The said Narrohigganset and Nyantick Sagamores and Deputie do hereby promise that they will forthwith deliver and restore all such Indian fugitives or captives which have at any time fled from any of the English, and are now liveing or abiding with or amongst them, or give due satisf accon for them to the Comissioners for the Massa- chusets, And further that they will (without more delayes) pay or cause to be payd an yearely tribute a month before Indian harvest every yeare after this at Bostone to the English Colonies for all such Peacotts [Pequots] as live amongst them according to the former treatie and agree ment made at Hartford 1638 namely one fathome of white wampum for every Peacott man, and half a fathome for eich Peacott youth and one hand length of wampum for eich Peacott man child And if Weekwash Cake refuse to pay this tribute for any Peacotts with him the Narrohig ganset Sagamores promise to assist the English against him. And they further covenant that they will resigne and yielde up the whole Peacott countrey and every part of it to the English Colonies, as due to them by Conquest. 8. The said Narrohigganset and Nyantick Sagamores and deputy do hereby promise and covenant that within fourteene dayes they will bring and deliver to the Massa- chusets Comissioners on behalf of all the Colonies foue [four] of their children vizt. Pissacus his eldest sonn, the sonn of Tassaquanawitt brother to Pissacus Awashanoe his sonn and Ewangesos sonn a Nyantick to be kept (as pledges or hostages) by the English till both the foremenconed two thousand fathome of wampum be payd at the tymes above expressed and the differences betwixt themselves and Uncas be heard and ordered, and till these articles of agreement 31 NATIONAL DOCUMENTS be underwritten at Boston by Jannemo and Wypetock. And further they hereby promise and covenant that if at any tyme hereafter any of the said Children shall make escape or be conveyed away from the English before the premisses be fully accomplished, they will either bring back and deliver to the Massachusets Comissioners the same children, or if they be not to be found, such and so many other chil dren to be chosen by the Comissioners for the United Col onies or their assignes, and that within twenty dayes after demaund, and in the mean tyme until the said f oure children be delivered as hostages the Narrohigganset and Nyantick Sagamores and Deputie do freely and of their owne accord leave with the Massachusets Comissioners as pledges for present securitie foure Indians namely Witowash Pomamse Jawassoe Waugwamino, who also freely consent and offer themselves to stay as pledges, till the said Children be brought and delivered as abovesaid. 9. The Comissioners for the United Colonies do hereby promise and agree That at the charg of the United Colonies the foure Indians now left as pledges shalbe provided for, and that the foure children to be brought and delivered as hostages, shalbe kept and mayntained at the same charg, that they will require Uncas and his men with all the other Indian Sagamores beforenamed to forbeare all acts of hos tility against the Narrohigganset and Nyantick Indians for the future. And further all the premisses being duly observed and kept by the Narrohigganset and Nyantick In dians and their company ; they will at the end of two years restore the said children delivered as hostages and retayne a firme peace with the Narrohigganset and Nyantick In dians and their Successors. 10. It is fully agreed by and betwixt the said parties that if any hostile attempt be made while this treaty is in hand or before notice of this agreement (to stay former NATIONAL DOCUMENTS preparacons and Direcons) can be given, such attempts and the consequents thereof shall on neither part be ac counted a vyolacon [violation] of this treaty nor a breach of the peace here made and concluded. 11. The Narrohigganset and Nyantick Sagamores and Deputie hereby agree and covenant to and with the Comis- sioners of the United Colonies that henceforward they will neither give graunt sell nor in any manner alienate any part of their Countrey, nor any parcell of land therein either to any of the English or others without consent or allowance of the said Comissioners. 12. Lastly they promise that if any Peacott or other be found and discovered amongst them who hath in tyme of peace murthered any of the English, he or they shalbe delivered to just punishment. In witnes whereof the parties abovenamed have interchaungably subscribed these presents the day and yeare above written. The marke of Pessecus The marke of Aumsaaquen the Nyantick Deputy Abdas marke The marke of Pommush Cutchamakins marke The marke of Weekesanno The marke of Wittowash [Totem signs attached to each signature.] Declaration of Rights 1765 The members of this congress, sincerely devoted, with the warmest sentiments of affection and duty to his maj esty s person and government, inviolably attached to the present happy establishment of the protestant succession, and with minds deeply impressed by a sense of the present and impending misfortunes of the British colonies on this continent; having considered as maturely as time will permit, the circumstances of the said colonies, esteem it our indispensable duty to make the following declarations of our humble opinion, respecting the most essential rights and liberties of the colonists, and of the grievances under which they labour, by reason of several late acts of parlia ment. 1. Thnt his majesty s subjects in these colonies, owe the same allegiance to the crown of Great Britain, that is owing from his subjects born within the realm, and all due subordination to that august body the parliament of Great Britain. 2. That his majesty s liege subjects in these colonies, are entitled to all the inherent rights and liberties of his natural born subjects, within the kingdom of Great Britain. 3. That it is inseparably essential to the freedom of a people, and the undoubted right of Englishmen, that no taxes be imposed on them but with their own consent, given personally, or by their representatives. 4. That the people of these colonies are not, and, from their local circumstances, cannot be, represented in the House of Commons in Great Britain. 5. That the only representatives of the people of these colonies, are persons chosen therein by themselves ; and that 34 NATIONAL DOCUMENTS no taxes ever have been,, or can be constitutionally imposed on them, but by their respective legislatures. 6. That all supplies to the crown being free gifts of the people, it is unreasonable and inconsistent with the prin ciples and spirit of the British constitution, for the people of Great Britain to grant to his majesty the property of the colonists. 7. That trial by jury, is the inherent and invaluable right of every British subject in these colonies. 8. That the late act of parliament, entitled, an act for granting and applying certain stamp duties, and other duties, in the British colonies and plantations in America, &c., by imposing taxes on the inhabitants of these colonies, and the said act, and several other acts, by extending the jurisdiction of the courts of admiralty beyond its ancient limits, have a manifest tendency to subvert the rights and liberties of the colonists. 9. That the duties imposed by several late acts of parlia ment, from the peculiar circumstances of these colonies, will be extremely burdensome and grievous; and from the scarcity of specie, the payment of them absolutely imprac ticable. 10. That as the profits of the trade of these colonies ulti mately center in Great Britain, to pay for the manufactures which they are obliged to take from thence, they eventually contribute very largely to all supplies granted there to the crown. 11. That the restrictions imposed by several late acts of parliament on the trade of these colonies, will render them unable to purchase the manufactures of Great Britain. 12. That the increase, prosperity and happiness of these colonies, depend on the full and free enjoyments of their rights and liberties, and an intercourse with Great Britain mutually affectionate and advantageous. 35 NATIONAL DOCUMENTS 13. That it is the right of the British subjects in these colonies, to petition the king, or either house of parliament. Lastly, That it is the indispensable duty of these colonies, to the best of sovereigns, to the mother country, and to themselves, to endeavour by a loyal and dutiful address to his majesty, and humble applications to both houses of par liament, to procure the repeal of the act for granting and applying certain stamp duties, of all clauses of any other acts of parliament, whereby the jurisdiction of the ad miralty is extended as aforesaid, and of the other late acts for the restriction of American commerce. Declaration and Resolves of the First Conti nental Congress 1774 Whereas, since the close of the last war, the British par liament, claiming a power, of right, to bind the people of America by statutes in all cases whatsoever, hath, in some acts, expressly imposed taxes on them, and in others, under various pretences, but in fact for the purpose of raising a revenue, hath imposed rates and duties payable in these colonies, established a board of commissioners, with uncon stitutional powers, and extended the jurisdiction of courts of admiralty, not only for collecting the said duties, but for the trial of causes merely arising within the body of a county. And whereas, in consequence of other statutes, judges, who before held only estates at will in their offices, have been made dependant on the crown alone for their salaries, and standing armies kept in times of peace: And whereas it has lately been resolved in parliament, that by force of a statute, made in the thirty-fifth year of the reign of King Henry the eighth, colonists may be transported to England, and tried there upon accusations for treasons, and mispri- sions, or concealments of treasons committed in the colonies, and by a late statute, such trials have been directed in cases therein mentioned: And whereas, in the last session of parliament, three statutes were made ; one entitled, " An act to discontinue, in such manner and for such time as are therein mentioned, the landing and discharging, lading, or shipping of goods, wares and merchandise, at the town, and within the harbour of Boston, in the province of Massachusetts-Bay in North- America ; " another entitled, " An act for the better regulat- 37 NATIONAL DOCUMENTS ing the government of the province of Massachusetts-Bay in New England; " and another entitled, " An act for the impartial administration of justice, in the cases of per sons questioned for any act done by them in the execution of the law, or for the suppression of riots and tumults, in the province of the Massachusetts-Bay in New Eng land; " and another statute was then made, " for making more effectual provision for the government of the province of Quebec, &c." All which statutes are impolitic, unjust, and cruel, as well as unconstitutional, and most dangerous and destructive of American rights : And whereas, assemblies have been frequently dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances; and their dutiful, humble, loyal and reasonable petitions to the crown for redress, have been repeatedly treated with contempt, by his majesty s ministers of state: The good people of the several colonies of New-Hamp shire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New- York, New- Jersey, Pennsyl vania, New Castle, Kent, and Sussex on Delaware, Mary land, Virginia, North-Carolina, and South-Carolina, justly alarmed at these arbitrary proceedings of parliament and administration, have severally elected, constituted, and appointed deputies to meet, and sit in General Congress, in the city of Philadelphia, in order to obtain such establish ment, as that their religion, laws, and liberties, may not be subverted: Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors in like cases have usually done, for asserting arid vindicating their rights and liberties, DECLARE, 38 NATIONAL DOCUMENTS That the inhabitants of the English colonies in North- America, by the immutable laws of nature, the principles of the English constitution, and the several charters or com pacts, have the following RIGHTS: Resolved, N. C. D. 1. That they are entitled to life, lib erty and property, and they have never ceded to any sov ereign power whatever, a right to dispose of either without their consent. Resolved, N. C. D. 2. That our ancestors, who first set tled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural-born subjects, within the realm of England. Resolved, N. C. D. 3. That by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them, as their local and other circumstances enable them to ex ercise and enjoy. Resolved, 4. That the foundation of English liberty, and of all free government, is a right in the people to par ticipate in their legislative council: and as the English colo nists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been here tofore used and accustomed. But, from the necessity of the case, and a regard to the mutual interest of both coun tries, we cheerfully consent to the operation of such acts of the British parliament, as are bona fide, restrained to the regulation of our external commerce, for the purpose NATIONAL DOCUMENTS of securing the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members; excluding every idea of taxation in ternal or external, for raising a revenue on the subjects, in America, without their consent. Resolved, N. C. D. 5. That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law. Resolved, 6. That they are entitled to the benefit of such of the English statutes, as existed at the time of their col onization; and which they have, by experience, respectively found to be applicable to their several local and other cir cumstances. Resolved, N. C. D. 7. That these, his majesty s col onies, are likewise entitled to all the immunities and privi leges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws. Resolved, N. C. D. 8. That they have a right peaceably to assemble, consider of their grievances, and petition the king; and that all prosecutions, prohibitory proclamations, and commitments for the same, are illegal. Resolved, N. C. D. 9- That the keeping a standing army in these colonies, in times of peace, without the consent of the legislature of that colony, in which such army is kept, is against law. Resolved, N. C. D. 10. It is indispensably necessary to good government, and rendered essential by the English constitution, that the constituent branches of the legislature be independent of each other; that, therefore, the exercise of legislative power in several colonies, by a council ap pointed, during pleasure, by the crown, is unconstitutional, dangerous and destructive to the freedom of American legislation. 40 NATIONAL DOCUMENTS All and each of which the aforesaid deputies, in behalf of themselves, and their constituents, do claim, demand, and insist on, as their indubitable rights and liberties; which cannot be legally taken from them, altered or abridged by any power whatever, without their own consent, by their representatives in their several provincial legis latures. In the course of our inquiry, we find many infringements and violations of the foregoing rights, which, from an ardent desire, that harmony and mutual intercourse of affection and interest may be restored, we pass over for the present, and proceed to state such acts and measures as have been adopted since the last war, which demonstrate a system formed to enslave America. Resolved, N. C. D. That the following acts of parlia ment are infringements and violations of the rights of the colonists ; and that the repeal of them is essentially neces sary, in order to restore harmony between Great-Britain and the American colonies, viz. The several acts of 4 Geo. III. ch. 15. and ch. 34. 5 Go. III. ch. 25. 6 Geo. III. ch. 52. 7 Geo. III. ch. 41. and ch. 46. 8 Geo. III. ch. 22. which impose duties for the purpose of raising a revenue in America, extend the power of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorize the judges certificate to indemnify the prosecutor from damages, that he might otherwise be liable to, requiring oppressive secur ity from a claimant of ships and goods seized, before he shall be allowed to defend his property, and are subversive of American rights. Also 12 Geo. III. ch. 24. entitled, " An act for the better securing his majesty s dock-yards, magazines, ships, am munition, and stores," which declares a new offence in America, and deprives the American subject of a constitu- 41 NATIONAL DOCUMENTS tional trial by jury of the vicinage, by authorizing the trial of any person, charged with the committing any offence described in the said act, out of the realm, to be indicted and tried for the same in any shire or county within the realm. Also the three acts passed in the last session of parlia ment, for stopping the port and blocking up the harbour of Boston, for altering the charter and government of Massa chusetts-Bay, and that which is entitled, " An act for the better administration of justice, &c." Also the act passed in the same session for establishing the Roman Catholic religion, in the province of Quebec, abolishing the equitable system of English laws, and erect ing a tyranny there, to the great danger, (from so total a dissimilarity of religion, law and government) of the neigh bouring British colonies, by the assistance of whose blood and treasure the said country was conquered from France. Also the act passed in the same session, for the better providing suitable quarters for officers and soldiers in his majesty s service, in North- America. Also, that the keeping a standing army in several of these colonies, in time of peace, without the consent of the legislature of that colony, in which such army is kept, is against law. To these grievous acts and measures, Americans cannot submit, but in hopes their fellow subjects in Great-Britain will, on a revision of them, restore us to that state, in which both countries found happiness and prosperity, we have for the present, only resolved to pursue the following peace able measures: 1. To enter into a non-importation, non- consumption, and non-exportation agreement or association. 2. To prepare an address to the people of Great-Britain, and a memorial to the inhabitants of British America: and 3. To prepare a loyal address to his majesty, agreeable to resolutions already entered into. 42 Declaration of the Causes and Necessity of Taking up Arms 1775 A declaration by the Representatives of the United Col onies of North-America, now met in Congress at Phila delphia, setting forth the causes and necessity of them tak ing up arms. If it was possible for men, who exercise their reason to believe, that the divine Author of our existence intended a part of the human race to hold an absolute property in, and an unbounded power over others, marked out by his infinite goodness and wisdom, as the objects of a legal domination never rightfully resistible, however severe and oppressive, the inhabitants of these colonies might at least require from the parliament of Great-Britain some evidence, that this dreadful authority over them, has been granted to that body. But a reverence for our great Creator, principles of humanity, and the dictates of common sense, must convince all those who reflect upon the subject, that government was instituted to promote the welfare of mankind, and ought to be administered for the attainment of that end. The legis lature of Great-Britain, however, stimulated by an inor dinate passion for a power not only unjustifiable, but which they know to be peculiarly reprobated by the very constitu tion of that kingdom, and desperate of success in any mode of contest, where regard should be had to truth, law, or right, have at length, deserting those, attempted to effect their cruel and impolitic purpose of enslaving these colonies by violence, and have thereby rendered it necessary for us to close with their last appeal from reason to arms. Yet, however blinded that assembly may be, by their intemperate 43 NATIONAL DOCUMENTS rage for unlimited domination, so to slight justice and the opinion of mankind, we esteem ourselves bound by obliga tions of respect to the rest of the world, to make known the justice of our cause. Our forefathers, inhabitants of the island of Great- Britain, left their native land, to seek on these shores a resi dence for civil and religious freedom. At the expense of their blood, at the hazard of their fortunes, without the least charge to the country from which they removed, by unceas ing labour, and an unconquerable spirit, they effected settle ments in the distant and inhospitable wilds of America, then filled with numerous and warlike nations of barbarians. Societies or governments, vested with perfect legislatures, were formed under charters from the crown, and an har monious intercourse was established between the colonies and the kingdom from which they derived their origin. The mutual benefits of this union became in a short time so extraordinary, as to excite astonishment. It is universally confessed, that the amazing increase of the wealth, strength, and navigation of the realm, arose from this source; and the minister, who so wisely and successfully directed the measures of Great-Britain in the late war, publicly declared, that these colonies enabled her to triumph over her enemies. Towards the conclusion of that war, it pleased our sovereign to make a change in his counsels. From that fatal moment, the affairs of the British empire began to fall into confusion, and gradually sliding from the summit of glorious prosperity, to which they had been ad vanced by the virtues and abilities of one man, are at length distracted by the convulsions, that now shake it to its deep est foundations. The new ministry finding the brave foes of Britain, though frequently defeated, yet still contending, took up the unfortunate idea of granting them a hasty peace, and of then subduing her faithful friends. 44 NATIONAL DOCUMENTS These devoted colonies were judged to be in such a state, as to present victories without bloodshed, and all the easy emoluments of statuteable plunder. The uninterrupted tenor of their peaceable and respectful behaviour from the beginning of colonization, their dutiful, zealous, and useful services during the war, though so recently and amply acknowleged in the most honourable manner by his majesty, by the late king, and by parliament, could not save them from the meditated innovations. Parliament was influenced to adopt the pernicious project, and assuming a new power over them, have in the course of eleven years, given such decisive specimens of the spirit and consequences attending this power, as to leave no doubt concerning the effects of acquiescence under it. They have undertaken to give and grant our money without our consent, though we have ever exercised an exclusive right to dispose of our own property; statutes have been passed for extending the juris diction of courts of admiralty and vice-admiralty beyond their ancient limits ; for depriving us of the accustomed and inestimable privilege of trial by jury, in cases affecting both life and property; for suspending the legislature of one of the colonies; for interdicting all commerce to the capital of another; and for altering fundamentally the form of government established by charter, and secured by acts of its own legislature solemnly confirmed by the crown ; for exempting the " murderers " of colonists from legal trial, and in effect, from punishment; for erecting in a neighbouring province, acquired by the joint arms of Great- Britain and America, a despotism dangerous to our very exist ence; and for quartering soldiers upon the colonists in time of profound peace. It has also been resolved in parliament, that colonists charged with committing certain offences, shall be transported to England to be tried. But why should we enumerate our injuries in detail? By 45 NATIONAL DOCUMENTS one statute it is declared, that parliament can " of right make laws to bind us in all cases whatsoever." What is to defend us against so enormous, so unlimited a power ? Not a single man of those who assume it, is chosen by us; or is subject to our controul or influence; but, on the contrary, they are all of them exempt from the operation of such laws, and an American revenue, if not diverted from the ostensible purposes for which it is raised, would actually lighten their own burdens in proportion, as they increase ours. We saw the misery to which such despotism would reduce us. We for ten years incessantly and ineffectually besieged the throne as supplicants ; we reasoned, we remon strated with parliament, in the most mild and decent lan guage. Administration, sensible that we should regard these oppressive measures as freemen ought to do, sent over fleets and armies to enforce them. The indignation of the Amer icans was roused, it is true ; but it was the indignation of a virtuous, loyal, and affectionate people. A Congress of delegates from the United Colonies was assembled at Phila delphia, on the fifth day of last September. We resolved again to offer an humble and dutiful petition to the king, and also addressed our fellow-subjects of Great-Britain. We have pursued every temperate, every respectful meas ure: we have even proceeded to break off our commercial intercourse with our fellow-subjects, as the last peaceable admonition, that our attachment to no nation upon earth should supplant our attachment to liberty. This, we flat tered ourselves, was the ultimate step of the controversy: but subsequent events have shewn, how vain was this hope of finding moderation in our enemies. Several threatening expressions against the colonies were inserted in his majesty s speech; our petition, though we were told that it was a decent one, and that his majesty had 46 NATIONAL DOCUMENTS been pleased to receive it graciously, and to promise laying it before his parliament, was huddled into both houses among a bundle of American papers, and there neglected. The lords and commons in their address, in the month of February, said, that " a rebellion at that time actually existed within the province of Massachusetts-Bay; and that those concerned in it, had been countenanced and encouraged by unlawful combinations and engagements, entered into by his majesty s subjects in several of the other colonies; and therefore they besought his majesty, that he would take the most effectual measures to enforce due obedience to the laws and authority of the supreme legislature." Soon after, the commercial intercourse of whole colonies, with foreign countries, and with each other, was cut off by an act of parliament; by another, several of them were entirely prohibited from the fisheries in the seas near their coasts, on which they always depended for their sustenance; and large reinforcements of ships and troops were immediately sent over to general Gage. Fruitless were all the entreaties, arguments, and elo quence of an illustrious band of the most distinguished peers, and commoners, who nobly and strenuously asserted the justice of our cause, to stay, or even to mitigate the heedless fury with which these accumulated and unexampled outrages were hurried on. Equally fruitless was the inter ference of the city of London, of Bristol, and many other respectable towns in our favor. Parliament adopted an insidious manoeuvre calculated to divide us, to establish a perpetual auction of taxations where colony should bid against colony, all of them uninformed what ransom would redeem their lives ; and thus to extort from us, at the point of the bayonet, the unknown sums that should be sufficient to gratify, if possible to gratify, ministerial rapacity, with the miserable indulgence left to us of raising, in our own 47 NATIONAL DOCUMENTS mode, the prescribed tribute. What terms more rigid and humiliating could have been dictated by remorseless victors to conquered enemies? in our circumstances to accept them, would be to deserve them. Soon after the intelligence of these proceedings arrived on this continent, general Gage, who in the course of the last year had taken possession of the town of Boston, in the province of Massachusetts-Bay, and still occupied it as a garrison, on the 19th day of April, sent out from that place a large detachment of his army, who made an unprovoked assault on the inhabitants of the said province, at the town of Lexington, as appears by the affidavits of a great num ber of persons, some of whom were officers and soldiers of that detachment, murdered eight of the inhabitants, and wounded many others. From thence the troops proceeded in warlike array to the town of Concord, where they set upon another party of the inhabitants of the same province, killing several and wounding more, until compelled to retreat by the country people suddenly assembled to repel this cruel aggression. Hostilities, thus commenced by the British troops, have been since prosecuted by them without regard to faith or reputation. The inhabitants of Boston being confined within that town by the general their gov ernor, and having, in order to procure their dismission, entered into a treaty with him, it was stipulated that the said inhabitants having deposited their arms with their own magistrates, should have liberty to depart, taking with them their other effects. They accordingly delivered up their arms, but in open violation of honour, in defiance of the obligation of treaties, which even savage nations esteemed sacred, the governor ordered the arms deposited as afore said, that they might be preserved for their owners, to be seized by a body of soldiers; detained the greatest part of the inhabitants in the town, and compelled the few who 48 NATIONAL DOCUMENTS were permitted to retire, to leave their most valuable effects behind. By this perfidy wives are separated from their husbands, children from their parents, the aged and the sick from their relations and friends, who wish to attend and comfort them; and those who have been used to live in plenty and even elegance, are reduced to deplorable distress. The general, further emulating his ministerial masters, by a proclamation bearing date on the 12th day of June, after venting the grossest falsehoods and calumnies against the good people of these colonies, proceeds to " declare them all, either by name or description, to be rebels and traitors, to supersede the course of the common law, and instead thereof to publish and order the use and exercise of the law martial." His troops have butchered our country men, have wantonly burnt Charlestown, besides a consider able number of houses in other places ; our ships and vessels are seized; the necessary supplies of provisions are inter cepted, and he is exerting his utmost power to spread destruction and devastation around him. We have received certain intelligence, that general Carle- ton, the governor of Canada, is instigating the people of that province and the Indians to fall upon us ; and we have but too much reason to apprehend, that schemes have been formed to excite domestic enemies against us. In brief, a part of these colonies now feel, and all of them are sure of feeling, as far as the vengeance of administration can inflict them, the complicated calamities of fire, sword, and famine. We are reduced to the alternative of chusing an unconditional submission to the tyranny of irritated minis ters, or resistance by force. The latter is our choice. We have counted the cost of this contest, and find nothing so dreadful as voluntary slavery. Honour, justice, and humanity, forbid us tamely to surrender that freedom which 49 NATIONAL DOCUMENTS we received from our gallant ancestors, and which our inno cent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding gener ations to that wretchedness which inevitably awaits them, if we basely entail hereditary bondage upon them. Our cause is just. Our union is perfect. Our internal resources are great, and, if necessary, foreign assistance is undoubtedly attainable. We gratefully acknowledge, as signal instances of the Divine favor towards us, that his Providence would not permit us to be called into this severe controversy, until we were grown up to our present strength, had been previously exercised in warlike operation, and possessed of the means of defending ourselves. With hearts fortified with these animating reflections, we most solemnly, before God and the world, declare, that, exert ing the utmost energy of those powers, which our benefi cent Creator hath graciously bestowed upon us, the arms we have been compelled by our enemies to assume, we will, in defiance of every hazard, with unabating firmness and per severance, employ for the preservation of our liberties ; being with one mind resolved to die freemen rather than live slaves. Lest this declaration should disquiet the minds of our friends and fellow-subjects in any part of the empire, we assure them that we mean not to dissolve that union which has so long and so happily subsisted between us, and which we sincerely wish to see restored. Necessity has not yet driven us into that desperate measure, or induced us to excite any other nation to war against them. We have not raised armies with ambitious designs of separating from Great-Britain, and establishing independent states. We fight not for glory or for conquest. We exhibit to mankind the remarkable spectacle of a people attacked by unpro voked enemies, without any imputation or even suspicion of 50 NATIONAL DOCUMENTS offence. They boast of their privileges and civilization, and yet proffer no milder conditions than servitude or death. In our own native land, in defence of the freedom that is our birth-right, and which we ever enjoyed till the late violation of it for the protection of our property, acquired solely by the honest industry of our fore-fathers and our selves, against violence actually offered, we have taken up arms. We shall lay them down when hostilities shall cease on the part of the aggressors, and all danger of their being renewed shall be removed, and not before. With an humble confidence in the mercies of the supreme and impartial Judge and Ruler of the Universe, we most devoutly implore his divine goodness to protect us happily through this great conflict, to dispose our adversaries to reconciliation on reasonable terms, and thereby to relieve the empire from the calamities of civil war. 51 The Declaration of Independence 1776 When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriv ing their just powers from the consent of the governed, That whenever any Form of Government becomes destruc tive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Des potism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Such has been the patient sufferance of these Col- 52 NATIONAL DOCUMENTS onies ; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of imme diate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other Laws for the accommoda tion of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only. He has called together legislative bodies at places unu sual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws of Natural ization of Foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands. 53 NATIONAL DOCUMENTS He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance. He has kept among us, in times of peace, Standing Armies without the Consent of our legislature. He has affected to render the Military independent of and superior to the Civil Power. He has combined with others to subject us to a juris diction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their acts of pretended legislation : For quartering large bodies of armed troops among us: For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabi tants of these States: For cutting off our Trade with all parts of the world: For imposing taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pre tended offences: For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies : For taking away our Charters, abolishing our most valu- 54 NATIONAL DOCUMENTS able Laws, and altering fundamentally the Forms of our Governments : For suspending our own Legislature, and declaring them selves invested with Power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his Protection and waging War against us. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Peti tions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People. Nor have We been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the cir cumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we 55 NATIONAL DOCUMENTS have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably inter rupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of man kind, Enemies in War, in Peace Friends. We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States ; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, con clude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor. JOHN HANCOCK. New Hampshire JOSIAH BARTLETT MATTHEW THORNTON WM. WHIPPLE Massachusetts Bay SAML. ADAMS ROBT. TREAT PAINE JOHN ADAMS ELBRIDGE GERRY 56 NATIONAL DOCUMENTS Rhode Island STEP. HOPKINS WILLIAM ELLERY Connecticut ROGER SHERMAN WM. WILLIAMS SAM EL HUNTINGTON OLIVER WOLCOTT New York WM. FLOYD PHIL. LIVINGSTON RICHD. STOCKTON JNO. WlTHERSPOON FRAS. HOPKINSON ROBT. MORRIS BENJAMIN RUSH BENJA. FRANKLIN JOHN MORTON GEO. CLYMER CAESAR RODNEY GEO. READ SAMUEL CHASE WM. PACA FRANS. LEWIS LEWIS MORRIS New Jersey JOHN HART ABRA. CLARK Pennsylvania JAS. SMITH GEO. TAYLOR JAMES WILSON GEO. Ross Delaware THO. M KEAN Maryland THOS. STONE CHARLES CARROLL of Car- rollton 57 NATIONAL DOCUMENTS Virginia GEORGE WYTHE THOS. NELSON, jr. RICHARD HENRY LEE FRANCIS LIGHTFOOT LEE TH. JEFFERSON CARTER BRAXTON BENJA. HARRISON North Carolina WM. HOOPER JOHN PENN JOSEPH HEWES South Carolina EDWARD RUTLEDGE THOMAS LYNCH, junr THOS. HEYWARD, junr ARTHUR MIDDLETON, Georgia BUTTON GWINNETT GEO. WALTON LYMAN HALL 58 Articles of Confederation 1777 To all to whom these Presents shall come, we the under signed Delegates of the States affixed to our Names send greeting. Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the year of our Lord One Thousand Seven Hundred and Seventyseven, and in the Second Year of the Independence of America agree to certain articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Planta tions, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Virginia, North-Carolina, South-Carolina and Georgia in the Words following, viz. "Articles of Confederation and perpetual Union between the States of Newhampshire, Massachusetts-bay, Rhode- island and Providence Plantations, Connecticut, New-York, New- Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia. ARTICLE I. The stile of this confederacy shall be " The United States of America." ARTICLE II. Each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. ARTICLE III. The said States hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. 59 NATIONAL DOCUMENTS ARTICLE IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the differ ent States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from j ustice excepted, shall be entitled to all privileges and immunities of free citizens in the several States ; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subj ect to the same duties, impositions and restrictions as the inhabitants thereof respectively, pro vided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State of which the owner is an inhabitant; pro vided also that no imposition, duties or restriction shall be laid by any State, on the property of the United States, or either of them. If any Person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall upon demand of the Governor or Executive power, of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence. Full faith and credit shall be given in each of these States to the records, acts and judicial proceedings of the courts and magistrates of every other State. ARTICLE V. For the more convenient management of the general interest of the United States, delegates shall be annually appointed in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State, to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year. No State shall be represented in Congress by less than 60 NATIONAL DOCUMENTS two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a dele gate, be capable of holding any office under the United States, for which he, or another for his benefit receives any salary, fees or emolument of any kind. Each State shall maintain its own delegates in a meeting of the States, and while they act as members of the com mittee of the States. In determining questions in the United States, in Con gress assembled, each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court, or place out of Con gress, and the members of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on Con gress, except for treason, felony, or breach of the peace. ARTICLE VI. No State without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any king, prince or state ; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the United States in Congress assembled, or any of them, grant any title of nobility. No two or more States shall enter into any treaty, con federation or alliance whatever between them, without the consent of the United States in Congress assembled, speci fying accurately the purposes for which the same is to be entered into, and how long it shall continue. No State shall lay any imposts or duties, which may inter fere with any stipulations in treaties, entered into by the 61 NATIONAL DOCUMENTS United States in Congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by Congress, to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defence of such State, or its trade; nor shall any body of forces be kept up by any State, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such State ; but every State shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage. No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually invaded by enemies, or shall have received cer tain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay, till the United States in Congress assembled can be consulted : nor shall any State grant com missions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise. ARTICLE VII. When land-forces are raised by any State 62 NATIONAL DOCUMENTS for the common defence, all officers of or under the rank of colonel, shall be appointed by the Legislature of each State respectively by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment. ARTICLE VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Con gress assembled, shall be defrayed out of a common treas ury, which shall be supplied by the several States, in pro portion to the value of all land within each State, granted to or surveyed for any person, as such land and the build ings and improvements thereon shall be estimated accord ing to such mode as the United States in Congress assem bled, shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the Legislatures of the several States within the time agreed upon by the United States in Congress assembled. ARTICLE IX. The United States in Congress assembled, shall have the sole and exclusive right and power of deter mining on peace and war, except in the cases mentioned in the sixth article of sending and receiving ambassadors entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities what- soever O f establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated of granting letters of marque and reprisal in times of peace appointing 63 NATIONAL DOCUMENTS courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, pro vided that no member of Congress shall be appointed a judge of any of the said courts. The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in con troversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to con stitute a court for hearing and determining the matter in question: but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen ; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the deter mination: and if either party shall neglect to attend at the day appointed, without showing reasons, which Congress shall j udge sufficient, or being present shall refuse to strike, 64 NATIONAL DOCUMENTS the Congress shall proceed to nominate three persons out of each State, and the Secretary of Congress shall strike in behalf of such party absent or refusing; and the judg ment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other pro ceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned : provided that every commissioner, before he sits in j udgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the State, where the cause shall be tried, " well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection or hope of reward:" provided also that no State shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of soil claimed under different grants of two or more States, whose jurisdiction as they may respect such lands, and the States which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have orig inated antecedent to such settlement of jurisdiction, shall on the petition of either party to the Congress of the United States, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different States. The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States fixing the standard of 65 NATIONAL DOCUMENTS weights and measures throughout the United States regu lating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legis lative right of any State within its own limits be not infringed or violated establishing and regulating post- offices from one State to another, throughout all the United States, and exacting such postage on the papers passing thro the same as may be requisite to defray the expenses of the said office appointing all officers of the land forces, in the service of the United States, excepting regimental officers appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States making rules for the government and regu lation of the said land and naval forces, and directing their operations. The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Con gress, to be denominated " a Committee of the States," and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the United States, and to appro priate and apply the same for defraying the public expenses to borrow money, or emit bills on the credit of the United States, transmitting every half year to the respec tive States an account of the sums of money so borrowed or emitted, to build and equip a navy to agree upon the number of land forces, and to make requisitions from each State for its, quota, in proportion to the number of white inhabitants in such State; which requisition shall be bind- 66 NATIONAL DOCUMENTS ing, and thereupon the Legislature of each State shall appoint the regimental officers, raise the men and cloath, arm and equip them in a soldier like manner, at the expense of the United States; and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States in Congress assembled: but if the United States in Congress assembled shall, on consideration of circumstances judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same as the quota of such State, unless the legislature of such State shall judge that such extra number cannot be safely spared outside of the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. The United States in Congress assembled shall nevei engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defence and wel fare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the United States in Congress assembled. 67 NATIONAL DOCUMENTS The Congress of the United States shall have power to adj ourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secresy; and the yeas and nays of the delegates of each State on any ques tion shall be entered on the journal, when it is desired by any delegate ; and the delegates of a State, or any of them, at his or their request shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the Legislatures of the several States. ARTICLE X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of Con gress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with; pro vided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled is requisite. ARTICLE XI. Canada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union : but no other colony shall be admitted into the same, unless such admission be agreed to by nine States. ARTICLE XII. All bills of credit emitted, monies bor rowed and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged. 68 NATIONAL DOCUMENTS ARTICLE XIII. Every State shall abide by the deter minations of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the articles of this confederation shall be invio lably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the Legislatures of every State. And whereas it hath pleased the Great Governor of the World to incline the hearts of the Legislatures we respec tively represent in Congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union. Know ye that we the undersigned delegates, by virtue of the power and authority to us given for that pur pose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained: and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said con federation are submitted to them. And that the articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual. In witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the State of Pennsyl vania the ninth day of July in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the independence of America. On the part $ behalf of the State of New Hampshire JOSIAH BARTLETT JOHN WENTWORTH, Junr August 8th, 1778 69 NATIONAL DOCUMENTS On the part and behalf of the State of Massachusetts Bay JOHN HANCOCK FRANCIS DANA SAMUEL ADAMS JAMES LOVELL ELBRIDGE GERRY SAMUEL HOLTEN On the part and behalf of the State of Rhode Island and Providence Plantations WILLIAM ELLERY JOHN COLLINS HENRY MARCHANT On the part and behalf of the State of Connecticut ROGER SHERMAN TITUS HOSMER SAMUEL HUNTINGTON ANDREW ADAMS OLIVER WOLCOTT On the part and behalf of the State of New York JAS. DUANE WM. DUER FRA. LEWIS Gouv. MORRIS On the part and in behalf of the State of New Jersey Novr. 26, 1778 . WlTHERSPOON NATHL. ScUDDER On the part and behalf of the State of Pennsylvania ROBT. MORRIS WILLIAM CLINGAN DANIEL ROBERDEAU JOSEPH REED, 22d July, JNO. BAYARD SMITH 1778 On the part fy behalf of the State of Delaware THOS. M KEAN, Feby. 12, JOHN DICKINSON, May 5th, 1779 1779 NICHOLAS VAN DYKE 70 NATIONAL DOCUMENTS On the part and behalf of the State of Maryland JOHN HANSON, March 1^ DANIEL CARROLL, Mar. 1 1781 1781 On the part and behalf of the State of Virginia RICHARD H&NRY LEE JNO. HARVIE JOHN BANISTER FRANCIS LIGHTFOOT LEE THOMAS ADAMS On the part and behalf of the State of No. Carolina JOHN PENN, July 21, 1778 JNO. WILLIAMS CORNS. HARNETT On the part fy behalf of the State of South Carolina HENRY LAURENS RICHD. HUTSON WILLIAM HENRY DRAYTON THOS. HEYWARD, Junr JNO. MATTHEWS On the part $ behalf of the State of Georgia. JNO. WALTON, 24th July, EDWD. LANGWORTHY 1778 EDWD. TELFAIR 71 Treaty with France 1778 Treaty of Alliance between the United States of North America and His Most Christian Majesty, concluded at Paris February 6, 1778; Ratified by Congress May 4, 1778. The Most Christian King and the United States of North America, to wit: New Hampshire, Massachusetts Bay, Rhodes Island, Connecticut, New York, New Jersey, Penn sylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, having this day concluded a treaty of amity and commerce, for the reciprocal advan tage of their subjects and citizens, have thought it necessary to take in consideration the means of strengthening those engagements, and of rendring them useful to the safety and tranquility of the two parties; particularly in case Great Britain, in resentment of that connection and of the good correspondence which is the object of the said treaty, should break the peace with France, either by direct hostilities, or by hindring her commerce and navigation in a manner con trary to the rights of nations, and the peace subsisting between the two Crowns. And His Majesty and the said United States, having resolved in that case to join their counsels and efforts against the enterprises of their common enemy, the respective Plenipotentiaries impowered to con cert the clauses and conditions proper to fulfil said intentions, have, after the most mature deliberation, con cluded and determined on the following articles: ARTICLE I If war should break out between France and Great Britain during the continuance of the present war between 72 NATIONAL DOCUMENTS the United States and England, His Majesty and the said United States shall make it a common cause and aid each other mutually with their good offices, their counsels and their forces, according to the exigence of conjunctures, as becomes good and faithful allies. ARTICLE II The essential and direct end of the present defensive alliance is to maintain effectually the liberty, sovereignty, and independence absolute and unlimited, of the said United States, as well in matters of government as of commerce. ARTICLE III The two contracting parties shall each on its own part, and in the manner it may judge most proper, make all the efforts in its power against their common enemy, in order to attain the end proposed. ARTICLE IV The contracting parties agree that in case either of them should form any particular enterprise in which the concur rence of the other may be desired, the party whose concur rence is desired, shall readily, and with good faith, join to act in concert for that purpose, as far as circumstances and its own particular situation will permit; and in that case, they shall regulate, by a particular convention, the quantity and kind of succour to be furnished, and the time and manner of its being brought into action, as well as the advantages which are to be its compensation. ARTICLE v If the United States should think fit to attempt the reduction of the British power, remaining in the northern 73 NATIONAL DOCUMENTS parts of America, or the islands of Bermudas, those con- tries or islands, in case of success, shall be confederated with or dependent upon the said United States. ARTICLE VI The Most Christian King renounces forever the posses sion of the islands of Bermudas, as well as of any part of the continent of North America, which before the treaty of Paris in 1763, or in virtue of that treaty, were acknowledged to belong to the Crown of Great Britain, or to the United States, heretofore called British Colonies, or which are at this time, or have lately been under the power of the King and Crown of Great Britain. ARTICLE VII If His Most Christian Majesty shall think proper to attack any of the islands situated in the Gulph of Mexico, or near that Gulph, which are at present under the power of Great Britain, all the said isles, in case of success, shall appertain to the Crown of France. ARTICLE VIII Neither of the two parties shall conclude either truce or peace with Great Britain without the formal consent of the other first obtained; and they mutually engage not to lay down their arms until the independence of the United States shall have been formally or tacitly assured by the treaty or treaties that shall terminate the war. ARTICLE IX The contracting parties declare, that being resolved to fulfil each on its own part the clauses and conditions of the 74 NATIONAL DOCUMENTS present treaty of alliance, according to its own power and circumstances, there shall be no after claim of compensa tion on one side or the other, whatever may be the event of the war. ARTICLE x The Most Christian King and the United States agree to invite or admit other powers who may have received injuries from England, to make common cause with them, and to accede to the present alliance, under such conditions as shall be freely agreed to and settled between all the parties. ARTICLE XI The two parties guarantee mutually from the present time and forever against all other powers, to wit: The United States to His Most Christian Majesty, the present possessions of the Crown of France in America, as well as those which it may acquire by the future treaty of peace: And His Most Christian Majesty guarantees on his part to the United States their liberty, sovereignty, and independ ence, absolute and unlimited, as well in matters of govern ment as commerce, and also their possessions, and the additions or conquests that their confederation may obtain during the war, from any of the dominions now, or hereto fore possessed by Great Britain in North America, con formable to the 5th and 6th articles above written, the whole as their possessions shall be fixed and assured to the said States, at the moment of the cessation of their present war with England. ARTICLE XII In order to fix more precisely the sense and application of the preceding article, the contracting parties declare, that in case of a rupture between France and England the 75 NATIONAL DOCUMENTS reciprocal guarantee declared in the said article shall have its full force and effect the moment such war shall break out; and if such rupture shall not take place, the mutual obligations of the said guarantee shall not commence until the moment of the cessation of the present war between the United States and England shall have ascertained their possessions. ARTICLE XIII The present treaty shall be ratified on both sides, and the ratifications shall be exchanged in the space of six months, or sooner if possible. In faith whereof the respective Plenipotentiaries, to wit: On the part of the Most Christian King, Conrad Alexander Gerard, Royal Syndic of the city of Strasbourgh, and Secretary of his Majesty s Council of State; and on the part of the United States, Benjamin Franklin, Deputy to the General Congress from the State of Pennsylvania, and President of the Convention of the same State, Silas Deane, heretofore Deputy from the State of Connecticut, and Arthur Lee, Councellor at Law, have signed the above arti cles both in the French and English languages, declaring, nevertheless, that the present treaty was originally com posed and concluded in the French language, and they have hereunto affixed their seals. Done at Paris this sixth day of February, one thousand seven hundred and seventy-eight. C. A. GERARD [L. s.] B. FRANKLIN [L. s.] SILAS DEANE [L. s.] ARTHUR LEE [L. s.] 76 Treaty with Great Britain 1783 Definitive Treaty of Peace between the United States of America and His Britannic Majesty, Concluded at Paris September 3, 1783; Ratified by Congress January 14, 1784; Proclaimed January 14, 1784. In the name of the Most Holy and Undivided Trinity. It having pleased the Divine Providence to dispose the hearts of the most serene arid most potent Prince George the Third, by the Grace of God King of Great Britain, France, and Ireland, Defender of the Faith, Duke of Brunswick and Luneburg, Arch-Treasurer and Prince Elector of the Holy Roman Empire, &ca., and of the United States of America, to forget all past misunderstandings and differences that have unhappily interrupted the good corre spondence and friendship which they mutually wish to restore; and to establish such a beneficial and satisfactory intercourse between the two countries, upon the ground of reciprocal advantages and mutual convenience, as may pro mote and secure to both perpetual peace and harmony: And having for this desirable end already laid the foundation of peace and reconciliation, by the provisional articles, signed at Paris, on the 30th of Nov r, 1782, by the commissioners empowered on each part, which articles were agreed to be inserted in and to constitute the treaty of peace proposed to be concluded between the Crown of Great Britain and the said United States, but which treaty was not to be con cluded until terms of peace should be agreed upon between Great Britain and France, and His Britannic Majesty should be ready to conclude such treaty accordingly; and the 77 NATIONAL DOCUMENTS treaty between Great Britain and France having since been concluded, His Britannic Majesty and the United States of America, in order to carry into full effect the provisional articles above mentioned, according to the tenor thereof, have constituted and appointed, that is to say, His Britan nic Majesty on his part, David Hartley, esqr., member of the Parliament of Great Britain; and the said United States on their part, John Adams, esqr., late a commissioner of the United States of America at the Court of Versailles, late Delegate in Congress from the State of Massachusetts, and chief justice of the said State, and Minister Plenipo tentiary of the said United States to their High Mighti nesses the States General of the United Netherlands; Benjamin Franklin, esq re, late Delegate in Congress from the State of Pennsylvania, president of the convention of the said State, and Minister Plenipotentiary from the United States of America at the Court of Versailles; John Jay, esq re, late president of Congress, and chief justice of the State of New York, and Minister Plenipotentiary from the said United States at the Court of Madrid, to be the Plenipotentiaries for the concluding and signing the present definitive treaty; who, after having reciprocally communi cated their respective full powers, have agreed upon and confirmed the following articles: ARTICLE I His Britannic Majesty acknowledges the said United States, viz. New Hampshire, Massachusetts Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Vir ginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent States; that he treats with them as such, and for himself, his heirs and successors, relin- 78 NATIONAL DOCUMENTS quishes all claims to the Government, proprietory and terri torial rights of the same, and every part thereof. ARTICLE II And that all disputes which might arise in future, on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared, that the follow ing are, and shall be their boundaries, viz : From the north west angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source of Saint Croix River to the Highlands; along the said Highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean, to the northwesternmost head of Connecticut River; thence down along the middle of that river, to the forty-fifth degree of north latitude; from thence, by a line due west on said latitude, until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into Lake Ontario, through the middle of said lake until it strikes the communi cation by water 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 lake and Lake Huron; thence along the middle of said water communication into the Lake Huron ; thence through the middle of said lake to the water communication between that lake and Lake Superior; thence through Lake Superior northward of the Isles Royal and Phelipeaux, to the Long Lake; thence through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods ; thence through the said lake to the most north western point thereof, and from thence on a due west course to the river Mississippi ; thence by a line to be drawn along 79 NATIONAL DOCUMENTS the middle of the said river Mississippi until it shall inter sect the northernmost part of the thirty-first degree of north latitude. South, by a line to be drawn due east from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the Equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint River; thence straight to the head of St. Mary s River; and thence 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 Fundy to its source, and from its source directly north to the aforesaid High lands, which divide the rivers that fall into the Atlantic Ocean from those 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 to be drawn due east from the points where the afore said 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 province of Nova Scotia. ARTICLE III It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank, and on all the other banks of New foundland; also in the Gulph of Saint Lawrence, and at all other places in the sea where the inhabitants of both coun tries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfound land as British fishermen shall use (but not to dry or cure 80 NATIONAL DOCUMENTS 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 fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, proprietors, or possessors of the ground. ARTICLE IV It is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted. ARTICLE V It is agreed that the Congress shall earnestly recommend it to the legislatures of the respective States, to provide for the restitution of all estates, rights, and properties which have been confiscated, belonging to real British sub jects, and also of the estates, rights, and properties of persons resident in districts in the possession of His Maj esty s arms, and who have not borne arms against the said United States. And that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months, unmolested in their endeavours to obtain the restitution of such of their estates, rights, and properties as may have been confiscated; and that Congress shall also earnestly recommend to the several States a reconsideration and revision of all acts or laws regarding the premises, so as to 81 NATIONAL DOCUMENTS render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation which, on the return of the blessings of peace, should uni versally prevail. And that Congress shall also earnestly recommend to the several States, that the estates, rights, and properties of such last mentioned persons, shall be restored to them, they refunding to any persons who may be now in possession, the bona fide price (where any has been given) which such persons may have paid on purchas ing any of the said lands, rights, or properties, since the confiscation. And it is agreed, that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impedi ment in the prosecution of their just rights. ARTICLE VI That there shall be no future confiscations made, nor any prosecutions commenc d against any person or persons for, or by reason of the part which he or they may have taken in the present war ; and that no person shall, on that account, suffer any future loss or damage, either in his person, liberty, or property; and that those who may be in confinement on such charges, at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prose cutions so commenced be discontinued. ARTICLE VII There shall be a firm and perpetual peace between His Britannic Majesty and the said States, and between the subjects of the one and the citizens of the other, wherefore all hostilities, both by sea and land, shall from henceforth cease: All prisoners on both sides shall be set at liberty, 82 NATIONAL DOCUMENTS and His Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States, and from every port, place, and harbour within the same; leaving in all fortifications the American artillery that may be therein : And shall also order and cause all archives, records, deeds, and papers, belonging to any of the said States, or their citizens, which, in the course of the war, may have fallen into the hands of his officers, to be forthwith restored and deliver d to the proper States and persons to whom they belong. ARTICLE VIII The navigation of the river Mississippi, from its source to the ocean, shall forever remain free and open to the sub jects of Great Britain, and the citizens of the United States. ARTICLE IX In case it should so happen that any place or territory belonging to Great Britain or to the United States, should have been conquer d by the arms of either from the other, before the arrival of the said provisional articles in Amer ica, it is agreed, that the same shall be restored without difficulty, and without requiring any compensation. ARTICLE X The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged between the con tracting parties, in the space of six months, or sooner if possible, to be computed from the day of the signature 83 NATIONAL DOCUMENTS the present treaty. In witness whereof,, we the undersigned, their Ministers Plenipotentiary, have in their name and in virtue of our full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be affix d thereto. Done at Paris, this third day of September, in the year of our Lord one thousand seven hundred and eighty-three. D. HARTLEY [L. s.] JOHN ADAMS [L. s.] B. FRANKLIN [L. s.] JOHN JAY [L. s.] The Northwest Territorial Government 1787 An Ordinance for the government of the territory of the United States northwest of the river Ohio. SECTION 1. Be it ordained by the United States in Con gress assembled, That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. SEC. 2. Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their children and the descendants of a deceased child in equal parts, the descendants of a deceased child or grandchild to take the share of their deceased par ent in equal parts among them ; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in parts among them, their deceased parent s share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter men tioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three witnesses; and real estates may be con- 85 NATIONAL DOCUMENTS veyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property. SEC. 3. Be it ordained by the authority aforesaid f That there shall be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein in one thousand acres of land, while in the exercise of his office. SEC. 4. There shall be appointed from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings every six months to the Secretary of Con gress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common-law jurisdiction, and reside in the district, 86 NATIONAL DOCUMENTS and have each therein a freehold estate, in five hundred acres of land, while in the exercise of their offices ; and their com missions shall continue in force during good behavior. SEC. 5. The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit. SEC. 6. The governor, for the time being, shall be com- mander-in-chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress. SEC. 7. Previous to the organization of the general assembly the governor shall appoint such magistrates, and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the general assembly shall be organized the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor. SEC. 8. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and 87 NATIONAL DOCUMENTS townships, subject, however, to such alterations as may thereafter be made by the legislature. SEC. 9- So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the general assembly: Provided, That for every five hundred free male inhabitants there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five; after which the number and proportion of representatives shall be regulated by the legis lature: Provided, That no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee-simple, two hundred acres of land within the same: Provided, also, That a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district, or the like free hold and two years residence in the district, shall be neces sary to qualify a man as an elector of a representative. SEC. 10. The representatives thus elected shall serve for the term of two years; and in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township, for which he was a member, to elect another in his stead, to serve for the residue of the term. SEC. 11. The general assembly, or legislature, shall consist of the governor, legislative council, and a house of representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner 88 NATIONAL DOCUMENTS removed by Congress; any three of whom to be a quorum j and the members of the council shall be nominated and appointed in the following manner, to wit: As soon as rep resentatives shall be elected the governor shall appoint a time and place for them to meet together, and when met they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Con gress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term ; and every five years, four months at least before the expiration of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent ; but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue, and dissolve the general assembly when, in his opinion, it shall be expedient. SEC. 12. The governor, judges, legislative council, sec retary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office; the governor before the President of Congress, 89 NATIONAL DOCUMENTS and all other officers before the governor. As soon as a legislature shall be formed in the district, the council and house assembled, in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government. SEC. 13. And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions, are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory; to provide, also, for the establishment of States, and permanent government therein, and for their admission to a share in the Federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest: SEC. 14. It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent, to wit: ARTICLE I No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship, or religious sentiments, in the said territories. ARTICLE II The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings 90 NATIONAL DOCUMENTS according to the course of common law. All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or prop erty, but by the judgment of his peers, or the law of the land, and should the public exigencies make it necessary, for the common preservation, to take any person s property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made or have force in the said terri tory, that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed. ARTICLE III Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians ; their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friendship with them. ARTICLE IV The said territory, and the States which may be formed therein, shall forever remain a part of this confederacy of 91 NATIONAL DOCUMENTS the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made ; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the Federal debts, con tracted, or to be contracted, and a proportional part of the expenses of government to be apportioned on them by Con gress, according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legis latures of the district, or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts, or new States, shall never interfere with the pri mary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and Saint Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor. ARTICLE V There shall be formed in the said territory not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession 92 NATIONAL DOCUMENTS and consent to the same,, shall become fixed and established as follows, to wit : The Western Sta,te, in the said territory, shall be bounded by the Mississippi, the Ohio, and the Wabash Rivers ; a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada; and by the said territorial lines to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, And it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the south erly bend or extreme of Lake Michigan. And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States, in all respects what ever; and shall be at liberty to form a permanent consti tution and State government : Provided, The constitution and government, so to be formed, shall be republican, and in conformity to the principles contained in these articles, and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. NATIONAL DOCUMENTS ARTICLE VI There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her service as aforesaid. Be it ordained by the authority aforesaid, That the reso lutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby, repealed, and declared null and void. Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth. Constitution of the United States 1787 We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America. ARTICLE I SECTION 1 All legislative Powers herein granted shall be vested in a Congress of the United States, which shall con sist of a Senate and House of Representatives. SECTION 2 (1) The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. (2) No person shall be a Representative who shall not have attained to the Age of Twenty-five years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. (3) Representatives and direct Taxes shall be appor tioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meet- 95 NATIONAL DOCUMENTS ing of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode- Island and Providence Plantations one, Connecticut five, New- York six, New Jersey four, Pennsylvania eight, Dela ware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. (4) When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. (5) The House of Representatives shall chuse their Speaker and other Officers ; and shall have the sole Power of Impeachment. SECTION 3(1) The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. (2) Immediately after they shall be assembled in Conse quence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or other wise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. (3) No Person shall be a Senator who shall not have 96 NATIONAL DOCUMENTS attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. (4) The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. (5) The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice Presi dent, or when he shall exercise the Office of President of the United States. (6) The Senate shall have the sole Power to try all Im peachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside : And no Per son shall be convicted without the Concurrence of two thirds of the Members present. (7) Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall neverthe less be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. SECTION 4 (1) The Times, Places and Manner of hold ing Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of causing Senators. (2) The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. SECTION 5 (1) Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, 97 NATIONAL DOCUMENTS and a Majority of each shall constitute a Quorum to do Bus iness; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. (2) Each House may determine the Rules of its Proceed ings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member. (3) Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those present, be entered on the Journal. (4) Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. SECTION 6 (1) The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attend ance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. (2) No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. 98 NATIONAL DOCUMENTS SECTION 7(1) All Bills for raising Revenue shall origi nate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. (2) Every Bill which shall have passed the House of Representatives and the Senate, shall,, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Recon sideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. (3) Every Order, Resolution, or Vote to which the Con currence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, accord ing to the Rules and Limitations prescribed in the Case of 1 SECTION 8 (1) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay t 99 NATIONAL DOCUMENTS Debts and provide for the common Defence and general Welfare of the United States ; but all Duties, Imposts and Excises shall be uniform throughout the United States; (2) To borrow money on the Credit of the United States; (3) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; (4) To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; (5) To coin Money, regulate the Value thereof, and of foreign Coin, and to fix the Standard of Weights and Measures ; (6) To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; (7) To establish Post Offices and post Roads; (8) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inven tors the exclusive Right to their respective Writings and Discoveries ; (9) To constitute Tribunals inferior to the Supreme Court ; (10) To define and Punish Piracies and Felonies com mitted on the high Seas, and Offences against the Law of Nations ; (11) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; (12) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years ; (13) To provide and maintain a Navy; (14) To make Rules for the Government and Regula tion of the land and naval Forces; 100 NATIONAL DQCUM EN T S (15) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions ; (16) To provide for organizing, arming, and disciplin ing, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress ; (17) To exercise exclusive Legislation in all Cases what soever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock- Yards, and other needful Build ings ; And (18) To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. SECTION 9 (1) The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or Duty may be imposed on such Importation, not exceed ing ten dollars for each Person. (2) The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. (3) No Bill of Attainder or ex post facto Law shall be passed. 101 NATIONAL DOCUMENTS (4) No Capitation, or other direct, tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. (5) No Tax or Duty shall be laid on Articles exported from any State. (6) No preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. (7) No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expen ditures of all public Money shall be published from time to time. (8) No Title of Nobility shall be granted by the United States : And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. ,j SECTION 10 (1) No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. (2) No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it s inspec tion Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. 102 NATIONAL DOCUMENTS (3) No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of Delay. ARTICLE II SECTION 1 (1) The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: (2) Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The electors shall meet in their respective States, and vote by ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of Govern ment of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority and have an equal Number of Votes, then 103 NATIONAL DOCUMENTS the House of Representatives shall immediately chuse by Ballot one of them for President; and if no person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two-thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President. (3) The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes ; which Day shall be the same throughout the United States. (4) No Person except a natural born Citizen, or a Citi zen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. (5) In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law pro vide for the Case of Removal, Death, Resignation, or In ability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a Presi dent shall be elected. (6) The President shall, at stated Times, receive for his 104 NATIONAL DOCUMENTS Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. (7) Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." SECTION 2 (1) The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States ; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant < Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. (2) He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall ap point Ambassadors, other public Ministers and Councils, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such infe rior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of De partments. (3) The President shall have Power to fill up all Vacan cies that may happen during the Recess of the Senate, by 105 NATIONAL DOCUMENTS granting Commissions which shall expire at the End of their next Session. SECTION 3 He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge neces sary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Dis agreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper ; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. SECTION 4 The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impejachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III SECTION 1 The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. SECTION 2 (1) The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Contro versies to which the United States shall be a Party ; to Con- 106 NATIONAL DOCUMENTS troversies between two or more States ; between a State and Citizens of another State ; between Citizens of differ ent States, between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. (2) In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. (3) The Trial of all Crimes, except in Cases of Impeach ment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed ; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. SECTION 3 (1) Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. (2) The Congress shall have Power to declare the Punish ment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. ARTICLE IV SECTION 1 Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings 107 NATIONAL DOCUMENTS of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. SECTION 2 (1) The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. (2) A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up to be removed to the State having Jurisdiction of the Crime. (3) No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be dis charged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. SECTION 3(1) New States may be admitted by the Con gress into this Union ; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. (2) The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States ; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any par ticular State. SECTION 4 The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Appli cation of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. 108 NATIONAL DOCUMENTS ARTICLE V The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Consti tution, or, on the Application of the Legislature of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress ; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. ARTICLE VI (1) All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. (2) This Constitution, and the Laws of the United States which shall be made in pursuance thereof ; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. (3) The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and 109 NATIONAL DOCUMENTS of the several States, shall be bound by Oath or Affirmation, to support this Constitution ; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. ARTICLE VII The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. DONE in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In Witness whereof We have hereunto subscribed our Names, G? WASHINGTON Presidt. and Deputy from Virginia. New Hampshire JOHN LANGDON NICHOLAS OILMAN Massachusetts NATHANIEL GORHAM RUFUS KING Connecticut WM. SAML. JOHNSON ROGER SHERMAN New York ALEXANDER HAMILTON 110 NATIONAL DOCUMENTS New Jersey WIL: LIVINGSTON WM. PATTERSON DAVID BREARLEY JONA: DAYTON Pennsylvania B. FRANKLIN THOS. FITZSIMONS THOMAS MIFFLIN JARED INGERSOLL ROBT. MORRIS JAMES WILSON GEO. CLYMER Gouv. MORRIS Delaware GEO. READ RICHARD BASSETT GUNNING BEDFORD, JUN JACO: BROOM JOHN DICKINSON Maryland JAMES McHENRY DANL. CARROLL DAN OF ST. THOS. JENIFER Virginia ^ JOHN BLAIR JAMES MADISON, Jr North Carolina WM. BLOUNT Hu. WILLIAMSON RICHD DOBBS SPAIGHT South Carolina J RUTLEDGE CHARLES PINCKNEY CHARLES COTESWORTH PIERCE BUTLER PlNCKNEY 111 NATIONAL DOCUMENTS Georgia WILLIAM FEW ABU. BALDWIN Attest WILLIAM JACKSON Secretary Amendments Articles in Addition to, and Amendment of, the Constitu tion of the United States of America, Proposed by Con gress, and Ratified by the Legislatures of the Several States Pursuant to the Fifth Article of the Original Constitution. ARTICLE I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ARTICLE II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. ARTICLE III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches 112 NATIONAL DOCUMENTS and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirma tion, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V No person shall be held to answer for a capital, or other wise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or in public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. ARTICLE VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascer tained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence. ARTICLE VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a j ury shall be otherwise 113 NATIONAL DOCUMENTS re-examined in any Court of the United States, than accord ing to the rules of the common law. ARTICLE VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE x The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE XI The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. ARTICLE XII The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct 114 NATIONAL DOCUMENTS lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state hav ing one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice- President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-Presi dent; a quorum for the purpose shall consist of two-tKirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. 115 NATIONAL DOCUMENTS ARTICLE XIII SECTION 1 Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. SECTION 2 Congress shall have power to enforce this prticle by appropriate legislation. ARTICLE XIV SECTION 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. SECTION 2 Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, exclud ing Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Con gress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such States, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. 116 NATIONAL DOCUMENTS SECTION 3 No person shall be a Senator or Representa tive in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. SECTION 4 The validity of the public debt of the United States, authorized by law, including debts incurred for pay ment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obli gations and claims shall be held illegal and void. SECTION 5 The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ARTICLE XV SECTION 1 The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condi tion of servitude. SECTION 2 The Congress shall have power to enforce this article by appropriate legislation. 117 Washington s First Inaugural Address 1789 Fellow-Citizens : Among the vicissitudes incident to life, no event could have filled me with greater anxieties, than that of which the notification was transmitted by your order, and re ceived on the 14th day of the present month. On the one hand, I was summoned by my country, whose voice I can never hear but with veneration and love, from a retreat which I had chosen with the fondest predilection, and, in my flattering hopes, with an immutable decision, as the asylum of my declining years ; a retreat which was ren dered every day more necessary as well as more dear to me, by the addition of habit to inclination, and of frequent interruptions in my health to the gradual waste committed on it by time. On the other hand, the magnitude and diffi culty of the trust, to which the voice of my country called me, being sufficient to awaken in the wisest and most ex perienced of her citizens a distrustful scrutiny into his qualifications, could not but overwhelm with despondence one, who, inheriting inferior endowments from nature, and unpracticed in the duties of civil administration, ought to be peculiarly conscious of his own deficiencies. In this conflict of emotions, all I dare aver is, that it has been my faithful study to collect my duty from a just appreciation of every circumstance by which it might be affected. All I dare hope is, that, if in executing this task, I have been too much swayed by a grateful remembrance of former in stances, or by an affectionate sensibility to this transcen dent proof of the confidence of my fellow-citizens; and have thence too little consulted my incapacity as well as disinclination for the weighty and untried cares before me ; 118 NATIONAL DOCUMENTS my error will be palliated by the motives which misled me and its consequences be judged by my country with some the partiality in which they originated. Such being the impressions under which I have, in obedi ence to the public summons, repaired to the present station, t would be peculiarly improper to omit, in this first official ^ct, my fervent supplications to that Almighty Being who rules over the universe, who presides in the councils of itions, and whose providential aids can supply every hu man defect, that his benediction may consecrate to the liberties and happiness of the people of the United States a government instituted by themselves for these essential purposes, and may enable every instrument employed in its administration to execute with success the functions allotted to his charge. In tendering this homage to the great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own; nor those of my fellow-citizens at large, less than either. No people can be bound to acknowledge and adore the invisible hand, which conducts the affairs of men, more than the people of the United States. Every step, by which they have advanced to the character of an independ ent nation, seems to have been distinguished by some token of providential agency. And, in the important revo lution just accomplished in the system of their united gov ernment, the tranquil deliberations and voluntary consent of so many distinct communities, from which the event has resulted, cannot be compared with the means by which most governments have been established, without some re turn of pious gratitude along with an humble anticipation of the future blessings which the past seems to presage. These reflections, arising out of the present crisis, have forced themselves too strongly on my mind to be sup pressed. You will join with me, I trust, in thinking that 119 NATIONAL DOCUMENTS there are none, under the influence of which the proceed ings of a new and free government can more auspiciously commence. By the article establishing the executive department, it is made the duty of the President "to recommend to your consideration such measures as he shall judge necessary and expedient." The circumstances, under which I now meet you, will acquit me from entering into that subject farther than to refer you to the great constitutional charter under which we are assembled ; and which, in defining your powers, designates the objects to which your attention is to be given. It will be more consistent with those circum stances, and far more congenial with the feelings which actuate me, to substitute, in place of a recommendation of particular measures, the tribute that is due to the talents, the rectitude, and the patriotism, which adorn the char acters selected to devise and adopt them. In these honor able qualifications I behold the surest pledges, that as, on one side, no local prejudices or attachments, no separate views or party animosities, will misdirect the comprehensive and equal eye, which ought to watch over this great assemblage of communities and interests; so, on another, that the foundations of our national policy will be laid in the pure and immutable principles of private morality, and the preeminence of a free government be exemplified by all the attributes, which can win the affections of its citi zens, and command the respect of the world. I dwell on this prospect with every satisfaction, which an ardent love for my country can inspire; since there is no truth more thoroughly established, than that there ex ists in the economy and course of nature an indissoluble union between virtue and happiness, between duty and advantage, between the genuine maxims of an honest and magnanimous policy, and the solid rewards of public pros- 120 NATIONAL DOCUMENTS perity and felicity; since we ought to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right, which Heaven itself has ordained; and since the preservation of the sacred fire of liberty, and the destiny of the republican model of government,, are justly con sidered as deeply, perhaps as finally staked on the experi ment intrusted to the hands of the American people. Besides the ordinary objects submitted to your care, it will remain with your judgment to decide, how far an ex ercise of the occasional power delegated by the fifth article of the Constitution is rendered expedient at the present juncture by the nature of objections which have been urged against the system, or by the degree of inquietude which has given birth to them. Instead of undertaking particu lar recommendations on this subject, in which I could be guided by no lights derived from official opportunities, I shall again give way to my entire confidence in your dis cernment and pursuit of the public good; for I assure my self, that, whilst you carefully avoid every alteration, which might endanger the benefits of a united and effective gov ernment, or which ought to await the future lessons of experience, a reverence for the characteristic rights of freemen, and a regard for the public harmony, will suffi ciently influence your deliberations on the question, how far the former can be more impregnably fortified, or the latter be safely and advantageously promoted. To the preceding observations I have one to add, which will be most properly addressed to the House of Repre sentatives. It concerns myself, and will therefore be as brief as possible. When I was first honored with a call into the service of my country, then on the eve of an ardu ous struggle for its liberties, the light in which I contem plated my duty required, that I should renounce every 121 NATIONAL DOCUMENTS pecuniary compensation. From this resolution I have in no instance departed. And being still under the impres sions which produced it, I must decline as inapplicable to myself any share in the personal emoluments, which may be indispensably included in a permanent provision for the executive department; and must accordingly pray, that the pecuniary estimates for the station in which I am placed may, during my continuance in it, be limited to such actual expenditures as the public good may be thought to require. Having thus imparted to you my sentiments, as they have been awakened by the occasion which brings us together, I shall take my present leave; but not without resorting once more to the benign Parent of the human race, in humble supplication, that, since he has been pleased to favor the American people with opportunities for deliber ating in perfect tranquillity, and dispositions for deciding with unparalleled unanimity on a form of government for the security of their union and the advancement of their happiness; so his divine blessing may be equally conspicu ous in the enlarged views, the temperate consultations, and the wise measures, on which the success of this government must depend. 122 Washington s Second Inaugural Address 1793 Fellow-Citizens : I am again called by the voice of my country to execute the functions of its Chief Magistrate. When the occasion proper for it shall arrive I shall endeavor to express the high sense I entertain of this distinguished honor, and of the confidence which has been reposed in me by the people of united America. Previous to the execution of any official act of the Presi dent the Constitution requires an oath of office. This oath I am now about to take, and in your presence: That if it shall be found during my administration of the government I have in any instance violated willingly or knowingly the injunctions thereof, I may (besides incurring constitu tional punishment) be subject to the upbraidings of all who are witnesses of the present solemn ceremony. Proclamation of Neutrality 1793 Whereas it appears that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United Netherlands, of the one part, and France on the other; and the duty and interest of the United States require, that they should with sincerity and good faith adopt and pur sue a conduct friendly and impartial toward the belligerent Powers : I have therefore thought fit by these presents to declare the disposition of the United States to observe the conduct aforesaid toward those Powers respectively; and to exhort and warn the citizens of the United States carefully to avoid all acts and proceedings whatsoever, which may in any manner tend to contravene such disposition. And I do hereby also make known, that whosoever of the citizens of the United States shall render himself liable to punishment or forfeiture under the law of nations, by com mitting, aiding, or abetting hostilities against any of the said Powers, or by carrying to any of them those articles which are deemed contraband by the modern usage of na tions, will not receive the protection of the United States, against such punishment or forfeiture; and further, that I have given instructions to those officers, to whom it belongs, to cause prosecutions to be instituted against all persons, who shall, within the cognizance of the courts of the United States, violate the law of nations, with respect to the Powers at war, or any of them. In testimony whereof, I have caused the seal of the United States of America to be affixed to these presents, 124 NATIONAL DOCUMENTS and signed the same with my hand. Done at the city of Philadelphia, the twenty-second day of April, one thousand seven hundred and ninety-three, and of the Independence of the United States of America the seventeenth. G? WASHINGTON 125 Treaty with the Six Nations 1794 The President of the United States having determined to hold a conference with the Six Nations of Indians, for the purpose of removing from their minds all causes of complaint, and establishing a, firm and permanent friend ship with them; and Timothy Pickering being appointed sole agent for that purpose; and the agent having met and conferred with the Sachems, Chiefs and Warriors of the Six Nations, in a general council: Now in order to accom plish the good design of this conference, the parties have agreed on the following articles, which, when ratified by the President, with the advice and consent of the Senate of the United States, shall be binding on them and the Six Nations. ARTICLE I Peace and friendship are hereby firmly established, and shall be perpetual, between the United States and the Six Nations. ARTICLE II The United States acknowledge the lands reserved to the Oneida, Onondaga and Cayuga Nations, in their respective treaties with the state of New York, and called their reservations, to be their property; and the United States will never claim the same, nor disturb them or either of the Six Nations, nor their Indian friends residing thereon and united with them, in the free use and enj oyment thereof : but the said reservations shall remain theirs, until they choose to sell the same to the people of the United States who have right to purchase. 126 NATIONAL DOCUMENTS ARTICLE III The land of the Seneka nation is bounded as follows- Beginning on Lake Ontario, at the north-west corner of the land they sold to Oliver Phelps, the line runs westerly along the lake, as far as O-yong-wong-yeh Creek, at John son s Landing-place, about four miles eastward from the fort of Niagara; then southerly up that creek to its main fork, then straight to the main fork of Stedman s Creek, which empties into the river Niagara, above Fort Schlos- ser, and then onward, from that fork, continuing the same straight course, to that river; (this line, from the mouth of O-yong-wong-yeh Creek to the river Niagara, above Fort Schlosser, being the eastern boundary of a strip of land, extending from the same line to Niagara River, which the Seneka nation ceded to the King of Great Britain, at a treaty held about thirty years ago, with Sir William Johnson;) then the line runs along the river Niagara to Lake Erie; then along Lake Erie to the north-east corner of a triangular piece of land which the United States con veyed to the state of Pennsylvania, as by the President s patent, dated the third day of March, 1792; then due south to the northern boundary of that state ; then due east to the south-west corner of the land sold by the Seneka nation to Oliver Phelps ; and then north and northerly, along Phelps s line, to the place beginning on Lake Ontario. Now, the United States acknowledge all the land within the afore mentioned boundaries, to be the property of the Seneka nation ; and the United States will never claim the same, nor disturb the Seneka nation, nor any of the Six Nations, or their Indian friends residing thereon and united with them, in the free use and enjoyment thereof: but it shall remain theirs, until they choose to sell the same to the people of the United States, who have the right to purchase. 127 NATIONAL DOCUMENTS ARTICLE IV The United States having thus described and acknowl edged what lands belong to the Oneidas, Onondagas, Cayugas, and Senekas, and engaged never to claim the same, nor to disturb them, or any of the Six Nations, or their Indian friends residing thereon and united with them, in the free use and enjoyment thereof: Now the Six Nations, and each of them, hereby engage that they will never claim any other lands within the boundaries of the United States ; nor ever disturb the people of the United States in the free use and enjoyment thereof. ARTICLE V The Seneka nation, all others of the Six Nations con curring, cede to the United States the right of making a wagon road from Fort Schlosser to Lake Erie, as far south as BufFaloe Creek; and the people of the United States shall have the free and undisturbed use of this road, for the purposes of travelling and transportation. And the Six Nations, and each of them, will forever allow to the people of the United States, a free passage through their lands, and the free use of their harbors and rivers adjoining and within their respective tracts of land, for the passing and securing of vessels and boats, and liberty to land their car goes when necessary for their safety. ARTICLE VI In consideration of the peace and friendship hereby established, and of the engagements entered into by the Six Nations; and because the United States desire, with 128 NATIONAL DOCUMENTS humanity and kindness, to contribute to their comfortable support; and to render the peace and friendship hereby established strong and perpetual; the United States now deliver to the Six Nations, and the Indians of the other nations residing among and united with them, a quantity of goods of the value of ten thousand dollars. And for the same considerations, and with a view to promote the future welfare of the Six Nations, and of their Indian friends aforesaid, the United States will add the sum of three thousand dollars to the one thousand five hundred dollars, heretofore allowed them by an article ratified by the President, on the twenty-third day of April 1 792 ; mak ing in the whole, four thousand five hundred dollars ; which shall be expended yearly forever, in purchasing clothing, domestic animals, implements of husbandry and other utensils suited to their circumstances, and in compensating useful artificers, who shall reside with them or near them, and be employed for their benefit. The immediate applica tion of the whole annual allowance now stipulated, to be made by the superintendent appointed by the President for the affairs of the Six Nations, and their Indian friends aforesaid. ARTICLE VII Lest the firm peace and friendship now established should be interrupted by the misconduct of individuals, the United States and Six Nations agree, that for injuries done by individuals on either side, no private revenge or retaliation shall take place; but, instead thereof, complaint shall be made by the party injured, to the other: By the Six Nations or any of them, to the President of the United States, or the Superintendent by him appointed: and by the Super intendent, or other person appointed by the President, to the principal chiefs of the Six Nations, or of the nation to 129 NATIONAL DOCUMENTS which the offender belongs: and such prudent measures shall then be pursued as shall be necessary to preserve our peace and friendship unbroken; until the legislature (or great council) of the United States shall make the equitable provision for the purpose. NOTE : It is clearly understood by the parties to this treaty, that the annuity stipulated in the sixth article, is to be applied to the benefit of such of the Six Nations and of their Indian friends united with them as aforesaid, as do or shall reside within the boundaries of the United States: for the United States do not interfere with nations, tribes or families, of Indians elsewhere resident. 130 Treaty with Great Britain 1794 Treaty of Amity, Commerce and Navigation, between His Britannic Majesty and the United States of America, by their President, with the Advice and Consent of their Sen ate, Concluded at London November 19, 1794; Ratifications Exchanged October 28, 1795; Proclaimed February 29, 1796. Articles XI to XXVII, inclusive, of this treaty ex pired by limitation. His Britannic Majesty and the United States of America, being desirous, by a treaty of amity, commerce, and naviga tion, to terminate their differences in such a manner, as, without reference to the merits of their respective com plaints and pretentions, may be the best calculated to pro duce mutual satisfaction and good understanding; and also to regulate the commerce and navigation 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 Plenipotentiaries, and given them full powers to treat of, and conclude the said treaty, that is to say : His Britannic Majesty has named for his Plenipoten tiary, the Right Honorable William Wyndham Baron Gren- ville of Wotton, one of His Majesty s Privy Council, and His Majesty s 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, hath appointed for their Plenipotentiary, the Honorable John Jay, Chief Justice of the said United States, and their Envoy Extraordinary to His Majesty; Who have agreed on and concluded the following articles : 131 NATIONAL DOCUMENTS ARTICLE I There shall be a firm, inviolable and universal peace, 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, terri tories, cities, towns and people of every degree, without exception of persons or places. ARTICLE II His Majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the treaty of peace to the United States. This evacua tion shall 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 United States and His Majesty s Governor-General in America, for settling the previous arrangements which may be necessary respecting the delivery of the said posts: The United States in the mean time, at their discretion, extending their settlements to any part of the said boundary line, except within the precincts or jurisdiction of the said posts. All settlers and traders, within the precincts or jurisdiction of the said posts, shall continue to enjoy, unmolested, all their property 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 the property thereof, at their discretion; such of them as shall continue to reside within the said boundary lines, shall not be compelled to become citizens of the United States, or to take any oath 132 NATIONAL DOCUMENTS of allegiance to the Government thereof; but they shall be at full liberty so to do if they think proper, and they shall make and declare their election within one year after the evacuation aforesaid. And all persons who shall continue there after the expiration of the said year, without having declared their intention of remaining subjects of His Bri tannic Majesty, shall be considered as having elected to become citizens of the United States. ARTICLE III It is agreed that it shall at all times be free to His 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 Hudson s Bay Company only excepted,) and to navigate all the lakes, rivers, and waters thereof, and freely to carry on trade and commerce with each other. But it is understood that this article does not extend to the admission of vessels of the United States into the sea-ports, harbours, bays, or creeks of His Maj esty s said territories; nor into such parts of the rivers in His Maj esty s said territories as are between the mouth thereof, and the highest port of entry from the sea, except in small vessels trading bona fide between Montreal and Quebec, under such regulations as shall be established to prevent the possibility of any frauds in this respect. Nor to the admission of Brit ish vessels from the sea into the rivers of the United States, beyond the highest ports of entry for foreign vessels from the sea. The river Mississippi shall, however, according to the treaty of peace, be entirely open to both parties ; and it is further agreed, that all the ports and places on its eastern 133 NATIONAL DOCUMENTS 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 ports or places of His Majesty in Great Britain. All goods and merchandize whose importation into His Majesty s said territories in America shall not be entirely prohibited, may freely, for the purposes of commerce, be carried into the same in the manner aforesaid, by the citi zens of the United States, and such goods and merchandize shall be subject to no higher or other duties than would be payable by 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 importation into the United States shall not be wholly prohibited, may freely, for the purposes of commerce, be carried into the same, in the manner aforesaid, 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 vessels into the Atlantic ports of the said States. And all goods not prohibited to be exported from the said territories respectively, may in like manner be carried out of the same by the two parties respectively, paying duty as aforesaid. No duty of entry shall ever be levied by either party on peltries brought by land or inland navigation into the said territories respectively, nor shall the Indians passing or repassing with their own proper goods and effects of what ever 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 134 NATIONAL DOCUMENTS are or shall be payable by natives, shall be demanded on either side; and no duties shall be payable on any goods which shall merely be carried over any of the portages or carrying-places on either side, for the purpose of being immediately re-imbarked and carried to some other place or places. But as by this stipulation it is only meant to se cure 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 manner 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 promote a disposition favorable to friendship and good neighborhood, it is agreed that the respective Governments will mutually promote this amicable intercourse, by causing speedy and impartial justice to be done, and necessary protection to be extended to all who may be concerned therein. ARTICLE IV Whereas it is uncertain whether the river Mississippi extends so far to the northward as to be intersected 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 Majesty and the United States: it is agreed that measures shall be taken in concert between His Majesty s Government in America and the Government of the United States, for making a joint survey of the said river from one degree of latitude below the falls of St. Anthony, to the principal source or sources of the said river, and also of the parts adjacent thereto; and that if, on the result of such 135 NATIONAL DOCUMENTS survey, it should appear that the said river would not be intersected by such a line as is above mentioned, the two parties will thereupon proceed, by amicable negotiation, to regulate the boundary line in that quarter, as well as all other points to be adjusted between the said parties, accord ing to justice and mutual convenience and in conformity to the intent of the said treaty. ARTICLE 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 fol lowing manner, viz: One commissioner shall be named by His 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 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 proposed, one shall be drawn by lot in the presence of the two original commissioners. And the three commissioners so appointed shall be sworn, impartially to examine and decide the said question, accord ing to such evidence as shall respectively be laid before them on the part of the British Government and of the United States. The said commissioners shall meet at Hali fax, and shall have power to adjourn to such other place or places as they shall think fit. They shall have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge necessary. The said commis sioners shall, by a declaration, under their hands and seals, decide what river is the river St. Croix, intended by the treaty. 136 NATIONAL DOCUMENTS The said declaration shall contain a description of the said river, and shall particularize the latitude and longitude of its mouth and of its source. Duplicates of this declaration and of the statements of their accounts, and of the journal of their proceedings, 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 authorized to man age the business on behalf of the respective Governments. And both parties agree to consider such decision as final and conclusive, so as that the same shall never thereafter be called into question, or made the subject of dispute or differ ence between them. ARTICLE VI Whereas it is alledged by divers British merchants and others His Majesty s subjects, that debts, to a consider able amount, which were bona fide contracted before the peace, still remain owing to them by citizens or inhabi tants of the United States, and that by the operation of various lawful impediments since the peace, not only the full recovery of the said debts has been delayed, but also the value and security thereof have been, in several instances, impaired and lessened, so that, by the ordinary course of judicial proceedings, the British creditors cannot now ob tain, and actually have and receive full and adequate com pensation for the losses and damages which they have thereby sustained : It is agreed, that in all such cases, where full compensation for such losses and damages cannot, for whatever reason, be actually obtained, 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 under stood, that this provision is to extend to such losses only as have been occasioned by the lawful impediments aforesaid, 137 NATIONAL DOCUMENTS and is not to extend to losses occasioned by such insolvency of the debtors or other causes as would equally have oper ated to produce such loss, if the said impediments had not existed; nor to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the claimant. For the purpose of ascertaining the amount of any such losses and damages, five commissioners shall be appointed and authorized to meet and act in manner following, viz: Two of them shall be appointed by His Majesty, two of them by the President of the United States by and with the advice and consent of the Senate thereof, and the fifth by the unanimous voice of the other four; and if they should not agree in such choice, then the commissioners named by the two parties shall respectively propose one person, and of the two names so proposed, one shall be drawn by lot, in the presence of the four original commissioners. When the five commissioners thus appointed shall first meet, they shall, before they proceed to act, respectively take the fol lowing oath, or affirmation, in the presence of each other; which oath, or affirmation, being so taken and duly attested, shall be entered on the record of their proceedings, viz: I, A. B., one of the commissioners 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 affirm) that I will honestly, diligently, impartially, and carefully examine, and to the best of my judgment, according to justice and equity, decide all such complaints, as under the said arti cle shall be preferred to the said commissioners: and that I will forbear to act as a commissioner, in any case in which I may be personally interested. Three of the said commissioners shall constitute a board, and shall have power to do any act appertaining to the said 138 NATIONAL DOCUMENTS commission, provided that one of the commissioners named on each side, and the fifth commissioner shall be present and all decisions shall be made by the majority 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 arid applications ; but they are neverthe less authorized, in any particular cases in which it shall appear to them to be reasonable and just, to extend the said term of eighteen months, for any term not exceeding six months, after the expiration thereof. The said commis sioners shall first meet at Philadelphia, but they shall have power to adjourn from place to place as they shall see cause. The said commissioners in examining the complaints and applications 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 interest, or balances of principal and interest, and to determine the same respectively, accord ing to the merits of the several cases, due regard being had to all the 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 premises ; and also to receive in evidence, according as they may think most 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, either according to the legal form now respectively existing in the two countries, or in such 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 cases be final and conclusive, 139 NATIONAL DOCUMENTS 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 without deduction; and at such time or times and at such place or places, as shall be awarded by the said commissioners; and on condi tion of such releases or assignments to be given by 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 the exchange of the ratifica tions of this treaty. ARTICLE VII 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 irregular or illegal captures or condemnations of their vessels and other property, under color of authority or commissions from His Majesty, and that from various circumstances belonging to the said cases, adequate com pensation 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 adequate compensation cannot, for whatever reason, be now actually obtained, had, and received by the said merchants and others, in the ordinary course of justice, full and complete compensation for the same will be made by the British Government to the said complainants. But it is distinctly understood that this provision is not to extend to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the claimant. 140 NATIONAL DOCUMENTS for the purpose of ascertaining the amounl such losses and damages, five commissioners shall be That for the purpose of ascertaining the amount of any Bh losses and damages, five commissioners shall be ap pointed and authorized to act in London, exactly in the manner directed with respect to those mentioned in the preceding article, and after having taken the same oath or affirmation (mutatis mutandis), the same term of eigh teen months is also assigned for the reception of claims, and they are in like manner authorized to extend the same in particular cases. They shall receive testimony, books, papers, and evidence in the same latitude, and exercise the like discretion and powers respecting that subject; and shall decide the claims in question according to the merits of the several cases, and to justice, equity, and the laws of nations. The award of the said commissioners, or any such three of them as aforesaid, 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 deduction, at such place or places, and at such time or times, as shall be awarded by the said commis sioners, and on condition of such releases or assignments to be given by the claimant, as by the said commissioners may be directed. And whereas certain merchants and others, His Majesty s subjects, complain that, in the course of the war, they have sustained loss and damage by reason of the capture of their vessels and merchandise, taken within the limits and juris diction of the States and brought into the ports of the same, or taken by vessels originally 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. Jefferson to Mr. Hammond, dated at Philadelphia, Sept. 5, 1793, a copy of which is annexed to this treaty; the com- 141 NATIONAL DOCUMENTS plaints of the parties shall be and hereby are referred to the commissioners to be appointed by virtue of this article, who are hereby authorized and required to proceed in the like manner relative to these as to the other cases committed to them; and the United States undertake to pay to the com plainants or claimants in specie, without deduction, the amount of such sums as shall be awarded to them respec tively by the said commissioners, and at the times and places which in such awards shall be specified ; 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 such as shall 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. ARTICLE VIII It is further agreed that the commissioners mentioned in this and in the two preceding articles shall be respectively paid in such manner as shall be agreed between the two parties, such agreement being to be settled at the time of the exchange of the ratifications of this treaty. And all other expences attending the said commissions shall be defrayed jointly by the two parties, the same being previously ascer tained and allowed by the majority of the commissioners. And in the case of death, sickness or necessary absence, the place of every such commissioner respectively shall be sup plied in the same manner as such commissioner was first appointed, and the new commissioners shall take the same oath or affirmation and do the same duties. 142 NATIONAL DOCUMENTS ARTICLE IX It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of His Majesty, 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 as may respect the said lands and the legal remedies incident thereto, be regarded as aliens. ARTICLE X Neither 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 banks, 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 indi viduals, having confidence in each other and in their respec tive Governments, should ever be destroyed or impaired by national authority on account of national differences and discontents. ARTICLE XI It is agreed between His Majesty and the United States of America, that there shall be a reciprocal and entirely per fect liberty of navigation and commerce between their respective people, in the manner, under the limitations, and on the conditions specified in the following articles. ARTICLE XII [This article was stricken out by the Senate] 143 NATIONAL DOCUMENTS ARTICLE XIII His Majesty consents that the vessels belonging to the citi zens of the United States of America shall be admitted and hospitably received in all the sea-ports and harbors of the British territories 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 importation or exportation respectively, to or from the said territories, shall not be entirely prohibited. Provided only, that it shall not be lawful for them in any time of war between the British Government and any other Power or State whatever, to export 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 tonnage duty than shall be payable on British vessels when admitted into the ports of the United States. And they shall pay no other or higher duties or charges, on the importation or exportation 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 regulations shall be adopted by both parties as 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 granted by this article is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British terri tories ; but vessels going with their original cargoes, or part 144 NATIONAL DOCUMENTS thereof, from one port of discharge to another, are not to be :onsidered as carrying on the coasting trade. Neither is his article to be construed to allow the citizens of the said tes to settle or reside within the said territories, or to go the interior parts thereof, without the permission of the British Government established there; and if any trans gression should be attempted against the regulations of the British Government in this respect, the observance of the same shall and may be enforced against 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 harbour in the said territories, or if they should be permitted, in manner aforesaid, to go to any other place therein, shall always be subject to 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 the island of St. Helena, but subject in all respects to such regulations as the British Government may from time to time establish there. ARTICLE XIV There shall be between all the dominions of His Majesty in Europe and the territories of the United States a recipro cal 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 molestation, to come with their ships and cargoes to the lands, countries, 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 for the purposes of their commerce, and gener- 145 NATIONAL DOCUMENTS ally the merchants and traders on each side shall enjoy the most complete protection and security for their commerce; but subj ect always as to what respects this article to the laws and statutes of the two countries respectively. ARTICLE XV 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 merchandize of all other nations. Nor shall any other or higher duty be imposed in one country on the importation of any articles tke growth, produce, or manufacture of the other, than are or shall be payable on the importation of the like articles being of the growth, produce, or manufac ture of any other foreign country. Nor shall any prohibition be imposed on the exportation or importation of any articles to or from the territories of the two parties respectively, which shall not equally extend to all other nations. But the British Government reserves to itself the right of imposing on American vessels entering into the British ports in Europe 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 duty now payable on the importation of European and Asiatic goods, when imported into the United States in British or in American vessels. The two parties agree to treat for the more exact equaliza tion of the duties on the respective navigation of their sub jects and people, in such manner as may be most beneficial to the two countries. The arrangements for 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 146 NATIONAL DOCUMENTS that the United States will not impose any new or additional tonnage duties on British vessels, nor increase the now- subsisting difference between the duties payable on the importation of any articles in British or in American vessels. ARTICLE XVI It shall be free for the two contracting parties, respec tively, 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, he shall be in the usual 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 Govern ment, a Consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, 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 such party shall judge proper to be so excepted. ARTICLE XVII It is agreed that in all cases where vessels shall be cap tured or detained on just suspicion of having on board enemy 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 any 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 147 NATIONAL DOCUMENTS with the remainder without any impediment. And it is agreed that all proper measures shall be taken to prevent delay in deciding the cases of ships or cargoes so brought in for adjudication, and in the payment or recovery of any indemnification, adjudged or agreed to be paid to the masters or owners of such ships. ARTICLE XVIII In order to regulate what is in future to be esteemed contraband of war, it is agreed that under the said denom ination shall be comprised all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenades, carcasses, sau- cisses, carriages for cannon, musket-rests, bandoliers, gun powder, match, saltpetre, ball, pikes, swords, head-pieces, cuirasses, halberts, 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 whatever may serve directly to the equipment of vessels, unwrought 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 carried to an enemy. And whereas the difficulty of agreeing on the precise cases in which alone provisions and other articles not generally contraband may be regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise: It is further agreed that when ever 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 indemnified; and the captors, or, in their default, the Government under 148 NATIONAL DOCUMENTS whose authority they act, shall pay to the masters or owners of such vessels the full value of all such articles, with a rea sonable mercantile profit thereon, together 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, 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 contraband, be confiscated, unless after notice 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 before 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. ARTICLE XIX And that more abundant care may be taken for the secur ity of the respective subjects and citizens of the contracting parties, and to prevent their suffering 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 committing any outrage against them, and if they act to the contrary they shall be punished, and shall also be bound in their persons and estates to make satisfac tion 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 their commissions, shall hereafter be obliged to give, 149 NATIONAL DOCUMENTS before a competent judge, sufficient security by at least two responsible sureties, who have no interest in the said priva teer, each of whom, together 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 all damages and injuries which the said privateer, or her officers or men, or any of them, may do or commit during their cruise contrary to the tenor of this treaty, or to the laws and instructions for regu lating their conduct ; and further, that in all cases of aggres sions the said commissions shall be 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, without the smallest delay, he paying all legal fees and demands for the same. ARTICLE 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, harbor, conceal, or assist them in any manner, but will bring to condign punishment all such inhab itants as shall be guilty of such acts or offences. And all their ships, with the goods or merchandizes 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 authorized in writing by them (proper 150 NATIONAL DOCUMENTS evidence being first given in the court of admiralty for prov ing the property) even in case such effects 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 they had been piratically taken. ARTICLE XXI It is likewise agreed that the subjects and citizens of the two nations shall not do any acts of hostility or violence against each other, nor accept commissions or instructions so 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 all such offences and aggressions shall be punctually executed. And if any subject or citizen of the said parties respectively shall accept any foreign com mission or letters of marque for arming any vessel to act as a privateer against the other party, and be taken by the other party, it is hereby declared to be lawful for the said party to treat and punish the said subject or citizen having such commission or letters of marque as a pirate. ARTICLE XXII It is expressly stipulated that neither of the said contract ing parties will order or authorize any acts of reprisal against the other, on complaints 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 refused or unreasonably delayed. 151 NATIONAL DOCUMENTS ARTICLE XXIII The ships of war of each of the contracting parties shall, at all times, be 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 inhabitants, all offenders in this respect shall be punished as disturbers of the peace and amity between the two coun tries. And His Majesty consents that in case an American vessel should, by stress of weather, danger from enemies, or other misfortune, be reduced to the necessity of seeking shelter in any of His Maj esty s ports, into which such vessel could not in ordinary cases claim to be admitted, she shall, on manifesting that necessity to the satisfaction of the Government of the place, be hospitably received, and be per mitted to refit and to purchase at the market price such neces saries as she may stand in need of, conformably to such orders and regulations as the Government of the place, having respect to the circumstances of each case, shall pre scribe. She shall not be allowed to break bulk or unload her cargo, unless the same should be bona fide necessary to her being refitted. Nor shall be permitted to sell any part of her cargo, unless so much only as may be necessary to defray her expences, and then not without the express permission of the Government of the place. Nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforesaid. ARTICLE XXIV It shall not be lawful for any foreign privateers (not being subjects or citizens of either of the said parties) who have 152 NATIONAL DOCUMENTS 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 other manner to exchange the same; nor shall they be allowed to purchase more provisions than shall be necessary for their going to the nearest port of that Prince or State from whom they obtained their commissions. ARTICLE XXV It shall be lawful for the ships of war and privateers belonging to the said parties respectively to carry whitherso ever they please the ships and goods taken from their enemies, without being 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 searchers or other officers of those places visit such prizes, (except for the purpose of preventing the carrying of any part of the cargo thereof on shore in any manner contrary to the estab lished laws of revenue, navigation, or commerce,) nor shall such officers take cognizance of the validity of such prizes ; but they shall be at liberty to hoist sail and depart as speedily as may be, and carry their said prizes to the place mentioned in their commissions or patents, which the commanders of the said ships of war or privateers shall be obliged to show. 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 dangers 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 construed or operate contrary to former and existing public treaties with other sovereigns or States. But 153 NATIONAL DOCUMENTS the two parties agree that while they continue in amity neither of them will in future make any treaty that shall be inconsistent with this or the preceding article. Neither of the said parties shall permit the ships or goods belonging to the subjects or citizens of the other to be taken within cannon shot of the coast, nor in any of the bays, ports, or rivers of their territories, by ships of war or others having commission from any Prince, Republic, or State whatever. But in case it should so happen, the party whose territorial rights shall thus have been violated shall use his utmost endeavors to obtain from the offending party full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels. ARTICLE XXVI If at any time a rupture should take place (which God forbid) between His Majesty and the United States, the merchants and others of each of the two nations residing in the dominions of the other shall have the privilege of remaining and continuing their trade, so long as they behave peaceably and commit no offence 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, effects, and property, but this favor shall not be extended to those who shall act contrary to the estab lished laws ; and for greater certainty, it is declared that such rupture shall not be deemed to exist while negotiations for accommodating differences shall be depending, nor until the respective Ambassadors or Ministers, if such there shall be, shall be recalled or sent home on account of such differences, and not on account of personal misconduct, according to the 154 NATIONAL DOCUMENTS nature and degrees of which both parties retain their rights, either to request the recall, or immediately to send home the Ambassador or Minister of the other, and that without preju dice to their mutual and good understanding. ARTICLE XXVII It is further agreed that His Majesty and the United States, on mutual requisitions, by them respectively, or by their respective Ministers or officers authorized to make the same, will deliver up to justice all persons who, being charged with murder or forgery, committed within the juris diction of either, shall seek an asylum within any of the countries of the other, provided that this shall only be done on such evidence of criminality as, according to the laws of the place, where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been committed. The expence of such apprehension and delivery shall be borne and defrayed by those who make the requisition and receive the fugitive. ARTICLE XXVIII It is agreed that the first ten articles of this treaty shall be permanent, and that the subsequent articles, except 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 subject to this condition, That whereas the said twelfth article will expire by the limitation therein contained, at the end of two years from the signing of the preliminary or other articles of peace, which shall terminate the present war in which His Majesty is engaged, it is agreed that proper measures shall by concert be taken for bringing the subject of that article into amicable treaty 155 NATIONAL DOCUMENTS and discussion, so early before the expiration of the said term as that new arrangements on that head may by that time be perfected and ready to take place. But if it should unfortunately happen that His Majesty and the United States should not be able to agree on such new arrange ments, in that case all the articles of this treaty, except the first ten, shall then cease and expire together. Lastly. This treaty, when the same shall have been rati fied by His Majesty and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mutually exchanged, shall be binding and obligatory 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 expedient, in order the better to facilitate intercourse and obviate difficulties, that other articles be proposed and added to this treaty, 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 endeavor so to form them as that they may conduce to mutual convenience and tend to promote mutual satisfaction and friendship; and that the said articles, after having been duly ratified, shall be added to and make a part of this treaty. In faith whereof we, the undersigned Ministers Plenipotentiary of His Majesty the King of Great Britain and the United Stated 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. GRENVILLE [L. s.] JOHN JAY [L. s.] 156 Washington s Farewell Address 1796 Friends and Fellow-Citizens: The period for a new election of a Citizen, to admin ister the Executive Government of the United States, being not far distant, and the time actually arrived, when your thoughts must be employed in designating the person, who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct ex pression of the public voice, that I should now apprize you of the resolution I have formed, to decline being considered among the number of those, out of whom a choice is to be made. I beg you, at the same time, to do me the justice to be assured, that this resolution has not been taken, without a strict regard to all the considerations appertaining to the relation, which binds a dutiful citizen to his country and that, in withdrawing the tender of service which silence in my situation might imply, I am influenced by no diminu tion of zeal for your future interest, no deficiency of grate ful respect for your past kindness ; but am supported by a full conviction that the step is compatible with both. The acceptance of, and continuance hitherto in, the office to which your suffrages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your desire. I constantly hoped that it would have been much earlier in my power, consistently with motives, which I was not at liberty to disregard, to return to that retirement, from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last election, had even led to the preparation of an address to declare 157 NATIONAL DOCUMENTS it to you; but mature reflection on the then perplexed and critical posture of our affairs with foreign Nations, and the unanimous advice of persons entitled to my confidence, impelled me to abandon the idea. I rejoice, that the state of your concerns, external as well as internal, no longer renders the pursuit of inclina tion incompatible with the sentiment of duty, or propriety; and am persuaded, whatever partiality may be retained for my services, that, in the present circumstances of our country, you will not disapprove my determination to retire. The impressions, with which I first undertook the ardu ous trust, were explained on the proper occasion. In the discharge of this trust, I will only say, that I have, with good intentions, contributed towards the organization and administration of the government, the best exertions of which a very fallible judgment was capable. Not uncon scious, in the outset, of the inferiority of my qualifications, experience in my own eyes, perhaps still more in the eyes of others, has strengthened the motives to diffidence of my self ; and every day the increasing weight of years admon ishes me more and more, that the shade of retirement is as necessary to me as it will be welcome. Satisfied, that, if any circumstances have given peculiar value to my services, they were temporary, I have the consolation to believe, that, while choice and prudence invite me to quit the political scene, patriotism does not forbid it. In looking forward to the moment, which is intended to terminate the career of my public life, my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude, which I owe to my beloved country, for the many honors it has conferred upon me; still more for the stedf ast confidence with which it has supported me ; and for the opportunities I have thence enjoyed of mani festing my inviolable attachment, by services faithful and 158 NATIONAL DOCUMENTS persevering, though in usefulness unequal to my zeal If benefits have resulted to our country from these services, t it always be remembered to your praise, and as an in structive example in our annals, that under circumstances m which the Passions, agitated in every direction, were liable to mislead, amidst appearances sometimes dubious vicissitudes of fortune often discouraging, in situations in which not unfrequently want of success has countenanced the spirit of criticism, the constancy of your support was the essential prop of the efforts, and a guarantee of the plans by which they were effected. Profoundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing vows that Heaven may con tinue to you the choicest tokens of its beneficence that your union and brotherly affection may be perpetual that the free constitution, which is the work of your hands, may be sacredly maintained that its administration in every de partment "may be stamped with wisdom and virtue that, in fine, the happiness of the people of these States, under the auspices of liberty, may be made complete, by so careful a preservation and so prudent a use of this blessing, as will acquire to them the glory of recommending it to the ap plause, the affection, and adoption of every nation, which is yet a stranger to it. Here, perhaps, I ought to stop. But a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger, natural to that solicitude, urge me on an occasion like the present, to offer to your solemn con templation, and to recommend to your frequent review, some sentiments; which are the result of much reflection, of no inconsiderable observation and which appear to me all important to the permanency of your felicity as a Peo ple. These will be offered to you with the more freedom, as you can only see in them the disinterested warnings of 159 NATIONAL DOCUMENTS a parting friend, who can possibly have no personal motive to bias his counsel. Nor can I forget, as an encourage ment to it, your indulgent reception of my sentiments on a former and not dissimilar occasion. Interwoven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment. The Unity of Government, which constitutes you one peo ple, is also now dear to you. It is justly so; for it is a main Pillar in the Edifice of your real independence; the support of your tranquillity at home; your peace abroad; of your safety; of your prosperity in every shape; of that very Liberty, which you so highly prize. But as it is easy to foresee, that, from different causes, and from different quarters, much pains will be taken, many artifices em ployed, to weaken in your minds the conviction of this truth ; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment, that you should properly estimate the immense value of your na tional Union to your collective and individual happiness; that you should cherish a cordial, habitual, and immove- able attachment to it; accustoming yourselves to think and speak of it as of the Palladium of your political safety and prosperity; watching for its preservation with jealous anxiety ; discountenancing whatever may suggest even a sus picion, that it can in any event be abandoned, and indig nantly frowning upon the first dawning of every attempt to alienate any portion of our Country from the rest, or to enfeeble the sacred ties which now link together the various parts. For this you have every inducement of sympathy and interest. Citizens by birth or choice of a common country, 160 NATIONAL DOCUMENTS that country has a right to concentrate your affections. The name of AMERICAN, which belongs to you, in your na tional capacity, must always exalt the just pride of Patriotism, more than any appellation derived from local discriminations. With slight shades of difference, you have the same Religion, Manners, Habits, and Political Prin ciples. You have in a common cause fought and triumphed together; the Independence and Liberty you possess are the work of joint counsels, and joint efforts of common dan gers, sufferings, and successes. But these considerations, however powerfully they ad dress themselves to your sensibility, are greatly outweighed by those which apply more immediately to your Interest. Here every portion of our country finds the most command ing motives for carefully guarding and preserving the Union of the whole. The North, in an unrestrained intercourse with the South, protected by the equal Laws of a common government, finds, in the productions of the latter, great additional resources of maritime and commercial enterprise and precious ma terials of manufacturing industry. The South, in the same intercourse, benefiting by the agency of the North, sees its agriculture grow and its commerce expand. Turning partly into its own channels the seamen of the North, it finds its particular navigation envigorated; and, while it contrib utes, in different ways, to nourish and increase the general mass of the national navigation, it looks forward to the protection of a maritime strength to which itself is un equally adapted. The East, in a like intercourse with the West, already finds, and in the progressive improvement of interior communications, by land and water, will more and more find, a valuable vent for the commodities which it brings from abroad, or manufactures at home. The West derives from the East supplies requisite to its growth and 161 NATIONAL DOCUMENTS comfort, and what is perhaps of still greater consequence, it must of necessity owe the secure enjoyment of indispen sable outlets for its own productions to the weight, influence, and the future maritime strength of the Atlantic side of the -Union, directed by an indissoluble community of interest as one Nation. Any other tenure by which the West can hold this essential advantage, whether derived from its own separate strength, or from an apostate and unnatural con nection with any foreign power, must be intrinsically pre carious. While then every part of our Country thus feels an im mediate and particular interest in Union, all the parts com bined in the united mass of means and efforts cannot fail to find greater strength, greater resource, proportionably greater security from external danger, a less frequent in terruption of their Peace by foreign Nations; and, what is of inestimable value ! they must derive from Union an exemption from those broils and wars between themselves, which so frequently afflict neighbouring countries, not tied together by the same governments; which their own rival- ships alone would be sufficient to produce; but which op posite foreign alliances, attachments, and intrigues would stimulate and embitter. Hence likewise they will avoid the necessity of those overgrown Military establishments, which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to Republican Liberty. In this sense it is, that your Union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preserva tion of the other. These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the contin uance of the UNION as a primary object of Patriotic desire. Is there a doubt, whether a common government can em- 162 NATIONAL DOCUMENTS brace so large a sphere? Let experience solve it. To listen to mere speculation in such a case were criminal. We are authorized to hope that a proper organization of the whole, with the auxiliary agency of governments for the respective subdivisions, will afford a happy issue to the experiment. It is well worth a fair and full experiment. With such powerful and obvious motives to Union, affecting all parts of our country, while experience shall not have demon strated its impracticability, there will always be reason to distrust the patriotism of those, who in any quarter may endeavour to weaken its bands. In contemplating the causes which may disturb our Union, it occurs as matter of serious concern, that any ground should have been furnished for characterizing parties by geographical discriminations Northern and Southern, Atlantic and Western; whence designing men may endeavour to excite a belief, that there is a real dif ference of local interests and views. One of the expedi ents of Party to acquire influence, within particular dis tricts, is to misrepresent the opinions and aims of other districts. You cannot shield yourselves too much against the jealousies and heart burnings, which spring from these misrepresentations; they tend to render alien to each other those, who ought to be bound together by fraternal affection. The inhabitants of our Western country have lately had a useful lesson on this head they have seen, in the negotiation by the Executive, and in the unanimous ratification by the Senate, of the treaty with Spain, and in the universal satisfaction at that event, throughout the United States, a decisive proof how unfounded were the suspicions propagated among them of a policy in the Gen eral Government and in the Atlantic States unfriendly to their interests in regard to the MISSISSIPPI they have been witnesses to the formation of two Treaties, that with G. 163 NATIONAL DOCUMENTS Britain, and that with Spain, which secure to them every thing they could desire, in respect to our Foreign Relations, towards confirming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the UNION by which they were procured? Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their Brethren, and connect them with Aliens? To the efficacy and permanency of your Union, a Gov ernment for the whole is indispensable. No alliances, however strict between the parts can be an adequate sub stitute. They must inevitably experience the infractions and interruptions which all alliances in all times have ex perienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a Con stitution of Government, better calculated than your former for an intimate Union, and for the efficacious management of your common concerns. This government, the offspring of our own choice uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a pro vision for its own amendment, has a just claim to your con fidence and your support. Respect for its authority, com pliance with its Laws, acquiescence in its measures, are duties enj oined by the fundamental maxims of true Liberty. The basis of our political systems is the right of the peo ple to make and to alter their Constitutions of Government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole Peo ple, is sacredly obligatory upon all. The very idea of the power and the right of the People to establish Government presupposes the duty of every individual to obey the estab lished Government. 164 NATIONAL DOCUMENTS All obstructions to the execution of the Laws, all combi nations and associations, under whatever plausible char acter, with the real design to direct, controul, counteract, or awe the regular deliberation and action of the consti tuted authorities, are destructive of this fundamental prin ciple, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force to put in the place of the delegated will of the nation, the will of a party; often a small but artful and enterprising minority of the community ; and, according to the alternate triumphs of different parties, to make the public admin istration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans digested by common councils, and modified by mutual interests. However combinations or associations of the above descriptions may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the Power of the People, and to usurp for themselves the reins of Gov ernment; destroying afterwards the very engines, which have lifted them to unjust dominion. Towards the preservation of your Government, and the permanency of your present happy state, it is requisite, not only that you steadily discountenance irregular oppositions to its acknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect, in the forms of the Constitution, alterations which will impair the energy of the system, and thus to under mine what cannot be directly overthrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of Governments, as of other human institutions that ex- 165 NATIONAL DOCUMENTS perience is the surest standard, by which to test the real tendency of the existing Constitution of a Country that facility in changes upon the credit of mere hypothesis and opinion exposes to perpetual change, from the endless va riety of hypothesis and opinion : and remember, especially, that, for the efficient management of your common interests, in a country so extensive as ours, a Government of as much vigor as is consistent with the perfect security of Liberty is indispensable. Liberty itself will find in such a gov ernment, with powers properly distributed and adjusted, its surest Guardian. It is, indeed, little else than a name, where the Government is too feeble to withstand the enter prise of faction, to confine each member of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property. I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on Geographical discriminations. Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the Spirit of Party, generally. This Spirit, unfortunately, is inseparable from our na ture, having its root in the strongest passions of the hu man mind. It exists under different shapes in all Govern ments, more or less stifled, controuled, or repressed; but, in those of the popular form, it is seen in its greatest rank- ness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissen sion, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries, which result, 166 NATIONAL DOCUMENTS gradually incline the minds of men to seek security and re pose in the absolute power of an Individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty. Without looking forward to an extremity of this kind, (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of Party are sufficient to make it the interest and duty of a wise people to discourage and restrain it. It serves always to distract the Public Councils, and en feeble the Public administration. It agitates the com munity with ill founded jealousies and false alarms, kindles the animosity of one part against another, foments occa sionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the Government itself through the channels of party passions. Thus the policy and the will of one coun try, are subjected to the policy and will of another. There is an opinion, that parties in free countries are useful checks upon the Administration of the Government, and serve to keep alive the spirit of Liberty. This within certain limits is probably true and in Governments of a Monarchical cast, Patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of the popular character, in Governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose, and there being constant danger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched; it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume. 167 NATIONAL DOCUMENTS It is important, likewise, that the habits of thinking in a free country should inspire caution in those intrusted with its administration, to confine themselves within their respective constitutional spheres; avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just esti mate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to sat isfy us of the truth of this position. The necessity of re ciprocal checks in the exercise of political power, by divid ing and distributing it into different depositories, and con stituting each the Guardian of the Public Weal against in vasions by the others, has been evinced by experiments ancient and modern ; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the People, the dis tribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the constitution designates. But let there be no change by usurpation; for though this, in one in stance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield. Of all the dispositions and habits, which lead to political prosperity, Religion and Morality are indispensable sup ports. In vain would that man claim the tribute of Patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of Men and Citizens. The mere Politician, equally with the pious man, ought to respect and to cherish them. A 168 NATIONAL DOCUMENTS volume could not trace all their connexions with private and public felicity. Let it simply be asked where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the in struments of investigation in Courts of Justice? And let us with caution indulge the supposition, that morality can be maintained without religion. Whatever may be con ceded to the influence of refined education on minds of pe culiar structure reason and experience both forbid us to expect, that national morality can prevail in exclusion of religious principle. T is substantially true, that virtue or morality is a necessary spring of popular government. The rule in deed extends with more or less force to every species of Free Government. Who that is a sincere friend to it can look with indifference upon attempts to shake the founda tion of the fabric? Promote, then, as an object of primary importance, in stitutions for the general diffusion of knowledge. In pro portion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened. As a very important source of strength and security, cherish public credit. One method of preserving it is, to use it as sparingly as possible: avoiding occasions of ex pense by cultivating peace, but remembering also that timely disbursements to prepare for danger frequently pre vent much greater disbursements to repel it avoiding like wise the accumulation of debt, not only by shunning occa sions of expense, but by vigorous exertions in time of Peace to discharge the debts which unavoidable wars may have occasioned, not ungenerously throwing upon posterity the burthen which we ourselves ought to bear. The execution of these maxims belongs to your Representatives, but it is 169 NATIONAL DOCUMENTS necessary that public opinion should cooperate. To facili tate to them the performance of their duty, it is essential that you should practically bear in mind, that towards the payment of debts there must be Revenue that to have Revenue there must be taxes that no taxes can be devised, which are not more or less inconvenient and unpleasant that the intrinsic embarrassment, inseparable from the se lection of the proper objects (which is always a choice of difficulties) ought to be a decisive motive for a candid con struction of the conduct of the Government in making it, and for a spirit of acquiescence in the measures for obtaining Revenue, which the public exigencies may at any time dic tate. Observe good faith and justice towards all Nations. Cultivate peace and harmony with all. Religion and Morality enjoin this conduct; and can it be, that good policy does not equally enjoin it? It will be worthy of a free, enlightened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel ex ample of a People always guided by an exalted justice and benevolence. Who can doubt that in the course of time and things, the fruits of such a plan would richly repay any temporary advantages, which might be lost by a steady adherence to it? Can it be that Providence has not con nected the permanent felicity of a Nation with its virtue? The experiment, at least, is recommended by every senti ment which ennobles human nature. Alas ! is it rendered impossible by its vices? In the execution of such a plan nothing is more essential than that permanent, inveterate antipathies against par ticular nations and passionate attachments for others, should be excluded; and that, in place of them, just and amicable feelings towards all should be cultivated. The Nation, which indulges towards another an habitual hatred 170 NATIONAL DOCUMENTS or an habitual fondness, is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable, when accidental or trifling occasions of dispute occur. Hence frequent collisions, obstinate, envenomed and bloody contests. The Nation prompted by ill-will and resent ment, sometimes impels to War the Government, contrary to the best calculations of policy. The Government some times participates in the national propensity, and adopts through passion what reason would reject; at other times, it makes the animosity of the Nation subservient to proj ects of hostility instigated by pride, ambition, and other sinister and pernicious motives. The peace often, some times perhaps the Liberty, of Nations has been the victim. So likewise a passionate attachment of one Nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, be trays the former into a participation in the quarrels and wars of the latter, without adequate inducement or justi fication. It leads also to concessions to the favorite Nation of privileges denied to others, which is apt doubly to injure the Nation making the concessions; by unnecessarily part ing with what ought to have been retained; and by excit ing jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld; and it gives to ambitious, corrupted, or deluded citizens, (who de vote themselves to the favorite Nation) facility to betray or sacrifice the interests of their own country, without 171 NATIONAL DOCUMENTS odium, sometimes even with popularity: gilding, with the appearances of a virtuous sense of obligation, a commend able deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation. As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent Patriot. How many oppor tunities do they afford to tamper with domestic factions, to practise the arts of seduction, to mislead public opinion, to influence or awe the public councils ! Such an attachment of a small or weak, towards a great and powerful nation, dooms the former to be the satellite of the latter. Against the insidious wiles of foreign influence, I con jure you to believe me, fellow-citizens, the jealousy of a free people ought to be constantly awake ; since history and experience prove that foreign influence is one of the most baneful foes of republican Government. But that jealousy, to be useful, must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation, and excessive dislike of another, cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real Patriots, who may resist the intrigues of the favourite, are liable to become suspected and odious; while its tools and dupes usurp the applause and confidence of the people, to surrender their interests. The great rule of conduct for us, in regard to foreign Nations, is, in extending our commercial relations, to have with them as little Political connection as possible. So far as we have already formed engagements, let them be ful filled with perfect good faith. Here let us stop. Europe has a set of primary interests, which to us have 172 NATIONAL DOCUMENTS none, or a very remote relation. Hence she must be en gaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties in the ordinary vicissitudes of her politics, or the ordi nary combinations and collisions of her friendships, or enmities. Our detached and distant situation invites and enables us to pursue a different course. If we remain one People, under an efficient government, the period is not far off, when we may defy material injury from external annoy ance; when we may take such an attitude as will cause the neutrality we may at any time resolve upon to be scrupu lously respected. When belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation when we may choose peace or war, as our interest, guided by our justice, shall counsel. Why forego the advantages of so peculiar a situation ? Why quit our own to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor, or caprice ? T is our true policy to steer clear of permanent alli ances, with any portion of the foreign world; so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronizing infidelity to existing engagements. (I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy.) I repeat it therefore let those engagements be observed in their genuine sense. But in my opinion it is unnecessary and would be unwise to extend them. Taking care always to keep ourselves, by suitable estab lishments, on a respectable defensive posture, we may 173 NATIONAL DOCUMENTS safely trust to temporary alliances for extraordinary emer gencies. Harmony, liberal intercourse with all nations, are recom mended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand : neither seeking nor granting exclusive favors or prefer ences ; consulting the natural course of things ; diffusing and diversifying by gentle means the streams of commerce, but forcing nothing; establishing with Powers so disposed in order to give trade a stable course, to define the rights of our Merchants, and to enable the Government to sup port them conventional rules of intercourse, the best that present circumstances and mutual opinion will permit; but temporary, and liable to be from time to time abandoned or varied, as experience and circumstances shall dictate; con stantly keeping in view, that t is folly in one nation to look for disinterested favors from another; that it must pay with a portion of its independence for whatever it may accept under that character that by such acceptance, it may place itself in the condition of having given equiva lents for nominal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect or calculate upon real favors from Nation to Nation. T is an illusion, which experience must cure, which a just pride ought to discard. In offering to you, my Countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression, I could wish, that they will controul the usual current of the passions, or prevent our Nation from running the course which has hitherto marked the destiny of Nations. But if I may even flatter myself, that they may be productive of some partial bene fit; some occasional good; that they may now and then recur to moderate the fury of party spirit, to warn against 174 NATIONAL DOCUMENTS the mischiefs of foreign intrigue, to guard against the im postures of pretended patriotism, this hope will be a full recompense for the solicitude for your welfare, by which they have been dictated. How far in the discharge of my official duties, I have been guided by the principles which have been delineated, the public Records and other evidences of my conduct must witness to You and to the world. To myself the assurance of my own conscience is, that I have at least believed my self to be guided by them. In relation to the still subsisting War in Europe, my Proclamation of the 22d of April 1793 is the index to my plan. Sanctioned by your approving voice and by that of your Representatives in both Houses of Congress, the spirit of that measure has continually governed me: uninflu enced by any attempts to deter or divert me from it. After deliberate examination with the aid of the best lights I could obtain, I was well satisfied that our country, under all the circumstances of the case, had a right to take, and was bound in duty and interest to take, a Neutral position. Having taken it, I determined, as far as should depend upon me, to maintain it, with moderation, persever ance, and firmness. The considerations which respect the right to hold this conduct, it is not necessary on this occasion to detail. I will only observe, that, according to my understanding of the matter, that right, so far from being denied by any of the Belligerent Powers, has been virtually admitted by all. The duty of holding a neutral conduct may be inferred, without any thing more, from the obligation which justice and humanity impose on every Nation, in cases in which it is free to act, to maintain inviolate the relations of Peace and Amity towards other Nations. The inducements of interest for observing that conduct 175 NATIONAL DOCUMENTS will best be referred to your own reflections and experience. With me, a predominant motive has been to endeavour to gain time to our country to settle and mature its yet recent institutions, and to progress without interruption to that degree of strength and consistency, which is necessary to give it, humanly speaking, the command of its own fortunes. Though, in reviewing the incidents of my Administra tion, I am unconscious of intentional error I am neverthe less too sensible of my defects not to think it probable that I may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence; and that, after forty-five years of my life dedicated to its service with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as my self must soon be to the mansions of rest. Relying on its kindness in this as in other things, and actuated by that fervent love towards it, which is so natural to a man, who views in it the native soil of himself and his progenitors for several generations; I anticipate with pleasing expectation that retreat, in which I promise my self to realize, without alloy, the sweet enjoyment of par taking, in the midst of my fellow-citizens, the benign in fluence of good Laws under a free Government, the ever favorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors, and dangers. 176 Treaty with France 1803 Treaty with France for the Cession of Louisiana, Con cluded at Paris April 30, 1803; Ratification Advised by Senate October 20, 1803; Ratified by President October 21, 1803; Ratifications Exchanged at Washington October 21, 1803; Proclaimed October 21, 1803. The President of the United States of America, and the First Consul of the French Republic, in the name of the French people, desiring to remove all source of misunder standing relative to objects of discussion mentioned in the second and fifth articles of the convention of the 8th Ven- demiaire, an 9 (30th September, 1800) relative to the rights claimed by the United States, in virtue of the treaty con cluded at Madrid, the 27th of October, 1795, between His Catholic Majesty and the said United States, and willing to strengthen the union and friendship which at the time of the said convention was happily re-established between the two nations, have respectively named their Plenipotentiaries, to wit : the President of the United States, [of America,] by and with the advice and consent of the Senate of the said States, Robert R. Livingston, Minister Plenipotentiary of the United States, and James Monroe, Minister Plenipoten tiary and Envoy Extraordinary of the said States, near the Government of the French Republic; and the First Consul, in the name of the French people, Citizen Francis Barbe Marbois, Minister of the Public Treasury; who, after having respectively exchanged their full powers, have agreed to the following articles: ARTICLE I Whereas by the article the third of the treaty concluded at St. Idelfonso, the 9th Vendemiaire, an 9 (1st October, 177 NATIONAL DOCUMENTS 1800,) between the First Consul of the French Republic and His Catholic Majesty, it was agreed as follows: "His Catholic Majesty promises and engages on his part, to cede to the French Republic, six months after the full and entire execution of the conditions and stipulations herein relative to His Royal Highness the Duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it, and such as it should be after the treaties subsequently entered into between Spain and other States." And whereas, in pursuance of the treaty, and particularly of the third arti cle, the French Republic has an incontestable title to the domain and to the possession of the said territory: The First Consul of the French Republic desiring to give to the United States a strong proof of his friendship, doth hereby cede to the said United States, in the name of the French Republic, forever and in full sovereignty, the said territory, with all its rights and appurtenances, as fully and in the same manner as they have been acquired by the French Republic, in virtue of the above-mentioned treaty, concluded with His Catholic Majesty. ARTICLE II In the cession made by the preceding article are included the adjacent islands belonging to Louisiana, all public lots and squares, vacant lands, and all public buildings, forti fications, barracks and other edifices which are not private property. The archives, papers, and documents, relative to the domain and sovereignty of Louisiana and its depend ences, will be left in the possession of the commissaries of the United States, and copies will be afterwards given in due form to the magistrates and municipal officers of such of the said papers and documents as may be necessary to them. 178 NATIONAL DOCUMENTS ARTICLE III The inhabitants of the ceded territory shall be incor porated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States; and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess. ARTICLE IV There shall be sent by the Government of France a com missary to Louisiana, to the end that he do every act neces sary, as well to receive from the officers of His Catholic Majesty the said country and its dependences, in the name of the French Republic, if it has not been already done, as to transmit it in the name of the French Republic to the commissary or agent of the United States. ARTICLE v Immediately after the ratification of the present treaty by the President of the United States, and in case that of the First Consul shall have been previously obtained, the commissary of the French Republic shall remit all military posts of New Orleans, and other parts of the ceded territory, to the commissary or commissaries named by the President to take possession ; the troops, whether of France or Spain, who may be there shall cease to occupy any military post from the time of taking possession, and shall be embarked as soon as possible, in the course of three months after the ratification of this treaty. 179 NATIONAL DOCUMENTS ARTICLE VI The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians, until, by mutual consent of the United States and the said tribes or nations, other suitable articles shall have been agreed upon. ARTICLE VII As it is reciprocally advantageous to the commerce of France and the United States to encourage the communica tion of both nations for a limited time in the country ceded by the present treaty, until general arrangements relative to the commerce of both nations may be agreed on ; it has been agreed between the contracting parties, that the French ships coming directly from France or any of her colonies, loaded only with the produce and manufactures of France or her said colonies; and the ships of Spain coming directly from Spain or any of her colonies, loaded only with the pro duce or manufactures of Spain or her colonies, shall be admitted during the space of twelve years in the port of New Orleans, and in all other legal ports of entry within the ceded territory, in the same manner as the ships of the United States coming directly from France or Spain, or any of their colonies, without being subject to any other or greater duty on merchandize, or other or greater tonnage than that paid by the citizens of the United States. During the space of time above mentioned, no other nation shall have a right to the same privileges in the ports of the ceded territory; the twelve years shall commence three months after the exchange of ratifications, if it shall take place in France, or three months after it shall have been 180 NATIONAL DOCUMENTS notified at Paris to the French Government, if it shall take place in the United States; it is however well understood that the object of the above article is to favor the manu factures, commerce, freight, and navigation of France and of Spain, so far as relates to the importations that the French and Spanish shall make into the said ports of the United States, without in any sort affecting the regulations that the United States may make concerning the exportation of the produce and merchandize of the United States, or any right they may have to make such regulations. ARTICLE VIII In future and forever after the expiration of the twelve years, the ships of France shall be treated upon the footing of the most favoured nations in the ports above mentioned. ARTICLE IX The particular convention signed this day by the respec tive ministers, having for its object to provide for the pay ment of debts due to the citizens of the United States by the French Republic prior to the 30th Septr., 1800, (8th Vende- miaire, an 9,) is approved, and to have its execution in the same manner as if it had been inserted in this present treaty ; and it shall be ratified in the same form and in the same time, so that the one shall not be ratified distinct from the other. Another particular convention signed at the same date as the present treaty relative to a definitive rule between the contracting parties is in the like manner approved, and will be ratified in the same form, and in the same time, and jointly. 181 NATIONAL DOCUMENTS ARTICLE X The present treaty shall be ratified in good and due form, and the ratifications shall be exchanged in the space of six months after the date of the signature by the Ministers Plenipotentiary, or sooner if possible. In faith whereof, the respective Plenipotentiaries have signed these articles in the French and English languages ; declaring nevertheless that the present treaty was originally agreed to in the French language ; and have thereunto affixed their seals. Done at Paris the tenth day of Floreal, in the eleventh year of the French Republic, and the 30th of April, 1803. ROBT. R. LIVINGSTON [L. s.] JAS. MONROE [L. s.] F. BARBE* MARBOIS [L. s.] 182 Treaty with Great Britain 1814 Treaty of Peace and Amity between His Britannic Ma jesty and the United States of America, Concluded at Ghent December 24, 1814; Ratification Advised by Senate Febru ary 16, 1815; Ratified by President February 17, 1815; Ratifications Exchanged at Washington February 17, 1815; Proclaimed February 18, 1815. His Britannic Majesty and the United States of America, desirous of terminating the war which has unhappily sub sisted between the two countries, and 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, has appointed the Right Honourable James Lord Gambier, late Admiral of the White, now Admiral of the Red Squadron of His Maj esty s fleet, Henry Goulburn, Esquire, a member of the Imperial Parliament, and Under Secretary of State, and William Adams, Esquire, Doctor of Civil Laws; and the President of the United States, by and with the advice and consent of the Senate thereof, has appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, citizens of the United States ; Who, after a reciprocal communication of their respective full powers, have agreed upon the following articles : ARTICLE I There shall be a firm and universal peace between His Britannic Maj esty and the United States, and between their 183 NATIONAL DOCUMENTS respective countries, territories, cities, towns, and people, of every degree, without exception of places or persons. All hostilities, both by sea and land, shall cease as soon as this treaty shall have been ratified by both parties, as hereinafter mentioned. All territory, places, and possessions whatso ever, taken by either party from the other during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruc tion or carrying away any of the artillery or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property. And all archives, records, deeds, and papers, either of a public nature or belonging to private persons, which, in the course of the war, may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored and delivered to the proper authorities and persons to whom they respectively belong. Such of the islands in the Bay of Passamaquoddy as are claimed by both parties, shall remain in the possession of the party in whose occupation they may be at the time of the ex change of the ratifications of this treaty, until the decision respecting the title to the said islands shall have been made in conformity with the fourth article of this treaty. No dis position made by this treaty as to such possession of the islands and territories claimed by both parties shall, in any manner whatever, be construed to affect the right of either. ARTICLE II Immediately after the ratifications of this treaty by both parties, as hereinafter mentioned, orders shall be sent to the armies, squadrons, officers, subjects and citizens of the two 184 NATIONAL DOCUMENTS Powers to cease from all hostilities. And to prevent all causes of complaint which might arise on account of the prizes which may be taken at sea after the said ratifications of this treaty, it is reciprocally agreed that all vessels and effects which may be taken after the space of twelve days from the said ratifications, upon all parts of the coast of North America, from the latitude of twenty-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 Green wich, shall be restored on each side: that the time shall be thirty days in all other parts of the Atlantic Ocean north of the equinoctial line or equator, and the same time for the British and Irish Channels, for the Gulf of Mexico, and all parts of the West Indies; forty days for the North Seas, for the Baltic, and for all parts of the Mediterranean ; sixty days for the Atlantic Ocean south of the equator, as far as the latitude of the Cape of Good Hope; ninety days for every other part of the world south of the equator ; and one hundred and twenty days for all other parts of the world, without exception. ARTICLE 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 ratifications of this treaty, as hereinafter mentioned, on their paying the debts which they may have contracted during their captivity. The two contracting parties respectively engage to discharge, in specie, the advances which may have been made by the other for the sustenance and maintenance of such prisoners. ARTICLE IV Whereas it was stipulated by the second article in the treaty of peace of one thousand seven hundred and eighty- 185 NATIONAL DOCUMENTS three, between His Britannic Majesty and the United States of America, that the boundary of the United States should comprehend all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the afore said 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 Nova Scotia ; and whereas the several islands in the Bay of Passa- maquoddy, which is part of the Bay of Fundy, and the Is land of Grand Menan, in the said Bay of Fundy, are claimed by the United States as being comprehended within their aforesaid boundaries, which said islands are claimed as be longing to His Britannic Majesty, as having been, at the time of and previous to the aforesaid 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 they shall be referred to two Commissioners to be appointed in the following manner, viz : One Commissioner shall be appointed 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 according 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 Province of New Brunswick, and shall have power to adjourn to such other place or places as they shall think fit. The said Commissioners shall, by a declaration or report under their hands and seals, decide to which of the two contracting parties the several islands aforesaid do respectively belong, in conformity with the true intent of the 186 NATIONAL DOCUMENTS said treaty of peace of one thousand seven hundred and eighty-three. And if the said Commissioners shall agree in their decision,, both parties shall consider such decision as final and conclusive. It is further agreed that, in the event of the two Commissioners differing upon all or any of the matters so referred to them, or in the event of both or either of the said Commissioners refusing, or declining, or wilfully omitting to act as such, 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 either of them, have so refused, declined, or omitted to act. And His Bri tannic Majesty and the Government of the United States hereby agree to refer the report or reports of the said Com missioners to some friendly sovereign or State, to be then named for that purpose, and who shall be requested to decide on the differences which may be stated in the said report or reports, or upon the report of one Commissioner, together with the grounds upon which the other Commissioner shall have refused, declined, or omitted to act, as the case may be. And if the Commissioner so refusing, declining, or omitting 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 sover eign or State shall decide ex parte upon the said report alone. And His Britannic Majesty and the Government of the United States engage to consider the decision of such friendly sovereign or State to be final and conclusive on all the matters so referred. 187 NATIONAL DOCUMENTS ARTICLE V Whereas neither that point of the highlands lying due north from the source of the river St. Croix, and designated in the former treaty of peace between the two Powers as the northwest angle of Nova Scotia, nor the northwestern- most head of Connecticut River, has yet been ascertained; and whereas that part of the boundary line between the dominions of the two Powers which extends from the source of the river St. Croix directly north to the abovemeritioned northwest angle of Nova Scotia, thence along the said high lands which divide those rivers that empty themselves into the river St. Lawrence from those which fall into the Atlan tic Ocean to the northwesternmost 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 latitude until it strikes the river Iroquois or Cataraquy, has not yet been surveyed : it is agreed that for these several pur poses two Commissioners shall be appointed, sworn, and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless other wise specified in the present article. The said Commissioners shall meet at St. Andrews, in the Province of New Brunswick, and shall have power to adj ourn to such other place or places as they shall think fit. The said Commissioners shall have power to ascertain and determine the points above mentioned, in conformity with the provisions of the said treaty of peace of one thousand seven hundred and eighty-three, and shall cause the boundary aforesaid, from the source of the river St. Croix to the river Iroquois or Cataraquy, to be surveyed and marked according to the said provisions. The said Com missioners shall make a map of the said boundary, and annex to it a declaration under their hands and seals, certifying it to be the true map of the said boundary, and particulariz- 188 NATIONAL DOCUMENTS ing the latitude and longitude of the northwest angle of Nova Scotia, of the northwesternmost head of Connecticut River, and of such other points of the said boundary as they may deem proper. And both parties agree to consider such map and declaration as finally and conclusively fixing the said boundary. And in the event of the said two Commis sioners differing,, or both or either of them refusing, declin ing, or wilfully omitting to act, such reports, 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 contained, and in as full a manner as if the same was herein repeated. ARTICLE VI Whereas by the former treaty of peace that portion of the boundary of the United States from the point where the forty-fifth degree of north latitude strikes the river Iroquois or Cataraquy 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 Erie, through the middle of said lake until it arrives at the water communi cation into Lake Huron, thence through the middle of said lake to the water communication between that lake and Lake Superior ; " and whereas doubts have arisen what was the middle of the said river, lakes, and water communi cations, and whether certain islands lying in the same were within the dominions of His Britannic 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 manner directed with respect to those mentioned in the 189 NATIONAL DOCUMENTS 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 adj ourn 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 communi cations, and decide to which of the two contracting parties the several islands lying within the said rivers, lakes, and water communications, do respectively belong, in conformity with the true intent of the said treaty of one thousand seven hundred and eighty-three. And both parties agree to con sider such designation and decision as final and conclusive. And in the event of the said two Commissioners differing, or both or either of them refusing, declining, or wilfully omit ting to act, such reports, 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 contained and in as full a manner as if the same was herein repeated. ARTICLE VII It is further agreed that the said two last-mentioned Com missioners, after they shall have executed the duties assigned to them in the preceding article, shall be, and they are hereby, authorized upon their oaths impartially to fix and determine, according to the true intent of the said treaty of peace of one thousand seven hundred and eighty-three, that part of the boundary between the dominions of the two Powers which extends from the water communication be tween Lake Huron and Lake Superior, to the most north western point of the Lake of the Woods, to decide to which of the two parties the several islands lying in the lakes, 190 NATIONAL DOCUMENTS water communications, and rivers, forming the said bound ary, 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 report or declaration under their hands and seals, designate the boundary aforesaid, state their decision on the points thus referred to them, and particularize the latitude and longitude of the most northwestern point of the Lake of the Woods, and of such other parts 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 Commissioners differing, 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 reference 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 manner as if the same was herein repeated. ARTICLE VIII The several boards of two Commissioners mentioned in the four preceding articles shall respectively have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge necessary. Duplicates of all their respective reports, declarations, statements, and deci sions, and of their accounts, and of the journal of their pro ceedings, shall be delivered by them to the agents of His Britannic Majesty and to the agents of the United St< who may be respectively appointed and authorized to manage the business on behalf of their respective Governments. The said Commissioners shall be respectively paid in such mannei 191 NATIONAL DOCUMENTS as shall be agreed between the two contracting parties, such agreement being to be settled at the time of the exchange of the ratifications of this treaty. And all other expenses attend ing the said commissions shall be defrayed equally by the two parties. And in the case of death, sickness, resignation, or necessary absence, the place of every such Commissioner, respectively, shall be supplied in the same manner as such Commissioner was first appointed, and the new Commis sioner 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 preceding 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 preceding articles contained, fall within the dominions of the other party, all grants of land made previous to the commencement of the war, by the party having 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 had such possession. ARTICLE IX The United States of America engage to put an end, immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom they may be at war at the time of such ratification ; and forthwith to restore to such tribes or nations, respectively, all the possessions, rights, and privileges which they may have enjoyed or been entitled to in one thousand eight hundred and eleven, previous to such hostilities: Provided always that such tribes or nations shall agree to desist from 192 NATIONAL DOCUMENTS all hostilities against the United States of America, their citizens and subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly. And His Britannic Majesty engages, on his part, to put an end immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom he may be at war at the time of such ratification, and forthwith to restore to such tribes or nations respectively all the possessions, rights, and privi leges which they may have enjoyed or been entitled to in one thousand eight hundred and eleven, previous to such hos tilities: Provided always that such tribes or nations shall agree to desist from all hostilities against His Britannic Majesty, and his subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly. ARTICLE x Whereas the traffic in slaves is irreconcilable with the principles of humanity and justice, and whereas both His Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed that both the contracting parties shall use their best endeavours to accomplish so desirable an object. ARTICLE XI This treaty, when the same shall have been ratified on both sides, without alteration by either of the contracting parties, and the ratifications mutually exchanged, shall be binding on both parties, and the ratifications shall be exchanged at Washington, in the space of four months from this day, or sooner if practicable. 193 NATIONAL DOCUMENTS In faith whereof we, the respective Plenipotentiaries, have signed this treaty, and have thereunto affixed our seals. Done, in triplicate, at Ghent, the twenty-fourth day of December, one thousand eight hundred and fourteen. GAMBIER [L. s.] HENRY GOULBURN [L. s.] WILLIAM ADAMS [L. s.] JOHN QUINCY ADAMS [L. s.] J. A. BAYARD [L. s.] H. CLAY [L. s.] JONA. RUSSELL [L. s.] ALBERT GALLATIN [L. s.] Treaty with Spain 1819 Treaty of Amity, Settlement, and Limits between the United States of America and His Catholic Majesty, Con cluded at Washington February 22, 1819; Ratification Ad vised by Senate February 24, 1819; Ratified by President; Ratified by the King of Spain October 24, 1820; Ratifica tion Again Advised by Senate February 19, 1821; Ratified by President February 22, 1821; Ratifications Exchanged at Washington February 22, 1821; Proclaimed February 22, 1821. The United States of America and His Catholic Majesty, desiring to consolidate, on a permanent basis, the friendship and good correspondence which happily prevails between the two parties, have determined to settle and terminate all their differences and pretensions, by a treaty, which shall designate, with precision, the limits of their respective bor dering territories in North America. With this intention the President of the United States has furnished with their full powers John Quincy Adams, Secre tary of State of the said United States; and His Catholic Majesty has appointed the Most Excellent Lord Don Luis De Onis, Gonzales, Lopez y Vara, Lord of the town of Rayaces, Perpetual Regidor of the Corporation of the city of Salamanca, Knight Grand Cross of the Royal American Order of Isabella the Catholic, decorated with the Lys of La Vendee, Knight Pensioner of the Royal and Distin guished Spanish Order of Charles the Third, Member of the Supreme Assembly of the said Royal Order; of the Council of His Majesty; His Secretary, with Exercise of 195 NATIONAL DOCUMENTS Decrees, and His Envoy Extraordinary and Minister Pleni potentiary near the United States of America; And the said Plenipotentiaries, after having exchanged their powers, have agreed upon and concluded the following articles : ARTICLE I There shall be a firm and inviolable peace and sincere friendship between the United States and their citizens and His Catholic Majesty, his successors and subjects, without exception of persons or places. ARTICLE II His Catholic Majesty cedes to the United States, in full property and sovereignty, all the territories which belong to him, situated to the eastward of the Mississippi, known by the name of East and West Florida. The adjacent islands dependent on said provinces, all public lots and squares, vacant lands, public edifices, fortifications, barracks, and other buildings, which are not private property, archives and documents, which relate directly to the property and sover eignty of said provinces, are included in this article. The said archives and documents shall be left in possession of the commissaries or officers of the United States, duly authorized to receive them. ARTICLE III The boundary line between the two countries, west of the Mississippi, shall begin on the Gulph of Mexico, at the mouth of the river Sabine, in the sea, continuing north, along the western bank of that river, to the 32d degree of latitude; thence, by a line due north, to the degree of latitude where 196 NATIONAL DOCUMENTS it strikes the Rio Roxo of Nachitoches, or Red River; then following the course of the Rio Roxo westward, to the degree of longitude 100 west from London and 23 from Washing ton; then, crossing the said Red River, and running thence by a line due north, to the river Arkansas ; thence, following the course of the southern bank of the Arkansas, to its source, in latitude 42 north ; and thence, by that parallel of latitude, to the South Sea. The whole being as laid down in Melish s map of the United States, published at Phila delphia, improved to the first of January, 1818. But if the source of the Arkansas River shall be found to fall north or south of latitude 42, then the line shall run from the said source due south or north, as the case may be, till it meets the said parallel of latitude 42, and thence, along the said parallel, to the South Sea: All the islands in the Sabine, and the said Red and Arkansas Rivers, throughout the course thus described, to belong to the United States ; but the use of the waters, and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary, on their respective banks, shall be com mon to the respective inhabitants of both nations. The two high contracting parties agree to cede and renounce all their rights, claims, and pretensions, to the terri tories described by the said line, that is to say : The United States hereby cede to His Catholic Majesty, and renounce forever, all their rights, claims, and pretensions, to the territories lying west and south of the above-described line ; and, in like manner, His Catholic Majesty cedes to the said United States all his rights, claims, and pretensions to any territories east and north of the said line, and for himself, his heirs, and successors, renounces all claim to the said territories forever. 197 NATIONAL DOCUMENTS ARTICLE IV To fix this line with more precision, and to place the land marks which shall designate exactly the limits of both nations, each of the contracting parties shall appoint a Commissioner and a surveyor, who shall meet before the termination of one year from the date of the ratification of this treaty at Nachitoches, on the Red River, and proceed to run and mark the said line, from the mouth of the Sabine to the Red River, and from the Red River to the river Arkan sas, and to ascertain the latitude of the source of the said river Arkansas, in conformity to what is above agreed upon and stipulated, and the line of latitude 42, to the South Sea: they shall make out plans, and keep journals of their proceedings, and the result agreed upon by them shall be considered as part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessary. ARTICLE V The inhabitants of the ceded territories shall be secured in the free exercise of their religion, without any restriction ; and all those who may desire to remove to the Spanish dominions shall be permitted to sell or export their effects, at any time whatever, without being subject, in either case, to duties. ARTICLE VI The inhabitants of the territories which His Catholic Majesty cedes to the United States, by this treaty, shall 198 NATIONAL DOCUMENTS be incorporated in the Union of the United States, as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities of the citizens of the United States. ARTICLE VII The officers and troops of His Catholic Majesty, in the territories hereby ceded by him to the United States, shall be withdrawn, and possession of the places occupied by them shall be given within six months after the exchange of the ratifications of this treaty, or sooner if possible, by the officers of His Catholic Majesty to the commissioners or officers of the United States duly appointed to receive them; and the United States shall furnish the transports and escorts necessary to convey the Spanish officers and troops and their baggage to the Havana. ARTICLE VIII All the grants of land made before the 24th of January, 1818, by His Catholic Majesty, or by his lawful authorities, in the said territories ceded by His Majesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the territories had remained under the dominion of His Catholic Majesty. But the owners in possession of such lands, who, by reason of the recent circum stances of the Spanish nation, and the revolutions in Europe, have been prevented from fulfilling all the conditions of their grants, shall complete them within the terms limited in the same, respectively, from the date of this treaty; in default of which the said grants shall be null and void. All 199 NATIONAL DOCUMENTS grants made since the said 24th of January, 1818, when the first proposal, on the part of His Catholic Majesty, for the cession of the Floridas was made, are hereby declared and agreed to be null and void. ARTICLE IX The two high contracting parties, animated with the most earnest desire of conciliation, and with the object of putting an end to all the differences which have existed between them, and of confirming the good understanding which they wish to be forever maintained between them, reciprocally renounce all claims for damages or injuries which they, themselves, as well as their respective citizens and subjects, may have suffered until the time of signing this treaty. The renunciation of the United States will extend to all the injuries mentioned in the convention of the llth of August, 1802. (2) To all claims on account of prizes made by French privateers, and condemned by French Consuls, within the territory and jurisdiction of Spain. (3) To all claims of indemnities on account of the sus pension of the right of deposit at New Orleans in 1802. (4) To all claims of citizens of the United States upon the Government of Spain, arising from the unlawful seiz ures at sea, and in the ports and territories of Spain, or the Spanish colonies. (5) To all claims of citizens of the United States upon the Spanish Government, statements of which, solicit ing the interposition of the Government of the United States, have been presented to the Department of State, or to the Minister of the United States in Spain, since the date of the convention of 1802, and until the signature of this treaty. 200 NATIONAL DOCUMENTS The renunciation of His Catholic Majesty extends (1) To all the injuries mentioned in the convention of the llth of August, 1802. (2) To the sums which His Catholic Majesty advanced for the return of Captain Pike from the Provincias Internas. (3) To all injuries caused by the expedition of Miranda, that was fitted out and equipped at New York. (4) To all claims of Spanish subjects upon the Govern ment of the United States arizing from unlawful seizures at sea, or within the ports and territorial jurisdiction of the United States. Finally to all the claims of subjects of His Catholic Maj esty upon the Government of the United States in which the interposition of his Catholic Majesty s Government has been solicited, before the date of this treaty and since the date of the convention of 1802, or which may have been made to the department of foreign affairs of His Majesty, or to His Minister in the United States. And the high contracting parties, respectively, renounce all claim to indemnities for any of the recent events or transactions of their respective commanders and officers in the Floridas. The United States will cause satisfaction to be made for the injuries, if any, which, by process of law, shall be estab lished to have been suffered by the Spanish officers, and individual Spanish inhabitants, by the late operations of the American Army in Florida. ARTICLE x The convention entered into between the two Governments, on the llth of August, 1802, the ratifications of which were exchanged the 21st December, 1818, is annulled. 201 NATIONAL DOCUMENTS ARTICLE XI The United States,, exonerating Spain from all demands in future, on account of the claims of their citizens to which the renunciations herein contained extend, and considering them entirely cancelled, undertake to make satisfaction for the same, to an amount not exceeding five millions of dollars. To ascertain the full amount and validity of those claims,, a commission, to consist of three Commissioners, citizens of the United States, shall be appointed by the President, by and with the advice and consent of the Senate, which com mission shall meet at the city of Washington, and, within the space of three years from the time of their first meeting, shall receive, examine, and decide upon the amount and validity of all the claims included within the descriptions above mentioned. The said Commissioners shall take an oath or affirmation, to be entered on the record of their pro ceedings, for the faithful and diligent discharge of their duties ; and, in case of the death, sickness, or necessary ab sence of any such Commissioner, his place may be supplied b}^ the appointment, as aforesaid, or by the President of the United States, during the recess of the Senate, of another Commissioner in his stead. The said Commissioners shall be authorized to hear and examine, on oath, every question relative to the said claims, and to receive all suitable authen tic testimony concerning the same. And the Spanish Government shall furnish all such documents and elucida tions as may be in their possession, for the adjustment of the said claims, according to the principles of justice, the laws of nations, and the stipulations of the treaty between the two parties of 27th October, 1795; the said documents to be specified, when demanded, at the instance of the said Commissioners. 202 NATIONAL DOCUMENTS The payment of such claims as may be admitted and adjusted by the said Commissioners,, or the major part of them, to an amount not exceeding five millions of dollars, shall be made by the United States, either immediately at their Treasury, or by the creation of stock, bearing an interest of six per cent, per annum, payable from the pro ceeds of sales of public lands within the territories hereby ceded to the United States, or in such other manner as the Congress of the United States may prescribe by law. The records of the proceedings of the said Commissioners, together with the vouchers and documents produced before them, relative to the claims to be adjusted and decided upon by them, shall, after the close of their transactions, be deposited in the Department of State of the United States ; and copies of them, or any part of them, shall be furnished to the Spanish Government, if required, at the demand of the Spanish Minister in the United States. ARTICLE XII The treaty of limits and navigation, of 1795, remains confirmed in all and each one of its articles excepting the 2, 3, 4, 21, and the second clause of the 22d article, which having been altered by this treaty, or having received their entire execution, are no longer valid. With respect to the 15th article of the same treaty of friendship, limits, and navigation of 1795, in which it is stipulated that the flag shall cover the property, the two high contracting parties agree that this shall be so under stood with respect to those Powers who recognize this prin ciple; but if either of the two contracting parties shall be at war with a third party, and the other neutral, the flag of the neutral shall cover the property of enemies whose Government acknowledge this principle, and not of others. 203 NATIONAL DOCUMENTS ARTICLE XIII Both contracting parties, wishing to favour their mutual commerce, by affording in their ports every necessary assist ance to their respective merchant-vessels, have agreed that the sailors who shall desert from their vessels in the ports of the other, shall be arrested and delivered up, at the instance of the Consul, who shall prove, nevertheless, that the deserters belonged to the vessels that claimed them, exhibiting the document that is customary in their nation: that is to say, the American Consul in a Spanish port shall exhibit the document known by the name of articles, and the Spanish Consul in American ports the roll of the vessel ; and if the name of the deserter or deserters who are claimed shall appear in the one or the other, they shall be arrested, held in custody, and delivered to the vessel to which they shall belong. ARTICLE XIV The United States hereby certify that they have not received any compensation from France for the injuries they suffered from her privateers, Consuls, and tribunals on the coasts and in the ports of Spain, for the satisfaction of which provision is made by this treaty; and they will present an authentic statement of the prizes made, and of their true value, that Spain may avail herself of the same in such manner as she may deem just and proper. ARTICLE XV The United States, to give to His Catholic Majesty a proof of their desire to cement the relations of amity sub sisting between the two nations, and to favour the commerce of the subjects of His Catholic Majesty, agree that Spanish 204 NATIONAL DOCUMENTS vessels, coming laden only with productions of Spanish growth or manufactures, directly from the ports of Spain, or of her colonies, shall be admitted, for the term of twelve years, to the ports of Pensacola and St. Augustine, in the Floridas, without paying other or higher duties on their cargoes, or of tonnage, than will be paid by the vessels of the United States. During the said term no other nation shall enjoy the same privileges within the ceded territories. The twelve years shall commence three months after the exchange of the ratifications of this treaty. ARTICLE XVI The present treaty shall be ratified in due form, by the contracting parties, and the ratifications shall be exchanged in six months from this time, or sooner if possible. In witness whereof we, the underwritten Plenipotentiaries of the United States of America and of His Catholic Maj esty, have signed, by virtue of our powers, the present treaty of amity, settlement, and limits, and have thereunto affixed our seals, respectively. Done at Washington this twenty-second day of February, one thousand eight hundred and nineteen. JOHN QUINCY ADAMS [L. s.] Luis DE ONIS [L. s.] 205 Missouri Compromise 1820-21 MISSOURI ENABLING ACT An Act to authorize the people of Missouri Territory to form a constitution and State government, and for the admission of such State into the Union on an equal foot ing with the original States, and to prohibit slavery in cer tain territories. Be it enacted, by the Senate and House of Representa tives of the United States of America in Congress as sembled, That the inhabitants of that portion of the Mis souri Territory included within the boundaries hereinafter designated, be, and they are hereby, authorized to form for themselves a constitution and State government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union, upon an equal footing with the original States, in all respects whatsoever. SEC. 2. And be it further enacted, That the said State shall consist of all the territory included within the follow ing boundaries, to wit : Beginning in the middle of the Mis sissippi river, on the parallel of thirty-six degrees of north latitude; thence west, along that parallel of latitude, to the St. Francois river ; thence up, and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirty-six degrees and thirty minutes; thence west, along the same, to a point where the said parallel is intersected by a meridian line passing through the middle of the mouth of the Kansas river, where 206 NATIONAL DOCUMENTS the same empties into the Missouri river, thence from the point aforesaid north, along the said meridian line, to the intersection of the parallel of latitude which passes through the rapids of the river Des Momes, making the said line to correspond with the Indian boundary line; thence east, from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said river Des Moines; thence down and along the main channel of the said river Des Moines, to the mouth of the same, where it empties into the Missis sippi river ; thence, due east, to the middle of the main chan nel of the Mississippi river; thence down, and following the course of the Mississippi river, in the middle of the main channel thereof, to the place of beginning : . . . . SEC. 3. And be it further enacted, That all free white male citizens of the United States, who shall have arrived at the age of twenty-one years, and have resided in said Territory three months previous to the day of election, and all other persons qualified to vote for representatives to the General Assembly of the said Territory, shall be quali fied to be elected, and they are hereby qualified and au thorized to vote, and choose representatives to form a convention, . . . SEC. 4. And be it further enacted, That the members of the convention thus duly elected, shall be, and they are hereby, authorized to meet at the seat of government of said Territory, on the second Monday of the month of June next; and the said convention, when so assembled, shall have power and authority to adjourn to any other place in the said Territory, which to them shall seem best for the convenient transaction of their business; and which 207 NATIONAL DOCUMENTS convention, when so met,, shall first determine,, by a ma jority of the whole number elected, whether it be, or be not, expedient at that time to form a constitution and State government, for the people within the said Territory, as included within the boundaries above designated; and, if it be deemed expedient, the convention shall be and hereby is, authorized to form a constitution and State government; or, if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said repre sentatives shall be chosen in such manner, and in such pro portion, as they shall designate; and shall meet at such time and place as shall be prescribed by the said ordinance ; and shall then form for the people of said Territory, within the boundaries aforesaid, a constitution and State government: Provided, That the same, whenever formed, shall be republican and not repugnant to the Constitution of the United States ; and that the Legislature of said State shall never interfere with the primary disposal of the soil by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers; and that no tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than resi dents. SEC. 7. And be it further enacted, That, in case a con stitution and State government shall be formed for the people of said Territory of Missouri, the said convention or representatives, as soon thereafter as may be, shall cause a true and attested copy of such constitution, or frame of State government, as shall be formed or provided, to be transmitted to Congress. 208 NATIONAL DOCUMENTS SEC. 8. And be it further enacted, That in all that ter ritory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the State, contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited: Provided al ways, That any person escaping into the same, from whom labor or service is lawfully claimed, in any State or Terri tory of the United States, such fugitive may be lawfully claimed and conveyed to the person claiming his or her labor or services as aforesaid. Approved, March 6, 1820. RESOLUTION OF MARCH 2 1821 Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That Missouri shall be admitted into this Union on an equal footing with the original States, in all respects what ever, upon the fundamental condition, that the fourth clause of the twenty-sixth section of the third article of the constitution submitted on the part of said State to Congress, shall never be construed to authorize the pas sage of any law, and that no law shall be passed in con formity thereto, by which any citizen, of either of the States in this Union, shall be excluded from the enjoy ment of any of the privileges and immunities to which such citizen is entitled under the Constitution of the United States: Provided, That the Legislature of said State, by a solemn public act, shall declare the assent of the said State, to the said fundamental condition, and shall transmit to the President of the United States on or before the 209 NATIONAL DOCUMENTS fourth Monday in November next, an authentic copy of the said act; upon the receipt whereof, the President, by proclamation, shall announce the fact; whereupon, and without any further proceeding on the part of Congress, the admission of the said State into the Union shall be considered as complete. Approved, March 3, 1821. 210 The Monroe Doctrine 1823 At the proposal of the Russian imperial government, made through the minister of the Emperor residing here, a full power and instructions have been transmitted to the Minister of the United States at St. Petersburg!!, to ar range, by amicable negotiation, the respective rights and interests of the two nations on the northwest coast of this continent. A similar proposal had been made by his Im perial Majesty to the government of Great Britain, which has likewise been acceded to. The government of the United States has been desirous, by this friendly proceed ing, of manifesting the great value which they have in variably attached to the friendship of the emperor, and their solicitude to cultivate the best understanding with his government. In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been judged proper for assert ing, as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition which they have as sumed and maintain, are henceforth not to be considered as subjects for future colonization by any European powers. It was stated at the commencement of the last session, that a great effort was then making in Spain and Portugal, to improve the condition of the people of those countries, and that it appeared to be conducted with extraordinary moderation. It need scarcely be remarked, that the result has been, so far, very different from what was then antici- 211 NATIONAL DOCUMENTS pated. Of events in that quarter of the globe, with which we have so much intercourse, and from which we derive our origin, we have always been anxious and interested spec tators. The citizens of the United States cherish senti ments the most friendly, in favor of the liberty and happi ness of their fellow men on that side of the Atlantic. In the wars of the European powers, in matters relating tc themselves, we have never taken any part, nor does it com port with our policy so to do. It is only when our rights are invaded, or seriously menaced, that we resent injuries, or make preparation for our defence. With the move ments in this hemisphere, we are, of necessity, more im mediately connected, and by causes which must be obvious to all enlightened and impartial observers. The political system of the allied powers is essentially different, in this respect, from that of America. This difference proceeds from that which exists in their respective governments. And to the defence of our own, which has been achieved by the loss of so much blood and treasure, and matured by the wisdom of their most enlightened citizens, and under which we have enjoyed unexampled felicity, this whole na tion is devoted. We owe it, therefore, to candor, and to the amicable relations existing between the United States and those powers, to declare, that we should consider any attempt on their part to extend their system to any portion of this hemisphere, as dangerous to our peace and safety. With the existing colonies or dependencies of any European power, we have not interfered, and shall not interfere. But with the governments who have declared their independence, and maintained it, and whose independence we have, on great consideration, and on just principles, acknowledged, we could not view any interposition for the purpose of oppressing them, or controlling, in any other manner, their destiny, by any European power, in any other light than 212 NATIONAL DOCUMENTS as the manifestation of an unfriendly disposition towards the United States. In the war between those new govern ments and Spain,, we declared our neutrality at the time of their recognition, and to this we have adhered, and shall continue to adhere, provided no change shall occur, which, in the judgment of the competent authorities of this gov ernment, shall make a corresponding change, on the part of the United States, indispensable to their security. The late events in Spain and Portugal, shew that Europe is still unsettled. Of this important fact, no stronger proof can be adduced than that the allied powers should have thought it proper, on any principle satisfactory to them selves, to have interposed, by force, in the internal concerns of Spain. To what extent such interposition may be car ried, on the same principle, is a question, to which all independent powers, whose governments differ from theirs, are interested; even those most remote, and surely none more so than the United States. Our policy, in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is, not to interfere in the internal concerns of any of its powers; to consider the government de facto as the legitimate government for us; to cultivate friendly relations with it, and to preserve those relations by a frank, firm, and manly policy; meet ing, in all instances, the just claims of every power; sub mitting to injuries from none. But, in regard to these continents, circumstances are eminently and conspicuously different. It is impossible that the allied powers should extend their political system to any portion of either con tinent, without endangering our peace and happiness: nor can any one believe that our Southern Brethren, if left to themselves, would adopt it of their own accord. It is equally impossible, therefore, that we should behold such 213 NATIONAL DOCUMENTS interposition, in any form, with indifference. If we look to the comparative strength and resources of Spain and those new governments, and their distance from each other, it must be obvious that she can never subdue them. It is still the true policy of the United States to leave the parties to themselves, in the hope that other powers will pursue the same course. 214 Treaty with Great Britain 1842 Treaty between the United States of America and Her Britannic Majesty Relative to Boundaries, Suppression of the Slave-Trade, and Extradition of Criminals, Concluded at Washington August 9, 1842; Ratification Advised by Senate August 20, 1842; Ratified by President August 22, 1842; Ratifications Exchanged at London October 13, 1842; Proclaimed November 10, 1842. Whereas certain portions of the line of boundary be tween the United States of America and the British domin ions in North America, described in the second article of the treaty of peace of 1783, have not yet been ascertained and determined, notwithstanding the repeated attempts which have been heretofore made for that purpose; and whereas it is now thought to be for the interest of both parties, that, avoiding further discussion of their respective rights, arising in this respect under the said treaty, they should agree on a conventional line in said portions of the said boundary, such as may be convenient to both parties, with such equivalents and compensations as are deemed just and reasonable; and whereas, by the treaty concluded at Ghent on the 24th day of December, 1814, between the United States and His Britannic Majesty, an article was agreed to and inserted of the following tenor, viz.: "Art. 10. Whereas the traffic in slaves is irreconcilable with the principles of humanity and justice; and whereas both His Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed that both the contracting parties shall use their best endeavors to accomplish so desirable an object;" and 215 NATIONAL DOCUMENTS whereas, notwithstanding the laws which have at various times been passed by the two Governments, and the efforts made to suppress it, that criminal traffic is still prosecuted and carried on; and whereas the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland are determined that, so far as may be in their power, it shall be effectually abolished; and whereas it is found expedient, for the better adminis tration of justice and the prevention of crime within the territories and jurisdiction of the two parties respectively, that persons committing the crimes hereinafter enumerated, and being fugitives from justice, should, under certain cir cumstances, be reciprocally delivered up: The United States of America and Her Britannic Majesty, having re solved to treat on these several subjects, have for that pur pose appointed their respective Plenipotentiaries to nego tiate and conclude a treaty, that is to say: The President of the United States has, on his part, furnished with full powers Daniel Webster, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland has, on her part, appointed the Right Honorable Alexander Lord Ashburton, a peer of the said United Kingdom, a member of Her Majesty s Most Honorable Privy Council, and Her Majesty s Minister Plenipotentiary on a special mission to the United States; Who, after a reciprocal communication of their respec tive full powers, have agreed to and signed the following articles : ARTICLE I It is hereby agreed and declared that the line of bound ary shall be as follows: Beginning at the monument at the source of the river St. Croix as designated and agreed 216 NATIONAL DOCUMENTS to by the Commissioners under the fifth article of the treaty of 1794, between the Governments of the United States and Great Britain; thence, north, following the exploring line run and marked by the surveyors of the two Govern ments in the years 1817 and 1818, under the fifth article of the treaty of Ghent, to its intersection with the river St. John, and to the middle of the channel thereof; thence, up the middle of the main channel of the said river St. John, to the mouth of the river St. Francis; thence, up the middle of the channel of the said river St. Francis, and of the lakes through which it flows, to the outlet of the Lake Pohenagamook ; thence, southwesterly, in a straight line, to a point on the northwest branch of the river St. John, which point shall be ten miles distant from the main branch of the St. John, in a straight line, and in the nearest di rection; but if the said point shall be found to be less than seven miles from the nearest point of the summit or crest of the highlands that divide those rivers which empty themselves into the river Saint Lawrence from those which fall into the river Saint John, then the said point shall be made to recede down the said northwest branch of the river St. John, to a point seven miles in a straight line from the said summit or crest; thence, in a straight line, in a course about south, eight degrees west, to the point where the parallel of latitude of 46 25 north intersects the south west branch of the St. John s; thence, southerly, by the said branch, to the source thereof in the highlands at the Metjarmette portage; thence, down along the said high lands which divide the waters which empty themselves into the river Saint Lawrence from those which fall into the Atlantic Ocean, to the head of Hall s Stream ; thence, down the middle of said stream, till the line thus run intersects the old line of boundary surveyed and marked by Valen tine and Collins, previously to the year 1774, as the 45th 217 NATIONAL DOCUMENTS degree of north latitude, and which has been known and understood to be the line of actual division between the States of New York and Vermont on one side,, and the Brit ish province of Canada on the other; and from said point of intersection, west, along the said dividing line, as here tofore known and understood, to the Iroquois or St. Law rence River. ARTICLE II It is moreover agreed, that from the place where the joint Commissioners terminated their labors under the sixth article of the treaty of Ghent, to wit, at a point in the Neebish Channel, near Muddy Lake, the line shall run into and along the ship-channel between Saint Joseph and St. Tammany Islands, to the division of the channel at or near the head of St. Joseph s Island; thence, turning east- wardly and northwardly around the lower end of St. George s or Sugar Island, and following the middle of the channel which divides St. George s from St. Joseph s Isl and; thence up the east Neebish Channel, nearest to St. George s Island, through the middle of Lake George; thence, west of Jonas Island, into St. Mary s River, to a point in the middle of that river, about one mile above St. George s or Sugar Island, so as to appropriate and assign the said island to the United States; thence, adopting the line traced on the maps by the Commissioners, thro the river St. Mary and Lake Superior, to a point north of He Royale, in said lake, one hundred yards to the north and east of He Chapeau, which last-mentioned island lies near the northeastern point of He Royale, where the line marked by the Commissioners terminates; and from the last-mentioned point, southwesterly, through the middle of the sound between He Royale and the northwestern main land, to the mouth of Pigeon River, and up the said river, 218 NATIONAL DOCUMENTS to and through the north and south Fowl Lakes, to the lakes of the height of land between Lake Superior and the Lake of the Woods ; thence, along the water communication to Lake Saisaginaga, and through that lake; thence, to and through Cypress Lake, Lac du Bois Blanc, Lac la Croix, Little Ver milion Lake, and Lake Namecan and through the several smaller lakes, straits, or streams, connecting the lakes here mentioned, to that point in Lac la Pluie, or Rainy Lake, at the Chaudiere Falls, from which the Commissioners traced the line to the most northwestern point of the Lake of the Woods ; thence, along the said line, to the said most northwestern point, being in latitude 49 23 55" north, and in longitude 95 14 38" west from the observatory at Greenwich ; thence, according to existing treaties, due south to its intersection with the 49th parallel of north latitude, and along that parallel to the Rocky Mountains. It being understood that all the water communications and all the usual portages along the line from Lake Superior to the Lake of the Woods, and also Grand Portage, from the shore of Lake Superior to the Pigeon River, as now actually used, shall be free and open to the use of the citizens and subjects of both countries. ARTICLE III In order to promote the interests and encourage the in dustry of all the inhabitants of the countries watered by the river St. John and its tributaries, whether living within the State of Maine or the province of New Brunswick, it is agreed that, where, by the provisions of the present treaty, the river St. John is declared to be the line of boundary, the navigation of the said river shall be free and open to both parties, and shall in no way be obstructed by either; that all the produce of the forest, in logs, lum- 219 NATIONAL DOCUMENTS her, timber, boards, staves, or shingles, or of agriculture, not being manufactured, grown on any of those parts of the State of Maine watered by the river St. John, or by its tributaries, of which fact reasonable evidence shall, if required, be produced, shall have free access into and through the said river and its said tributaries, having their source within the State of Maine, to and from the sea-port at the mouth of the said river St. John s, and to and round the falls of the said river, either by boats, rafts, or other conveyance; that when within the province of New Bruns wick, the said produce shall be dealt with as if it were the produce of the said province; that, in like manner, the in habitants of the territory of the upper St. John, determined by this treaty to belong to Her Britannic Majesty, shall have free access to and through the river, for their produce, in those parts where the said river runs wholly through the State of Maine; Provided, always, that this agreement shall give no right to either party to interfere with any regulations not inconsistent with the terms of this treaty which the governments, respectively, of Maine or of New Brunswick may make respecting the navigation of the said river, where both banks thereof shall belong to the same party. ARTICLE IV All grants of land heretofore made by either party, within the limits of the territory which by this treaty falls within the dominions of the other party, shall be held valid, ratified, and confirmed to the persons in possession under such grants, to the same extent as if such territory had by this treaty fallen within the dominions of the party by whom such grants were made; and all equitable possessory claims, arising from a possession and improvement of any lot or parcel of land by the person actually in possession, 220 NATIONAL DOCUMENTS or by those under whom such person claims, for more than six years before the date of this treaty, shall, in like man ner, be deemed valid, and be confirmed and quieted by a release to the person entitled thereto, of the title to such lot or parcel of land, so described as best to include the im provements made thereon; and in all other respects the two contracting parties agree to deal upon the most liberal principles of equity with the settlers actually dwelling upon the territory falling to them, respectively, which has here tofore been in dispute between them. ARTICLE v Whereas in the course of the controversy respecting the disputed territory on the northeastern boundary, some moneys have been received by the authorities of Her Bri tannic Majesty s province of New Brunswick, with the intention of preventing depredations on the forests of the said territory, which moneys were to be carried to a fund called the " disputed territory fund," the proceeds whereof it was agreed should be hereafter paid over to the parties interested, in the proportions to be determined by a final settlement of boundaries, it is hereby agreed that a correct account of all receipts and payments on the said fund shall be delivered to the Government of the United States within six months after the ratification of this treaty; and the pro portion of the amount due thereon to the States of Maine and Massachusetts, and any bonds or securities appertain ing thereto shall be paid and delivered over to the Govern ment of the United States; and the Government of the United States agrees to receive for the use of, and pay over to, the States of Maine and Massachusetts, their re spective portions of said fund, and further, to pay and satisfy said States, respectively, for all claims for expenses NATIONAL DOCUMENTS incurred by them in protecting the said heretofore disputed territory and making a survey thereof in 1838; the Gov ernment of the United States agreeing with the States of Maine and Massachusetts to pay them the further sum of three hundred thousand dollars, in equal moieties, on ac count of their assent to the line of boundary described in this treaty, and in consideration of the conditions and equivalents received therefor from the Government of Her Britannic Majesty. ARTICLE VI It is furthermore understood and agreed that, for the purpose of running and tracing those parts of the line be tween the source of the St. Croix and the St. Lawrence River which will require to be run and ascertained, and for marking the residue of said line by proper monuments on the land, two Commissioners shall be appointed, one by the President of the United States, by and with the advice and consent of the Senate thereof, and one by Her Britannic Majesty; and the said Commissioners shall meet at Bangor, in the State of Maine, on the first day of May next, or as soon thereafter as may be, and shall proceed to mark the line above described, from the source of St. Croix to the river St. John ; and shall trace on proper maps the dividing- line along said river and along the river St. Francis to the outlet of the Lake Pohenagamook; and from the outlet of the said lake they shall ascertain, fix, and mark, by proper and durable monuments on the land, the line described in the first article of this treaty; and the said Commis sioners shall make to each of their respective Governments a joint report or declaration, under their hands and seals, designating such line of boundary, and shall accompany such report or declaration with maps, certified by them to be true maps of the new boundary. 222 NATIONAL DOCUMENTS ARTICLE VII It is further agreed that the channels in the river St. Lawrence on both sides of the Long Sault Islands and of Barnhart Island, the channels in the river Detroit on both sides of the island Bois Blanc, and between that island and both the American and Canadian shores, and all the several channels and passages between the various islands lying near the junction of the river St. Clair with the lake of that name, shall be equally free and open to the ships, vessels, and boats of both parties. ARTICLE VIII The parties mutually stipulate that each shall prepare, equip, and maintain in service on the coast of Africa a sufficient and adequate squadron or naval force of vessels of suitable numbers and descriptions, to carry in all not less than eighty guns, to enforce, separately and respec tively, the laws, rights and obligations of each of the two countries for the suppression of the slave-trade, the said squadrons to be independent of each other, but the two Governments stipulating, nevertheless, to give such orders to the officers commanding their respective forces as shall enable them most effectually to act in concert and co-op eration, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this article, copies of all such orders to be communicated by each Govern ment to the other, respectively. ARTICLE IX Whereas, notwithstanding all efforts which may be made on the coast of Africa for suppressing the slave-trade, the 223 NATIONAL DOCUMENTS facilities for carrying on that traffic and avoiding the vigi lance of cruisers, by the fraudulent use of flags and other means, are so great, and the temptations for pursuing it, while a market can be found for slaves, so strong, as that the desired result may be long delayed unless all markets be shut against the purchase of African negroes, the parties to this treaty agree that they will unite in all becoming representations and remonstrances with any and all Powers within whose dominions such markets are allowed to exist, and that they will urge upon all such Powers the propriety and duty of closing such markets effectually, at once and forever. ARTICLE x It is agreed that the United States and Her Britannic Majesty shall, upon mutual requisitions by them, or their Ministers, officers, or authorities, respectively made, de liver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utter ance of forged paper, committed within the jurisdiction of either, shall seek an asylum or shall be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commit ment for trial if the crime or offence had there been com mitted; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a war rant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on 224 NATIONAL DOCUMENTS such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive au thority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. ARTICLE xi The eighth article of this treaty shall be in force for five years from the date of the exchange of the ratification, and afterwards until one or the other party shall signify a wish to terminate it. The tenth article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer. ARTICLE XII The present treaty shall be duly ratified, and the mutual exchange of ratification shall take place in London, within six months from the date hereof, or earlier if possible. In faith whereof we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. Done in duplicate at Washington, the ninth day of Au gust, anno Domini one thousand eight hundred and forty- two. DANL. WEBSTER [L. s.] ASHBURTON [L. S.] 225 Treaty with Great Britain 1846 Treaty between the United States of America and Her Britannic Majesty for Settlement of Boundary West of the Rocky Mountains, Concluded at Washington, June 15, 1846; Ratification Advised by Senate June 18, 1846; Rati fied by President June 19, 1846; Ratifications Exchanged at London July 17, 1846; Proclaimed August 5, 1846. The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ire land, deeming it to be desirable for the future welfare of both countries that the state of doubt and uncertainty which has hitherto prevailed respecting the sovereignty and government of the territory on the northwest coast of America, lying westward of the Rocky or Stony Moun tains, should be finally terminated by an amicable compro mise of the rights mutually asserted by the two parties over the said territory, have respectively named Plenipotentiaries to treat and agree concerning the terms of such settlement, that is to say: The President of the United States of America has, on his part, furnished with full powers James Buchanan, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland has, on her part, appointed the Right Honorable Richard Pakenham, a member of Her Majesty s Most Hon orable Privy Council, and Her Majesty s Envoy Extraor dinary and Minister Plenipotentiary to the United States; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: 226 NATIONAL DOCUMENTS ARTICLE I From the point on the forty-ninth parallel of north lati tude, where the boundary laid down in existing treaties and conventions between the United States and Great Britain terminates, the line of boundary between the territories of the United States and those of Her Britannic Majesty shall be continued westward along the said forty-ninth parallel of north latitude to the middle of the channel which separates the continent from Vancouver s Island, and thence southerly through the middle of the said channel, and of Fuca s Straits, to the Pacific Ocean : Provided, how ever, that the navigation of the whole of the said channel and straits, south of the forty-ninth parallel of north lati tude, remain free and open to both parties. ARTICLE II From the point at which the forty-ninth parallel of north latitude shall be found to intersect the great northern branch of the Columbia River, the navigation of the said branch shall be free and open to the Hudson s Bay Com pany, and to all British subjects trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers, it being understood that all the usual portages along the line thus described shall, in like manner, be free and open. In navigating the said river or rivers, British sub jects, with their goods and produce, shall be treated on the same footing as citizens of the United States; it being, however, always understood that nothing in this article shall be construed as preventing, or intended to prevent, the Government of the United States from making any 227 NATIONAL DOCUMENTS regulations respecting the navigation of the said river or rivers not inconsistent with the present treaty. ARTICLE III In the future appropriation of the territory south of the forty-ninth parallel of north latitude, as provided in the first article of this treaty, the possessory rights of the Hud son s Bay Company, and of all British subjects who may be already in the occupation of land or other property law fully acquired within the said territory, shall be respected. ARTICLE IV The farms, lands, and other property of every descrip tion belonging to the Puget s Sound Agricultural Company, on the north side of the Columbia River, shall be confirmed to the said company. In case, however, the situation of those farms and lands should be considered by the United States to be of public and political importance, and the United States Government should signify a desire to obtain possession of the whole, or of any part thereof, the prop erty so required shall be transferred to the said Govern ment, at a proper valuation, to be agreed upon between the parties. ARTICLE V The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifications shall be exchanged at London, at the ex piration of six months from the date hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have 228 NATIONAL DOCUMENTS signed the same, and have affixed thereto the seals of their arms. Done at Washington the fifteenth day of June, in the year of our Lord one thousand eight hundred and forty- six. RICHARD PAKENHAM [L. s.] JAMES BUCHANAN [L. s.] 229 Treaty with Mexico 1848 Treaty of Peace, Friendship, Limits, and Settlement be tween the United States of America and the United Mex ican States, Concluded at Guadalupe Hidalgo, February 2, 1848; Ratification Advised by Senate, with Amendments, March 10, 1848; Ratified by President, March 16, 1848; Ratifications Exchanged at Queretaro, May 30 y 1848; Pro claimed, July 4, 1848. In the name of Almighty God: The United States of America and the United Mexican States, animated by a sincere desire to put an end to the calamities of the war which unhappily exists between the two Republics, and to establish upon a solid basis relations of peace and friendship, which shall confer reciprocal bene fits upon the citizens of both, and assure the concord, har mony, and mutual confidence wherein the two people should live, as good neighbours, have for that purpose appointed their respective plenipotentiaries, that is to say : The President of the United States has appointed Nicho las P. Trist, a citizen of the United States, and the Presi dent of the Mexican Republic has appointed Don Luis Gonzaga Cuevas, Don Bernardo Couto, and Don Miguel Atristain, citizens of the said Republic; Who, after a reciprocal communication of their respec tive full powers, have, under the protection of Almighty God, the author of peace, arranged, agreed upon, and signed the following: 230 NATIONAL DOCUMENTS Treaty of Peace, Friendship, Limits, and Settlement. between the United States of America and the Mexican Republic. ARTICLE I There shall be firm and universal peace between the United States of America and the Mexican Republic, and between their respective countries, territories, cities, towns, and people, without exception of places or persons. ARTICLE II Immediately upon the signature of this treaty, a conven tion shall be entered into between a commissioner or com missioners appointed by the General-in-chief of the forces of the United States, and such as may be appointed by the Mexican Government, to the end that a provisional suspen sion of hostilities shall take place, and that, in the places occupied by the said forces, constitutional order may be re-established, as regards the political, administrative, and judicial branches, so far as this shall be permitted by the circumstances of military occupation. ARTICLE III Immediately upon the ratification of the present treaty by the Government of the United States, orders shall be transmitted to the commanders of their land and naval forces, requiring the latter (provided this treaty shall then have been ratified by the Government of the Mexican Republic, and the ratifications exchanged) immediately to 231 NATIONAL DOCUMENTS desist from blockading any Mexican ports; and requiring the former (under the same condition) to commence, at the earliest moment practicable, withdrawing all troops of the United States then in the interior of the Mexican Repub lic, to points that shall be selected by common agreement, at a distance from the seaports not exceeding thirty leagues ; and such evacuation of the interior of the Republic shall be completed with the least possible delay; the Mexican Government hereby binding itself to afford every facility in its power for rendering the same convenient to the troops, on their march and in their new positions, and for promoting a good understanding between them and the inhabitants. In like manner orders shall be despatched to the persons in charge of the custom-houses at all ports occupied by the forces of the United States, requiring them (under the same condition) immediately to deliver possession of the same to the persons authorized by the Mexican Government to receive it, together with all bonds and evidences of debt for duties on importations and on exportations, not yet fallen due. Moreover, a faithful and exact account shall be made out, showing the entire amount of all duties on imports and on exports, collected at such custom-houses, or elsewhere in Mexico, by authority of the United States, from and after the day of ratification of this treaty by the Government of the Mexican Republic; and also an account of the cost of collection; and such entire amount, deducting only the cost of collection, shall be delivered to the Mexican Govern ment, at the city of Mexico, within three months after the exchange of ratifications. The evacuation of the capital of the Mexican Republic by the troops of the United States, in virtue of the above stipulation, shall be completed in one month after the orders there stipulated for shall have been received by the com mander of said troops, or sooner if possible. 232 NATIONAL DOCUMENTS ARTICLE IV Immediately after the exchange of ratifications of the present treaty all castles, forts, territories, places, and pos sessions, which have been taken or occupied by the forces of the United States during the present war, within the limits of the Mexican Republic, as about to be established by the following article, shall be definitively restored to the said Republic, together with all the artillery, arms, apparatus of war, munitions, and other public property, which were in the said castles and forts when captured, and which shall remain there at the time when this treaty shall be duly ratified by the Government of the Mexican Republic. To this end, immediately upon the signature of this treaty, orders shall be despatched to the American officers com manding such castles and forts, securing against the remov al or destruction of any such artillery, arms, apparatus of war, munitions, or other public property. The city of Mexico, within the inner line of intrenchments surrounding the said city, is comprehended in the above stipulation, as regards the restoration of artillery, apparatus of war, &c. The final evacuation of the territory of the Mexican Republic, by the forces of the United States, shall be com pleted in three months from the said exchange of ratifica tions, or sooner if possible ; the Mexican Government hereby engaging, as in the foregoing article, to use all means in its power for facilitating such evacuation, and rendering it convenient to the troops, and for promoting a good under standing between them and the inhabitants. If, however, the ratification of this treaty by both parties should not take place in time to allow the embarcation of the troops of the United States to be completed before the commencement of the sickly season, at the Mexican ports on the Gulf of Mexico, in such case a friendly arrange- 233 NATIONAL DOCUMENTS ment shall be entered into between the General-in-chief of the said troops and the Mexican Government, whereby healthy and otherwise suitable places, at a distance from the ports not exceeding thirty leagues, shall be designated for the residence of such troops as may not yet have embarked, until the return of the healthy season. And the space of time here referred to as comprehending the sickly season shall be understood to extend from the first day of May to the first day of November. All prisoners of war taken on either side, on land or on sea, shall be restored as soon as practicable after the exchange of ratifications of this treaty. It is also agreed that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following article, the Government of the said United States will exact the release of such cap tives, and cause them to be restored to their country. ARTICLE v The boundary line between the two Republics shall com mence in the Gulf of Mexico, three leagues from land, oppo site the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico ; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the towri called Paso) to its western termination; thence, northward, along the western line of New Mexico, until it intersects the first branch of the river Gila ; (or if it should not inter sect any branch of that river, then to the point on the said 234 NATIONAL DOCUMENTS line nearest to such branch, and thence in a direct line to the same) ; thence down the middle of the said branch and of the said river, until it empties into the Rio Colorado- thence across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean. The southern and western limits of New Mexico, men tioned in this article, are those laid down in the map entitled "Map of the United Mexican States, as organized and defined by various acts of the Congress of said republic, and constructed according to the best authorities. . Revised edition. Published at New York, in 1847, by J. Disturnell;" of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned Plenipotentiaries. And, in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California, t is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific Ocean, distant one marine league due south of the southern most point of the port of San Diego, according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing-master of the Spanish fleet, and published at Madrid in the year 1802, in the atlas to the voyage of the schooners Sutil and Mexicana; of which plan a copy is hereunto added, signed and sealed by the respective Pleni potentiaries. In order to designate the boundary line with due preci sion, upon authoritative maps, and to establish upon the ground land-marks which shall show the limits of both republics, as described in the present article, the two Governments shall each appoint a commissioner and a sur veyor, who, before the expiration of one year from the date of the exchange of ratifications of this treaty, shall meet at the port of San Diego, and proceed to run and mark the 235 NATIONAL DOCUMENTS said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their operations; and the result agreed upon by them shall be deemed a part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree regarding what may be necessary to these persons,, and also as to their respective escorts, should such be necessary. The boundary line established by this article shall be religiously respected by each of the two republics, and no change shall ever be made therein, except by the express and free consent of both nations, lawfully given by the General Government of each, in conformity with its own constitution. ARTICLE VI The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage by the Gulf of California, and by the river Colorado below its conflu ence with the Gila, to and from their possessions situated north of the boundary line defined in the preceding article; it being understood that this passage is to be by navigating the Gulf of California and the river Colorado, and not by land, without the express consent of the Mexican Govern ment. If, by the examinations which may be made, it should be ascertained to be practicable and advantageous to construct a road, canal, or railway, which should in whole or in part run upon the river Gila, or upon its right or its left bank, within the space of one marine league from either margin of the river, the Governments of both republics will form an agree ment regarding its construction, in order that it may serve equally for the use and advantage of both countries. 236 NATIONAL DOCUMENTS ARTICLE VII The river Gila, and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries; and neither shall without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise this right; not even for the purpose of favoring new methods of navigation. Nor shall any tax or contribution under any denomination or title, be levied upon vessels or persons navigating the same, or upon merchandise or effects transported thereon, except in the case of landing upon one of their shores. If, for the purpose of making the said rivers navigable, or for maintaining them in such state, it should be necessary or advantageous to establish any tax or contribution, this shall not be done without the consent of both Governments. The stipulations contained in the present article shall not impair the territorial rights of either republic within its established limits. ARTICLE VIII Mexicans now established in territories previously belong ing to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contri bution, tax, or charge whatever. 237 NATIONAL DOCUMENTS Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said terri tories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States. In the said territories, property of every kind, now belonging to Mexicans not established there, shall be invio lably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enj oy with respect to it guarantees equally ample as if the same belonged to citizens of the United States. ARTICLE IX The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction. ARTICLE X [Stricken out.] 238 NATIONAL DOCUMENTS ARTICLE XI Considering that a great part of the territories, which by the present treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive con- troul of the Government of the United States, and whose incursions within the territory of Mexico would be preju dicial in the extreme, it is solemnly agreed that all such incursions shall be forcibly restrained by the Government the United States whensoever this may be necessary; and that when they cannot be prevented, they shall be pun ished by the said Government, and satisfaction for the same shall be exacted all in the same way, and with equal dili gence and energy, as if the same incursions were meditated or committed within its own territory, against its own citizens. It shall not be lawful, under any pretext whatever, for any inhabitant of the United States to purchase or acquire any Mexican, or any foreigner residing in Mexico, who may have been captured by Indians inhabiting the territory of either of the two republics; nor to purchase or acquire horses, mules, cattle, or property of any kind, stolen within Mexican territory by such Indians. And in the event of any person or persons, captured within Mexican territory by Indians, being carried into the territory of the United States, the Government of the latter engages and binds itself, in the most solemn manner, so soon as it shall know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them to their country, or deliver them to the agent or representative of the Mexican Government. The Mexican authorities will, as far as practicable, give to the Government of the United 239 NATIONAL DOCUMENTS States notice of such captures ; and its agents shall pay the expenses incurred in the maintenance and transmission of the rescued captives ; who, in the mean time, shall be treated with the utmost hospitality by the American authorities at the place where they may be. But if the Government of the United States, before receiving such notice from Mexico, should obtain intelligence, through any other channel, of the existence of Mexican captives within its territory, it will proceed forthwith to effect their release and delivery to the Mexican agent, as above stipulated. For the purpose of giving to these stipulations the fullest possible efficacy, thereby affording the security and redress demanded by their true spirit and intent, the Government of the United States will now and hereafter pass, without unnecessary delay, and always vigilantly enforce, such laws as the nature of the subject may require. And, finally, the sacredness of this obligation shall never be lost sight of by the said Government, when providing for the removal of the Indians from any portion of the said territories, or for its being settled by citizens of the United States; but, on the contrary, special care shall then be taken not to place its Indian occupants under the necessity of seeking new homes, by committing those invasions which the United States have solemnly obliged themselves to restrain. ARTICLE XII In consideration of the extension acquired by the boun daries of the United States, as defined in the fifth article of the present treaty, the Government of the United States engages to pay to that of the Mexican Republic the sum of fifteen millions of dollars. Immediately after this treaty shall have been duly rati fied by the Government of the Mexican Republic, the sum of 240 NATIONAL DOCUMENTS three millions of dollars shall be paid to the said Govern ment by that of the United States, at the city of Mexico in the gold or silver coin of Mexico. The remaining twelve millions of dollars shall be paid at the same place, and in the same coin, in annual instalments of three millions of dollars each, together with interest on the same at the rate of six per centum per annum. This interest shall begin to run upon the whole sum of twelve millions from the day of the ratification of the present treaty by the Mexican Govern ment, and the first of the instalments shall be paid at the expiration of one year from the same day. Together with each annual instalment, as it falls due, the whole interest accruing on such instalment from the beginning shall also be paid. ARTICLE XIII The United States engage, moreover, to assume and pay to the claimants all the amounts now due them, and those hereafter to become due, by reason of the claims already liquidated and decided against the Mexican Republic, under the conventions between the two republics severally con cluded on the eleventh day of April, eighteen hundred and thirty-nine, and on the thirtieth day of January, eighteen hundred and forty-three; so that the Mexican Republic shall be absolutely exempt, for the future, from all expense whatever on account of the said claims. ARTICLE XIV The United States do furthermore discharge the Mexican Republic from all claims of citizens of the United States, not heretofore decided against the Mexican Government, which may have arisen previously to the date of the signa ture of this treaty; which discharge shall be final and per- NATIONAL DOCUMENTS petual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following article, and whatever shall be the total amount of those allowed. ARTICLE XV The United States, exonerating Mexico from all demands on account of the claims of their citizens mentioned in the preceding article, and considering them entirely and forever cancelled, whatever their amount may be, undertake to make satisfaction for the same, to an amount not exceeding three and one-quarter millions of dollars. To ascertain the validity and amount of those claims, a board of commis sioners shall be established by the Government of the United States, whose awards shall be final and conclusive; pro vided that, in deciding upon the validity of each claim, the board shall be guided and governed by the principles and rules of decision prescribed by the first and fifth articles of the unratified convention, concluded at the city of Mex ico on the twentieth day of November, one thousand eight hundred and forty-three; and in no case shall an award be made in favour of any claim not embraced by these principles and rules. If, in the opinion of the said board of commissioners or of the claimants, any books, records, or documents, in the possession or power of the Government of the Mexican Republic, shall be deemed necessary to the just decision of any claim, the commissioners, or the claimants through them, shall, within such period as Congress may designate, make an application in writing for the same, addressed to the Mexican Minister of Foreign Affairs, to be trans mitted by the Secretary of State of the United States; and the Mexican Government engages, at the earliest possi ble moment after the receipt of such demand, to cause any 242 NATIONAL DOCUMENTS of the books, records, or documents so specified, which shall be in their possession or power (or authenticated copies or extracts of the same), to be transmitted to the said Secretary of State, who shall immediately deliver them over to the said board of commissioners; provided that no such application shall be made by or at the instance of any claim ant, until the facts which it is expected to prove by such books, records, or documents, shall have been stated under oath or affirmation. ARTICLE XVI Each of the contracting parties reserves to itself the entire right to fortify whatever point within its territory it may judge proper so to fortify for its security. ARTICLE XVII The treaty of amity, commerce, and navigation, concluded at the city of Mexico on the fifth day of April, A. D. 1831, between the United States of America and the United Mexican States, except the additional article, and except so far as the stipulations of the said treaty may be incom patible with any stipulation contained in the present treaty, is hereby revived for the period of eight years from the day of the exchange of ratifications of this treaty, with the same force and virtue as if incorporated therein; it being understood that each of the contracting parties reserves to itself the right, at any time after the said period of eight years shall have expired, to terminate the same by giving one year s notice of such intention to the other party. ARTICLE XVIII All supplies whatever for troops of the United States in Mexico, arriving at ports in the occupation of such 243 NATIONAL DOCUMENTS troops previous to the final evacuation thereof, although subsequently to the restoration of the custom-houses at such ports, shall be entirely exempt from duties and charges of any kind; the Government of the United States hereby engaging and pledging its faith to establish and vigilantly to enforce, all possible guards for securing the revenue of Mexico, by preventing the importation, under cover of this stipulation, of any articles other than such, both in kind and in quantity, as shall really be wanted for the use and consumption of the forces of the United States during the time they may remain in Mexico. To this end it shall be the duty of all officers and agents of the United States to denounce to the Mexican authorities at the respective ports any attempts at a fraudulent abuse of this stipulation, which they may know of, or may have reason to suspect, and to give to such authorities all the aid in their power with regard thereto; and every such attempt, when duly proved and established by sentence of a competent tribunal, shall be punished by the confiscation of the property so attempted to be fraudulently introduced. ARTICLE XIX With respect to all merchandise, effects, and property whatsoever, imported into ports of Mexico, whilst in the occupation of the forces of the United States, whether by citizens of either republic, or by citizens or subjects of any neutral nation, the following rules shall be observed: (1) All such merchandise, effects, and property, if im ported previously to the restoration of the custom-houses to the Mexican authorities, as stipulated for in the third article of this treaty, shall be exempt from confiscation, although the importation of the same be prohibited by the Mexican tariff. 244 NATIONAL DOCUMENTS (2) The same perfect exemption shall be enjoyed by all such merchandise, effects, and property, imported subsequently to the restoration of the custom-houses, and previously to the sixty days fixed in the following article for the coming into force of the Mexican tariff at such ports respectively; the said merchandise, effects, and prop erty being, however, at the time of their importation, sub ject to the payment of duties, as provided for in the said following article. (3) All merchandise, effects, and property described in the two rules foregoing shall, during their continuance at the place of importation^, and upon their leaving such place for the interior, be exempt from all duty, tax, or imposts of every kind, under whatsoever title or denomination. Nor shall they be there subjected to any charge whatsoever upon the sale thereof. (4) All merchandise, effects, and property, described in the first and second rules, which shall have been removed to any place in the interior whilst such place was in the occupation of the forces of the United States, shall, during their continuance therein, be exempt from all tax upon the sale or consumption thereof, and from every kind of impost or contribution, under whatsoever title or denomination. (5) But if any merchandise, effects, or property, described in the first and second rules, shall be removed to any place not occupied at the time by the forces of the United States, they shall, upon their introduction into such place, or upon their sale or consumption there, be subject to the same duties which, under the Mexican laws, they would be required to pay in such cases if they had been imported in time of peace, through the maritime custom houses, and had there paid the duties conformably with the Mexican tariff. (6) The owners of all merchandise, effects, or property, 245 NATIONAL DOCUMENTS described in the first and second rules, and existing in any port of Mexico, shall have the right to reship the same, exempt from all tax, impost, or contribution whatever. With respect to the metals, or other property, exported from any Mexican port whilst in the occupation of the forces of the United States, and previously to the resto ration of the custom-house at such port, no person shall be required by the Mexican authorities, whether general or state, to pay any tax, duty, or contribution upon any such exportation, or in any manner to account for the same to the said authorities. ARTICLE XX Through consideration for the interests of commerce generally, it is agreed, that if less than sixty days should elapse between the date of the signature of this treaty and the restoration of the custom-houses, conformably with the stipulation in the third article, in such case all merchan dise, effects, and property whatsoever, arriving at the Mexican ports after the restoration of the said custom houses, and previously to the expiration of sixty days after the day of signature of this treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such custom-houses at the time of the restoration of the same. And to all such merchandise, effects, and property, the rules established by the preceding article shall apply. ARTICLE XXI If unhappily any disagreement should hereafter arise between the Governments of the two republics, whether with respect to the interpretation of any stipulation in this treaty, or with respect to any other particular concerning the polit- 246 NATIONAL DOCUMENTS ical or commercial relations of the two nations, the said Governments, in the name of those nations, do promise to each other that they will endeavour, in the most sincere and earnest manner, to settle the differences so arising, and to preserve the state of peace and friendship in which the two countries are now placing themselves, using, for this end, mutual representations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hostility of any kind, by the one republic against the other, until the Government of that which deems itself aggrieved shall have maturely considered, in the spirit of peace and good neighbourship, whether it would not be better that such difference should be settled by the arbitration of commissioners appointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circumstances of the case. ARTICLE XXII If (which is not to be expected, and which God forbid) war should unhappily break out between the two republics, they do now, with a view to such calamity, solemnly pledge themselves to each other and to the world to observe the following rules; absolutely where the nature of the sub ject permits, and as closely as possible in all cases where such absolute observance shall be impossible: (1) The merchants of either republic then residing in the other shall be allowed to remain twelve months (for those dwelling in the interior), and six months (for those dwelling at the seaports) to collect their debts and settle 247 NATIONAL DOCUMENTS their affairs; during which periods they shall enjoy the same protection, and be on the same footing, in all respects, as the citizens or subjects of the most friendly nations; and, at the expiration thereof, or at any time before, they shall have full liberty to depart, carrying off all their effects without molestation or hindrance, conforming therein to the same laws which the citizens or subjects of the most friendly nations are required to conform to. Upon the entrance of the armies of either nation into the territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all persons whose occupa tions are for the common subsistence and benefit of man kind, shall be allowed to continue their respective employ ments, unmolested in their persons. Nor shall their houses or goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted, by the armed force into whose power, by the events of war, they may happen to fall; but if the necessity arise to take anything from them for the use of such armed force, the same shall be paid for at an equitable price. All churches, hospitals, schools, colleges, libraries, and other establishments for charitable and benefi cent purposes, shall be respected, and all persons connected with the same protected in the discharge of their duties, and the pursuit of their vocations. (2) In order that the fate of prisoners of war may be alleviated, all such practices as those of sending them into distant, inclement, or unwholesome districts, or crowding them into close and noxious places, shall be studiously avoided. They shall not be confined in dungeons, prison- ships, or prisons ; nor be put in irons, or bound, or otherwise restrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient districts, and have 248 NATIONAL DOCUMENTS comfortable quarters ; and the common soldier shall be dis posed in cantonments, open and entensive enough for air and exercise, and lodged in barracks as roomy and good as are provided by the party in whose power they are for its own troops. But if any officer shall break his parole by leaving the district so assigned him, or any other prisoner shall escape from the limits of his cantonment, after they shall have been designated to him, such indi vidual, officer, or other prisoner, shall forfeit so much of the benefit of this article as provides for his liberty on parole or in cantonment. And if any officer so breaking his parole, or any common soldier so escaping from the limits assigned him, shall afterwards be found in arms, previously to his being regularly exchanged, the person so offending shall be dealt with according to the established laws of war. The officers shall be daily furnished, by the party in whose power they are, with as many rations, and of the same arti cles, as are allowed, either in kind or by commutation, to officers of equal rank in its own army; and all others shall be daily furnished with such ration as is allowed to a common soldier in its own service; the value of all which supplies shall, at the close of the war, or at periods to be agreed upon between the respective commanders, be paid by the other party, on a mutual adjustment of accounts for the subsistence of prisoners; and such accounts shall not be mingled with or set off against any others, nor the balance due on them be withheld, as a compensation or reprisal for any cause whatever, real or pretended. Each party shall be allowed to keep a commissary of prisoners, appointed by itself, with every cantonment of prisoners, in possession of the other; which commissary shall see the prisoners as often as he pleases; shall be allowed to receive, exempt from all duties or taxes, and to distribute, whatever comforts may be sent to them by their friends; and shall be free to NATIONAL DOCUMENTS transmit his reports in open letters to the party by whom he is employed. And it is declared that neither the pretence that war dis solves all treaties, nor any other whatever, shall be con sidered as annulling or suspending the solemn covenant contained in this article. On the contrary, the state of war is precisely that for which it is provided ; and, during which, its stipulations are to be as sacredly observed as the most acknowledged obligations under the law of nature or nations. ARTICLE XXIII This treaty shall be ratified by the President of the United States of America, by and with the advice and con sent of the Senate thereof; and by the President of the Mexican Republic, with the previous approbation of its general Congress; and the ratifications shall be exchanged in the city of Washington, or at the seat of Government of Mexico, in four months from the date of the signature hereof, or sooner if practicable. In faith whereof we, the respective Plenipotentiaries, have signed this treaty of peace, friendship, limits, and settlement, and have hereunto affixed our seals respectively. Done in quintuplicate, at the city of Guadalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hundred and forty-eight. N. P. TRIST [L. s.] Luis P. CUEVAS [L. s.] BERNARDO COUTO [L. s.] MIGL. ATRISTAIN [L. s.] 250 Treaty with Great Britain 1850 Convention between the United States of America and ler Britannic Majesty Relative to a Ship-canal by way of Nicaragua Costa Rica, the Mosquito Coast, or any part Central America, Concluded at Washington, April 19 1850; Ratification Advised by the Senate, May 22, 1850^ Ratified by the President, May 23, 1850; Ratifications Ex changed at Washington, July 4, 1850; Proclaimed July 5, 1 850. The United States of America and Her Britannic Ma jesty, being desirous of consolidating the relations of amity which so happily subsist between them by setting forth and fixing in a convention their views and intentions with eference to any means of communication by ship-canal which may be constructed between the Atlantic and Pacific Oceans by the way of the river San Juan de Nicaragua, and either or both of the lakes of Nicaragua or Managua, to any port or place on the Pacific Ocean, the President of the United States has conferred full powers on John M. Clayton, Secretary of State of the United States, and Her Britannic Majesty on the Right Honorable Sir Henry tytton Bulwer, a member of Her Majesty s Most Honor able Privy Council, Knight Commander of the Most Hon orable Order of the Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty to the United States, for the aforesaid purpose; and the said Plenipotentiaries, having exchanged their full powers, which were found to be in proper form, have agreed to the following articles: 251 NATIONAL DOCUMENTS ARTICLE I The Governments of the United States and Great Britain hereby declare that neither the one nor the other will ever obtain or maintain for itself any exclusive con trol over the said ship-canal ; agreeing that neither will ever erect or maintain any fortifications commanding the same, or in the vicinity thereof, or occupy, or fortify, or colonize, or assume or exercise any dominion over Nicaragua, Costa Rica, the Mosquito coast, or any part of Central America; nor will either make use of any protection which either affords or may afford, or any alliance which either has or may have to or with any State or people for the purpose of erecting or maintaining any such fortifications, or of occupying, fortifying, or colonizing Nicaragua, Costa Rica, the Mosquito coast, or any part of Central America, or of assuming or exercising dominion over the same; nor will the United States or Great Britain take advantage of any intimacy, or use any alliance, connection, or influence that either may possess, with any State or Government through whose territory the said canal may pass, for the purpose of acquiring or holding, directly or indirectly, for the citizens or subjects of the one any rights or advantages in regard to commerce or navigation through the said canal which shall not be offered on the same terms to the citizens or subjects of the other. ARTICLE II Vessels of the United States or Great Britain traversing the said canal shall, in case of war between the contracting parties, be exempted from blockade, detention, or capture by either of the belligerents ; and this provision shall extend to such a distance from the two ends of the said canal as may hereafter be found expedient to establish. 252 NATIONAL DOCUMENTS ARTICLE III In order to secure the construction of the said canal, the contracting parties engage that, if any such canal shall be undertaken upon fair and equitable terms by any parties having the authority of the local government or govern ments through whose territory the same may pass, then the persons employed in making the said canal, and their property used or to be used for that object, shall be pro tected, from the commencement of the said canal to its completion, by the Governments of the United States and Great Britain, from unjust detention, confiscation, seizure, or any violence whatsoever. ARTICLE IV The contracting parties will use whatever influence they respectively exercise with any State, States, or Govern ments possessing, or claiming to possess, any jurisdiction or right over the territory which the said canal shall traverse, or which shall be near the waters applicable thereto, in order to induce such States or Governments to facilitate the construction of the said canal by every means in their power; and furthermore, the United States and Great Britain agree to use their good offices, wherever or however it may be most expedient, in order to procure the establishment of two free ports, one at each end of the said canal. ARTICLE V The contracting parties further engage that when the said canal shall have been completed they will protect it from interruption, seizure, or unjust confiscation, and that they will guarantee the neutrality thereof, so that the said 253 NATIONAL DOCUMENTS canal may forever be open and free, and the capital in vested therein secure. Nevertheless, the Governments of the United States and Great Britain, in according their protection to the construction of the said canal, and guar anteeing its neutrality and security when completed, always understand that this protection and guarantee are granted conditionally, and may be withdrawn by both Governments, or either Government, if both Governments or either Gov ernment should deem that the persons or company under taking or managing the same adopt or establish such regulations concerning the traffic thereupon as are contrary to the spirit and intention of this convention, either by making unfair discriminations in favor of the commerce of one of the contracting parties over the commerce of the other, or by imposing oppressive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandise, or other articles. Neither party, however, shall withdraw the aforesaid protection and guarantee without first giving six months notice to the other. ARTICLE VI The contracting parties in this convention engage to in vite every State with which both or either have friendly intercourse to enter into stipulations with them similar to those which they have entered into with each other, to the end that all other States may share in the honor and ad vantage of having contributed to a work of such general interest and importance as the canal herein contemplated. And the contracting parties likewise agree that each shall enter into treaty stipulations with such of the Central American States as they may deem advisable for the pur pose of more effectually carrying out the great design of this convention, namely, that of constructing and mamtain- 254 NATIONAL DOCUMENTS ing the said canal as a ship communication between the two oceans, for the benefit of mankind, on equal terms to all, and of protecting the same; and they also agree that the good offices of either shall be employed, when requested by the other, in aiding and assisting the negotiation of such treaty stipulations; and should any differences arise as to right or property over the territory through which the said canal shall pass, between the States or Governments of Central America, and such differences should in any way impede or obstruct the execution of the said canal, the Governments of the United States and Great Britain will use their good offices to settle such differences in the man ner best suited to promote the interests of the said canal, and to strengthen the bonds of friendship and alliance which exist between the contracting parties. ARTICLE VII It being desirable that no time should be unnecessarily lost in commencing and constructing the said canal, the Governments of the United States and Great Britain de termine to give their support and encouragement to such persons or company as may first offer to commence the same, with the necessary capital, the consent of the local authorities, and on such principles as accord with the spirit and intention of this convention; and if any persons or company should already have, with any State through which the proposed ship-canal may pass, a contract for the construction of such a canal as that specified in this con vention, to the stipulations of which contract neither of the contracting parties in this convention have any just cause to object, and the said persons or company shall, more over, have made preparations and expended time, money, and trouble on the faith of such contract, it is hereby 255 NATIONAL DOCUMENTS agreed that such persons or company shall have a priority of claim over every other person, persons, or company to the protection of the Governments of the United States and Great Britain, and be allowed a year from the date of the exchange of the ratifications of this convention for con cluding their arrangements and presenting evidence of sufficient capital subscribed to accomplish the contemplated undertaking; it being understood that if, at the expiration of the aforesaid period, such persons or company be not able to commence and carry out the proposed enterprize, then the Governments of the United States and Great Britain shall be free to afford their protection to any other persons or company that shall be prepared to commence and proceed with the construction of the canal in question. ARTICLE VIII The Governments of the United States and Great Britain having not only desired, in entering into this convention, to accomplish a particular object, but also to establish a general principle, they hereby agree to extend their pro tection, by treaty stipulations, to any other practicable com munications, whether by canal or railway, across the isthmus which connects North and South America, and especially to the interoceanic communications, should the same prove to be practicable, whether by oanal or railway, which are now proposed to be established by the way of Tehuantepec or Panama. In granting, however, their joint protection to any such canals or railways as are by this article specified, it is always understood by the United States and Great Britain that the parties constructing or owning the same shall impose no other charges or condi tions of traffic thereupon than the aforesaid Governments shall approve of as just and equitable; and that the same 256 NATIONAL DOCUMENTS canals or railways, being open to the citizens and subjects of the United States and Great Britain on equal terms, shall also be open on like terms to the citizens and sub jects of every other State which is willing to grant thereto such protection as the United States and Great Britain engage to afford. ARTICLE IX The ratifications of this convention shall be exchanged at Washington within six months from this day, or sooner if possible. In faith whereof we, the respective Plenipotentiaries, have signed this convention, and have hereunto affixed our seals. Done at Washington the nineteenth day of April, anno Domini one thousand eight hundred and fifty. JOHN M. CLAYTON [L. s.] HENRY LYTTON BULWER [L. s.] 257 Compromise of 1850 CLAY S RESOLUTION It being desirable, for the peace, concord, and harmony of the Union of these States, to settle and adjust amicably all existing questions of controversy between them arising out of the institution of slavery upon a fair, equitable and just basis: therefore, (1) Resolved, That California, with suitable boundaries, ought, upon her application to be admitted as one of the States of this Union, without the imposition by Congress of any restriction in respect to the exclusion or introduc tion of slavery within those boundaries. (2) Resolved, That as slavery does not exist by law, and is not likely to be introduced into any of the territory acquired by the United States from the republic of Mexico, it is inexpedient for Congress to provide by law either for its introduction into, or exclusion from, any part of the said territory; and that appropriate territorial governments ought to be established by Congress in all of the said terri tory, not assigned as the boundaries of the proposed State of California, without the adoption of any restriction or condition on the subject of slavery. (3) Resolved, That the western boundary of the State of Texas ought to be fixed on the Rio del Norte, com mencing one marine league from its mouth, and running up that river to the southern line of New Mexico; thence with that line eastwardly, and so continuing in the same direction to the line as established between the United States and Spain, excluding any portion of New Mexico, whether lying on the east or west of that river. (4) Resolved, That it be proposed to the State of Texas, 258 NATIONAL DOCUMENTS that the United States will provide for the payment of all that portion of the legitimate and bona fide public debt of that State contracted prior to its annexation to the United States, and for which the duties on foreign imports were pledged by the said State to its creditors, not exceeding the sum of - - dollars, in consideration of the said duties so pledged having been no longer applicable to that object after the said annexation, but having thenceforward become payable to the United States; and upon the condi tion, also, that the said State of Texas shall, by some solemn and authentic act of her legislature or of a convention, relinquish to the United States any claim which it has to any part of New Mexico. (5) Resolved, That it is inexpedient to abolish slavery in the District of Columbia whilst that institution continues to exist in the State of Maryland, without the consent of that State, without the consent of the people of the Dis trict, and without just compensation to the owners of slaves within the District. (6) But, resolved, That it is expedient to prohibit, within the District, the slave trade in slaves brought into it from States or places beyond the limits of the District, either to be sold therein as merchandise, or to be transported to other markets without the District of Columbia. (7) Resolved, That more effectual provision ought to be made by law, according to the requirement of the constitu tion, for the restitution and delivery of persons bound to service or labor in any State, who may escape into any other State or Territory in the Union. And, (8) Resolved, That Congress has no power to prohibit or obstruct the trade in slaves between the slaveholding States ; but that the admission or exclusion of slaves brought from one into another of them, depends exclusively upon their own particular laws. 259 NATIONAL DOCUMENTS RECAPITULATION OF THE REPORT OF THE COMMITTEE OF THIRTEEN . . . The views and recommendations contained in this report may be recapitulated in a few words : ( 1 ) The admission of any new State or States formed out of Texas to be postponed until they shall hereafter present themselves to be received into the Union, when it will be the duty of Congress fairly and faithfully to execute the com pact with Texas by admitting such new State or States ; (2) The admission forthwith of California into the Union, with the boundaries which she has proposed ; (3) The establishment of territorial governments, with out the Wilmot proviso, for New Mexico and Utah, embrac ing all the territory recently acquired by the United States from Mexico not contained in the boundaries of California ; (4) The combination of these two last-mentioned meas ures in the same bill ; (5) The establishment of the western and northern boun dary of Texas, and the exclusion from her jurisdiction of all New Mexico, with the grant to Texas of a pecuniary equivalent; and the section for that purpose to be incorpo rated in the bill admitting California and establishing territorial governments for Utah and New Mexico; (6) More effectual enactments of law to secure the prompt delivery of persons bound to service or labor in one State, under the laws thereof, who escape into another State ; and, (7) Abstaining from abolishing slavery; but, under a heavy penalty, prohibiting the slave trade in the District of Columbia. 260 NATIONAL DOCUMENTS UTAH ACT ^ Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assem bled, That all that part of the territory of the United States included within the following limits, to wit: bounded on the west by the State of California, on the north by the Territory of Oregon, and on the east by the summit of the Rocky Mountains, and on the south by the thirty-seventh parallel of north latitude, be, and the same is hereby, cre ated into a temporary government, by the name of the Terri tory of Utah; and, when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States. . . . Approved, Sept. 9, 1850. TEXAS AND NEW MEXICO ACT Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following propositions shall be, and the same hereby are, offered to the State of Texas, which, when agreed to by the said State, in an act passed by the general assembly, shall be binding and obligatory, upon the United States, and upon the said State of Texas: Provided, The said agreement by the said general assembly shall be given on or before the first day of December, eighteen hundred and fifty: 261 NATIONAL DOCUMENTS FIRST. The State of Texas will agree that her boundary on the north shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees thirty min utes north latitude, and shall run from said point due west to the meridian of one hundred and three degrees west from Greenwich; thence her boundary shall run due south to the thirty-second degree of north latitude; thence on the said parallel of thirty-two degrees of north latitude to the Rio Bravo del Norte, thence with the channel of said river to the Gulf of Mexico. SECOND. The State of Texas cedes to the United States all her claim to territory exterior to the limits and boun daries which she agrees to establish by the first article of this agreement. THIRD. The State of Texas relinquishes all claim upon the United States for liability of the debts of Texas, and for compensation or indemnity for the surrender to the United States of her ships, forts, arsenals, custom-houses, custom-house revenue, arms and munitions of war, and public buildings with their sites, which became the property of the United States at the time of the annexation. FOURTH. The United States, in consideration of said establishment of boundaries, cession of claim to territory, relinquishment of claims, will pay to the State of Texas the sum of ten millions of dollars in a stock bearing five per cent, interest, and redeemable at the end of fourteen years, the interest payable half-yearly at the treasury of the United States. SEC. % And it be further enacted, That all that portion of the Territory of the United States bounded as follows: Beginning at a point in the Colorado River where the 262 NATIONAL DOCUMENTS boundary line with the republic of Mexico crosses the same ; thence eastwardly with the said boundary line to the Rio Grande; thence following the main channel of said river to the parallel of the thirty-second degree of north latitude ; thence east with said degree to its intersection with the one hundred and third degree of longitude west of Greenwich; thence north with said degree of longitude to the parallel of thirty-eighth degree of north latitude; thence west with said parallel to the summit of the Sierra Madre; thence south with the crest of said mountains to the thirty-seventh parallel of north latitude; thence west with said parallel to its intersection with the boundary line of the State of California ; thence west with said boundary line to the place of beginning be, and the same is hereby, erected into a tem porary government, by the name of the Territory of New Mexico: Provided, That nothing in this act contained shall be construed to inhibit the government. of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State: And provided fur ther That, when admitted as a State, the said Territory, or any portion of the same shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission. . . . Approved, September 9, 1850. CALIFORNIA ACT Whereas the people of California have presented a con stitution and asked admission into the Union, which consti tution was submitted to Congress by the President of the United States by message dated February thirteenth, eigh teen hundred and fifty, and which, on due examination, is found to be republican in its form of government. 263 NATIONAL DOCUMENTS Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of California shall be one, and is hereby declared to be one, of the United States of America; and admitted into the Union on an equal footing with the orig inal States in all respects whatever. . . . Approved, September 9, 1850. FUGITIVE SLAVE ACT Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the persons who have been, or may hereafter be, appointed commissioners, in virtue of any act of Congress, by the Circuit Courts of the United States, and who, in con sequence of such appointment, are authorized to exercise the powers that any justice of the peace, or other magis trate of any of the United States, may exercise in respect to offenders for any crime or offense against the United States, by arresting, imprisoning, or bailing the same under and by virtue of the thirty-third section of the act of the twenty-fourth of September seventeen hundred and eighty- nine, entitled " An Act to establish the judicial courts of the United States " shall be, and are hereby, authorized and required to exercise and discharge all the powers and duties conferred by this act. SEC. 2. And be it further enacted, That the Superior Court of each organized Territory of the United States shall have the same power to appoint commissioners to take acknowledgments of bail and affidavits, and to take depo sitions of witnesses in civil causes, which is now possessed by the Circuit Court of the United States; and all com missioners who shall hereafter be appointed for such pur poses by the Superior Court of any organized Territory of 264, NATIONAL DOCUMENTS the United States, shall possess all the powers, and exercise all the duties, conferred by law upon the commissioners appointed by the Circuit Courts of the United States for similar purposes, and shall moreover exercise and discharge all the powers and duties conferred by this act. SEC. 3. And be it further enacted, That the Circuit Courts of the United States shall from time to time enlarge the number of the commissioners, with a view to afford rea sonable facilities to reclaim fugitives from labor, and to the prompt discharge of the duties imposed by this act. SEC. 4. And be it further enacted, That the commissioners above named shall have concurrent jurisdiction with the judges of the Circuit and District Courts of the United States, in their respective circuits and districts within the several States, and the judges of the Superior Courts of the Territories, severally and collectively, in term-time and vacation; shall grant certificates to such claimants, upon satisfactory proof being made, with authority to take and remove such fugitives from service or labor, under the restrictions herein contained, to the State or Territory from which such persons may have escaped or fled. SEC. 5. And be it further enacted, That it shall be the, duty of all marshals and deputy marshals to obey and exe cute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant, or other pro cess, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of such claimant, on the motion of such claimant, by the Circuit or District Court for the district of such marshal; and after arrest of such fugitive, by such marshal or his deputy, or whilst at any time in his custody under the pro visions of this act, should such fugitive escape, whether with 265 N AT IONAL DOCUMENTS or without the assent of such marshal or his deputy, such marshal shall be liable, on his official bond, to be prosecuted for the benefit of such claimant, for the full value of the Service or labor of said fugitive in the State, Territory, or District whence he escaped: and the better to enable the said commissioners, when thus appointed, to execute their duties faithfully and efficiently, in conformity with the requirements of the Constitution of the United States and of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties; with authority to such commissioners, or the persons to be appointed by them, to execute process as aforesaid, to summon and call to their aid the bystanders, or posse comitatus of the proper county, when necessary to ensure a faithful observance of the clause of the Consti tution referred to, in conformity with the provisions of this act; and all good citizens are hereby commanded to aid and assist in the prompt and efficient execution of this law, whenever their services may be required, as aforesaid, for that purpose; and said warrants shall run, and be executed by said officers, any where in the State within which they are issued. SEC. 6. And be it further enacted, That when a person held to service or labor in any State or Territory of the United States, has heretofore or shall hereafter escape into another State or Territory of the United States, the person or persons to whom such service or labor may be due, or his, her, or their agent or attorney, duly authorized, by power of attorney, in writing, acknowledged and certified under the seal of some legal officer or court of the State or Territory in which the same may be executed, may pur- 266 NATIONAL DOCUMENTS sue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commis sioners aforesaid, of the proper circuit, district, or county, for the apprehension of such fugitive from service or labor, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or causing such person to be taken, forthwith before such court, judge, or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner; and upon satisfactory proof being made, by deposition or affidavit, in writing, to be taken and certified by such court, judge, or commissioner, or by other satisfactory testimony, duly taken and certified by some court, magistrate, justice of the peace, or other legal officer authorized to administer an oath and take depositions under the laws of the State or Territory from which such person owing service or labor may have escaped, with a certificate of such magistracy or other authority, as aforesaid, with the seal of the proper court or officer thereto attached, which seal shall be sufficient to establish the competency of the proof, and with proof, also by affidavit, of the identity of the person whose ser vice or labor is claimed to be due as aforesaid, that the person so arrested does in fact owe service or labor to the person or persons claiming him or her, in the State or Terri tory from which such fugitive may have escaped as afore said, and that said person escaped, to make out and deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and of his or her escape from the State or Territory in which he or she was arrested, with authority to such claimant, or his or her agent or attorney, to use such reasonable force and restraint as may be necessary, under the circumstances of the case, to take and remove such fugitive person back to the State 267 NATIONAL DOCUMENTS or Territory whence he or she may have escaped as afore said. In no trial or hearing under this act shall the testi mony of such alleged fugitive be admitted in evidence; and the certificates in this and the first [fourth] section men tioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the State or Territory from which he escaped, and shall prevent all molestation of such person or persons by any process issued by any court, judge, magistrate, or other person whomsoever. SEC. 7. And be it further enacted, That any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or per sons lawfully assisting him, her, or them, from arresting such a fugitive from service or labor, either with or without process as aforesaid, or shall rescue, or attempt to rescue, such fugitive from service or labor, from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully assisting as aforesaid, when so arrested, pursuant to the authority herein given and declared; or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to escape from such claimant, his agent or attorney, or other person or persons legally authorized as aforesaid; or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor as afore said, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the District Court of the United States for the district in which such offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States; 268 NATIONAL DOCUMENTS and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars for each fugitive so lost as aforesaid, to be recovered by action of debt, in any of the District or Territorial Courts aforesaid, within whose jurisdiction the said offence may have been committed. SEC. 8. And be it further enacted, That the marshals, their deputies, and the clerks of the said District and Terri torial Courts, shall be paid, for their services, the like fees as may be allowed for similar services in other cases; and where such services are rendered exclusively in the arrest, custody, and delivery of the fugitive to the claimant, his or her agent or attorney, or where such supposed fugitive may be discharged out of custody for the want of sufficient proof as aforesaid, then such fees are to be paid in whole by such claimant, his or her agent or attorney; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, upon the delivery of the said certifi cate to the claimant, his agent or attorney; or a fee of five dollars in cases where the proof shall not, in the opinion of such commissioner, warrant such certificate and delivery, inclusive of all services incident to such arrest and examin ation, to be paid, in either case, by the claimant, his or her agent or attorney. The person or persons authorized to execute the process to be issued by such commissioner for the arrest and detention of fugitives from service or labor as aforesaid, shall also be entitled to a fee of five dollars each for each person he or they may arrest and take before any commissioner as aforesaid, at the instance and request of such claimant, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them; such as attending at the examination, keeping the fugitive 269 NATIONAL DOCUMENTS in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioners; and, in general, for performing such other duties as may be required by such claimant, his or her attorney or agent, or commissioner in the premises, such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid by such claimants, their agents or attorneys, whether such supposed fugitives from service or labor be ordered to be delivered to such claimant by the final deter mination of such commissioner or not. SEC. 9. And be it further enacted, That, upon affidavit made by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugitive will be rescued by force from his or their possession before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the arrest to retain such fugi tive in his custody, and to remove him to the State whence he fled, and there to deliver him to said claimant, his agent, or attorney. And to this end, the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain them in his service so long as circumstances may require. The said officer and his assistants, while so employed, to receive the same compensation, and to be allowed the same expenses, as are now allowed by law for transportation of criminals, to be certified by the judge of the district within which the arrest is made, and paid out of the treas ury of the United States. SEC. 10. And be it further enacted, That when any per son held to service or labor in any State or Territory, or in the District of Columbia, shall escape therefrom, the party 270 NATIONAL DOCUMENTS to whom such service or labor shall be due, his, her, or their agent or attorney, may apply to any court of record therein, or judge thereof in vacation, and make satisfactory proof to such court, or judge in vacation, of the escape aforesaid, and that the person escaping owed service or labor to such party. Whereupon the court shall cause a record to be made of the matters so proved, and also a general description of the person so escaping, with such con venient certainty as may be ; and a transcript of such record, authenticated by the attestation of the clerk and of the seal of the said court, being produced in any other State, Territory, or district in which the person so escaping may be found, and being exhibited to any judge, commissioner, or other officer authorized by the law of the United States to cause persons escaping from service or labor to be deliv ered up, shall be held and taken to be full and conclusive evidence of the fact of escape, and that the service or labor of the person escaping is due to the party in such record mentioned. And upon the production by the said party of other and further evidence if necessary, either oral or by affidavit, in addition to what is contained in the said rec ord of the identity of the person escaping, he or she shall be delivered up to the claimant. And the said court, com missioner, judge, or other person authorized by this act to grant certificates to claimants of fugitives, shall, upon the production of the record and other evidences aforesaid, grant to such claimant a certificate of his right to take any such person identified and proved to be owing service or labor as aforesaid, which certificate shall authorize such claimant to seize or arrest and transport such person to the State or Territory from which he escaped: Provided, That nothing herein contained shall be construed as requiring the production of a transcript of such record as evidence as aforesaid. But in its absence the claim shall be heard and 27-1 NATIONAL DOCUMENTS determined upon other satisfactory proofs, competent in law. Approved, September 18, 1850. ACT TO SUPPRESS THE SLAVE TRADE IN THE DISTRICT OF COLUMBIA Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That from and after the first day of January, eighteen hundred and fifty-one, it shall not be lawful to bring into the District of Columbia any slave whatever, for the pur pose of being sold, or for the purpose of being placed in depot, to be subsequently transferred to any other State or place to be sold as merchandize. And if any slave shall be brought into the said District by its owner, or by the authority or consent of its owner, contrary to the provi sions of this act, such slave shall thereupon become liber ated and free. SEC. 2. And be it further enacted, That it shall and may be lawful for each of the corporations of the cities of Wash ington and Georgetown, from time to time, and as often as may be necessary, to abate, break up, and abolish any depot or place of confinement of slaves brought into the said District as merchandize, contrary to the provisions of this act, by such appropriate means as may appear to either of the said corporations expedient and proper. And the same power is hereby vested in the Levy Court of Washington county, if any attempt shall be made, within its jurisdictional limits, to establish a depot or place of confinement for slaves brought into the said District as merchandize for sale con trary to this act. Approved, September 20, 1850. 272 Treaty with Meocico 1858 Treaty of Limits, Isthmus Transit, &c., between the United States of America and the Republic of Mexico, Con cluded at Mexico, December 30, 1853; Ratification Advised by Senate, with Amendments, April 25, 1854; Ratified by President, June 29, 1854; Ratifications Exchanged at Washington, June 30, 1854; Proclaimed June 30, 1854. In the name of Almighty God. The Republic of Mexico and the United States of America, desiring to remove every cause of disagreement which might interfere in any manner with the better friendship and intercourse between the two countries, and especially in respect to the true limits which should be established, when, notwithstanding what was covenanted in the treaty of Guadalupe Hidalgo in the year 1848, op posite interpretations have been urged, which might give occasion to questions of serious moment: To avoid these, and to strengthen and more firmly maintain the peace which happily prevails between the two republics, the President of the United States has, for this purpose, appointed James Gadsden, Envoy Extraordinary and Minister Plenipoten tiary of the same near the Mexican Government, and the President of Mexico has appointed as Plenipotentiary "ad hoc" his excellency Don Manuel Diez de Bonilla, cavalier grand cross of the national and distinguished order of Guadalupe, and Secretary of State and of the office of Foreign Relations, and Don Jose Salazar Ylarregui and General Mariano Monterde, as scientific commissioners, in vested with full powers for this negotiation; who, having communicated their respective full powers, and finding 273 NATIONAL DOCUMENTS them in due and proper form, have agreed upon the arti cles following: ARTICLE I The Mexican Republic agrees to designate the follow ing as her true limits with the United States for the future: Retaining the same dividing line between the two Cali- f ornias as already defined and established, according to the 5th article of the treaty of Guadalupe Hidalgo, the limits between the two republics shall be as follows: Beginning in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, as provided in the fifth arti cle of the treaty of Guadalupe Hidalgo ; thence, as defined in the said article, up the middle of that river to the point where the parallel of 31 47 north latitude crosses the same; thence due west one hundred miles; thence south to the parallel of 31 20 north latitude; thence along the said parallel of 31 20 to the lllth meridian of longitude west of Greenwich; thence in a straight line to a point on the Colorado River twenty English miles below the junc tion of the Gila and Colorado Rivers ; thence up the. middle of the said river Colorado until it intersects the present line between the United States and Mexico. For the performance of this portion of the treaty, each of the two Governments shall nominate one commissioner, to the end that, by common consent, the two thus nominated, having met in the city of Paso del Norte, three months after the exchange of the ratifications of this treaty, may proceed to survey and mark out upon the land the dividing line stipulated by this article, where it shall not have al ready been surveyed and established by the mixed com mission, according to the treaty of Guadalupe, keeping a journal and making proper plans of their operations. For this purpose, if they should judge it necessary, the con- 274 NATIONAL DOCUMENTS tracting parties shall be at liberty each to unite to its respective commissioner scientific or other assistants, such as astronomers and surveyors, whose concurrence shall not be considered necessary for the settlement and ratification of a true line of division between the two republics; that line shall be alone established upon which the commis sioners may fix, their consent in this particular being con sidered decisive and an integral part of this treaty, without necessity of ulterior ratification or approval, and without room for interpretation of any kind by either of the parties contracting. The dividing line thus established shall, in all time, be faithfully respected by the two Governments, without any variation therein, unless of the express and free consent of the two, given in conformity to the principles of the law of nations, and in accordance with the constitution of each country, respectively. In consequence, the stipulation in the 5th article of the treaty of Guadalupe upon the boundary line therein described is no longer of any force, wherein it may con flict with that here established, the said line being con sidered annulled and abolished wherever it may not coin cide with the present, and in the same manner remaining in full force where in accordance with the same. ARTICLE II The Government of Mexico hereby releases the United States from all liability on account of the obligations con tained in the eleventh article of the treaty of Guadalupe Hidalgo; and the said article and the thirty-third article of the treaty of amity, commerce, and navigation between the United States of America and the United Mexican States, concluded at Mexico on the fifth day of April, 1831, are hereby abrogated. 275 NATIONAL DOCUMENTS ARTICLE III In consideration of the foregoing stipulations, the Gov ernment of the United States agrees to pay the Govern ment of Mexico, in the city of New York, the sum of ten millions of dollars, of which seven millions shall be paid immediately upon the exchange of the ratifications of this treaty, and the remaining three millions as soon as the boundary line shall be surveyed, marked, and established. ARTICLE IV The provisions of the 6th and 7th articles of the treaty of Guadalupe Hidalgo having been rendered nugatory for the most part by the cession of territory granted in the first article of this treaty, the said articles are hereby ab rogated and annulled, and the provisions as herein ex pressed substituted therefor. The vessels and citizens of the United States shall in all time, have free and uninter rupted passage through the Gulf of California, to and from their possessions situated north of the boundary line of the two countries. It being understood that this passage is to be by navigating the Gulf of California and the river Colo rado, and not by land, without the express consent of the Mexican Government; and precisely the same provisions, stipulations, and restrictions, in all respects, are hereby agreed upon and adopted, and shall be scrupulously ob served and enforced, by the two contracting Governments, in reference to the Rio Colorado, so far and for such dis tance as the middle of that river is made their common boundary line by the first article of this treaty. The several provisions, stipulations, and restrictions contained in the 7th article of the treaty of Guadalupe Hidalgo shall remain in force only so far as regards the 276 NATIONAL DOCUMENTS Rio Bravo del Norte, below the initial of the said boundary provided in the first article of this treaty; that is to say, below the intersection of the 31 47 30" parallel of lati tude, with the boundary line established by the late treaty dividing said river from its mouth upwards, according to the 5th article of the treaty of Guadalupe. ARTICLE v All the provisions of the eighth and ninth, sixteenth and seventeenth articles of the treaty of Guadalupe Hidalgo, shall apply to the territory ceded by the Mexican Repub lic in the first article of the present treaty, and to all the rights of persons and property, both civil and ecclesiasti cal, within the same, as fully and as effectually as if the said articles were herein again recited and set forth. ARTICLE VI No grants of land within the territory ceded by the first article of this treaty bearing date subsequent to the day twenty-fifth of September when the Minister and sub scriber to this treaty on the part of the United States pro posed to the Government of Mexico to terminate the ques tion of boundary, will be considered valid or be recognized by the United States, or will any grants made previously be respected or be considered as obligatory which have not been located and duly recorded in the archives of Mexico. ARTICLE VII Should there at any future period (which God forbid) occur any disagreement between the two nations which might lead to a rupture of their relations and reciprocal 277 NATIONAL DOCUMENTS peace, they bind themselves in like manner to procure by every possible method the adjustment of every difference; and should they still in this manner not succeed, never will they proceed to a declaration of war without having pre viously paid attention to what has been set forth in article 21 of the treaty of Guadalupe for similar cases; which article, as well as the 22d, is here re-affirmed. ARTICLE VIII The Mexican Government having on the 5th of Febru ary, 1853, authorized the early construction of a plank and railroad across the Isthmus of Tehuantepec, and, to secure the stable benefits of said transit way to the persons and merchandize of the citizens of Mexico and the United States, it is stipulated that neither Government will inter pose any obstacle to the transit of persons and merchan dize of both nations; and at no time shall higher charges be made on the transit of persons and property of citizens of the United States than may be made on the persons and property of other foreign nations, nor shall any interest in said transit way, nor in the proceeds thereof, be transferred to any foreign government. The United States, by its agents, shall have the right to transport across the isthmus, in closed bags, the mails of the United States not intended for distribution along the line of communication; also the effects of the United States Government and its citizens, which may be intended for transit, and not for distribution on the isthmus, free of custom-house or other charges by the Mexican Govern ment. Neither passports nor letters of security will be re quired of persons crossing the isthmus and not remaining in the country. When the construction of the railroad shall be completed, 278 NATIONAL DOCUMENTS the Mexican Government agrees to open a port of entry in addition to the port of Vera Cruz, at or near the terminus of said road on the Gulf of Mexico. The two Governments will enter into arrangements for the prompt transit of troops and munitions of the Unit States, which that Government may have occasion to ser from one part of its territory to another, lying on opposite sides of the continent. The Mexican Government having agreed to protect with its whole power the prosecution, preservation, and security of the work, the United States may extend its protection as it shall judge wise to it when it may feel sanctioned and warranted by the public or international law. ARTICLE IX This treaty shall be ratified, and the respective ratifi cations shall be exchanged at the city of Washington within the exact period of six months from the date of its signa ture, or sooner if possible. In testimony whereof we, the Plenipotentiaries of the contracting parties, have hereunto affixed our hands and seals at Mexico, the thirtieth (30th) day of December, in the year of our Lord one thousand eight hundred and fifty-three, in the thirty-third year of the Independence of the Mexican Republic, and the seventy-eighth of that of the United States. JAMES GADSDEN [L. s.] MANUEL DIEZ DE BONILLA [L. s.] JOSE SALAZAR YLARREGUI [L. s.] J. MARIANO MONTERDE [L. s.] 279 Kansas- Nebraska Act 1854 \Be it enacted by the Senate and House of Representa- ives of the United States of America in Congress as sembled, That all that part of the territory of the United States included within the following limits, except such portions thereof as are hereinafter expressly exempted from the operations of this act, to wit : beginning at a point in the Missouri River where the fortieth parallel of north latitude crosses the same; thence west on said parallel to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains ; thence on said summit northward to the forty-ninth parallel of north latitude; thence east on said parallel to the western boundary of the territory of Minnesota; thence southward on said boundary to the Missouri River; thence down the main channel of said river to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Nebraska; and when admitted as a State or States, the said Territory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission: Provided, That nothing in this act contained shall be con strued to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States: Provided further, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Terri tory, so long as sucji rights shall remain unextinguished by 280 NATIONAL DOCUMENTS treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be in cluded within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries and constitute no part of the Terri tory of Nebraska, until said tribe shall signify their assent to the President of the United States to be included within the said Territory of Nebraska, or to affect the authority of the government of the United States to make any regu lations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never passed. SEC. 10. And be it further enacted, That the provisions of the act entitled " An act respecting fugitives from justice, and persons escaping from the service of their masters," approved February twelfth, seventeen hundred and ninety-three, and the provisions of the act entitled " An act to amend, and supplementary to, the aforesaid act," approved September eighteenth, eighteen hundred and fifty, be, and the same are hereby, declared to extend to and be in full force within the limits of the said Terri tory of Nebraska. SEC. 14. And be it further enacted, . . . That the Con stitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States, except the eighth section of the act pre paratory to the admission of Missouri into the Union, ap- 281 NATIONAL DOCUMENTS proved March sixth, eighteen hundred and twenty, which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the Compromise Measures, is hereby de clared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Terri tory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of sixth of March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery. [The provisions relating to Kansas follow and, with the exception of the substitution of Kansas for Nebraska, are identical with the matter here given.] 282 Lincoln s First Inaugural Address 1861 Fellow-citizens of the United States: In compliance with a custom as old as the Government itself , I appear before you to address you briefly, and to take in your presence the oath prescribed by the Constitution of the United States to be taken by the President " before he enters on the execu tion of his office." I do not consider it necessary at present for me to discuss those matters of administration about which there is no special anxiety or excitement. Apprehension seems to exist among the people of the Southern States that by the accession of a Republican Ad ministration their property and their peace and personal security are to be endangered. There has never been any reasonable cause for such apprehension. Indeed, the most ample evidence to the contrary has all the while existed and been open to their inspection. It is found in nearly all the published speeches of him who now addresses you. I do but quote from one of those speeches when I declare that " I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." Those who nominated and elected me did so with full knowledge that I had made this and many similar declarations, and had never recanted them. And, more than this, they placed in the platform for my accept ance, and as a law to themselves and to me, the clear and emphatic resolution which I now read: "Resolved, That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of 283 NATIONAL DOCUMENTS power on which the perfection and endurance of our polit ical fabric depend, and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter under what pretext, as among the gravest of crimes." I now reiterate these sentiments ; and, in doing so, I only press upon the public attention the most conclusive evidence of which the case is susceptible, that the property, peace, and security of no section are to be in any wise endangered by the now incoming Administration. I add, too, that all the protection which, consistently with the Constitution and the laws, can be given, will be cheerfully given to all the States when lawfully demanded, for whatever cause as cheerfully to one section, as to another. There is much controversy about the delivering up of fugitives from service or labor. The clause I now read is as plainly written in the Constitution as any other of its provisions : " No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." It is scarcely questioned that this provision was intended by those who made it for the reclaiming of what we call fugitive slaves; and the intention of the lawgiver is the law. All Members of Congress swear their support to the whole Constitution to this provision as much as to any other. To the proposition, then, that slaves whose cases come within the terms of this clause, " shall be delivered up," their oaths are unanimous. Now, if they would make the effort in good temper, could they not with nearly equal unanimity frame and pass a law by means of which to keep good that unan imous oath? There is some difference of opinion whether this clause 284 NATIONAL DOCUMENTS should be enforced by national or by State authority; but surely that difference is not a very material one. If the slave is to be surrendered, it can be of but little consequence to him, or to others, by which authority it is done. And should any one, in any case, be content that his oath shall go unkept, on a merely unsubstantial controversy as to how it shall be kept? Again, in any law upon this subject, ought not all the safeguards of liberty known in civilized and humane juris prudence to be introduced so that a free man be not, in any case, surrendered as a slave ? And might it not be well at the same time to provide by law for the enforcement of that clause in the Constitution which guarantees that " the citizen of each State shall be entitled to all privileges and immunities of citizens in the several States " ? I take the official oath to-day with no mental reservations and with no purpose to construe the Constitution or laws by any hypercritical rules. And while I do not choose now to specify particular acts of Congress as proper to be enforced, I do suggest that it will be much safer for all, both in official and private stations, to conform to and abide by all those acts which stand unrepealed, than to violate any of them trusting to find impunity in having them held to be unconstitutional. It is seventy-two years since the first inauguration of a President under our National Constitution. During that period fifteen different and greatly distinguished citizens have, in succession, administered the Executive branch of the Government. They have conducted it through many perils, and generally with great success. Yet, with all this scope of precedent, I now enter upon the same task for the brief constitutional term of four years under great and peculiar difficulty. A disruption of the Federal Union, here tofore only menaced, is now formidably attempted. 285 NATIONAL DOCUMENTS I hold that, in contemplation of universal law and of the Constitution, the Union of these States is perpetual. Per petuity is implied, if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination. Continue to execute all the express provisions of our National Constitution, and the Union will endure forever it being impossible to destroy it except by some action not provided for in the instrument itself. Again, if the United States be not a Government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it break it, so to speak, but does it not require all to lawfully rescind it? Descending from these general principles, we find the proposition that, in legal contemplation, the Union is per petual, confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And, finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was, "to form a more perfect Union/ But if the destruction of the Union by one, or by a part only, of the States be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity. It follows from these views that no State, upon its own mere motion, can lawfully get out of the Union; that resolves and ordinances to that effect are legally void; and 286 NATIONAL DOCUMENTS that acts of violence, within any State or States, against the authority of the United States, are insurrectionary or revo lutionary, according to circumstances. I therefore consider that, in view of the Constitution and the laws, the Union is unbroken; and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all of the States. Doing this I deem to be only a simple duty on my part; and I shall perform it, so far as practicable, unless my rightful masters, the American people, shall withhold the requisite means, or in some authoritative manner direct the contrary. I trust this will not be regarded as a menace, but only as the declared pur pose of the Union that it will constitutionally defend and maintain itself. In doing this there needs to be no bloodshed or violence; and there shall be none, unless it be forced upon the national authority. The power confided to me will be used to hold, occupy, and possess the property and places belonging to the Government, and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere. Where hostility to the United States, in any interior locality, shall be so great and universal as to prevent competent resident citizens from holding the Fed eral offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict legal right may exist in the Government to enforce the exercise of these offices, the attempt to do so would be so irri tating, and so nearly impracticable withal, that I deem it better to forego for the time the uses of such offices. The mails, unless repelled, will continue to be furnished in all parts of the Union. So far as possible, the people everywhere shall have that sense of perfect security which 287 NATIONAL DOCUMENTS is most favorable to calm thought and reflection. The course here indicated will be followed unless current events and experience shall show a modification or change to be proper, and in every case and exigency my best discretion will be exercised according to circumstances actually exist ing, and with a view and a hope of a peaceful solution of the national troubles, and the restoration of fraternal sym pathies and affections. That there are persons in one section or another who seek to destroy the Union at all events, and are glad of any pretext to do it, I will neither affirm nor deny; but if there be such, I need address no word to them. To those, however, who really love the Union may I not speak? Before entering upon so grave a matter as the destruc tion of our national fabric, with all its benefits, its memories, and its hopes, would it not be wise to ascertain precisely why we do it? Will you hazard so desperate a step while there is any possibility that any portion of the ills you fly from have no real existence? Will you, while the certain ills you fly to are greater than all the real ones you fly from will you risk the commission of so fearful a mistake ? All profess to be content in the Union, if all constitu tional rights can be maintained. Is it true, then, that any right, plainly written in the Constitution, has been denied? I think not. Happily the human mind is so constituted, that no party can reach to the audacity of doing this. Think, if you can, of a single instance in which a plainly written provision of the Constitution has ever been denied. If by the mere force of numbers a majority should deprive a minority in any clearly written constitutional right, it might, in a moral point of view, justify revolution certainly would if such a right were a vital one. But such is not our case. All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guar- 288 NATIONAL DOCUMENTS antics and prohibitions, in the Constitution, that controver sies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate, nor any document of reasonable length contain, express provisions for all possible questions. Shall fugitives from labor be surrendered by national or by State authority? The Constitution does not expressly say. May Congress prohibit slavery in the Territories? The Constitution does not expressly say. Must Congress protect slavery in the Territories? The Constitution does not expressly say. From questions of this class spring all our constitutional controversies, and we divide upon them into majorities and minorities. If the minority will not acquiesce, the majority must, or the Government must cease. There is no other alternative; for continuing the Government is acquiescence on one side or the other. If a minority in such case will secede rather than acquiesce, they make a precedent which in turn will divide and ruin them; for a minority of their own will secede from them whenever a majority refuses to be controlled by such minority. For instance, why may not any portion of a new confederacy a year or two hence arbitrarily secede again, precisely as portions of the present Union now claim to secede from it? All who cherish disunion sentiments are now being educated to the exact temper of doing this. Is there such perfect identity of interests among the States to compose a new Union as to produce harmony only, and prevent renewed secession? Plainly, the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is 28Q NATIONAL DOCUMENTS the only true sovereign of a free people. Whoever rej ects it does, of necessity, fly to anarchy or to despotism. Una nimity is impossible ; the rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despotism in some form is all that is left. I do not forget the position, assumed by some, that con stitutional questions are to be decided by the Supreme Court ; nor do I deny that such decisions must be binding, in any case, upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the can did citizen must confess that if the policy of the Govern ment, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others seek to turn their decisions to political purposes. One section of our country believes slavery is right, and ought to be extended, while the other believes it is wrong, and ought not to be extended. This is the only substantial dispute. The fugitive-slave clause of the Constitution, and the law for the suppression of the foreign slave trade, are 290 NATIONAL DOCUMENTS each as well enforced, perhaps, as any law can ever be in a community where the moral sense of the people imper fectly supports the law itself. The great body of the people abide by the dry legal obligation in both cases, and a few break over in each. This, I think, cannot be perfectly cured ; and it would be worse in both cases after the separation of the sections, than before. The foreign slave trade, now imperfectly suppressed, would be ultimately revived without restriction, in one section; while fugitive slaves, now only partially surrendered, would not be surrendered at all by the other. Physically speaking, we cannot separate. We cannot remove our respective sections from each other, nor build an impassable wall between them. A husband and wife may be divorced, and go out of the presence and beyond the reach of each other; but the different parts of our country cannot do this. They cannot but remain face to face, and intercourse, either amicable or hostile, must continue between them. Is it possible, then, to make that intercourse more advantageous or more satisfactory after separation than before? Can aliens make treaties easier than friends can make laws? Can treaties be more faithfully enforced between aliens than laws can among friends ? Suppose you go to war, you cannot fight always; and when, after much loss on both sides, and no gain on either, you cease fight ing, the identical old questions as to terms of intercourse are again upon you. This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it, or their revolutionary right to dis member or overthrow it. I cannot be ignorant of the fact that many worthy and patriotic citizens are desirous of having the National Constitution amended. While I make 291 NATIONAL DOCUMENTS no recommendation of amendments, I fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instru ment itself; and I should, under existing circumstances, favor rather than oppose a fair opportunity being afforded the people to act upon it. I will venture to add that to me the convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject proposi tions originated by others, not especially chosen for the pur pose, and which might not be precisely such as they would wish to either accept or refuse. I understand a proposed amendment to the Constitution which amendment, however, I have not seen has passed Congress, to the effect that the Federal Government shall never interfere with the domestic institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose, not to speak of particular amend ments, so far as to say that, holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable. The Chief Magistrate derives all his authority from the people, and they have conferred none upon him to fix terms for the separation of the States. The people themselves can do this also if they choose; but the Executive, as such, has nothing to do with it. His duty is to administer the present Government, as it came to his hands, and to transmit it, unimpaired by him, to his successor. Why should there not be a patient confidence in the ulti mate justice of the people? Is there any better or equal hope in the world? In our present differences is either party without faith of being in the right? If the Almighty Ruler of Nations, with his eternal truth and justice, be on your side of the North, or on yours of the South, that truth 292 NATIONAL DOCUMENTS and that justice will surely prevail by the judgment of this great tribunal of the American people. By the frame of the Government under which we live, this same people have wisely given their public servants but little power for mischief; and have, with equal wisdom, provided for the return of that little to their own hands at very short intervals. While the people retain their virtue and vigilance, no administration, by any extreme of wickedness or folly, can very seriously injure the govern ment in the short space of four years. My countrymen, one and all, think calmly and well upon this whole subject. Nothing valuable can be lost by taking time. If there be an object to hurry any of you in hot haste to a step which you would never take deliberately, that object will be frustrated by taking time; but no good object can be frustrated by it. Such of you as are now dissatis fied, still have the old Constitution unimpaired, and, on the sensitive point, the laws of your own framing under it; while the new Administration will have no immediate power, if it would, to change either. If it were admitted that you who are dissatisfied hold the right side in the dispute, there still is no single good reason for precipitate action. Intelli gence, patriotism, Christianity, and a firm reliance on Him who has never yet forsaken this favored land are still com petent to adjust, in the best way, all our present difficulty. In your hands, my dissatisfied fellow-countrymen, and not in mine, is the momentous issue of civil war. The Govern ment will not assail you. You can have no conflict without being yourselves the aggressors. You have no oath regis tered in Heaven to destroy the Government, while I shall have the most solemn one to " preserve, protect, and defend it." I am loth to close. We are not enemies, but friends. We must not be enemies. Though passion may have strained, 293 NATIONAL DOCUMENTS it must not break our bonds of affection. The mystic chords of memory, stretching from every battle-field and patriot grave to every living heart and hearthstone all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature. 294 Constitution of the Confederate States of America 1861 We, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity invoking the favor and guidance of Almighty God do ordain and establish this Constitution for the Confederate States of America. ARTICLE I SECTION 1 All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and a House of Representatives. SECTION 2 (1) The House of Representatives shall be composed of members chosen every second year by the peo ple of the several States ; and the electors in each State shall be citizens of the Confederate States, and have the qualifica tions requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal. (2) No person shall be a Representative who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. (3) Representatives and direct taxes shall be appor tioned among the several States, which may be included within this Confederacy, according to their respective num- 295 NATIONAL DOCUMENTS bers, which shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three- fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall by law di rect. The number of Representatives shall not exceed one for every fifty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six; the State of Georgia ten; the State of Alabama nine; the State of Florida two; the State of Mississippi seven; the State of Louisiana six; and the State of Texas six. (4) When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies. (5) The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment; except that any judicial or other Federal officer, resident and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof. SECTION 3 (1) The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years by the Legislature thereof, at the regular ses sion next immediately preceding the commencement of the term of service; and each Senator shall have one vote. (2) Immediately after they shall be assembled, in con sequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration 296 NATIONAL DOCUMENTS of the fourth year; and of the third class at the expira tion of the sixth year; so that one-third may be chosen every second year ; and if vacancies happen by resignation, or otherwise,, during the recess of the Legislature of any State, the Executive thereof may make temporary appoint ments until the next meeting of the Legislature which shall then fill such vacancies. (3) No person shall be a Senator who shall not have attained to the age of thirty years, and be a citizen of the Confederate States; and who shall not, when elected, be an inhabitant of the State for which he shall be chosen. (4) The Vice President of the Confederate States shall be President of the Senate, but shall have no vote unless they be equally divided. (5) The Senate shall choose their other officers; and also a President pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the Confederate States. (6) The Senate shall have power to try all impeach ments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the Confeder ate States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two- thirds of the members present. (7) Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the Confederate States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment according to law. SECTION 4(1) The times, places and manner of holding elections for Senators and Representatives, shall be pre scribed in each State by the Legislature thereof, subject to the provisions of this Constitution; but the Congress may, 297 NATIONAL DOCUMENTS at any time, by law, make or alter such regulations, except as to the times and places of choosing Senators. (2) The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. SECTION 5 (1) Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do busi ness ; but a smaller number may adj ourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide. (2) Each House may determine the rules of its proceed ings, punish its members for disorderly behavior, and with the concurrence of two-thirds of the whole number, expel a member. (3) Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. (4) Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. SECTION 6 (1) The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederate States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any 298 NATIONAL DOCUMENTS speech or debate in either House, they shall not be ques tioned in any other place. (2) No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the Confederate States shall be a member of either House during his continuance in office. But Con gress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measure ap pertaining to his department. SECTION 7(1) All bills for raising revenue shall origin ate in the House of Representatives; but the Senate may propose or concur with the amendments, as on other bills. (2) Every bill which shall have passed both Houses, shall, before it becomes a law, be presented to the Presi dent of the Confederate States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two- thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Con- NATIONAL DOCUMENTS gress by their adjournment prevent its return; in which case it shall not be a law. The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved; and shall return a copy of such appropriations, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the President. (3) Every order, resolution, or vote, to which the con currence of both Houses may be necessary (except on a question of adjournment), shall be presented to the Presi dent of the Confederate States; and before the same shall take effect, shall be approved by him; or being disapproved by him, shall be repassed by two-thirds of both Houses, according to the rules and limitations prescribed in case of a bill. SECTION 8. The Congress shall have power (1) To lay and collect taxes, duties, imposts, and excises, for revenue necessary to pay the debts, provide for the common defence, and carry on the government of the Con federate States; but no bounties shall be granted from the treasury ; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uni form throughout the Confederate States: (2) To borrow money on the credit of the Confederate States : (3) To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the consti tution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improve ment intended to facilitate commerce, except for the pur- 300 NATIONAL DOCUMENTS pose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navi gation, in all which cases, such duties shall be laid on the navigation facilitated thereby, as may be necessary to pay the costs and expenses thereof: (4) To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, throughout the Confederate States; but no law of Congress shall dis charge any debt contracted before the passage of the same; (5) To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and meas ures: (6) To provide for the punishment of counterfeiting the securities and current coin of the Confederate States: (7) To establish post-offices and post-routes; but the expenses of the Post-Office Department, after the first day of March in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenue: (8) To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and dis coveries : (9) To constitute tribunals inferior to the Supreme Court : (10) To define and punish piracies and felonies com mitted on the high seas, and offences against the law of nations : (11) To declare war, grant letters of marque and re prisal, and make rules concerning captures on land and water : (12) To raise and support armies; but no appropria tion of money to that use shall be for a longer term than two years: 301 NATIONAL DOCUMENTS (13) To provide and maintain a navy: (14) To make rules for the government and regulation of the land and naval forces: (15) To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel invasions: (16) To provide for organizing, arming, and disciplin ing the militia, and for governing such part of them as may be employed in the service of the Confederate States, re serving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress: (17) To exercise exclusive legislation, in all cases what soever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the accept ance of Congress, become the seat of the Government of the Confederate States: and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful build ings: and (18) To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Gov ernment of the Confederate States, or in any department or officer thereof. SECTION 9 (1) The importation of negroes of the Afri can race, from any foreign country other than the slave- holding States or Territories of the United States of Amer ica, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same. (2) Congress shall also have power to prohibit the in troduction of slaves from any State not a member of, or Territory not belonging to, this Confederacy. 302 NATIONAL DOCUMENTS (3) The privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it. (4) No bill of attainder, or ex post facto law, or law denying or impa[i]ring the right of property in negro slaves shall be passed. (5) No capitation or other direct tax shall be laid, un less in proportion to the census or enumeration hereinbefore directed to be taken. (6) No tax or duty shall be laid upon articles exported from any State, except by a vote of two-thirds of both Houses. (7) No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another. (8) No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regu lar statement and account of the receipts and expenditures of all public money shall be published from time to time. (9) Congress shall appropriate no money from the treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of departments, and sub mitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the govern ment, which it is hereby made the duty of Congress to establish. (10) All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made; and Congress shall 303 NATIONAL DOCUMENTS grant no extra compensation to any public contractor, officer,, agent or servant, after such contract shall have been made or such service rendered. (11) No title of nobility shall be granted by the Con federate States; and no person holding any office of profit or trust under them shall, without the consent of Congress, accept of any present, emolument, office or title of any kind whatever, from any king, prince, or foreign state. (12) Congress shall make no law respecting an estab lishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble and petition the government for a redress of grievances. (13) A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. (14) No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. (15) The right of the people to be secure in their per sons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no war rants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (16) No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or in dictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor be compelled, in any criminal case, to be a witness against himself; nor to be deprived of life, liberty, or property without due process of law; nor shall 304 NATIONAL DOCUMENTS private property be taken for public use, without just com pensation. (17) In all criminal prosecutions, the accused shall en joy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining wit nesses in his favor; and to have the assistance of counsel for his defence. (18) In suits at common law, where the value in con troversy shall not exceed twenty dollars, the right of trial by jury shall be preserved; and no fact so tried by a jury shall be otherwise re-examined in any court of the Con federacy, than according to the rules of common law. (19) Excessive bail shall not be required, nor exces sive fines imposed, nor cruel and inhuman punishment in flicted. (20) Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title. SECTION 10 (1) No State shall enter into any treaty, alli ance, or confederation ; grant letters of marque and reprisal ; coin money ; make anything but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. (2) No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its in spection laws; and the nett produce of all duties and im posts, laid by any State on imports or exports, shall be for the use of the Treasury of the Confederate States; and 305 NATIONAL DOCUMENTS all such laws shall be subject to the revision and control of Congress. (3) No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue, thus derived, shall, after making such improvement, be paid into the common treasury. Nor shall any State keep troops or ships-of-war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof. ARTICLE II SECTION 1 (1) The executive power shall be vested in a President of the Confederate States of America. He and the Vice President shall hold their offices for the term of six years ; but the President shall not be re-eligible. The Presi dent and the Vice President shall be elected as follows : (2) Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative or person holding an office of trust or profit under the Confederate States, shall be ap pointed an elector. (3) The electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same 306 NATIONAL DOCUMENTS State with themselves; they shall name in their ballots the person voted for as President,, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which list they shall sign and certify, and transmit, sealed, to the seat of the Government of the Confederate States, directed to the President of the Senate ; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certifi cates, and the votes shall then be counted; the person hav ing the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such a majority, then, from the persons having the highest num bers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose im mediately, by ballot, the President. But in choosing the President, the votes shall be taken by States the repre sentation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to the choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death, or other con stitutional disability of the President. (4) The person having the greatest number of votes as Vice President, shall be the Vice President, if such num ber be a majority of the whole number of electors ap pointed, and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall con- 307 NATIONAL DOCUMENTS sist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. (5) But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the Confederate States. (6) The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the Con federate States. (7) No person except a natural born citizen of the Con federate States, or a citizen thereof at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the 20th of December, I860, shall be eligible to the office of President ; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resi dent within the limits of the Confederate States, as they may exist at the time of his election. (8) In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President; and Congress may, by law, provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President; and such officer shall act accordingly, until the disability be removed or a Presi dent shall be elected. (9) The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the Confederate States, or any of them. 308 NATIONAL DOCUMENTS (10) Before he enters on the execution of his office, he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof." SECTION 2 (1) The President shall be Commander-in- chief of the army and navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States ; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the Con federate States, except in cases of impeachment. (2) He shall have power, by and with the advice and consent of the Senate, to make treaties; provided two- thirds of the Senators present concur; and he shall nomi nate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and con suls, judges of the Supreme Court, and all other officers of the Confederate States whose appointments are not herein otherwise provided for, and which shall be estab lished by law; but the Congress may, by law, vest the ap pointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. (3) The principal officer in each of the executive de partments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the executive depart ment may be removed at any time by the President, or other appointing power, when their services are unneces sary, or for dishonesty, incapacity, inefficiency, misconduct, NATIONAL DOCUMENTS or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor. (4) The President shall have power to fill all vacancies that may happen during the recess of the Senate, by grant ing commissions which shall expire at the end of their next session; but no person rejected by the Senate shall be re-appointed to the same office during their ensuing recess. SECTION 3 (1) The President shall, from time to time, give to the Congress information of the state of the Confed eracy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extra ordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Confederate States. SECTION 4 (1) The President, Vice President, and all civil officers of the Confederate States, shall be removed from office on impeachment, for and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III SECTION 1 (1) The judicial power of the Confederate States shall be vested in one Supreme Court, and in such in ferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compen sation which shall not be diminished during their continu ance in office. 310 NATIONAL DOCUMENTS SECTION 2 (1) The judicial power shall extend to all cases arising under this Constitution, the laws of the Con federate States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the Con federate States shall be a party; to controversies between two or more States ; between a State and citizens of another State, where the State is plaintiff; between citizens claim ing lands under grants of different States; and between a State or the citizens thereof, and foreign states, citizens or subjects; but no State shall be sued by a citizen or subject of any foreign state. (2) In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original juris diction. In all the other cases before mentioned, the Su preme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regu lations as the Congress shall make. (3) The trial of all crimes, except in cases of impeach ment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. SECTION 3 (1) Treason against the Confederate States shall consist only in levying war against them, or in adher ing to their enemies, giving them aid and comfort. No per son shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. (2) The Congress shall have power to declare the pun ishment of treason; but no attainder of treason shall work 311 NATIONAL DOCUMENTS corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV SECTION 1 (1) Full faith and credit shall be given in each State to the public acts, records, and judicial proceed ings of every other State. And the Congress may, by gen eral laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. SECTION 2 (1) The citizens of each State shall be en titled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and so journ in any State of this Confederacy, with their slaves and other property ; and the right of property in said slaves shall not be thereby impaired. (2) A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. (3) No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor ; but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due. SECTION 3 (1) Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives and two-thirds of the Senate, the Senate voting by States ; but no new State shall be formed or erected within the j urisdiction of any other State ; nor any State be 812 NATIONAL DOCUMENTS formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned,, as well as of the Congress. (2) The Congress shall have power to dispose of and make all needful rules and regulations concerning the prop erty of the Confederate States, including the lands thereof. (3) The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States; and may permit them, at such times, and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory, the institution of negro slavery, as it now exists in the Con federate States, shall be recognized and protected by Con gress and by the territorial government : and the inhabitants of the several Confederate States and Territories shall have the right to take to such territory any slaves lawfully held by them in any of the States or Territories of the Confeder ate States. (4) The Confederate States shall guarantee to every State that now is, or hereafter may become, a member of this Confederacy, a republican form of government; and shall protect each of them against invasion; and on appli cation of the legislature (or of the executive, when the legislature is not in session), against domestic violence. ARTICLE v SECTION 1 (1) Upon the demand of any three States, legally assembled in their several conventions, the Congress shall summon a convention of all the States, to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the 313 NATIONAL DOCUMENTS said demand is made ; and should any of the proposed amend ments to the Constitution be agreed on by the said conven tion voting by States and the same be ratified by the legislature of two-thirds of the several States, or by con ventions in two-thirds thereof as the one or the other mode of ratification may be proposed by the general conven tion they shall henceforward form a part of the Constitu tion. But no State shall, without its consent, be deprived of its equal representation in the Senate. ARTICLE VI (1) The Government established by this Constitution is the successor of the Provisional Government of the Con federate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified : and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished. (2) All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the Confederate States under this Constitution, as under the Provisional Government. (3) This Constitution, and the laws of the Confederate States made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Con federate States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. (4) The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the Confederate States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious 314 NATIONAL DOCUMENTS test shall ever be required as a qualification to any office or public trust under the Confederate States. (5) The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people of the several States. (6) The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof. ARTICLE VII (1) The ratification of the conventions of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. (2) When five States shall have ratified this Constitu tion, in the manner before specified, the Congress under the Provisional Constitution shall prescribe the time for hold ing the election of President and Vice President, and for the meeting of the Electoral College, and for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assem bling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them; not extend ing beyond the time limited by the Constitution" of the Pro visional Government. ^ Adopted unanimously by the Congress of the Confederate States of South Carolina, Georgia, Florida, Alabama, Mis sissippi, Louisiana, and Texas, sitting in convention at the capitol, in the city of Montgomery, Alabama, on the Eleventh day of March, in the year Eighteen Hundred and Sixty-one. HOWELL COBB President of the Congress. 315 NATIONAL DOCUMENTS South Carolina. R. Barnwell Rhett, C. G. Memminger, Wm. Porcher Miles, James Chesnut, Jr., R. W. Barnwell, William W. Boyce, Lawrence M. Keitt, T. J. Withers. Georgia. Francis S. Bartow, Martin J. Crawford, Ben jamin H. Hill, Thos. R. R. Cobb. Florida. Jackson Morton, J. Patton Anderson, Jas. B. Owens. Alabama. Richard W. Walker, Robt. H. Smith, Colin J. McRae, William P. Chilton, Stephen F. Hale, David P. Lewis, Tho. Fearn, Jno. Gill Shorter, J. L. M. Curry. Mississippi. Alex. M. Clayton, James T. Harrison, Will iam S. Barry, W. S. Wilson, Walker Brooke, W. P. Harris, J. A. P. Campbell. Louisiana. Alex, de Clouet, C. M. Conrad, Duncan F. Kenner, Henry Marshall. Texas. John Hemphill, Thomas N. Waul, John H. Reagan, Williamson S. Oldham, Louis T. Wigfall, John Gregg, William Beck Ochiltree. S16 Emancipation Proclamation 1863 Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty- two, a proclamation was issued by the President of the United States, containing, among other things, the follow ing, to wit: " That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all per sons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom. " That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall in the absence of strong coun tervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States." Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as com- mander-in-chief of the Army and Navy of the United 317 NATIONAL DOCUMENTS States, in time of actual armed rebellion against authority and government of the United States, and as a fit and nec essary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thou sand eight hundred and sixty-three, and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof, respectively, are this day in rebellion against the United States, the following, to wit: Arkansas, Texas, Louisiana (except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia (except the forty- eight counties designated as West Virginia, and also the counties of Berkley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts are, for the present, left precisely as if this proclamation were not issued. And by virtue of the power and for the purpose afore said, I do order and declare that all persons held as slaves within said designated States and parts of States are, and henceforward shall be, free ; and that the Executive govern ment of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons. And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self- defence; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages. And I further declare and make known, that such per- 318 NATIONAL DOCUMENTS sons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service. And upon this act, sincerely believed to be an act of jus tice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind and the gra cious favor of Almighty God. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States of America the eighty-seventh. ABRAHAM LINCOLN L. s. By the President: WILLIAM H. SEWARD, Secretary of State. 319 Lincoln s Gettysburg Address 1863 Fourscore and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battlefield of that war. We have come to dedicate a portion of that field as a final resting-place for those who here gave their lives that the nation might live. It is altogether fitting and proper that we should do this. But, in a larger sense, we cannot dedicate we cannot consecrate we cannot hallow this ground. The brave men, living and dead, who strug gled here have consecrated it, far above our poor power to add or detract. The world will little note, nor long remem ber what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion that we here highly resolve that these dead shall not have died in vain that this nation, under God, shall have a new birth of freedom and that government of the people, by the people, for the people, shall not perish from the earth. 820 Proclamation of Amnesty 1868 Whereas in and by the Constitution of the United States it is provided that the President " shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment; " and Whereas a rebellion now exists whereby the loyal State governments of several States have for a long time been subverted, and many persons have committed and are now guilty of treason against the United States ; and Whereas, with reference to said rebellion and treason, laws have been enacted by Congress declaring forfeitures and confiscation of property and liberation of slaves, all upon terms and conditions therein stated, and also declaring that the President was thereby authorized at any time there after, by proclamation, to extend to persons who may have participated in the existing rebellion of any State or part thereof pardon and amnesty, with such exceptions and at such times and on such conditions as he may deem expedient for the public welfare; and Whereas the congressional declaration for limited and conditional pardon accords with well-established judicial exposition of the pardoning power; and Whereas, with reference to said rebellion, the President of the United States has issued several proclamations with provisions in regard to the liberation of slaves; and Whereas, it is now desired by some persons heretofore engaged in said rebellion to resume their allegiance to the United States, and to reinaugurate loyal State governments within and for their respective states: Therefore I, ABRAHAM LINCOLN, President of the United States, do proclaim, declare, and make known to all persons who have, 321 NATIONAL DOCUMENTS directly or by implication, participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restora tion of all rights of property, except as to slaves, and in property cases where rights of third parties shall have intervened, and upon the condition that every such person shall take and subscribe an oath, and thenceforward keep and maintain said oath inviolate; and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit: "I, , do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect, and defend the Constitution of the United States and the Union of the States thereunder; and that I will, in like manner, abide by and faithfully support all acts of congress passed during the existing rebellion with refer ence to slaves, so long and so far as not repealed, modified, or held void by congress, or by decision of the supreme court ; and that I will, in like manner, abide by and faithfully sup port all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision, of the supreme court. So help me God." The persons excepted from the benefits of the foregoing provisions are all who are, or shall have been, civil or diplo matic officers or agents of the so-called Confederate govern ment; all who have left judicial stations under the United States to aid the rebellion; all who are, or shall have been, military or naval officers of said so-called Confederate government above the rank of colonel in the army or of lieutenant in the navy; all who left seats in the United States congress to aid the rebellion; all who resigned com missions in the army or navy of the United States and after wards aided the rebellion; and all who have engaged in 322 NATIONAL DOCUMENTS any way in treating colored persons, or white persons in charge of such, otherwise than lawfully as prisoners of war, and which persons may have been found in the United States service as soldiers, seamen, or in any other capacity. And I do further proclaim, declare, and make known that whenever, in any of the States of Arkansas, Texas, Louisi ana, Mississippi, Tennessee, Alabama, Georgia, Florida, South Carolina, and North Carolina, a number of persons, not less than one tenth in number of the votes cast in such state at the presidential election of the year of our Lord one thousand eight hundred and sixty, each having taken the oath aforesaid, and not having since violated it, and being a qualified voter by the election laws of the state existing immediately before the so-called act of secession, and excluding all others, shall reestablish a State government which shall be republican, and in nowise contravening said oath, such shall be recognized as the true government of the State, and the State shall receive thereunder the bene fits of the constitutional provision which declares that " the United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion ; and on application of the legislature, or the executive (when the legislature cannot be convened), against domestic violence." And I do further proclaim, declare, and make known that any provision which may be adopted by such State govern ment in relation to the freed people of such State, which shall recognize and declare their permanent freedom, pro vide for their education, and which may yet be consistent as a temporary arrangement with their present condition as a laboring, landless, and homeless class, will not be objected to by the National Executive. And it is suggested as not improper that, in constructing a loyal State government in any State, the name of the State. 323 NATIONAL DOCUMENTS the boundary, the subdivisions, the constitution, and the general code of laws, as before the rebellion, be maintained, subject only to the modifications made necessary by the conditions hereinbefore stated, and such others, if any, not contravening said conditions, and which may be deemed expedient by those framing the new State government. To avoid misunderstanding, it may be proper to say that this proclamation, so far as it relates to state governments, has no reference, to states wherein loyal state governments have all the while been maintained. And, for the same reason, it may be proper to further say, that whether mem bers sent to congress from any state shall be admitted to seats constitutionally rests exclusively with the respective houses, and not to any extent with the Executive, And still further, that this proclamation is intended to present the people of the states wherein the national authority has been suspended, and loyal state governments have been sub verted, a mode in and by which the national authority and loyal state governments may be reestablished within said states, or in any of them; and, while the mode presented is the best the Executive can suggest, with his present impres sions, it must not be understood that no other possible mode would be acceptable. Given under my hand at the city of Washington, on the 8th day of December, A. D. 1863, and of the Inde pendence of the United States of America the eighty- eighth. ABRAHAM LINCOLN SEAL 324 Lincoln s Second Inaugural Address 1865 Fellow-countrymen: At this second appearing to take the oath of the Presidential office, there is less occasion for an extended address than there was at the first. Then, a state ment, somewhat in detail, of a course to be pursued, seemed fitting and proper. Now, at the expiration of four years, during which public declarations have been constantly called forth on every point and phase of the great contest which still absorbs the attention and engrosses the energies of the nation, little that is new could be presented. The progress of our arms, upon which all else chiefly depends, is as well known to the public as to myself ; and it is, I trust, reason ably satisfactory and encouraging to all. With high hope for the future, no prediction in regard to it is ventured. On the occasion corresponding to this four years ago, all thoughts were anxiously directed to an impending civil war. All dreaded it all sought to avert it. While the inaugural address was being delivered from this place, devoted alto gether to saving the Union without war, insurgent agents were in the city seeking to destroy it without war seeking to dissolve the Union, and divide effects, by negotiation. Both parties deprecated war; but one of them would make war rather than let the nation survive ; and the other would accept war rather than let it perish. And the war came. One-eighth of the whole population were colored slaves, not distributed generally over the Union, but localized in the Southern part of it. These slaves constituted a peculiar and powerful interest. All knew that this interest was, somehow, the cause of the war. To strengthen, perpetuate, and extend this interest was the object for which the insur gents would rend the Union, even by war ; while the Govern- 325 NATIONAL DOCUMENTS ment claimed no right to do more than to restrict the terri torial enlargement of it. Neither party expected for the war the magnitude or the duration which it has already attained. Neither anticipated that the cause of the conflict might cease with, or even before, the conflict itself should cease. Each looked for an easier triumph, and a result less fundamental and astounding. Both read the same Bible, and pray to the same God; and each invokes his aid against the other. It may seem strange that any men should dare to ask a just God s assistance in wringing their bread from the sweat of other men s faces; but let us judge not, that we be not judged. The prayers of both could not be answered that of neither has been answered fully. The Almighty has his own purposes. " Woe unto the world because of offenses ! for it must needs be that offenses come ; but woe to that man by whom the offense cometh." If we shall suppose that American slavery is one of those offenses which, in the providence of God, must needs come, but which, having con tinued through his appointed time, he now wills to remove, and that he gives to both North and South this terrible war, as the woe due to those by whom the offense came, shaJL we discern therein any departure from those divine attributes which the believers in a living God always ascribe to him? Fondly do we hope fervently do we pray that this mighty scourge of war may speedily pass away. Yet, if God wills that it continue until all the wealth piled by the bondman s two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword, as was said three thousand years ago, so still it must be said: " The judgments of the Lord are true and righteous alto gether." With malice toward none ; with charity for all ; with firm ness in the right, as God gives us to see the right, let us 326 NATIONAL DOCUMENTS strive on to finish the work we are in; to bind up the nation s wounds; to care for him who shall have borne the battle, and for his widow, and his orphan to do all which may achieve and cherish a just and lasting peace among our selves, and with all nations. 327 Proclamation Declaring the Insurrection at an End 1866 Whereas by proclamations of the 15th and IQth of April, 1861, the President of the United States in virtue of the power vested in him by the Constitution and the laws, declared that the laws of the United States were opposed and the execution thereof obstructed in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisi ana, and Texas by combinations too powerful to be sup pressed by the ordinary course of judicial proceedings or by the powers vested in the marshals of the law ; and Whereas by another proclamation made on the 16th day of August, in the same year, in pursuance of an act of Con gress approved July 13, 1861, the inhabitants of the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Missis sippi, and Florida (except the inhabitants of the State of Virginia lying west of the Alleghany Mountains, and except also the inhabitants of such other parts of that State and the other States before named as might maintain a loyal adhesion to the Union and Constitution or might be from time to time occupied and controlled by forces of the United States engaged in the dispersion of the insurgents) were declared to be in a state of insurrection against the United States; and Whereas by another proclamation of the 1st of July, 1862, issued in pursuance of an act of Congress approved June 7, in the same year, the insurrection was declared to be still existing in the States aforesaid, with the excep tion of certain specified counties in the State of Virginia; and 328 NATIONAL DOCUMENTS Whereas by another proclamation made on the 2d day of April, 1863, in pursuance of an act of Congress of July 13, 1861, the exceptions named in the proclamation of August 16, 1861, were revoked and the inhabitants of the States of Georgia, South Carolina, North Carolina, Tennes see, Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and Virginia (except the forty-eight counties of Virginia designated as West Virginia and the ports of New Orleans, Key West, Port Royal, and Beaufort, in North Carolina) were declared to be still in a state of insurrection against the United States; and Whereas by another proclamation, of the 15th day of September, 1863, made in pursuance of the act of Congress approved March 3, 1863, the rebellion was declared to be still existing and the privilege of the writ of habeas corpus was in certain specified cases suspended throughout the United States, said suspension to continue throughout the duration of the rebellion or until said proclamation should, by a subsequent one to be issued by the President of the United States, be modified or evoked; and Whereas the House of Representatives on the 22d day of July, 1861, adopted a resolution in the following words, namely : Resolved by the House of Representatives of the Con gress of the United States, That the present deplorable civil war has been forced upon the country by the disunion- ists of the Southern States now in revolt against the consti tutional Government and in arms around the capitol; that in this national emergency Congress, banishing all feelings of mere passion or resentment, will recollect only its duty to the whole country; that this war is not waged upon our part in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of 329 NATIONAL DOCUMENTS those States; but to defend and maintain the supremacy of the Constitution and to preserve the Union, with all the dignity, equality, and rights of the several States, unim paired; and that as soon as these objects are accomplished the war ought to cease. And whereas the Senate of the United States on the 25th day of July, 1861, adopted a resolution in the words follow ing, to wit: Resolved, That the present deplorable civil war has been forced upon the country by the disunionists of the Southern States now in revolt against the constitutional Government and in arms around the capitol; that in this national emergency Congress, banishing all feelings of mere passion or resentment, will recollect only its own duty to the whole country; that this war is not prosecuted upon our part in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of those States; but to defend and maintain the supremacy of the Constitution and all laws made in pursuance there of and to preserve the Union, with all the dignity, equal ity, and rights of the several States unimpaired; that as soon as these objects are accomplished the war ought to cease. And whereas these resolutions though not joint or concur rent in form, are substantially identical, arid as such have hitherto been and yet are regarded as having expressed the sense of Congress upon the subj ect to which they relate ; and Whereas the President of the United States by procla mation of the 13th of June, 1865, declared that the insur rection in the State of Tennessee had been suppressed, and that the authority of the United States therein was undis puted, and such United States officers as had been duly 330 NATIONAL DOCUMENTS commissioned were in the undisturbed exercise of their official functions; and Whereas the President of the United States by further proclamation, issued on the 2d day of April, 1866, did promulgate and declare that there no longer existed any armed resistance of misguided citizens or others to the authority of the United States in any or in all the States before mentioned, excepting only the State of Texas, and did further promulgate and declare that the laws could be sustained and enforced in the several States before mentioned, except Texas, by the proper civil author ities, State or Federal, and that the people of the said States, except Texas, are well and loyally disposed and have conformed or will conform in their legislation to the condition of affairs growing out of the amendment to the Constitution of the United States prohibiting slavery within the jurisdiction of the United States; And did further declare in the same proclamation that it is the manifest determination of the American people that no State, of its own will, has a right or power to go out of, or separate itself from, or be separated from the American Union; and that, therefore, each State ought to remain and constitute an integral part of the United States ; And did further declare in the same last-mentioned proclamation that the several aforementioned States, except ing Texas, had in the manner aforesaid given satisfactory evidence that they acquiesce in this sovereign and important resolution of national unity; and Whereas the President of the United States in the same proclamation did further declare that it is believed to be a fundamental principle of government that the people who have revolted and who have been overcome and subdued must be dealt with so as to induce them voluntarily to become friends or else they must be held by absolute military 331 NATIONAL DOCUMENTS power or devastated so as to prevent them from ever again doing harm as enemies, which last-named policy is abhorrent to humanity and to freedom; and Whereas the President did in the same proclamation fur ther declare that the Constitution of the United States provides for constituent communities only as States, and not as Territories, dependencies, provinces, or protectorates ; And further, that such constituent States must necessa rily be, and by the Constitution and laws of the United States are, made equals and placed upon a like footing as to political rights, immunities, dignity, and power with the several States with which they are united ; And did further declare that the observance of political equality, as a principle of right and justice, is well calcu lated to encourage the people of the before-named States, except Texas, to become more and more constant and per severing in their new allegiance; and Whereas the President did further declare that standing armies, military occupation, martial law, military tribunals, and the suppression of the writ of habeas corpus are in times of peace dangerous to public liberty, incompatible with the individual right of the citizen, contrary .to the genius and spirit of our free institutions, and exhaustive of the national resources, and ought not, therefore, to be sanctioned or allowed except in cases of actual necessity for repelling invasion and suppressing insurrection or rebellion ; And the President did further, in the same proclamation, declare that the policy of the Government of the United States from the beginning of the insurrection to its over throw and final suppression had been conducted in conform ity with the principles in the last-named proclamation recited; and Whereas the President, in the said proclamation, of the 332 NATIONAL DOCUMENTS 13th of June, 1865, upon the grounds therein stated and hereinbefore recited, did then and thereby proclaim and declare that the insurrection which heretofore existed in the several States before named, except in Texas, was at an end and was therefore to be so regarded; and Whereas subsequently to the said 2d day of April, 1866, the insurrection in the State of Texas has been completely and everywhere suppressed and ended and the authority of the United States has been successfully and completely established in the said State of Texas and now remains therein unassisted and undisputed, and such of the proper United States officers as have been duly commissioned within the limits of the said State are now in the undisturbed exercise of their official functions; and Whereas the laws can now be sustained and enforced in the said State of Texas by the proper civil authority, State or Federal, and the people of the said State of Texas, like the people of the other States before named, are well and loyally disposed and have conformed or will conform in their legislation to the condition of affairs growing out of the amendment to the Constitution of the United States prohibiting slavery within the limits and jurisdiction of the United States; and Whereas all the reasons and conclusions set forth in regard to the several States therein specially named now apply equally and in all respects to the State of Texas, as well as to the other States which have been involved in the insurrection ; and Whereas adequate provision has been made by military orders to enforce the execution of the acts of Congress, aid the civil authorities, and secure obedience to the Con stitution and laws of the United States within the State of Texas if a resort to military force for such purpose should at any time be necessary: 333 NATIONAL DOCUMENTS Now therefore, I, Andrew Johnson, President of the United States, do hereby proclaim and declare that the insurrection which heretofore existed in the State of Texas is at an end and is to be henceforth so regarded in that State as in the other States before named in which the said insurrection was proclaimed to be at an end by the aforesaid proclamation of the 2d of April, 1866. And I do further proclaim that the said insurrection is at an end and that peace, order, and tranquility, and civil authority now exist in and throughout the whole United States of America. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. [Seal.] Done at the city of Washington, this 20th day of August, A. D. 1866, and of the Independence of the United States of America the ninety-first. ANDREW JOHNSON By the President: WILLIAM H. SEWARD, Secretary of State. 334, Treaty with Russia 1867 Convention between the United States of America and His Majesty the Emperor of Russia, for the Cession of the Russian Possessions in North America to the United States Concluded at Washington March 30, 1867; Ratification Advised by Senate April 9, 1867; Ratified by President May 28, 1867; Ratifications Exchanged at Washington June 20, 1867; Proclaimed, June 20, 1867. ^ The United States of America and His Majesty the Emperor of all the Russias, being desirous of strengthen ing, if possible, the good understanding which exists between them, have, for that purpose, appointed as their Plenipo tentiaries, the President of the United States, William H. Seward, Secretary of State; and His Majesty the Emperor of all the Russias, the Privy Counsellor Edward de Stoeckl, his Envoy Extraordinary and Minister Plenipotentiary to the United States; And the said Plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon and signed the following articles: ARTICLE I His Majesty the Emperor of all the Russias agrees to cede to the United States, by this convention, immediately upon the exchange of the ratifications thereof, all the terri tory and dominion now possessed by his said Majesty on the continent of America and in adjacent islands, the same being contained within the geographical limits herein set forth, to wit: The eastern limit is the line of demarcation between the Russian and the British possessions in North S35 NATIONAL DOCUMENTS America, as established by the convention between Russia and Great Britain, of February 28-16, 1825, and described in Articles III and IV of said convention, in the following terms : " Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the paral lel of 54 degrees 40 minutes north latitude, and between the 131st and 133d degree of west longitude (meridian of Greenwich), the said line shall ascend to the north along the channel called Portland Channel, as far as the point of the continent where it strikes the 56th degree of north lati tude; from this last-mentioned point, the line of demarca tion shall follow the summit of the mountains situated parallel to the coast, as far as the point of intersection of the 141st degree of west longitude (of the same meridian) ; and finally, from the said point of intersection, the said meridian line of the 141st degree, in its prolongation as far as the Frozen Ocean. " IV With reference to the line of demarcation laid down in the preceding article, it is understood " 1st That the island called Prince of Wales Island shall belong wholly to Russia " (now, by this cession to the United States). " 2d That whenever the summit of the mountains which extend in a direction parallel to the coast from the 56th degree of north latitude to the point of intersection of the 141st degree of west longitude shall prove to be at the distance of more than ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia as above mentioned (that is to say, the limit to the possessions ceded by this conven tion), shall be formed by a line parallel to the winding of the coast, and which shall never exceed the distance of ten marine leagues therefrom." 336 NATIONAL DOCUMENTS The western limit within which the territories and domin ion conveyed are contained passes through a point in Beh ring s Straits on the parallel of sixty-five degrees thirty minutes north latitude, at its intersection by the meridian which passes midway between the islands of Krusenstern or Ignalook, and the island of Ratmanoff, or Noonarbook, and proceeds due north without limitation, into the same Frozen Ocean. The same western limit, beginning at the same initial point, proceeds thence in a course nearly south west, through Behring s Straits and Behring s Sea, so as to pass midway between the northwest point of the island of St. Lawrence and the southeast point of Cape Choukotski, to the meridian of one hundred and seventy-two west longi tude; thence, from the intersection of that meridian, in a southwesterly direction, so as to pass midway between the island of Attou and the Copper Island of the Kormandorski couplet or group, in the North Pacific Ocean, to the meridian of one hundred and ninety-three degrees west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east of that meridian. ARTICLE II In the cession of territory and dominion made by the preceding article are included the right of property in all public lots and squares, vacant lands, and all public build ings, fortifications, barracks, and other edifices which are not private individual property. It is, however, understood and agreed, that the churches which have been built in the ceded territory by the Russian Government, shall remain the property of such members of the Greek Oriental Church resident in the territory as may choose to worship therein. Any Government archives, papers, and documents relative to the territory and dominion aforesaid, which may now 337 NATIONAL DOCUMENTS be existing there, will be left in the possession of the agent of the United States; but an authenticated copy of such of them as may be required, will be, at all times, given by the United States to the Russian Government, or to such Russian officers or subjects as they may apply for. ARTICLE III The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subj ect to such laws and regu lations as the United States may from time to time adopt in regard to aboriginal tribes of that country. ARTICLE IV His Majesty, the Emperor of all the Russias shall appoint, with convenient despatch, an agent or agents for the purpose of formally delivering to a similar agent or agents, appointed on behalf of the United States, the terri tory, dominion, property, dependencies, and appurtenances which are ceded as above, and for doing any other act which may be necessary in regard thereto. But the cession, with the right of immediate possession, is nevertheless to be deemed complete and absolute on the exchange of ratifica tions, without waiting for such formal delivery. NATIONAL DOCUMENTS ARTICLE V Immediately after the exchange of the ratifications of this convention, any fortifications or military posts which may be in the ceded territory shall be delivered to the agent of the United States, and any Russian troops which may be in the territory shall be withdrawn as soon as may be reasonably and conveniently practicable. ARTICLE VI In consideration of the cession aforesaid, the United States agree to pay at the Treasury in Washington, within ten months after the exchange of the ratifications of this convention, to the diplomatic representative or other agent of His Majesty the Emperor of all the Russias, duly authorized to receive the same, seven million two hundred thousand dollars in gold. The cession of territory and dominion herein made is hereby declared to be free and unincumbered by any reservations, privileges, franchises, grants, or possessions, by any associated companies, whether corporate or incorporate, Russian or any other, or by any parties, except merely private individual property-holders; and the cession hereby made conveys all the rights, fran chises, and privileges now belonging to Russia in the said territory or dominion, and appurtenances thereto. ARTICLE VII When this convention shall have been duly ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part, and, on the other, by His Majesty the Emperor of all the Russias, the ratifi- NATIONAL DOCUMENTS cations shall be exchanged at Washington within three months from the date thereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this convention, and thereto affixed the seals of their arms. Done at Washington the thirtieth day of March, in the year of our Lord one thousand eight hundred and sixty- seven. WILLIAM H. SEWARD [L. s.] EDOUARD DE STOECKL [L. s.] 340 Treaty with Great Britain 1871 Treaty between the United States of America and Her Britannic Majesty for an Amicable Settlement of all Causes of Difference between the Two Countries, Concluded at Washington May 8, 1871; Ratification Advised by Senate May 24, 1871; Ratified by President May 25, 1871; Rati fications Exchanged at London June 17, 1871; Proclaimed July 4, 1871. The United States of America and Her Britannic Maj esty, being desirous to provide for an amicable settlement of all causes of difference between the two countries, have for that purpose appointed their respective Plenipoten tiaries, that is to say: The President of the United States has appointed, on the part of the United States, as Com missioners in a Joint High Commission and Plenipoten tiaries, Hamilton Fish, Secretary of State, Robert Gumming Schenck, Envoy Extraordinary and Minister Plenipotentiary to Great Britain; Samuel Nelson, an Associate Justice of the Supreme Court of the United States; Ebenezer Rockwood Hoar, of Massachusetts; and George Henry Williams, of Oregon; and Her Britannic Majesty, on her part, has appointed as her High Commis sioners and Plenipotentiaries, the Right Honourable George Frederick Samuel, Earl de Grey and Earl of Ripon, Vis count Goderich, Baron Grantham, a Baronet, a Peer of the United Kingdom, Lord President of Her Majesty s Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, etc., etc. ; the Right Honourable Sir Stafford Henry Northcote, Baronet, one of Her Majesty s Most Honourable Privy Council, a Member of Parliament, a NATIONAL DOCUMENTS Companion of the Most Honourable Order of the Bath, etc., etc. ; Sir Edward Thornton, Knight Commander of the Most Honourable Order of the Bath, Her Majesty s Envoy Extraordinary and Minister Plenipotentiary to the United States of America; Sir John Alexander Macdonald, Knight Commander of the Most Honourable Order of the Bath, a Member of Her Majesty s Privy Council for Canada, and Minister of Justice and Attorney General of Her Majesty s Dominion of Canada; and Mountague Bernard, Esquire, Chichele Professor of International Law in the University of Oxford. And the said Plenipotentiaries, after having exchanged their full powers, which were found to be in due and proper form, have agreed to and concluded the following articles: ARTICLE I Whereas differences have arisen between the Government of the United States and the Government of Her Britannic Mjajesty, and still exist, growing out of the acts committed by the several vessels which have given rise to the claims generically known as the " Alabama Claims : " And whereas Her Britannic Majesty has authorized her High Commissioners and Plenipotentiaries to express, in a friendly spirit, the regret felt by Her Majesty s Govern ment for the escape, under whatever circumstances, of the Alabama and other vessels from British ports, and for the depredations committed by those vessels: Now, in order to remove and adjust all complaints and claims on the part of the United States, and to provide for the speedy settlement of such claims which are not admitted by Her Britannic Majesty s Government, the high contract ing parties agree that all the said claims, growing out of acts committed by the aforesaid vessels, and generically 342 NATIONAL DOCUMENTS known as the "Alabama Claims/ shall be referred to a tribunal of arbitration to be composed of five Arbitrators, to be appointed in the following manner, that is to say: One shall be named by the President of the United States; one shall be named by Her Britannic Majesty; His Maj esty the King of Italy shall be requested to name one; the President of the Swiss Confederation shall be requested to name one; and His Majesty the Emperor of Brazil shall be requested to name one. In case of the death, absence, or incapacity to serve of any or either of the said Arbitrators, or, in the event of either of the said Arbitrators omitting or declining or ceasing to act as such, the President of the United States, or Her Britannic Majesty, or His Majesty the King of Italy, or the President of the Swiss Confederation, or His Majesty the Emperor of Brazil, as the case may be, may forthwith name another person to act as Arbitrator in the place and stead of the Arbitrator originally named by such head of a State. And in the event of the refusal or omission for two months after receipt of the request from either of the high contracting parties of His Majesty the King of Italy, or the President of the Swiss Confederation, or His Majesty the Emperor of Brazil, to name an Arbitrator either to fill the original appointment or in the place of one who may have died, be absent, or incapacitated, or who may omit, decline, or from any cause cease to act as such Arbitrator, His Majesty the King of Sweden and Norway shall be requested to name one or more persons, as the case may be, to act as such Arbitrator or Arbitrators. ARTICLE II The Arbitrators shall meet at Geneva, in Switzerland, at the earliest convenient day after they shall have been named, 343 NATIONAL DOCUMENTS and shall proceed impartially and carefully to examine and decide all questions that shall be laid before them on the part of the Governments of the United States and Her Britannic Majesty respectively. All questions considered by the tribunal, including the final award, shall be decided by a majority of all the Arbitrators. Each of the high contracting parties shall also name one person to attend the tribunal as its Agent to represent it generally in all matters connected with the arbitration. ARTICLE III The written or printed case of each of the two parties, accompanied by the documents, the official correspondence, and other evidence on which each relies, shall be delivered in duplicate to each of the Arbitrators and to the Agent of the other party as soon as may be after the organization of the tribunal, but within a period not exceeding six months from the date of the exchange of the ratifications of this treaty. ARTICLE IV Within four months after the delivery on both sides of the written or printed case, either party may, in like man ner, deliver in duplicate to each of the said Arbitrators, and to the Agent of the other party, a counter case and addi tional documents, correspondence, and evidence, in reply to the case, documents, correspondence, and evidence so presented by the other party. The Arbitrators may, however, extend the time for deliv ering such counter case, documents, correspondence, and evidence, when, in their judgment, it becomes necessary, in consequence of the distance of the place from which the evidence to be presented is to be procured. 344 NATIONAL DOCUMENTS If in the case submitted to the Arbitrators either party shall have specified or alluded to any report or document in its own exclusive possession without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof ; and either party may call upon the other, through the Arbi trators, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Arbitrators may require. ARTICLE V It shall be the duty of the Agent of each party, within two months after the expiration of the time limited for the delivery of the counter case on both sides, to deliver in duplicate to each of the said Arbitrators and to the Agent of the other party a written or printed argument showing the points and referring to the evidence upon which his Government relies; and the Arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argument, or oral argument by counsel, upon it; but in such case the other party shall be entitled to reply either orally or in writing, as the case may be. ARTICLE VI In deciding the matters submitted to the Arbitrators, they shall be governed by the following three rules, which are agreed upon by the high contracting parties as rules to be taken as applicable to the case, and by such principles of international law not inconsistent therewith as the Ar bitrators shall determine to have been applicable to the case. 345 NATIONAL DOCUMENTS RULES A neutral Government is bound First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such juris diction, to warlike use. Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the base of naval oper ations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruit ment of men. Thirdly, to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties. Her Britannic Majesty has commanded her High. Com missioners and Plenipotentiaries to declare that Her Maj esty s Government cannot assent to the foregoing rules as a statement of principles of international law which were in force at the time when the claims mentioned in Article I arose, but that Her Majesty s Government, in order to evince its desire of strengthening the friendly relations between the two countries and of making satisfactory pro vision for the future, agrees that in deciding the questions between the two countries arising out of those claims, the Arbitrators should assume that Her Majesty s Government had undertaken to act upon the principles set forth in these rules. 346 NATIONAL DOCUMENTS And the high contracting parties agree to observe these rules as between themselves in future, and to bring them to the knowledge of other maritime Powers, and to invite them to accede to them. ARTICLE VII The decision of the tribunal shall, if possible, be made within three months from the close of the argument on both sides. It shall be made in writing and dated, and shall be signed by the Arbitrators who may assent to it. The said tribunal shall first determine as to each vessel separately whether Great Britain has, by any act or omis sion, failed to fulfil any of the duties set forth in the fore going three rules, or recognized by the principles of inter national law not inconsistent with such rules, and shall certify such fact as to each of the said vessels. In case the tribunal find that Great Britain has failed to fulfil any duty or duties as aforesaid, it may, if it think proper, pro ceed to award a sum in gross to be paid by Great Britain to the United States for all the claims referred to it; and in such case the gross sum so awarded shall be paid in coin by the Government of Great Britain to the Government of the United States, at Washington, within twelve months after the date of the award. The award shall be in duplicate, one copy whereof shall be delivered to the Agent of the United States for his Government, and the other copy shall be delivered to the Agent of Great Britain for his Government. ARTICLE VIII Each Government shall pay its own Agent and provide for the proper remuneration of the counsel employed by it 347 NATIONAL DOCUMENTS and of the Arbitrator appointed by it, and for the expense of preparing and submitting its case to the tribunal. All other expenses connected with the arbitration shall be defrayed by the two Governments in equal moieties. ARTICLE IX The Arbitrators shall keep an accurate record of their proceedings, and may appoint and employ the necessary officers to assist them. ARTICLE X In case the tribunal finds that Great Britain has failed to fulfil any duty or duties as aforesaid, and does not award a sum in gross, the high contracting parties agree that a board of assessors shall be appointed to ascertain and determine what claims are valid, and what amount or amounts shall be paid by Great Britain to the United States on account of the liability arising from such failure, as to each vessel, according to the extent of such liability as decided by the Arbitrators. The board of assessors shall be constituted as follows: One member thereof shall be named by the President of the United States, one member thereof shall be named by Her Britannic Majesty, and one member thereof shall be named by the Representative at Washington of His Maj esty the King of Italy; and in case of a vacancy happening from any cause, it shall be filled in the same manner in which the original appointment was made. As soon as possible after such nominations the board of assessors shall be organized in Washington, with power to hold their sittings there, or in New York, or in Boston. The members thereof shall severally subscribe a solemn declara tion that they will impartially and carefully examine and 348 NATIONAL DOCUMENTS decide, to the best of their judgment and according to justice and equity, all matters submitted to them, and shall forthwith proceed, under such rules and regulations as they may prescribe, to the investigation of the claims which shall be presented to them by the Government of the United States, and shall examine and decide upon them in such order and manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the Governments of the United States and of Great Britain, respectively. They shall be bound to hear on each separate claim, if required, one person on behalf of each Government, as counsel or agent. A majority of the Assessors in each case shall be sufficient for a decision. The decision of the Assessors shall be given upon each claim in writing, and shall be signed by them respectively and dated. Every claim shall be presented to the Assessors within six months from the day of their first meeting, but they may, for good cause shown, extend the time for the presen tation of any claim to a further period not exceeding three months. The Assessors shall report to each Government, at or before the expiration of one year from the date of their first meeting, the amount of claims decided by them up to the date of such report ; if further claims then remain unde cided, they shall make a further report at or before the expiration of two years from the date of such first meeting; and in case any claims remain undetermined at that time, they shall make a final report within a further period of six months. The report or reports shall be made in duplicate, and one copy thereof shall be delivered to the Secretary of State of the United States, and one copy thereof to the Represent ative of Her Britannic Majesty at Washington. 349 NATIONAL DOCUMENTS All sums of money which may be awarded under this article shall be payable at Washington, in coin, within twelve months after the delivery of each report. The board of assessors may employ such clerks as they shall think necessary. The expenses of the board of assessors shall be borne equally by the two Governments, and paid from time to time, as may be found expedient, on the production of accounts certified by the board. The remuneration of the Assessors shall also be paid by the two Governments in equal moieties in a similar manner. ARTICLE XI The high contracting parties engage to consider the result of the proceedings of the tribunal of arbitration and of the board of Assessors, should such board be appointed, as a full, perfect, final settlement of all the claims hereinbefore referred to, and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the tribunal or board, shall, from and after the conclusion of the pro ceedings of the tribunal or board, be considered and treated as finally settled, barred, and thenceforth inadmissible. ARTICLE XII The high contracting parties agree that all claims on the part of corporations, companies, or private individuals, citizens of the United States, upon the Government of Her Britannic Majesty, arising out of acts committed against the persons or property of citizens of the United States during the period between the thirteenth of April, eighteen hundred and sixty-one, and the ninth of April, eighteen 350 NATIONAL DOCUMENTS hundred and sixty-five, inclusive, not being claims growing out of the acts of the vessels referred to in Article I of this treaty, and all claims, with the like exception, on the part of corporations, companies, or private individuals, subjects of Her Britannic Majesty, upon the Government of the United States, arising out of acts committed against the persons or property of subjects of Her Britannic Majesty during the same period, which may have been presented to either Government for its interposition with the other, and which yet remain unsettled, as well as any other such claims which may be presented within the time specified in Article XIV of this treaty, shall be referred to three Commissioners, to be appointed in the following manner, that is to say: One Commissioner shall be named by the President of the United States, one by Her Britannic Majesty, and a third by the President of the United States and Her Britannic Majesty conjointly; and in case the third Commissioner shall not have been so named within a period of three months from the date of the exchange of the ratifications of this treaty, then the third Commissioner shall be named by the Repre sentative at Washington of His Majesty the King of Spain. In case of the death, absence, or incapacity of any Commis sioner, or in the event of any Commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appoint ment; the period of three months in case of such substitu tion being calculated from the date of the happening of the vacancy. The Commissioners so named shall meet, at Washington at the earliest convenient period after they have been respec tively named; and shall, before proceeding to any business, make and subscribe a solemn declaration that they will im partially and carefully examine and decide, to the best of their judgment, and according to justice and equity, all such 351 NATIONAL DOCUMENTS claims as shall be laid before them on the part of the Govern ments of the United States and of Her Britannic Majesty, respectively; and such declaration shall be entered on the record of their proceedings. ARTICLE XIII The Commissioners shall then forthwith proceed to the investigation of the claims which shall be presented to them. They shall investigate and decide such claims in such order and such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of the respective Governments. They shall be bound to receive and consider all written documents or state ments which may be presented to them by or on behalf of the respective Governments in support of, or in answer to, Any claim, and to hear, if required, one person on each side, on behalf of each Government, as counsel or agent for such Government, on each and every separate claim. A majority of the Commissioners shall be sufficient for an award in each case. The award shall be given upon each claim in writing, and shall be signed by the Commissioners assenting to it. It shall be competent for each Government to name one person to attend the Commissioners as its agent, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected with the investigation and decision thereof. The high contracting parties hereby engage to consider the decision of the Commissioners as absolutely final and conclusive upon each claim decided upon by them, and to give full effect to such decisions without any objection, evasion, or delay whatsoever. 352 NATIONAL DOCUMENTS ARTICLE XIV Every claim shall be presented to the Commissioners within six months from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of the Commissioners, and then, and in any such case, the period for presenting the claim may be extended by them to any time not exceeding three months longer. The Commissioners shall be bound to examine and decide upon every claim within two years from the day of their first meeting. It shall be competent for the Commissioners to decide in each case whether any claim has or has not been duly made, preferred, and laid before them, either wholly or to any and what extent, according to the true intent and meaning of this treaty. ARTICLE XV All sums of money which may be awarded by the Com missioners on account of any claim shall be paid by the one Government to the other, as the case may be, within twelve months after the date of the final award, without interest, and without any deduction save as specified in Article XVI of this treaty. ARTICLE XVI The Commissioners shall keep an accurate record, and correct minutes or notes of all their proceedings, with the dates thereof, and may appoint and employ a secretary, and any other necessary officer, or officers, to assist them in the transaction of the business which may come before them. Each Government shall pay its own Commissioner and 353 NATIONAL DOCUMENTS Agent or Counsel. All other expenses shall be defrayed by the two Governments in equal moieties. The whole expenses of the commission, including con tingent expenses,, shall be defrayed by a ratable deduction on the amount of the sums awarded by the Commissioners,, provided always that such deduction shall not exceed the rate of five per cent, on the sums so awarded. ARTICLE XVII The high contracting parties engage to consider the result of the proceedings of this commission as a full, perfect, and final settlement of all such claims as are mentioned in Article XII of this treaty upon either Government; and fur ther engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and after the conclusion of the proceedings of the said commission, be considered and treated as finally settled, barred, and thence forth inadmissible. ARTICLE XVIII It is agreed by the high contracting parties that, in addi tion to the liberty secured to the United States fishermen by the convention between the United States and Great Britain, signed at London on the 20th day of October, 1818, of taking, curing, and drying fish on certain coasts of the British North American Colonies therein defined, the inhabit ants of the United States shall have, in common with the sub jects of Her Britannic Majesty, the liberty, for the term of years mentioned in Article XXXIII of this treaty, to take fish of every kind, except shell-fish, on the sea-coasts arid shores, and in the bays, harbours, and creeks, of the provinces of Quebec, Nova Scotia, and New Brunswick, and the colony 354, NATIONAL DOCUMENTS of Prince Edward s Island, and of the several islands there unto adjacent, without being restricted to any distance from the shore, with permission to land upon the said coasts and shores and islands, and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish ; provided that, in so doing, they do not interfere with the rights of private property, or with British fishermen, in the peaceable use of any part of the said coasts in their occupancy for the same purpose. It is understood that the above-mentioned liberty applies solely to the sea fishery, and that the salmon and shad fish eries, and all other fisheries in rivers and the mouths of rivers, are hereby reserved exclusively for British fishermen. ARTICLE XIX It is agreed by the high contracting parties that British subjects shall have, in common with the citizens of the United States, the liberty, for the term of years mentioned in Article XXXIII of this treaty, to take fish of every kind, except shell-fish, on the eastern sea-coasts and shores of the United States north of the thirty-ninth parallel of north latitude, and on the shores of the several islands thereunto adjacent, and in the bays, harbours, and creeks of the said sea-coasts and shores of the United States and of the said islands, without being restricted to any distance from the shore, with permission to land upon the said coasts of the United States and of the islands aforesaid, for the purpose of drying their nets and curing their fish; provided that, in so doing, they do not interfere with the rights of private property, or with the fishermen of the United States in the peaceable use of any part of the said coasts in their occu pancy for the same purpose. 355 NATIONAL DOCUMENTS It is understood that the above-mentioned liberty applies solely to the sea fishery, and that salmon and shad fisheries, and all other fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States. ARTICLE XX It is agreed that the places designated by the Commis sioners appointed under the first article of the treaty between the United States and Great Britain, concluded at Washington on the 5th of June, 1854, upon the coasts of Her Britannic Majesty s dominions and the United States, as places reserved for the common right of fishing under that treaty, shall be regarded as in like manner reserved from the common right of fishing under the preceding articles. In case any question should arise between the Governments of the United States and of Her Britannic Majesty as to the common right of fishing in places not thus designated as reserved, it is agreed that a commission shall be appointed to designate such places, and shall be constituted in the same manner, and have the same powers, duties, and authority as the commission appointed under the said first article of the treaty of the 5th of June, 1854. ARTICLE XXI It is agreed that, for the term of years mentioned in Article XXXIII of this treaty, fish oil and fish of all kinds (except fish of the inland lakes, and of the rivers falling into them, and except fish preserved in oil), being the prod uce of the fisheries of the United States, or of the Dominion of Canada, or of Prince Edward s Island, shall be admitted into each country, respectively free of duty. 356 NATIONAL DOCUMENTS ARTICLE XXII Inasmuch as it is asserted by the Government of Her Britannic Majesty that the privileges accorded to the citi zens of the United States under Article XVIII of this treaty are of greater value than those accorded by Articles XIX and XXI of this treaty to the subjects of Her Britannic Majesty, and this assertion is not admitted by the Govern ment of the United States, it is further agreed that Com missioners shall be appointed to determine, having regard to the privileges accorded by the United States to the sub jects of Her Britannic Majesty, as stated in Articles XIX and XXI of this treaty, the amount of any compensation which, in their opinion, ought to be paid by the Government of the United States to the Government of Her Britannic Majesty in return for the privileges accorded to the citizens of the United States under Article XVIII of this treaty; and that any sum of money which the said Commissioners may so award shall be paid by the United States Government, in a gross sum, within twelve months after such award shall have been given. ARTICLE XXIII The Commissioners referred to in the preceding article shall be appointed in the following manner, that is to say: One Commissioner shall be named by the President of the United States, one by Her Britannic Majesty, and a third by the President of the United States and Her Britannic Majesty conjointly; and in case the third Commissioner shall not have been so named within a period of three months from the date when this article shall take effect, then the third Commissioner shall be named by the Representative at London of His Majesty the Emperor of Austria and King of Hungary. In case of the death, absence, or inca- 357 NATIONAL DOCUMENTS pacity of any Commissioner, or in the event of any Com missioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appointment,, the period of three months in case of such substitution being calculated from the date of the happening of the vacancy. The Commissioners so named shall meet in the city of Halifax, in the province of Nova Scotia, at the earliest convenient period after they have been respectively named, and shall, before proceeding to any business, make and sub scribe a solemn declaration that they will impartially and carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity; and such declaration shall be entered on the record of their proceedings. Each of the high contracting parties shall also name one person to attend the commission as its Agent, to represent it generally in all matters connected with the commission. ARTICLE XXIV The proceedings shall be conducted in such order as the Commissioners appointed under Articles XXII and XXIII of this treaty shall determine. They shall be bound to receive such oral or written testimony as either Government may present. If either party shall offer oral testimony, the other party shall have the right of cross-examination, under such rules as the Commissioners shall prescribe. If in the case submitted to the Commissioners either party shall have specified or alluded to any report or docu ment in its own exclusive possession, without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof; and either party may call upon the other, through 358 NATIONAL DOCUMENTS the Commissioners, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Commissioners may require. The case on either side shall be closed within a period of six months from the date of the organization of the Commis sion,, and the Commissioners shall be requested to give their award as soon as possible thereafter. The aforesaid period of six months may be extended for three months in case of a vacancy occurring among the Commissioners under the circumstances contemplated in Article XXIII of this treaty. ARTICLE XXV The Commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and may appoint and employ a Secretary and other necessary officer or officers to assist them in the transaction of the business which may come before them. Each of the high contracting parties shall pay its own Commissioner and Agent or Counsel; all other expenses shall be defrayed by the two Governments in equal moieties. ARTICLE XXVI The navigation of the river St. Lawrence, ascending and descending, from the forty-fifth parallel of north latitude, where it ceases to form the boundary between the two coun tries, from, to, and into the sea, shall forever remain free and open for the purposes of commerce to the citizens of the United States, subject to any laws and regulations of Great Britain, or of the Dominion of Canada, not inconsistent with such privilege of free navigation. The navigation of the rivers Yukon, Porcupine, and Stik- 359 NATIONAL DOCUMENTS ine, ascending and descending from,, to, and into the sea, shall forever remain free and open for the purposes of com merce to the subjects of Her Britannic Majesty and to the citizens of the United States, subject to any laws and regu lations of either country within its own territory, not incon sistent with such privilege of free navigation. ARTICLE XXVII The Government of Her Britannic Majesty engages to urge upon the Government of the Dominion of Canada to secure to the citizens of the United States the use of the Welland, St. Lawrence, and other canals in the Dominion on terms of equality with the inhabitants of the Dominion ; and the Government of the United States engages that the subjects of Her Britannic Majesty shall enjoy the use of the St. Clair Flats canal on terms of equality with the inhabitants of the United States, and further engages to urge upon the State Governments to secure to the subjects of Her Britannic Majesty the use of the several State canals connected with the navigation of the lakes or rivers traversed by or contiguous to the boundary line between the possessions of the high contracting parties, on terms of equality with the inhabitants of the United States. ARTICLE XXVIII The navigation of Lake Michigan shall also, for the term of years mentioned in Article XXXIII of this treaty, be free and open for the purposes of commerce to the subjects of Her Britannic Majesty, subject to any laws and regula tions of the United States or of the States bordering thereon not inconsistent with such privilege of free navigation. 360 NATIONAL DOCUMENTS ARTICLE XXIX It is agreed that, for the term of years mentioned in Article XXXIII of this treaty, goods, wares, or merchan dise arriving at the ports of New York, Boston, and Port land, and any other ports in the United States which have been or may, from time to time, be specially designated by the President of the United States, and destined for Her Britannic Majesty s possessions in North America, may be entered at the proper custom-house and conveyed in transit, without the payment of duties, through the territory of the United States, under such rules, regulations, and conditions for the protection of the revenue as the Government of the United States may from time to time prescribe ; and under like rules, regulations, and conditions, goods, wares, or mer chandise may be conveyed in transit, without the payment of duties, from such possessions through the territory of the United States for export from the said ports of the United States. It is further agreed that, for the like period, goods, wares, or merchandise arriving at any of the ports of Her Britannic Majesty s possessions in North America, and destined for the United States, may be entered at the proper custom house and conveyed in transit, without the payment of duties, through the said possessions, under such rules and regu lations, and conditions for the protection of the revenue, as the Governments of the said possessions may from time to time prescribe; and, under like rules, regulations, and conditions, goods, wares, or merchandise may be conveyed in transit, without payment of duties, from the United States through the said possessions to other places in the United States, or for export from ports in the said possessions. 361 NATIONAL DOCUMENTS ARTICLE XXX It is agreed that, for the terms of years mentioned in Article XXXIII of this treaty, subjects of Her Britannic Majesty may carry in British vessels, without payment of duty, goods, wares, or merchandise from one port or place within the territory of the United States upon the St. Law rence, the great lakes, and the rivers connecting the same, to another port or place within the territory of the United States as aforesaid : Provided, That a portion of such trans portation is made through the Dominion of Canada by land carriage and in bond, under such rules and regulations as may be agreed upon between the Government of Her Bri tannic Majesty and the Government of the United States. Citizens of the United States may for the like period carry in United States vessels, without payment of duty, goods, wares, or merchandise from one port or place within the possessions of Her Britannic Majesty in North America to another port or place within the said possessions: Pro vided, That a portion of such transportation is made through the territory of the United States by land carriage and in bond, under such rules and regulations as may be. agreed upon between the Government of the United States and the Government of Her Britannic Majesty. The Government of the United States further engages not to impose any export duties on goods, wares, or mer chandise carried under this article through the territory of the United States; and Her Majesty s Government engages to urge the Parliament of the Dominion of Canada and the Legislatures of the other colonies not to impose any export duties on goods, wares, or merchandise carried under this article ; and the Government of the United States may, in case such export duties are imposed by the Dominion of Canada, suspend, during the period that such duties are 362 NATIONAL DOCUMENTS imposed, the right of carrying granted under this article in favor of the subjects of Her Britannic Majesty. The Government of the United States may suspend the right of carrying granted in favor of the subjects of Her Britannic Majesty under this article, in case the Dominion of Canada should at any time deprive the citizens of the United States of the use of the canals in the said Dominion on terms of equality with the inhabitants of the Dominion, as provided in Article XXVII. ARTICLE XXXI The Government of Her Britannic Majesty further engages to urge upon the Parliament of the Dominion of Canada and the Legislature of New Brunswick, that no export duty, or other duty, shall be levied on lumber or timber of any kind cut on that portion of the American ter ritory in the State of Maine watered by the river St. John and its tributaries, and floated down that river to the sea, when the same is shipped to the United States from the province of New Brunswick. And, in case any such export or other duty continues to be levied after the expiration of one year from the date of the exchange of ratifications of this treaty, it is agreed that the Government of the United States may suspend the right of carrying hereinbefore granted under Article XXX of this treaty for such period as such export or other duty may be levied. ARTICLE XXXII It is further agreed that the provisions and stipulations of Articles XVIII to XXV of this treaty, inclusive, shall extend to the colony of Newfoundland, so far as they are ap plicable. But if the Imperial Parliament, the Legislature of 363 NATIONAL DOCUMENTS Newfoundland, or the Congress of the United States, shall not embrace the colony of Newfoundland in their laws enacted for carrying the foregoing articles into effect, then this article shall be of no effect; but the omission to make provision by law to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair any other articles of this treaty. ARTICLE XXXIII The foregoing Articles XVIII to XXV, inclusive, and Article XXX of this treaty, shall take effect as soon as the laws required to carry them into operation shall have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward s Island on the one hand, and by the Congress of the United States on the other. Such assent having been given, the said articles shall remain in force for the period of ten years from the date at which they may come into operation; and further until the expiration of two years after either of the high contracting parties shall have given notice to the other of its wish to terminate the same; each of the high contracting parties being at liberty to give such notice to the other at the end of the said period of ten years or at any time afterward. ARTICLE XXXIV Whereas it is stipulated by Article I of the treaty con cluded at Washington on the 15th of June, 1846, between the United States and Her Britannic Majesty, that the line of boundary between the territories of the United States and those of Her Britannic Majesty, from the point on the forty-ninth parallel of north latitude up to which it had 364 NATIONAL DOCUMENTS already been ascertained, should be continued westward along the said parallel of north latitude " to the middle of the channel which separates the continent from Vancouver s Island,, and thence southerly, through the middle of the said channel and of Fuca Straits, to the Pacific Ocean;" and whereas the Commissioners appointed by the two high con tracting parties to determine that portion of the boundary which runs southerly through the middle of the channel aforesaid, were unable to agree upon the same ; and whereas the Government of Her Britannic Majesty claims that such boundary line should, under the terms of the treaty above recited, be run through the Rosario Straits, and the Govern ment of the United States claims that it should be run through the Canal de Haro, it is agreed that the respective claims of the Government of the United States and of the Government of Her Britannic Majesty shall be submitted to the arbitration and award of His Majesty the Emperor of Germany, who, having regard to the above-mentioned article of the said treaty, shall decide thereupon, finally and without appeal, which of those claims is most in accord ance with the true interpretation of the treaty of June 15, 1846. ARTICLE XXXV The award of His Majesty the Emperor of Germany shall be considered as absolutely final and conclusive; and full effect shall be given to such award without any objec tion, evasion, or delay whatsoever. Such decision shall be given in writing and dated; it shall be in whatsoever form His Majesty may choose to adopt; it shall be delivered to the Representatives or other public Agents of the United States and of Great Britain, respectively, who may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereof. 365 NATIONAL DOCUMENTS ARTICLE XXXVI The written or printed case of each of the two parties, accompanied by the evidence offered in support of the same, shall be laid before His Majesty the Emperor of Germany within six months from the date of the exchange of the ratifications of this treaty, and a copy of such case and evidence shall be communicated by each party to the other, through their respective Representatives at Berlin. The high contracting parties may include in the evidence to be considered by the Arbitrator such documents, official correspondence, and other official or public statements bear ing on the subject of the reference as they may consider necessary to the support of their respective cases. After the written or printed case shall have been com municated by each party to the other, each party shall have the power of drawing up and laying before the Arbitrator a second and definitive statement, if it think fit to do so, in reply to the case of the other party so communicated, which definitive statement shall be so laid before the Arbitrator, and also be mutually communicated in the same manner as aforesaid, by each party to the other, within six months from the date of laying the first statement of the case before the Arbitrator. ARTICLE XXXVII If, in the case submitted to the Arbitrator, either party shall specify or allude to any report or document in its own exclusive possession without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof, and either party may call upon the other, through the Arbitrator, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable 366 NATIONAL DOCUMENTS notice as the Arbitrator may require. And if the Arbitrator should desire further elucidation or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to require it from either party, and he shall be at liberty to hear one Counsel or Agent for each party, in relation to any matter, and at such time, and in such manner, as he may think fit. ARTICLE XXXVIII The Representatives or other public Agents of the United States and of Great Britain at Berlin, respectively, shall be considered as the Agents of their respective Governments to conduct their cases before the Arbitrator, who shall be requested to address all his communications and give all his notices to such Representatives or other public Agents, who shall represent their respective Governments generally, in all matters connected with the arbitration. ARTICLE XXXIX It shall be competent to the Arbitrator to proceed in the said arbitration, and all matters relating thereto, as and when he shall see fit, either in person, or by a person or persons named by him for that purpose, either in the pres ence or absence of either or both Agents, and either orally or by written discussion or otherwise. ARTICLE XL The Arbitrator may, if he think fit, appoint a Secretary, or Clerk, for the purposes of the proposed arbitration, at such rate of remuneration as he shall think proper. This, and all other expenses of and connected with the said arbi tration, shall be provided for as hereinafter stipulated. 367 NATIONAL DOCUMENTS ARTICLE XLI The Arbitrator shall be requested to deliver, together with his award, an account of all the costs and expenses which he may have been put to in relation to this matter, which shall forthwith be repaid by the two Governments in equal moieties. ARTICLE XLII The Arbitrator shall be requested to give his award in writing as early as convenient after the whole case on each side shall have been laid before him, and to deliver one copy thereof to each of the said Agents. ARTICLE XLIII The present treaty shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifications shall be exchanged either at Washington or at London within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. Done in duplicate at Washington the eighth day of May, in the year of our Lord one thousand eight hundred and seventy-one. [L. s.] HAMILTON FISH [L. S.] ROBT. C. SCHENCK [L. s.] SAMUEL NELSON [L. s.] EBENEZER ROCKWOOD HOAR [L. s.] GEO. H. WILLIAMS [L. s.] DE GREY & RIPON [L. s.] STAFFORD H. NORTHCOTE [L. s.] EDWD. THORNTON [L. s.] JOHN A. MACDONALD [L. S.] MOUNTAGUE BERNARD 368 Annexation of the Hawaiian Islands 1898 Joint Resolution To provide for annexing the Hawaiian Islands to the United States Whereas the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by its constitution, to cede absolutely and without reserve to the United States of America all rights of sover eignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States the absolute fee and ownership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining: Therefore, Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That said cession is accepted, ratified, and confirmed, and that the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America. The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands ; but the Congress of the United States shall enact special laws for their management and disposition: Provided, That all revenue from or proceeds of the same, except as regards 369 NATIONAL DOCUMENTS such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes. Until Congress shall provide for the government of such islands all the civil, judicial, and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned. The existing treaties of the Hawaiian Islands with for eign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be here after concluded, between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfillment of the treaties so extin guished, and not inconsistent with this joint resolution nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine. Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged. The public debt of the Republic of Hawaii, lawfully existing at the date of the passage of this joint resolution, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States ; but the liability of the United States in this regard shall in no case exceed four million dollars. 370 NATIONAL DOCUMENTS So long, however, as the existing Government and the pres ent commercial relations of the Hawaiian Islands are con tinued as hereinbefore provided said Government shall continue to pay the interest on said debt. There shall be no further immigration cff Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States; and no Chinese, by reason of anything herein con tained, shall be allowed to enter the United States from the Hawaiian Islands. The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the Hawaiian Islands as they shall deem necessary or proper. SEC. 2. That the commissioners hereinbefore provided for shall be appointed by the President, by and with the advice and consent of the Senate. SEC. 3. That the sum of one hundred thousand dollars, or so much thereof as may be necessary, is hereby appropri ated, out of any money in the Treasury not otherwise appropriated, and to be immediately available, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect. APPROVED, July 7, 1898. 371 Recognition of the Independence of Cuba 1898 Joint Resolution for the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the Island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect. Whereas the abhorrent conditions which have existed for more than three years in the Island of Cuba, so near our own borders, have shocked the moral sense of the people of the United States, have been a disgrace to Christian civilization, culminating, as they have, in the destruction of a United States battle ship, with two hundred and sixty-six of its officers and crew, while on a friendly visit in the harbor of Havana, and can not longer be endured, as has been set forth by the President of the United States in his message to Congress of April eleventh, eighteen hundred and ninety- eight, upon which the action of Congress was invited: Therefore, Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, First. That the people of the Island of Cuba are, and of right ought to be, free and independent. Second. That it is the duty of the United States to demand, and the Government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the Island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters. S72 NATIONAL DOCUMENTS Third. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into the actual service of the United States the militia of the several States, to such extent as may be necessary to carry these resolutions into effect. Fourth. That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdiction, or control over said Islands except for the pacification thereof, and asserts its determination, when that is accom plished, to leave the government and control of the Island to its people. APPROVED, April 20, 1898. $79 Treaty with Spam 1898 Treaty of Peace between the United States of America and the Kingdom of Spain, Signed at Paris, December 10, 1 898 ; ratification advised by the Senate, February 6, 1 899 ; ratified by the President, February 6, 1899; ratified by Her Majesty the Queen Regent of Spain, March 19, 1899; ratifications exchanged at Washington, April 11, 1899; pro claimed at Washington, April 11, 1899. THE UNITED STATES OF AMERICA AND HER MAJESTY THE QUEEN REGENT OF SPAIN, IN THE NAME OF HER AUGUST SON DON ALFONSO XIII, desiring to end the state of war now existing between the two countries, have for that purpose appointed as Plenipotentiaries: THE PRESIDENT OF THE UNITED STATES, WILLIAM R. DAY, CUSHMAN K. DAVIS, WILLIAM P. FRYE, GEORGE GRAY, and WHITELAW REID, citizens of the United States ; AND HER MAJESTY THE QUEEN REGENT OF SPAIN, DON EUGENIO MONTERO Rios, President of the. Senate, DON BUENAVENTURA DE ABARZUZA, Senator of the King dom, and ex- Minister of the Crown, DON JOSE DE GARNICA, Deputy to the Cortes and Asso ciate Justice of the Supreme Court; DON WENCESLAO RAMIREZ DE VILLA-URRUTIA, Envoy Extraordinary and Minister Plenipotentiary at Brussels, and DON RAFAEL CERERO, General of Division; Who, having assembled in Paris, and having exchanged their full powers, which were found to be in due and proper form, have, after discussion of the matters before them, agreed upon the following articles: 374 NATIONAL DOCUMENTS ARTICLE I Spain relinquishes all claim of sovereignty over and title to Cuba. And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property. ARTICLE II Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones. ARTICLE III Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line: A line running from west to east along or near the twen tieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty -seventh (127th) degree meridian of longitude east of Greenwich to the par allel of four degrees and forty five minutes (4 45 ) north latitude, thence along the parallel of four degrees and forty-five minutes (4 45 ) north latitude to its intersec tion with the meridian of longitude one hundred and nine teen degrees and thirty-five minutes (119 35 ) east of Greenwich, thence along the meridian of longitude one 375 NATIONAL DOCUMENTS hundred and nineteen degrees and thirty-five minutes (119 35 ) east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 40 ) north, thence along the parallel of latitude seven degrees and forty minutes (7 40 ) north to its intersection with the one hundred and six teenth (116th) degree meridian of longitude east of Green wich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hun dred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning. The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty. ARTICLE IV The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States. ARTICLE v The United States will, upon the signature of the present treaty, send back to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of Manila by the American forces. The arms of the soldiers in ques tion shall be restored to them. Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar to those agreed upon 376 NATIONAL DOCUMENTS by the Commissioners appointed to arrange for the evacua tion of Porto Rico and other islands in the West Indies, under the Protocol of August 12, 1898, which is to continue in force till its provisions are completely executed. The time within which the evacuation of the Philippine Islands and Guam shall be completed shall be fixed by the two Governments. Stands of colors, uncaptured war vessels, small arms, guns of all calibres, with their carriages and accessories, powder, ammunition, live stock, and materials and supplies of all kinds, belonging to the land and naval forces of Spain in the Philippines and Guam, remain the property of Spain. Pieces of heavy ordnance, exclusive of field artillery, in the fortifications and coast defences, shall remain in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty; and the United States may, in the meantime, pur chase such material from Spain, if a satisfactory agreement between the two Governments on the subject shall be reached. ARTICLE VI Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offences, in connection with the insurrections in Cuba and the Philippines and the war with the United States. Reciprocally, the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines. The Government of the United States will at its own cost return to Spain and the Government of Spain will at its own cost return to the United States, Cuba, Porto Rico, and the Philippines, according to the situation of their respective 377 NATIONAL DOCUMENTS homes, prisoners released or caused to be released by them, respectively, under this article. ARTICLE VII The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either Government, or of its citizens or subjects, against the other Government, that may have arisen since the begin ning of the late insurrection in Cuba and prior to the exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war. The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this article. ARTICLE VIII In conformity with the provisions of Articles I, II, and III of this treaty, Spain relinquishes in Cuba, and cedes in Porto Rico and other islands in the West Indies, in the island of Guam, and in the Philippine Archipelago, all the build ings, wharves, barracks, forts, structures, public highways and other immovable property which, in conformity with law, belong to the public domain, and as such belong to the Crown of Spain. And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding para graph refers, cannot in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of provinces, municipalities, pub lic or private establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded, or of private individuals, of whatsoever nationality such individuals may be. 378 NATIONAL DOCUMENTS The aforesaid relinquishment or cession, as the case may be, includes all documents exclusively referring to the sover eignty relinquished or ceded that may exist in the archives of the Peninsula. Where any document in such archives only in part relates to said sovereignty, a copy of such part will be furnished whenever it shall be requested. Like rules shall be reciprocally observed in favor of Spain in request of documents in the archives of the islands above referred to. In the aforesaid relinquishment or cession, as the case may be, are also included such rights as the Crown of Spain and its authorities possess in respect of the official archives and records, executive as well as judicial, in the islands above referred to, which relate to said islands or the rights and property of their inhabitants. Such archives and rec ords shall be carefully preserved, and private persons shall without distinction have the right to require, in accordance with law, authenticated copies of the contracts, wills and other instruments forming part of notarial protocols or files, or which may be contained in the executive or judicial archives, be the latter in Spain or in the islands aforesaid. ARTICLE IX Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relin quishes or cedes her sovereignty, may remain in such terri tory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dis pose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within 379 NATIONAL DOCUMENTS a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the national ity of the territory in which they may reside. The civil rights and political status of the native inhabit ants of the territories hereby ceded to the United States shall be determined by the Congress. ARTICLE X The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion. ARTICLE XI The Spaniards residing in the territories over which Spain by this treaty cedes or relinquishes her sovereignty shall be subject in matters civil as well as criminal to the jurisdiction of the courts of the country wherein they reside, pursuant to the ordinary laws governing the same; and they shall have the right to appear before such courts, and to pursue the same course as citizens of the country to which the courts belong. ARTICLE XII Judicial proceedings pending at the time of the exchange of ratifications of this treaty in the territories over which Spain relinquishes or cedes her sovereignty shall be deter mined according to the following rules: (1) Judgments rendered either in civil suits between private individuals, or in criminal matters, before the date mentioned, and with respect to which there is no recourse or right of review under the Spanish law, shall be deemed to 380 NATIONAL DOCUMENTS be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out. (2) Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending or in the court that may be substituted therefor. (3) Criminal actions pending on the date mentioned before the Supreme Court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its, jurisdiction until final judgment; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose. ARTICLE XIII The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba, and in Porto Rico, the Philippines and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not subversive of public order in the terri tories in question, shall continue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the date of the exchange of the ratifications of this treaty. ARTICLE XIV Spain shall have the power to establish consular officers in the ports and places of the territories, the sovereignty over which has been either relinquished or ceded by the present treaty. ARTICLE XV The Government of each country will, for the term of ten years, accord to the merchant vessels of the other country 381 NATIONAL DOCUMENTS the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage duties, as it accords to its own merchant vessels, not engaged in the coastwise trade. This article may at any time be terminated on six months* notice given by either Government to the other. ARTfCLE XVI It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon the termination of such occupancy, advise any Government established in the island to assume the same obligations. ARTICLE XVII The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain ; and the ratifications shall be exchanged at Wash ington within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. Done in duplicate at Paris, the tenth day of December, in the year of Our Lord one thousand eight hundred and ninety-eight. [SEAL.] WILLIAM R. DAY [SEAL.] CUSHMAN K. DAVIS [SEAL.] WM. P. FRYE [SEAL.] GEO. GREY [SEAL.] WHITELAW REID 382 Reciprocal Commercial Convention between the United States and Cuba 1902 The President of the United States of America and the President of the Republic of Cuba, animated by the desire to strengthen the bonds of friendship between the two countries, and to facilitate their commercial intercourse by improving the conditions of trade between them, have re solved to enter into a convention for that purpose, and have appointed their respective Plenipotentiaries, to-wit: The President of the United States of America, the Honorable General Tasker H. Bliss; The President of the Republic of Cuba, the Honorable Carlos de Zaldo y Beurmann, Secretary of State and Justice, and the Honorable Jose M. Garcia y Montes, Sec retary of the Treasury; Who, after an exchange of their full powers found to be in good and due form, have, in consideration of and in compensation for the respective concessions and engage ments made by each to the other as hereinafter recited, agreed and do hereby agree upon the following Articles for the regulation and government of their reciprocal trade, namely : ARTICLE I During the term of this convention, all articles of merchandise being the product of the soil or industry of the United States which are now imported into the Re public of Cuba free of duty, and all articles of merchandise being the product of the soil or industry of the Republic of Cuba which are now imported into the United States 383 NATIONAL DOCUMENTS free of duty, shall continue to be so admitted by the re spective countries free of duty. ARTICLE II During the term of this convention, all articles of mer chandise not included in the foregoing Article I and being the product of the soil or industry of the Republic of Cuba imported into the United States shall be admitted at a reduction of twenty percentum of the rates of duty there on as provided by the Tariff Act of the United States ap proved July 24, 1897, or as may be provided by any tariff law of the United States subsequently enacted. ARTICLE III During the term of this convention, all articles of mer chandise not included in the foregoing Article I and not hereinafter enumerated, being the product of the soil or industry of the United States, imported into the Republic of Cuba shall be admitted at a reduction of twenty per centum of the rates of duty thereon as now provided or as may hereafter be provided in the Customs Tariff of said Republic of Cuba. ARTICLE IV During the term of this convention, the following articles of merchandise as enumerated and described in the existing Customs Tariff of the Republic of Cuba, being the product of the soil or industry of the United States imported into Cuba shall be admitted at the following respective reduc tions of the rates of duty thereon as now provided or as may hereafter be provided in the Customs Tariff of the Republic of Cuba. 384 NATIONAL DOCUMENTS SCHEDULE A To be admitted at a reduction of twenty-five (25) per- centum : Machinery and apparatus of copper or its alloys or ma chines and apparatus in which copper or its alloys enter as the component of chief value; cast iron, wrought iron and steel, and manufactures thereof; articles of crystal and glass, except window glass; ships and water borne vessels of all kinds, of iron or steel ; whiskies and brandies ; fish, salted, pickled, smoked or marinated; fish or shellfish, preserved in oil or otherwise in tins; articles of pottery or earthenware now classified under Paragraphs 21 and 22 of the Customs Tariff of the Republic of Cuba. SCHEDULE B To be admitted at a reduction of thirty (30) percentum: Butter; flour of wheat; corn; flour of corn or corn meal; chemical and pharmaceutical products and simple drugs; malt liquors in bottles; non-alcoholic beverages; cider; min eral waters; colors and dyes; window glass; complete or partly made up articles of hemp, flax, pita, jute, henequen, ramie, and other vegetable fibers now classified under the paragraphs of Group 2, Class V, of the Customs Tariff of the Republic of Cuba ; musical instruments ; writing and printing paper, except for newspapers; cotton and manu factures thereof, except knitted goods (see Schedule C) ; all articles of cutlery ; boots, shoes and slippers, now classi fied under Paragraphs 197 and 1Q8 of the Customs Tariff of the Republic of Cuba; gold and silver plated ware; drawings, photographs, engravings, lithographs, cromo- lithographs, oleographs, etc., printed from stone, zinc, alu- 385 NATIONAL DOCUMENTS minium, or other material, used as labels, flaps, bands and wrappers for tobacco or other purposes, and all the other papers (except paper for cigarettes, and excepting maps and charts), pasteboard and manufactures thereof, now classified under Paragraphs 157 to 164 inclusive of the Customs Tariff of the Republic of Cuba; common or ordinary soaps, now classified under Paragraph 105, letters "A" and " B," of the Customs Tariff of the Re public of Cuba; vegetables, pickled or preserved in any manner; all wines except those now classified under Paragraph 279 (a) of the Customs Tariff of the Republic of Cuba. SCHEDULE C To be admitted at a reduction of forty (40) percentum: Manufactures of cotton, knitted, and all manufactures of cotton not included in the preceding schedules; cheese; fruits, preserved; paper pulp; perfumery and essences; articles of pottery and earthenware now classified under Paragraph 20 of the Customs Tariff of the Republic of Cuba; porcelain; soaps, other than common, now classified under Paragraph 105 of the Customs Tariff of the Repub lic of Cuba; umbrellas and parasols; dextrine and glucose; watches; wool and manufactures thereof; silk and manu factures thereof; rice; cattle. ARTICLE v It is understood and agreed that the laws and regula tions adopted, or that may be adopted, by the United States and by the Republic of Cuba, to protect their revenues and prevent fraud in the declarations and proofs that the articles of merchandise to which this convention may apply are the product or manufacture of the United States and 386 NATIONAL DOCUMENTS the Republic of Cuba, respectively, shall not impose any additional charge or fees therefor on the articles imported, excepting the consular fees established, or which may be established, by either of the two countries for issuing ship ping documents, which fees shall not be higher than those charged on the shipments of similar merchandise from any other nation whatsoever. ARTICLE VI It is agreed that the tobacco, in any form, of the United States or of any of its insular possessions, shall not enjoy the benefit of any concession or rebate of duty when im ported into the Republic of Cuba. ARTICLE VII It is agreed that similar articles of both countries shall receive equal treatment on their importation into the ports of the United States and of the Republic of Cuba, re spectively. ARTICLE VIII The rates of duty herein granted by the United States to the Republic of Cuba are and shall continue during the term of this convention preferential in respect to all like imports from other countries, and, in return for said preferential rates of duty granted to the Republic of Cuba by the United States, it is agreed that the concession herein granted on the part of the said Republic of Cuba to the products of the United States shall likewise be, and shall continue, during the term of this convention, prefer ential in respect to all like imports from other countries: Provided, That while this convention is in force, no sugar imported from the Republic of Cuba, and being the product 387 NATIONAL DOCUMENTS of the soil or industry of the Republic of Cuba, shall be admitted into the United States at a reduction of duty greater than twenty percentum of the rates of duty thereon as provided by the tariff act of the United States approved July 24, 1897, and no sugar, the product of any other foreign country, shall be admitted by treaty or convention into the United States, while this convention is in force, at a lower rate of duty than that provided by the tariff act of the United States approved July 24, 1897. ARTICLE IX In order to maintain the mutual advantages granted in the present convention by the United States to the Re public of Cuba and by the Republic of Cuba to the United States, it is understood and agreed that any tax or charge that may be imposed by the national or local authorities of either of the two countries upon the articles of mer chandise embraced in the provisions of this convention, subsequent to importation and prior to their entering into consumption in the respective countries, shall be imposed and collected without discrimination upon like articles whencesoever imported. ARTICLE X It is hereby understood and agreed that in case of changes in the tariff of either country which deprive the other of the advantage which is represented by the per centages herein agreed upon, on the actual rates of the tariffs now in force, the country so deprived of this pro tection reserves the right to terminate its obligations under this convention after six months notice to the other of its intention to arrest the operations thereof. And it is further understood and agreed that if, at any time during the term of this convention, after the expira- 388 NATIONAL DOCUMENTS tion of the first year, the protection herein granted to the products and manufactures of the United States on the basis of the actual rates of the tariff of the Republic of Cuba now in force, should appear to the government of the said Republic to be excessive in view of a new tariff law that may be adopted by it after this convention becomes opera tive, then the said Republic of Cuba may reopen negotia tions with a view to securing such modifications as may appear proper to both contracting parties. ARTICLE XI The present convention shall be ratified by the appro priate authorities of the respective countries, and the rati fications shall be exchanged at Washington, District of Columbia, United States of America, as soon as may be before the thirty-first day of January, 1Q03, and the con vention shall go into effect on the tenth day after the exchange of ratifications, and shall continue in force for the terms of five (5) years from date of going into effect, and from year to year thereafter until the expiration of one year from the day when either of the contracting parties shall give notice to the other of its intention to terminate the same. This convention shall not take effect until the same shall have been approved by the Congress. In witness whereof we, the respective Plenipotentiaries, have signed the same in duplicate, in English and Spanish, and have affixed our respective seals, at Havana, Cuba, this eleventh day of December, in the year one thousand nine hundred and two. TASKER H. BLISS. [SEAL] CARLOS DE ZALDO. [SEAL] JOSE M. GARCIA MONTES. [SEAL] 389 Supplementary Convention between the United States and Cuba 1903 Extending the Time within which may be Exchanged the Ratifications of the Commercial Convention Signed on De cember 11, 1902. Signed at Washington, January 26, 1903. Ratification advised by the Senate, February 16, 1903. Ratified by the President, March 30, 1903. Ratified by Cuba, March 30, 1903. Ratifications exchanged at Wash ington, March 31, 1903. Proclaimed, December 17, 1903. By the President of the United States of America. A PROCLAMATION Whereas a Supplementary Convention between the United States of America and the Republic of Cuba, ex tending the time within which may be exchanged the ratifi cations of the Commercial Convention signed at Habana, December 11, 1902, was concluded and signed by their respective Plenipotentiaries at Washington, on the twenty- sixth day of January, one thousand nine hundred and three, the original of which Supplementary Convention, being in the English and Spanish languages, is word for word as follows : The President of the United States of America and the President of the Republic of Cuba considering it expe dient to prolong the period within which, by Article XI of the Commercial Convention, signed by their respective plenipotentiaries at Habana on December 11, 1902, the exchange of ratifications of the said Convention shall take 390 NATIONAL DOCUMENTS place, have for that purpose appointed their respective Plenipotentiaries, namely : The President of the United States of America, John Hay, Secretary of State of the United States of America; and The President of Cuba, Gonzalo de Quesada, Envoy Ex traordinary and Minister Plenipotentiary to the United States ; Who, after having communicated each to the other their respective full powers which were found to be in good and due form, have agreed upon the following additional and amendatory article to be taken as a part of said Conven tion: SOLE ARTICLE The respective ratifications of the said Convention shall be exchanged as soon as possible, and within two months from January 31, 1903. Done in duplicate at Washington this twenty-sixth day of January A. D. 1903. JOHN HAY. [SEAL] GONZALO DE QUESADA. [SEAL] And whereas the said Supplementary Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Wash ington, on the thirty-first day of March, one thousand nine hundred and three; Now, therefore, be it known that I, THEODORE ROOSEVELT, President of the United States of Amer ica, have caused the said Supplementary Convention to be made public, to the end that the sole article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. 391 NATIONAL DOCUMENTS In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington, this seven- [SEAL] teenth day of December, in the year of our Lord one thousand nine hundred and three, and of the Independence of the United States the one hundred . and twenty-eighth. THEODORE ROOSEVELT. By the President: JOHN HAY, Secretary of State. 392 Convention between the United States and the Republic of Panama 1904 For the Construction of a Ship Canal to Connect the Waters of the Atlantic and Pacific Oceans. Signed at Washington, November 18, 1903. Ratification advised by the Senate, February 23, 1904. Ratified by the President, February 25, 1904. Ratified by Panama, December 2, 1903. Ratifications exchanged at Washington, February 26, 1904. Proclaimed, February 26, 1904. By the President of the United States of America. A PROCLAMATION Whereas a Convention between the United States of America and the Republic of Panama to insure the con struction of a ship canal across the Isthmus of Panama to connect the Atlantic and Pacific Oceans, was concluded and signed by their respective Plenipotentiaries at Wash ington, on the eighteenth day of November, one thousand nine hundred and three, the original of which Convention, being in the English language, is word for word as follows : ISTHMIAN CANAL CONVENTION The United States of America and the Republic of Panama being desirous to insure the construction of a ship canal across the Isthmus of Panama to connect the Atlantic and Pacific Oceans, and the Congress of the United States of America having passed an act approved June 28, 1902, in furtherance of that object, by which the President of the United States is authorized to acquire within a reason* NATIONAL DOCUMENTS able time the control of the necessary territory of the Republic of Colombia, and the sovereignty of such terri tory being actually vested in the Republic of Panama, the high contracting parties have resolved for that purpose to conclude a convention and have accordingly appointed as their plenipotentiaries, The President of the United States of America, John Hay, Secretary of State, and The Government of the Republic of Panama, Philippe Bunau-Varilla, Envoy Extraordinary and Minister Pleni potentiary of the Republic of Panama, thereunto specially empowered by said government, who after communicating with each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles: ARTICLE I The United States guarantees and will maintain the in dependence of the Republic of Panama. ARTICLE II The Republic of Panama grants to the United States in perpetuity the use, occupation and control of a zone of land and land under water for the construction, main tenance, operation, sanitation and protection of said Canal of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the Canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles from mean low water mark and extending to and across the Isthmus of Panama into the Pacific Ocean to a distance of three marine miles from mean low water mark with the proviso that the cities of Panama and Colon and the harbors adjacent to said NATIONAL DOCUMENTS cities, which are included within the boundaries of the zone above described, shall not be included within this grant. The Republic of Panama further grants to the United States in perpetuity the use, occupation and con trol of any other lands and waters outside of the zone above described which may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal or of any auxiliary canals or other works necessary and convenient for the construc tion, maintenance, operation, sanitation and protection of the said enterprise. The Republic of Panama further grants in like manner to the United States in perpetuity all islands within the limits of the zone above described and in addition thereto the group of small islands in the Bay of Panama, named Perico, Naos, Culebra and Flamenco. ARTICLE III The Republic of Panama grants to the United States all the rights, power and authority within the zone men tioned and described in Article II of this agreement and within the limits of all auxiliary lands and waters men tioned and described in said Article II which the United States would possess and exercise if it were the sovereign of the territory within which said lands and waters are located to the entire exclusion of the exercise by the Re public of Panama of any such sovereign rights, power or authority. ARTICLE IV As rights subsidiary to the above grants the Republic of Panama grants in perpetuity to the United States the right to use the rivers, streams, lakes and other bodies of 395 NATIONAL DOCUMENTS water within its limits for navigation, the supply of water or water-power or other purposes, so far as the use of said rivers, streams, lakes and bodies of water and the waters thereof may be necessary and convenient for the construction, maintenance, operation, sanitation and pro tection of the said Canal. ARTICLE v The Republic of Panama grants to the United States in perpetuity a monopoly for the construction, maintenance and operation of any system of communication by means of canal or railroad across its territory between the Carib bean Sea and the Pacific Ocean. ARTICLE VI The grants herein contained shall in no manner invali date the titles or rights of private land holders or owners of private property in the said zone or in or to any of the lands or waters granted to the United States by the pro visions of any Article of this treaty, nor shall they inter fere with the rights of way over the public roads passing through the said zone or over any of the said lands or waters unless said rights of way or private rights shall conflict with rights herein granted to the United States in which case the rights of the United States shall be superior. All damages caused to the owners of private lands or pri vate property of any kind by reason of the grants contained in this treaty or by reason of the operations of the United States, its agents or employees, or by reason of the con struction, maintenance, operation, sanitation and protection of the said Canal or of the works of sanitation and pro- 396 NATIONAL DOCUMENTS tection herein provided for, shall be appraised and settled by a joint Commission appointed by the Governments of the United States and the Republic of Panama, whose de cisions as to such damages shall be final and whose awards as to such damages shall be paid solely by the United States. No part of the work on said Canal or the Panama railroad or on any auxiliary works relating thereto and authorized by the terms of this treaty shall be prevented, delayed or impeded by or pending such proceedings to ascertain such damages. The appraisal of said private lands and private property and the assessment of damages to them shall be based upon their value before the date of this convention. ARTICLE VII The Republic of Panama grants to the United States within the limits of the cities of Pananm and Colon and their adjacent harbors and within the territory adjacent thereto the right to acquire by purchase or by the exercise of the right of eminent domain, any lands, buildings, water rights or other properties necessary and convenient for the construction, maintenance, operation and protection of the Canal and of any works of sanitation, such as the collection and disposition of sewage and the distribution of water in the said cities of Panama and Colon, which, in the discre tion of the United States may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal and railroad. All such works of sanitation, collection and disposition of sewage and distribution of water in the cities of Panama and Colon shall be made at the expense of the United States, and the Government of the United States, its agents or nominees shall be authorized to impose and collect water 397 NATIONAL DOCUMENTS rates and sewage rates which shall be sufficient to provide for the payment of interest and the amortization of the principal of the cost of said works within a period of fifty years and upon the expiration of said term of fifty years the system of sewers and water works shall revert to and become the properties of the cities of Panama and Colon respectively, and the use of the water shall be free to the inhabitants of Panama and Colon, except to the extent that water rates may be necessary for the operation and maintenance of said system of sewers and water. The Republic of Panama agrees that the cities of Panama and Colon shall comply in perpetuity with the sanitary ordinances whether of a preventive or curative character prescribed by the United States and in case the Government of Panama is unable or fails in its duty to enforce this compliance by the cities of Panama and Colon with the sanitary ordinances of the United States the Re public of Panama grants to the United States the right and authority to enforce the same. The same right and authority are granted to the United States for the maintenance of public order in the cities of Panama and Colon and the territories and harbors adjacent thereto in case the Republic of Panama should not be, in the judgment of the United States, able to maintain such order. ARTICLE VIII The Republic of Panama grants to the United States all rights which it now has or hereafter may acquire to the property of the New Panama Canal Company and the Panama Railroad Company as a result of the transfer of sovereignty from the Republic of Colombia to the Republic of Panama over the Isthmus of Panama and authorizes the New Panama Canal Company to sell and transfer to 398 NATIONAL DOCUMENTS the United States its rights, privileges, properties and con cessions as well as the Panama Railroad and all the shares or part of the shares of that company ; but the public lands situated outside of the zone described in Article II of this treaty now included in the concessions to both said enter prises and not required in the construction or operation of the Canal shall revert to the Republic of Panama ex cept any property now owned by or in the possession of said companies within Panama or Colon or the ports or terminals thereof. ARTICLE IX The United States agrees that the ports at either en trance of the Canal and the waters thereof, and the Re public of Panama agrees that the towns of Panama and Colon shall be free for all time so that there shall not be imposed or collected custom house tolls, tonnage, anchor age, lighthouse, wharf, pilot, or quarantine dues or any other charges or taxes of any kind upon any vessel using or passing through the Canal or belonging to or employed by the United States, directly or indirectly, in connection with the construction, maintenance, operation, sanitation and protection of the main Canal, or auxiliary works, or upon the cargo, officers, crew, or passengers of any such vessels, except such tolls and charges as may be imposed by the United States for the use of the Canal and other works, and except tolls and charges imposed by the Re public of Panama upon merchandise destined to be intro duced for the consumption of the rest of the Republic of Panama, and upon vessels touching at the ports of Colon and Panama and which do not cross the Canal. The Government of the Republic of Panama shall have the right to establish in such ports and in the towns of Panama and Colon such houses and guards as it may deem NATIONAL DOCUMENTS necessary to collect duties on importations destined to other portions of Panama and to prevent contraband trade. The United States shall have the right to make use of the towns and harbors of Panama and Colon as places of an chorage, and for making repairs, for loading, unloading, depositing, or transshipping cargoes either in transit or destined for the service of the Canal and for other works pertaining to the Canal. ARTICLE X The Republic of Panama agrees that there shall not be imposed any taxes, national, municipal, departmental, or of any other class, upon the Canal, the railways and aux iliary works, tugs and other vessels employed in the service of the Canal, store houses, work shops, offices, quarters for laborers, factories of all kinds, warehouses, wharves, ma chinery and other works, property, and effects appertaining to the Canal or railroad and auxiliary works, or their officers or employees, situated within the cities of Panama and Colon, and that there shall not be imposed contribu tions or charges of a personal character of any kind upon officers, employees, laborers, and other individuals in the service of the Canal and railroad and auxiliary works. ARTICLE XI The United States agrees that the official dispatches of the Government of the Republic of Panama shall be transmitted over any telegraph and telephone lines estab lished for canal purposes and used for public and private business at rates not higher than those required from officials in the service of the United States. 400 NATIONAL DOCUMENTS ARTICLE XII The Government of the Republic of Panama shall per mit the immigration and free access to the lands and work shops of the Canal and its auxiliary works of all employees and workmen of whatever nationality under contract to work upon or seeking employment upon or in any wise connected with the said Canal and its auxiliary works, with their respective families, and all such persons shall be free and exempt from the military service of the Republic of Panama. ARTICLE XIII The United States may import at any time into the said zone and auxiliary lands, free of custom duties, imposts, taxes, or other charges, and without any restrictions, any and all vessels, dredges, engines, cars, machinery, tools, explosives, materials, supplies, and other articles necessary and convenient in the construction, maintenance, operation, sanitation and protection of the Canal and auxiliary works, and all provisions, medicines, clothing, supplies and other things necessary and convenient for the officers, em ployees, workmen and laborers in the service and employ of the United States and for their families. If any such articles are disposed of for use outside of the zone and auxiliary lands granted to the United States and within the territory of the Republic, they shall be subject to the same import or other duties as like articles imported under the laws of the Republic of Panama. ARTICLE XIV As the price or compensation for the rights, powers and privileges granted in this convention by the Republic of 401 NATIONAL DOCUMENTS Panama to the United States, the Government of the United States agrees to pay to the Republic of Panama the sum of ten million dollars ($10,000,000) in gold coin of the United States on the exchange of the ratification of this convention and also an annual payment during the life of this convention of two hundred and fifty thousand dol lars ($250,000) in like gold coin, beginning nine years after the date aforesaid. The provisions of this Article shall be in addition to all other benefits assured to the Republic of Panama under this convention. But no delay or difference of opinion under this Article or any other provisions of this treaty shall affect or inter rupt the full operation and effect of this convention in all other respects. ARTICLE xv The joint commission referred to in Article VI shall be established as follows: The President of the United States shall nominate two persons and the President of the Republic of Panama shall nominate two persons and they shall proceed to a decision ; but in case of disagreement of the Commission (by reason of their being equally divided in conclusion) an umpire shall be appointed by the two Governments who shall render the decision. In the event of the death, absence, or incapacity of a Commissioner or Umpire, or of his omitting, declining or ceasing to act, his place shall be filled by the appointment of another person in the manner above indicated. All decisions by a majority of the Com mission or by the umpire shall be final. 402 NATIONAL DOCUMENTS ARTICLE XVI The two Governments shall make adequate provision by future agreement for the pursuit, capture, imprisonment, detention and delivery within said zone and auxiliary lands to the authorities of the Republic of Panama of persons charged with the commitment of crimes, felonies or mis demeanors without said zone and for the pursuit, capture, imprisonment, detention and delivery without said zone to the authorities of the United States of persons charged with the commitment of crimes, felonies and misdemeanors within said zone and auxiliary lands. ARTICLE XVII The Republic of Panama grants to the United States the use of all the ports of the Republic open to commerce as places of refuge for any vessels employed in the Canal enterprise, and for all vessels passing or bound to pass through the Canal which may be in distress and be driven to seek refuge in said ports. Such vessels shall be exempt from anchorage and tonnage dues on the part of the Re public of Panama. ARTICLE XVIII The Canal, when constructed, and the entrances thereto shall be neutral in perpetuity, and shall be opened upon the terms provided for by Section I of Article three of, and in conformity with all the stipulations of, the treaty entered into by the Governments of the United States and Great Britain on November 18, 1Q01. 403 NATIONAL DOCUMENTS ARTICLE XIX The Government of the Republic of Panama shall have the right to transport over the Canal its vessels and its troops and munitions of war in such vessels at all times without paying charges of any kind. The exemption is to be extended to the auxiliary railway for the transpor tation of persons in the service of the Republic of Panama, or of the police force charged with the preservation of public order outside of said zone, as well as to their bag gage, munitions of war and supplies. ARTICLE XX If by virtue of any existing treaty in relation to the territory of the Isthmus of Panama, whereof the obliga tions shall descend or be assumed by the Republic of Panama, there may be any privilege or concession in favor of the Government or the citizens and subjects of a third power relative to an interoceanic means of communication which in any of its terms may be incompatible with the terms of the present convention, the Republic of Panama agrees to cancel or modify such treaty in due form, for which purpose it shall give to the said third power the requisite notification within the term of four months from the date of the present convention, and in case the existing treaty contains no clause permitting its modifications or annul ment, the Republic of Panama agrees to procure its modi fication or annulment in such form that there shall not exist any conflict with the stipulations of the present convention. 404 NATIONAL DOCUMENTS ARTICLE XXI The rights and privileges granted by the Republic of Panama to the United States in the preceding Articles are understood to be free of all anterior debts, liens, trusts, or liabilities, or concessions or privileges to other Govern ments, corporations, syndicates or individuals, and conse quently, if there should arise any claims on account of the present concessions and privileges or otherwise, the claimants shall resort to the Government of the Republic of Panama and not to the United States for any indemnity or compromise which may be required. ARTICLE XXII The Republic of Panama renounces and grants to the United States the participation to which it might be en titled in the future earnings of the Canal under Article XV of the concessionary contract with Lucien N. B. Wyse now owned by the New Panama Canal Company and any and all other rights or claims of a pecuniary nature arising under or relating to said concession, or arising under or relating to the concessions to the Panama Railroad Com pany or any extension or modification thereof; and it like wise renounces, confirms and grants to the United States, now and hereafter, all the rights and property reserved in the said concessions which otherwise would belong to Panama at or before the expiration of the terms of ninety- nine years of the concessions granted to or held by the above mentioned party and companies, and all right, title and interest which it now has or may hereafter have, in and to the lands, canal, works, property and rights held by the said companies under said concessions or otherwise, 405 NATIONAL DOCUMENTS and acquired or to be acquired by the United States from or through the New Panama Canal Company, including any property and rights which might or may in the future either by lapse of time, forfeiture or otherwise, revert to the Republic of Panama under any contracts or conces sions, with said Wyse, the Universal Panama Canal Com pany, the Panama Railroad Company and the New Panama Canal Company. The aforesaid rights and property shall be and are free and released from any present or reversionary interest in or claims of Panama and the title of the United States thereto upon consummation of the contemplated purchase by the United States from the New Panama Canal Com pany, shall be absolute, so far as concerns the Republic of Panama, excepting always the rights of the Republic specifically secured under this treaty. ARTICLE XXIII If it should become necessary at any time to employ armed forces for the safety or protection of the Canal, or of the ships that make use of the same, or the railways and auxiliary works, the United States shall have the right, at all times and in its discretion, to use its police and its land and naval forces or to establish fortifications for these purposes. ARTICLE XXIV No change either in the Government or in the laws and treaties of the Republic of Panama shall, without the con sent of the United States, affect any right of the United States under the present convention, or under any treaty stipulation between the two countries that now exists or 406 NATIONAL DOCUMENTS may hereafter exist touching the subject matter of this convention. If the Republic of Panama shall hereafter enter as a constituent into any other Government or into any union or confederation of states, so as to merge her sovereignty or independence in such Government, union or confedera tion, the rights of the United States under this convention shall not be in any respect lessened or impaired. ARTICLE XXV For the better performance of the engagements of this convention and to the end of the efficient protection of the Canal and the preservation of its neutrality, the Govern ment of the Republic of Panama will sell or lease to the United States lands adequate and necessary for naval or coaling stations on the Pacific coast and on the western Caribbean coast of the Republic at certain points to be agreed upon with the President of the United States. ARTICLE XXVI This convention when signed by the Plenipotentiaries of the Contracting Parties shall be ratified by the respective Governments and the ratifications shall be exchanged at Washington at the earliest date possible. In faith whereof the respective Plenipotentiaries have signed the present convention in duplicate and have here unto affixed their respective seals. Done at the City of Washington the 18th day of Novem ber in the year of our Lord nineteen hundred and three. JOHN HAY. [SEAL] P. BUNAU VARILLA. [SEAL] 407 NATIONAL DOCUMENTS And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the twenty- sixth day of February, one thousand nine hundred and four; Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington, this twenty-sixth day of February, in the year of our Lord one thou- [SEAL] sand nine hundred and four, and of the Inde pendence of the United States the one hundred and twenty-eighth. THEODORE ROOSEVELT. By the President: JOHN HAY, Secretary of State. 408 NOTES ON THE TEXT First Charter of Virginia 1606 [Text derived from Smith s History of Virginia.] The first English colony in America was planted by Sir Walter Raleigh in 1584? under a grant from Queen Eliza beth. After several ventures which came to nothing he gave up his hope of colonizing America. England was occupied with her war with Spain and for a time Virginia, which was the name given to the country at large, was forgotten. After the close of the war the interest in Virginia was renewed by the reports of some returned explorers and some enterprising gentlemen petitioned King James for a charter enabling them to plant colonies in the new world. This charter which is a typical one, was granted 10 April 1606 to an association having two branches, one having its headquarters in London and the other being established at Plymouth. AUTHORITIES Old Virginia and her Neighbors. Vol. I. John Fiske. Virginia, Maryland and the Carolinas. J. A. Doyle. A Short History of the English Colonies in America. Henry Cabot Lodge. The Making of Virginia and the Middle Colonies. S. A. Drake. The Mayflower Compact 1620 [Text derived from Bradford s History "Of Plimoth Plantation." Edition of 1899. From the original. The spelling is slightly modernized.] 409 NOTES ON THE TEXT This compact was made in the cabin of the Mayflower 21 November (11 November old style) 1620. The vessel had dropped anchor in Cape Cod harbor at noon and the Pilgrims were about to land and settle in the neighborhood. They carried with them a grant or patent from the London branch of the Virginia company but owing to foul weather instead of making the Virginia coast they had been driven to Cape Cod bay. All this northern coast belonged to the Plymouth company but the Pilgrims anticipated no trouble in securing a charter from that body. In the mean time there would be no recognized authority in the land where they were about to settle for the London company had no jurisdiction over New England. There was reason to fear that there were lawless spirits among the hired laborers on shipboard. Bradford says in his History of New Eng land that some of them " had let fall . . . that when they came ashore they would use their own liberty, for none had power to command them." " It was thought good/ says Mourt s Relation, " that there should be an association or agreement that we should combine together in one body; to submit to such government and Governors as we should, by common consent, agree to make or choose." The com pact was signed by 41 of the 65 adult male passengers of the Mayflower, seven of the signers being servants or hired laborers. 18 Northern parts of Virginia. The Pilgrims used the old name for New England. It was called North Virginia till Captain John Smith in 1614 proposed the name New England. AUTHORITIES New England s Memorial. Nathaniel Morton. History of New England. Vol. I. John Gorham Palfrey. The Pilgrim Fathers of New England. John Brown. 410 NOTES ON THE TEXT Articles of Confederation of the New England Colonies 1643 [Text derived from Bradford s History " Of Plimoth Plantation." Edition of 1899. From the original. The spelling is modernized.] A confederation of the New England colonies was first proposed in 1637. The matter was discussed from time to time but it was not till 1643 that commissioners from Plymouth, Connecticut, New Haven, and Massachusetts met at Boston to form a union. " These coming to a con sultation, encountered some difficulties; but being all de sirous of union and studious of peace, they readily yielded to each other in such things as tended to common utility, so as in some two or three meetings they lovingly accorded," wrote John Winthrop. The articles were signed 10 May by all the commis sioners except those from Plymouth, who had not been authorized to sign but they were soon ratified by the govern ment of that colony. In 1662 a charter was granted Con necticut. New Haven was annexed to that colony and the articles were revised in accordance with this change. The confederation came to an end when the charter of Mas sachusetts was revoked in 1684. 19 Further dispersed. The dispersion of the colonists was partly due to differences of opinion on theology and on questions touching the relations of church and state. Thomas Hooker, a pastor of the church at Newtown, Mas sachusetts, and his congregation of over a hundred migrated to the Connecticut valley because unlike the majority of the ministers he was opposed to a measure intended to increase the political weight of the clergy and maintained that the NOTES ON THE TEXT foundation of authority is laid in the free consent of the people. 19 People of several nations. The French were upon the eastern border, the Dutch upon the western, and the Swedes upon Delaware bay. 19 Combined . . . against us. " By reason of the plot ting of the Narragansetts . . . the Indians were drawn into a general conspiracy against the English," wrote Brad ford. 19 Sad distractions in England. War had begun be tween King Charles and parliament. If the Puritan cause should fail in England there was all the more need that New England should be a safe refuge for exiles. 19 Hindered . . . seeking advice. The colonists found it necessary to send some one to London to explain and defend the action of the colonies and Edward Winslow was chosen. He said to the king, "If we in America should forbear to unite for offence and defence against a common enemy till we have leave from England, our throats might all be cut before the messenger would be half seas through." 20 The Massachusetts. Massachusetts was incorpo rated under the name of " The Governor and Company of the Massachusetts Bay in New England." 20 Member of this confederation. Rhode Island asked to join the federation but was refused on the ground that she had no separate government. She was offered annexa tion to Massachusetts or Plymouth. 21 A true account and number. The population of the colonies was 24,000; 15,000 belonged to Massachusetts while the other colonies had only about 3,000 each. There were 39 towns. 21 An hundred men. Massachusetts had hesitated about joining a confederation in which she would have no more power than the smaller and less populous states and yet 412 NOTES ON THE TEXT would be obliged to bear more than an equal share of ex pense for the common safety. AUTHORITIES New England s Memorial. Nathaniel Morton. History of New England. Vols. I and II. John Gorham Palfrey. Beginnings of New England. John Fiske. The Pilgrim Fathers of New England. John Brown. The Puritan Colonies. Vol. I. J. A. Doyle. The Rise of the Republic of the United States. Richard Frothingham. A Typical Early Indian Treaty 1645 [Text derived from Historical Collection Consisting of State Papers. By Ebenezer Hazard, 1792-94.] The Narragansett and Mohegan Indians were the most powerful tribes in southern New England and they were constantly on the verge of war. In 1640 the colonists undertook to arbitrate and the tribes agreed not to make war upon each other without the consent of the English. The Narragansetts broke the agreement, attacked the Mohegans and were defeated. Uncas, the Mohegan chief, took Mian- tonomo, the Narragansett chief, prisoner, and after consulting with the colonists put him to death. The Narra gansetts claimed that a ransom had been paid for Mianto- nomo ; the Mohegans denied it. Again the English arbitrated and in September 1644 a truce was made, the Narra gansetts and their allies, the Nyanticks, promising not to commit any acts hostile to Uncas " till after the next plant ing of corn " and that before making war on the Mohegans they would give thirty days warning to the English. In 413 NOTES ON THE TEXT the following spring the Narragansetts again attacked the Mohegans. The Federal commissioners sent for the Narra- gansett and Nyantick chiefs to come "to declare and prove upon what occasions and grounds this war was thus broken out " and to be prepared to treat for peace. Instead of sending their chiefs the Narragansetts sent their defiance. The colonists at once prepared for war when the chiefs reconsidered the matter and presented themselves at Bos ton where a treaty was concluded 26 September 1645. 31 Peacotts. Pequots. In May 1637 a force of 77 colonists surprised the Pequot Indians and nearly annihi lated them. The few who survived were divided among the Narragansetts and Nyanticks and adopted by them. 33 Any parcel of land. The Narragansetts had sold a tract of land to the king of England through one Samuel Gorton who with some of his followers had been banished from the colonies for heresy. AUTHORITIES The History of New England. Vol. II. John Gorham Palfrey. Bradford s History " Of Plimoth Plantation." Historical Collection Consisting of State Papers. Com piled by Ebenezer Hazard. Declaration of Rights 1765 [Text derived from Journal of the First Congress of the American Colonies. Edition of 1845.] In March 1765 the British parliament passed an act called the Stamp Act which provided that no legal instru ment used in the American colonies should be valid unless it bore a government stamp. The measure aroused intense 414 NOTES ON THE TEXT indignation throughout the colonies. All the assemblies protested and there was a demand for a general congress to be held before the Stamp Act should go into effect. Delegates from nine colonies met in New York 7 October and continued in session fourteen days. The result was a declaration of rights which stated the right of the colonies to govern themselves as loyal subjects of the king but not under control of parliament. The declaration was adopted by congress 19 October and was sent to the king. In the following March the Stamp Act was repealed after one of the hottest debates that ever took place in the house of commons. The breach between the colonies and the mother country was healed for the present. There was an outburst of loyalty toward the king and nearly all the colonial as semblies voted an address of thanks to him. At the same time that the Stamp Act was repealed a Declaratory Act was passed which stated the right of the king " by and with the advice and consent " of parliament to make laws binding the colonies " in all cases whatsoever." In their joy at the repeal of the Stamp Act the Americans seem to have paid little heed to this measure which was largely responsible for their subsequent trouble. 34t This Congress. This is known as the Stamp Act congress. 35 Trial by jury. In order to put a stop to smuggling, admiralty courts created by parliament were to deal with all cases of violation of tariff laws without a trial by jury. The jurisdiction of these courts was gradually extended to other cases, thus robbing the colonists of one of the oldest rights of Englishmen. 35 Duties imposed. The Sugar Act was passed 5 April 1764. This imposed fresh and heavier taxes on sugar, wines, coffee and all goods brought from France and the East Indies. 415 NOTES ON THE TEXT 35 Restrictions . . . on the trade. In March 1764 the old Navigation Acts or tariff laws of the seventeenth cen tury were amended and extended. AUTHORITIES The Rise of the Republic of the United States. Richard Frothingham. The American Revolution. W. E. H. Lecky. The American Revolution. Vol. I. John Fiske. A Short History of the English Colonies in America. Henry Cabot Lodge. History of New England. Vol. V. John Gorham Palfrey. Declaration and Resolves of the First Continental Congress 1774 [Text derived from Journals of the American Congress from 1774 to 1778. Vol. I. Edition of 1823.] After the passage of the Boston Port Bill several of the Massachusetts towns sent a circular letter to the various colonies asking their sympathy and support. Some con certed action on the part of the colonies was seen to be necessary and calls for a continental congress came from New York and Virginia. Massachusetts was asked to ap point the date and place for the meeting of such a congress and her assembly on 17 June 1774 passed a resolve to send five delegates to meet delegates from the other colonies at Philadelphia on the first of the following September " to deliberate upon wise and proper measures to be by them recommended to all the colonies, for the recovery and estab lishment of their just rights and liberties, civil and relig- 416 NOTES ON THE TEXT ious, and the restoration of union and harmony between Great Britain and the colonies." The congress met 5 September and on 14 October after a session of five weeks agreed upon a declaration of rights. Four other papers were drawn up by this body an address to the people of Great Britain, a memorial to the inhabit ants of British America, an address to the king, and a non importation and non-exportation association. Of these documents the Earl of Chatham said in the house of lords, " When your lordships look at these papers transmitted us from America, when you consider their decency, firmness, and wisdom, you cannot but respect their cause and wish to make it your own. For myself, I must own that in all my reading and I have read Thucydides, and have studied and admired the master states of the world for solidity of reason, force of sagacity, and wisdom of conclusion under a complication of difficult circumstances, no body of men can stand in preference to the general con gress at Philadelphia. The histories of Greece and Rome can give us nothing equal to it, and all attempts to impose servitude upon such a mighty race must be in vain. We shall be forced ultimately to retract; let us retract when we can, not when we must." 37 The last war. The war between Great Britain and France terminated by the treaty of Paris, 1763. At first the congress intended to state the rights of the colonies in general with all the violations of such rights but it was decided to confine themselves " at present, to the consider ation of such rights as have been infringed by acts of the British Parliament since 1763." 37 Imposed rates and duties. Since the Declaration of Rights of 1 765 fresh taxes had been imposed. On 29 June 1767 a bill was passed laying duties on glass, lead, paper, painters colors and tea. By an act of 2 July 1 767 the tax 417 NOTES ON THE TEXT on tea was lowered so that it was cheaper for the colonists to buy it from England than to smuggle it from Holland. But the Americans stood out for the principle involved. A tax was a tax, no matter how small. On the other hand, though the revenue derived from the tea tax would be a mere trifle, Great Britain refused to remove it. She too was fighting for a principle. " To reduce the tea tax would stamp us with timidity," said the prime minister. 37 Board of commissioners. " An act to enable His Majesty to put the customs, and other duties, in the British dominions in America, and the execution of the laws relat ing to trade there, under the management of commissioners to be appointed for that purpose, and to be resident in the said dominions " was passed 29 June 1767. Formerly many of the commissioners lived in England and were under the authority of the high treasurer or of commissioners of the treasury. Now the resident commissioners were to have the same " powers and authorities " as formerly had been exercised by the commissioners of customs in England, " to the better securing of said rates and duties by the more speedy and effectual collection thereof." 37 Dependent on the crown. In 1772 an act was passed providing for the payment of the salaries of the Massa chusetts judges by the crown. The Massachusetts assem bly threatened to impeach the judges if they accepted salaries from the king. Since the judges were no longer dependent on the colonies for their salaries their tyranny was not likely to be checked for politic reasons as heretofore. 37 Standing armies. After the close of the French and Indian war Great Britain left a number of troops in Amer ica and compelled the colonists to contribute to their sup port. 37 Statute . . . Henry the Eighth, " This raking-up 418 NOTES ON THE TEXT of an obsolete statute, enacted at one of the worst periods of English history and before England had any colonies at all was extremely injudicious/ says John Fiske. 37 An act to discontinue . . . Boston. This was the Boston Port Act of 31 March 1774. 37 An act . . . for . . . Massachusetts-Bay. This measure, known as the Regulating Act, was passed 20 May 1774. " The act to alter the charter of Massachusetts," says H. C. Lodge, " firmly united the American colonies and divided the empire of England." 38 An act for . . . administration of justice. This act provided that if any British officer or soldier in Massa chusetts should be indicted for murder or other capital offence he should be tried in England. 38 Government . . . of Quebec. This refers to the Quebec Act of 1774. This measure " dealt with the recent conquests of England, gave toleration to the Roman Cath olics, erected an arbitrary government, and extended the bounds of the new province to the Ohio, absorbing the terri tory of the old colonies, and threatening the possessions of Virginia and Pennsylvania," comments H. C. Lodge. 38 Assemblies . . . dissolved. The assembly of New York was dissolved in 1767 because it refused to comply with the Quartering Act. The Massachusetts assembly was dissolved in 1768 and the Virginia house of burgesses in 1769- Other representative bodies were dissolved from time to time. 40 Right peaceably to assemble. By the Regulation Act the right of public meeting was practically denied. Only election meetings could be called by the selectmen without the consent of the governor in writing " express ing the special business of the said meeting." 40 Council appointed . . . by the Crown. The same act provided for the appointment of the council or upper 419 NOTES ON THE TEXT chamber of Massachusetts by the crown as already was the case in some of the other American colonies. 41 Judges certificate. The Administration of Justice Act provided that a British officer or soldier indicted for a crime in Massachusetts might have the attendance at his trial of any witness he chose, the witness to receive his expenses and a certificate from the governor that he had " entered into a recognizance to give evidence." 42 Providing suitable quarters. This refers to the Quartering Act of 2 June 1774. The Quartering Act of April 1765 obliged the colonists to provide the soldiers with lodgings, fuel, bedding, drink, soap and candles. 42 Non-importation . . . association. This measure was felt in England. The exports to the colonies in 1768 amounted to 2,378,000 1; in 1769 they fell to 1,634,000 1. AUTHORITIES American Archives. Fourth Series. Vol. I. Compiled by Peter Force. The Rise of the Republic of the United States. Richard Frothingham. The American Revolution. Vol. I. Sir George Otto Trevelyan. The American Revolution. W. E. H. Lecky. The American Revolution. Vol. I. John Fiske. A Brief History of the English Colonies in America. Henry Cabot Lodge. 420 NOTES ON THE TEXT Declaration of the Causes and Necessity of Taking up Arms 1775 [Text derived from Journals of the American Congress from 1774 to 1778. Vol. I. Edition of 1823.] The second continental congress met at Philadelphia 10 May 1775. Since its last session war with England had begun. The battles of Lexington and Concord had been fought, the provincial congress of Massachusetts had raised an army and Boston was virtually in a state of siege. The congress still declared itself for peace but it made prepara tions for war. On 15 June it passed a resolution offered by John Adams that the army at Boston be adopted and George Washington be appointed commander. Orders were issued for the enlistment and provisioning of troops and the erection of forts. In order to defray expenses notes to the value of $3,000,000 were to be issued in the name of the United Colonies. A committee was appointed 23 June to draw up "a declaration setting forth the causes and ne cessity of taking up arms." The committee reported 27 June and on 6 July congress voted the adoption of the declara tion. A second petition to the king was adopted 8 July. 44 The minister . . . publicly declared. This minister was William Pitt, afterward Earl of Chatham. He and the Duke of Newcastle shared the duties of prime minister, Newcastle being the nominal and Pitt the real head of the government. 44 Change in his counsels. Pitt resigned in October 1761, leaving the Duke of Newcastle at the head of affairs. He was succeeded in May 1762 by Lord Bute. 45 The late king. George III came to the throne in 1760. George II, his predecessor, had been but a nominal 421 NOTES ON THE TEXT king; Sir Robert Walpole, the prime minister, had been the real head of affairs. When a plan for taxing the col onies was suggested to him he replied, " What ! I have half Old England set against me already, and do you think I will have all New England likewise? " 46 Break off . . . intercourse. This reference is to the non-importation, non-consumption, and non-exportation association of 1774. 47 Commercial intercourse . . . sustenance. "An act to restrain the trade and commerce of the provinces of Mas- sachusett s Bay and New Hampshire, and colonies of Con necticut and Rhode Island, and Providence Plantation, in North America, to Great Britain, Ireland, and the British islands in the West Indies; and to prohibit such provinces and colonies from carrying on any fishery on the banks of Newfoundland, or other places therein mentioned, under certain conditions and limitations " was passed 30 March 1775. 47 Peers and commoners. Lord Chatham, the Duke of Richmond, Edmund Burke, Colonel Barre and many other notable members of both houses protested against the course of the ministry. 50 We mean not to dissolve that union. With the ex ception of Samuel Adams few if any of the statesmen had any idea of separation from the mother country. Franklin told Lord Chatham that he had never heard from any Amer ican " drunk or sober, the least expression of a wish for a separation or a hint that such a thing would be advanta geous to America." And John Adams said in March 1775 that it was slander against Massachusetts to say that " any part hankered after independence." 422 NOTES ON THE TEXT AUTHORITIES American Archives. Fourth Series. Vol. II. Compiled by Peter Force. The American Revolution. W. E. H. Lecky. Life of Washington. Vol. I. Washington Irving. The American Revolution. Vol. I. John Fiske. The Rise of the Republic of the United States. Richard Frothingham. The Declaration of Independence 1776 [Text derived from Revised Statutes of the United States, edition of 1878.] The second continental congress convened for its third annual session in May 1776. One of its first steps was to urge the several colonies to provide themselves governments which should supersede the make-shift committees and con gresses which had managed their affairs since they had ceased to be governed by the British. The resolution which conveyed the advice amounted to a declaration of inde pendence for it stated that " the exercise of every kind of authority under the crown ought to be totally suppressed." North Carolina was the first colony to make a move in the right direction; she framed for herself a government and empowered her delegates to congress to join any measure which seemed essential to the public good. Georgia gave her representatives similar instructions. Virginia went still farther and authorized her delegates to congress " to pro pose to that respectable body to declare the United Colonies free and independent States." Other colonies promised to uphold congress should it see fit to make such a declaration. On 7 June Richard Henry Lee of Virginia proposed and 423 NOTES ON THE TEXT John Adams of Massachusetts seconded the following reso lutions : " That these United Colonies are, and of a right ought to be, free and independent States; that they are absolved from all allegiance to the British Crown ; and that all polit ical connection between them and the State of Great Bri tain is,, and ought to be, totally dissolved. " That it is expedient forthwith to take the most effectual measures for forming foreign alliances. " That a plan of confederation be prepared and trans mitted to the several colonies, for their consideration and approbation." So important was the measure that it was agreed to post pone the debate till 1 July. In the mean time Thomas Jefferson, John Adams, Roger Sherman and Robert Liv ingstone were to draw up a declaration of independence. A second committee was appointed to frame a confederation to be submitted to the colonies and a third to consider the question of treaties with foreign powers. When on 1 July congress took up Lee s motion nine col onies voted for it. On the following day three more fell in line. On 4 July the delegates of the 12 colonies unani mously adopted the declaration of independence presented by the committee, the work being almost entirely Jeffer son s. New York adopted it 9 July. The thing was done and the joy and relief of the people were shown in bonfires, torch-light processions, firing of guns and ringing of bells. The people seemed " to recognize this resolution," said Samuel Adams, " as though it were a decree promulgated from heaven." A newspaper of this time thus describes the reception of the news in New York: " This afternoon the Declaration of Independence was read at the head of each brigade of the Continental Army posted at New York. It was received 424 NOTES ON THE TEXT everywhere with loud huzzas and the utmost demonstrations of joy and tonight the equestrian statue of George III which Tory pride and folly raised in the year 1770, has, by the Sons of Freedom, been laid prostrate in the dirt the just reward of the ungrateful tyranny! The lead wherewith the monument was made is to be run into bullets." 53 Laws . . . wholesome and necessary. Frequently laws made by the colonial assemblies, dealing with commer cial necessities, were denied the assent of the crown. 53 Laws of immediate . . . importance. The assembly of Massachusetts was prorogued from time to time and important bills " utterly neglected." 53 Places unusual. After the Boston tea-party the Bos ton Port Bill was passed. Ships were prohibited from en tering or leaving Boston till the tea was paid for and Mar- blehead instead of Boston was made a port of entry. The seat of government was removed to Salem but the public records were kept in Boston under military guard so that the colonists could not use them. The South Carolina as sembly was convened at Beaufort instead of the capital. 53 Prevent the population. A proclamation was issued by the king in 1763 excluding settlers from the western territory just acquired from France by the treaty of 1763. It was the policy of England to keep settlers out of the " back country," reserving it for a hunting-ground for the Indians through whom she carried on a large trade in furs. 54 Swarms of Officers. Collectors of duties and officers of the admiralty courts. The colonists paid their salaries. Many of them were men of whom England was glad to be rid. 54 Military . . . superior to the Civil Power. In 1774 General Gage was appointed governor of Massachusetts. In New York too the military was made superior to the civil power. 425 NOTES ON THE TEXT 54 Jurisdiction foreign to our constitution. This refers to the appointment of the council of Massachusetts by the crown in 1774. This and most of the other grievances enumerated here are also stated in the previous declara tions. 55 Abdicated Government. In 1775 the king in a mes sage to parliament declared the colonists to be in a state of rebellion. This and the fact that he had made war on them probably seemed to the colonists an abdication of government. 55 Foreign mercenaries. King George hired 20,000 in fantry from the small German states. The Hessians, as all these hired soldiers were called, were especially hateful to the colonists. 55 Constrained our fellow Citizens. England kept up this practice of impressing American seamen till the close of the war of 1812. 56 These United Colonies. On 9 September 1776 con gress resolved " That in all continental commissions, and other instruments where, heretofore, the words United Colonies have been used, the style be altered, for the future, to the United States." AUTHORITIES The American Revolution. Vol. I. John Fiske. The Story of the Revolution. Vol. II. Henry Cabot Lodge. The Rise of the Republic of the United States. Richard Frothingham. The Constitutional and Political History of the United States. Vol. I. Dr. H. von Hoist. The French War and the Revolution. W. M. Sloane. Thomas Jefferson. John T. Morse, Jr. American Archives. Fifth Series. Vol. I. Complied by Peter Force. NOTES ON THE TEXT Articles of Confederation 1777 [Text derived from Revised Statutes of the United States, edition of 1878.] Before the adoption of the Declaration of Independence congress appointed a committee " to prepare and digest the form of confederation to be entered into between these col onies." The committee presented 12 July 1776 a draft of a constitution said to have been written by John Dickinson of Delaware but many changes were made and it was not till 15 November 1777 that the final draft was adopted by congress. Before the close of 1778 all of the states except Delaware and Maryland had adopted the articles. Delaware ratified them in the following year but Maryland held back, though by so doing she kept the country without a govern ment. Some of the large states, especially Virginia, claimed large portions of what was known as the Northwest terri tory and that fact in the opinion of Maryland would give them too large a preponderance in the proposed confeder ation. At length, 1 March 1781, on the assurance that these claims would be transferred to the proposed central govern ment as soon as possible, Maryland fell into line and on the next day congress met for the first time under a written constitution. The instrument had many weaknesses. The rights and powers of the 13 states were clearly defined but the central government had little power. " The congress was but a board of advice, and its advice could be ignored with im punity." Fortunately the states had been so slow in ratify ing the articles that they were to be in force only eight years. They were superseded in 1789 by the Constitution. 62 Letters of marque and reprisal. "A license or extraor- 427 NOTES ON THE TEXT dinary commission granted by the supreme power of one state to its subjects, to make reprisals at sea on the sub jects of another, under pretense of indemnification for injuries received. * 63 Taxes . . . shall be laid. Congress had no power to levy taxes; it could only make requisitions on the states and depend upon their contributions. It took fifteen months of struggle with the states to collect one-fifth of the taxes assessed in 1783. Nor did conditions improve as time went on. Madison wrote in 1787: " No money is paid into the treasury . . . not a single state complies with the requisi tions some pass them over in silence, some absolutely re- j ect them. It is quite impossible that a government so weak ened can much longer hold together." 64 Disputes . . . concerning boundary. Disputes on this point were likely to occur. The English sovereigns in granting charters had been very vague in regard to the limits of territory. Consequently the claims of some of the states overlapped. 65 Coin struck by . . . authority. "Until 1785 no national coinage was established and none was issued till 1793," says John Fiske. " English, French, Spanish and German coins, of various and uncertain value passed from hand to hand. . . . During the period of the Confederation the chaotic state of the currency was a serious obstacle to trade." The decimal system of currency is the work of Gouver- neur Morris, aided by Jefferson. 66 To borrow money. Congress found that foreign powers were not anxious to loan money on such credit. Franklin, writing from Paris, put the matter in a nutshell: " When the States have not faith in a Congress of their own choosing to trust it with money for the payment of their common debt, how can they expect Congress should meet 428 NOTES ON THE TEXT with credit when it wants to borrow money for their use from strangers ? " 67 Raise the men . . . and equip them. Congress had power to maintain an army for national defence but it could not force the states to feed and pay the soldiers. There was great dissatisfaction in the army. Many deserted be cause they were not paid and at times there was danger of actual mutiny. Had not patriotic citizens contributed their private fortunes to the cause congress could not have kept the army together. 67 Unless nine States assent. " The necessity of a vote of nine States for the passage of any important measure made the absence of a State s delegation quite as effective as a negative vote/ says Alexander Johnston. " In order to save the expense of a delegation, the States began to neglect the election of them, unless they had some object to gain by their attendance. It was necessary for Congress to make repeated and urgent appeals in order to obtain a quorum for the ratification of the treaty of peace with Great Britain." 68 Canada . . . shall be admitted. There was a theory held by the statesmen of the day that Canada wished to be annexed to the United States. AUTHORITIES History of the Formation of the Constitution of the United States of America. Vol. I. George Bancroft. The Making of the Nation. Francis A. Walker. The Constitutional and Political History of the United States. Vol. I. Dr. H. von Hoist. The United States, its History and Constitution. Alex ander Johnston. 429 NOTES ON THE TEXT Treaty with France 1778 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] Toward the close of the year 1775 the continental con gress appointed a committee of secret correspondence with instructions to correspond with friends of the colonies in foreign countries. France was found to be friendly and a commissioner was sent in March 1776 to ascertain whether she would enter into an alliance with the colonies in case they should declare their independence. After the Decla ration of Independence congress sent Benjamin Franklin to France to negotiate for a treaty of alliance. He reached Paris in December 1776 and was well received. Just then came the news of American defeats on the Hudson, and France drew back though she secretly furnished ships and funds. For months nothing was done about the alliance, but the surrender of Burgoyne changed the face of Ameri can affairs and 20 December 1777 Franklin was informed that France would acknowledge the independence of the colonies and give her support. On 6 February 1778 two treaties were concluded, one of alliance and one of amity and commerce. On 10 April France sent a minister to the United States thus making the alliance complete. These were the first treaties made by the United States. AUTHORITIES Franklin in France. Edward E. Hale and Edward E. Hale, Jr. Benjamin Franklin. John T. Morse, Jr. The American Revolution. W. E. H. Lecky. The Story of the Revolution. Vol. I. Henry Cabot Lodge. 430 NOTES ON THE TEXT Treaty with Great Britain 1783 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] Lord Cornwallis surrendered 19 October 1781 and 5 March 1782 parliament passed an act enabling the king to make peace until July 1783. Congress put the negotiations for peace into the hands of Benjamin Franklin, John Adams and John Jay, and Henry Laurens was sent as an " adjoint." In accordance with the treaty of 1778 the American commissioners were instructed to act on the ad vice of France. Congress was influenced both by gratitude for the aid given by France and by motives of policy. But the commissioners, when they reached Paris, understood foreign affairs better than congress did and they saw that France was playing a double game. To " confide " in France meant to confide in Spain, and the Spanish interests in the Mississippi river and those of the United States con flicted. So the commissioners used their own judgment instead of that of Vergennes, the French minister. After they had cut loose from France the negotiations with Great Britain went on fairly well. The American conditions of peace were full and complete independence, the with drawal of all British troops, the freedom of fishing off the banks of Newfoundland, and the establishment of the Mis sissippi river as the western boundary, the northern boun dary to be the same as before the Quebec act of 1774. The negotiations went on from 15 April to 30 November 1782 when a provisional treaty was signed. A cessation of hos tilities was declared 20 January 1783. The definitive treaty, in practically the same terms as the provisional one, was signed 3 September 1783. 78 Free . . . independent States. The commissioners 431 NOTES ON THE TEXT from the United States refused to treat with Great Britain " under the description of colonies." Before entering into negotiations they demanded to be considered as representa tives of an independent people. 80 Article III. Adams was better posted on the fishery claims than the other commissioners and he made a stand for the American rights. The restoration of the New Eng land boundary is also largely due to Adams. 81 Article V. The Articles of Confederation did not give congress power to force the states to make restitution of property to British subjects and Franklin plainly told the British commissioner so. 83 Without . . . carrying away any negroes. This clause, which was the work of Laurens, caused a great deal of trouble. The British troops did carry away about 3,000 negroes and because compensation was not made some of the states refused to pay British debts. The British retali ated by refusing to vacate the western military posts. 83 Article VIII. It was Jay who insisted upon this article. He had just come from Spain and he knew that through France she was working against the demand of the Americans for the Mississippi. AUTHORITIES The Life and Works of John Adams. Vol. III. Edited by Charles Francis Adams. The Complete Works of Benjamin Franklin. Vol. VIII. Compiled and edited by John Bigelow. Correspondence and Public Papers of John Jay. Vols. I. and II. John Jay. George Pellew. The Critical Period of American History. John Fiske. The Story of the Revolution. Vol. II. Henry Cabot Lodge. 482 NOTES ON THE TEXT The Northwest Territorial Government 1787 [Text derived from Revised Statutes of the United States, edition of 1878.] By the treaty of 1783 Great Britain relinquished her claim to the great territory east of the Mississippi. Por tions of this country were claimed by Massachusetts, New York and other states by virtue of their charters which granted them land from sea to sea. Some of these claims overlapped and were the cause of much discussion. The difficulties were finally settled by a cession of most of the state claims to congress as a national domain known as the Northwest territory. In 1784 Thomas Jefferson submitted a plan for a temporary government which after a few changes was accepted by congress. In 1786 there was formed in Boston an association called the Ohio company whose obj ect was the settlement of a por tion of the Northwest territory by old soldiers. The com pany offered to purchase from congress a large tract of land provided that congress would guarantee that the settlers should be " under the immediate government of Congress in such mode and for such time as Congress shall judge proper." Congress needed funds and it wished to aid its old soldiers, so measures were at once taken to provide a suitable government for the territory. The result was the act known as the Ordinance of 1787 which was passed 13 July. A few days after the Ohio company purchased 5,000,000 acres of land in the new territory. The ordinance was of great importance because it pre pared the way for national sovereignty. Under the Articles of Confederation congress had no right to pass the act. It was never ratified by the states yet even the states the most 433 NOTES ON THE TEXT jealous for state rights did not protest. When the adoption of the Constitution was hanging in the balance this inde pendent action of congress in an emergency was used as an argument to prove the necessity of framing a government with clearly defined powers. The ordinance was re-enacted by the constitutional congress 7 August 1789- 85 In equal parts. This provision was intended to pre vent the entailing of estates and a consequent landed aris tocracy. 88 Legislative council. The appointment by congress of the members of the upper house met with much opposi tion and congress found it expedient to change the law. 90 Habeas corpus. "A writ having for its object to bring a party before a court or judge; especially one to inquire into the cause of a person s imprisonment or deten tion by another, with a view to protect the right to personal liberty." 92 Five states. Ohio, Illinois, Indiana, Wisconsin, Michigan and a part of Minnesota were formed from this territory. The Ordinance of 1784 provided for the erec tion of ten states. 93 Such state shall be admitted. So fast did the tide of emigration set westward that Ohio was admitted to the Union only 16 years after the passage of this ordinance. 94 Slavery nor . . . servitude. The Ordinance of 1784 as presented to congress by Jefferson provided for the pro hibition of negro slavery within the limits of the national territory after the year 1800. Only seven states voted for the measure and a two-thirds vote was necessary. Jeffer son s plan, however, " covered the whole western territory, ceded or to be ceded, south as well as north of the Ohio." As the Ordinance of 1787 was " for the government only of the territory northwest of the Ohio, its prohibition of slavery was territorially only about half as large as Jeffer- 434 NOTES ON THE TEXT son s ; and this may help to explain the different fates of the two." AUTHORITIES The Old Northwest. Burke A. Hinsdale. The Critical Period of American History. John Fiske. The Westward Movement. Justin Winsor. The Winning of the West. Vol. III. Theodore Roosevelt. The Public Domain. T. Donaldson. The Constitution of the United States 1787 [Text derived from Revised Statutes of the United States, edition of 1878.] The Articles of Confederation had scarcely been rati fied before statesmen realized their weakness and began to discuss a new plan of government. Washington summed up the matter when he said, " We either are a united people or we are not. If the former, let us in all matters of gen eral concern act as a nation which has a national authority to support ; if we are not, let us no longer act a farce by pre tending to it." In January 1786 through the influence of James Madi son Virginia issued an invitation to all the states to send delegates to a conference to be held at Annapolis in Sep tember 1786 to discuss a plan for the control of commerce by the general government. Only Virginia, Delaware, New Jersey and New York were represented and their delegates could do no more than issue a call for a fuller conference to be held at Philadelphia in the following May, " to take into consideration the situation of the United States, and to devise such further provision as shall appear to them nec- 435 NOTES ON THE TEXT essary to render the constitution of the federal government adequate to the exigencies of the Union." The delegates, numbering 55, met 25 May 1787. Washington was chair man and Edward Randolph of Virginia presented a plan of government which had been drawn up by Madison. The discussion went on behind bolted doors till the middle of September. It was a hotly contested battle; the old ques tion of state or national sovereignty had to be met and states with radically different interests had to be brought into union. The end was effected only after much com promise and concession and the result was not a revision of the articles but an entirely new constitution. It was necessary that nine states out of the thirteen should ratify the Constitution, and congress referred the matter to the several states 28 September 1787. The states ratified in the following order : Delaware 7 December, Pennsylvania 12 December, New Jersey 18 December 1787; Georgia 2 January, Connecticut 9 January, Massachusetts 6 Febru ary, Maryland 28 April, South Carolina 23 May, New Hampshire 21 June, Virginia 25 June, New York 26 July 1788; North Carolina 21 November 1789; Rhode Island 29 May 1 790. The seat of government had been changed from Philadelphia to New York and on 30 April 1789 the new government was set up at Federal hall. The first ten amendments to the constitution were pro posed by the first congress to the legislatures of the several states 25 September 1789- They went into effect 3 No vember 1791. The eleventh amendment was proposed by the third congress 5 September 1794 and went into effect 8 January 1798. The eighth congress on 12 December 1803 proposed the twelfth amendment in lieu of the origi nal third paragraph of the first section of the second article. This amendment went into effect 25 September 1804. The thirteenth was proposed by the thirty-eighth congress 1 436 NOTES ON THE TEXT February 1865 and went into effect 18 December 1865. The thirty-ninth congress on 16 June 1866 proposed the fourteenth amendment which went into effect 28 July 1868. The fifteenth amendment was proposed 27 February 1869 by the fortieth congress and went into effect 30 March 1870. 95 Senate and House of Representatives. The method of representing the states caused great discussion in the constitutional convention. It seemed fitting to many that the members of the lower house which was to correspond to the British house of commons should be elected by the peo ple. " It is essential to the democratic rights of the com munity that the first branch be elected by the people," argued Hamilton, and Madison and others brought forth convincing arguments for a popular election. Several plans were proposed for choosing the members of the senate. The Virginia plan, which had a strong following, would have based the members of both houses upon the popula tion of the states. The smaller states insisted upon an equal vote in at least one branch of congress. Feeling ran so high that there was danger that the convention would come to nothing. At last by considerable compromise it was arranged that representation in the lower house should be based upon population and that each state without regard to size should have two senators. 95 Representatives . . . shall be apportioned, etc. This basis of representation was changed by the fourteenth amendmment. 95 Those bound to service. The manner of counting slaves caused a lengthy debate. At last it was decided to count every five slaves as three persons. " The Articles of Confederation," says Bancroft, " took no notice of slavery except by withholding the privileges of intercitizenship from the slave. The enumeration of slaves was in the dis- 437 NOTES ON THE TEXT tribution of political power a matter of indifference as long as congress voted by states. ... In framing a constitu tion in which representation in one branch of the legislature was made to depend on population, it became the political interest of the states in which the slaves abounded to have them included in the enumeration of the population equally with the free negroes and whites." 95 The actual enumeration. The first census was taken in 1790 and gave to congress 105 representatives. 96 One for every thirty thousand. At first it was pro posed that each 40,000 inhabitants should entitle a state to send a representative to congress but on that basis the house was likely to be too small and at Washington s suggestion the number was changed to 30,000. The basis of represen tation has been changed from time to time as the population of the states increased. 101 The Migration . . . of such persons, etc. This was a compromise effected after a hot discussion. Some of the congress were for an immediate prohibition of the slave- trade, but South Carolina, Georgia and probably North Carolina and Virginia would have refused to accept the Constitution, and consequently there would have been from the beginning a federation of slave-holding states. The Articles of Confederation had no power to interfere with the slave-trade. 101 Bill of Attainder. " An act of Parliament pro nouncing sentence of death against an accused person, espe cially against political offenders of high degree, which enactment is followed by forfeiture of estate and corrup tion of blood as in attainder under judicial sentence." 101 Ex post facto Law. Any law which makes an inno cent act, done before its passage, criminal; or aggravates the crime, making it legally greater than when committed; or changes the punishment, inflicting a greater one or one 438 NOTES ON THE TEXT different in kind than the law affixed to the crime when it was committed. 102 No capitation . . . shall be laid, etc. " This was intended to prevent congress from enforcing a general emancipation by the special taxation of slaves/ comments Bancroft. 102 Vessels u . . pay Duties. Some of the states, notably New York, had collected for themselves at their own ports duties on foreign goods and had taxed articles brought in from other states. 103 No State shall . . . enter into any Compact. " The country had been filled with schemes for a division of the 13 states into two or more separate groups." 103 The executive Power, etc. There was much dis cussion concerning the chief executive whether the power should be vested in one or in several persons, whether he or they should be re-eligible to office, whether the election should be by congress or by electors chosen by the state legislatures. The matter was not decided till near the close of the convention. 103 The electors shall meet, etc. This method of elect ing the president and the vice president was abrogated by the twelfth amendment. But even the amendment failed to specify by whom the votes should be counted and this omission resulted in the Tilden-Hayes contest of 1877. A bill to regulate the electoral count was passed by congress 3 February 1887. This provides for the states certifica tion of their votes. The certificate presented by a state cannot be rejected unless both houses vote against it. 104 Removal of the President from office. An act of congress passed in 1886 provides for the succession in case of the death or disability of both president and vice presi dent. The office falls to the members of the cabinet in the order of the creation of their departments. 439 NOTES ON THE TEXT 106 He shall . . . recommend . . . such measures. Washington and Adams read their messages to congress and congress replied with an address, but beginning with Jefferson s first term the presidents have since sent to con gress messages which require no answer. 106 The judicial Power of the United States, etc. " The Constitution s leading difference from the Confeder ation is that it gives the national government power over individuals. The Federal courts are the principal agent in securing this essential power; without them,, the Constitu tion might easily have been as dismal a failure as the Con federation," says Johnston. 108 No person held to Service, etc. The fugitive slave law of 1850 was based upon this clause. It was abrogated by the thirteenth amendment. 109 Shall propose amendments. Several of the states voted for the adoption of the Constitution on the virtual condition that amendments should be made as soon as prac ticable. Nearly 1 700 amendments have been proposed since the adoption of the Constitution. AUTHORITIES The Federalist. The Critical Period of American History. John Fiske. History of the Formation of the Constitution of the United States of America. George Bancroft. The Making of the Nation. Francis A. Walker. The United States, its History and Constitution. Alexan der Johnston. James Madison. Sidney Howard Gay. History of the Life and Times of James Madison. Vol. I. William C. Rives. 440 NOTES ON THE TEXT Washington s First Inaugural Address 1789 [Text derived from " The Writings of George Washing ton/ Vol. XII, edited by Jared Sparks.] One of the provisions of the Constitution was for the elec tion of a chief executive officer to be called the president. The question of the adoption of the Constitution had been the cause of the first political agitation in the country. Those who favored its adoption were called Federalists, those who opposed it Anti-Federalists. There was however no divi sion of opinion as to the man to be nominated for president. Washington loomed up the largest figure in the country, not only on account of his military service but for his work as a statesman as well. His cool judgment, his firmness and his foresight had stood his country in good stead in more than one emergency. He had urged the Declaration of Independence, had been chairman of the constitutional con vention and now all eyes were turned toward him as the fitting chief executive. He was unanimously elected and John Adams was chosen vice president. On 30 April 1789 Washington was inaugurated at Federal hall at Wall and Nassau streets, New York. His private secretary thus de scribed the scene: " The oath was administered in public by Chancellor Liv ingston and at the moment the chancellor proclaimed him president of the United States the air was rent by repeated shouts and huzzas God bless our Washington. Long live Washington. We then returned to the hall, where, being seated as before, the president arose and addressed the two branches of Congress in a speech which was heard with eager and marked attention." 441 NOTES ON THE TEXT AUTHORITIES George Washington. Vol. II. Henry Cabot Lodge. The Life of George Washington. Vol. IV. Washington Irving. George Washington. Woodrow Wilson. Life and Times of George Washington. Vol. II. J. F. Schroeder. Washington s Second Inaugural Address 1793 [Text derived from " A Compilation of the Messages and Papers of the Presidents." By James D. Richardson. Vol. I.] At the second election for president Washington was again unanimously chosen by the electors. That the strength of the Federalists was waning was shown in the congressional elections but to both parties Washington still seemed the safest guide and leader. His own party naturally wished to see his policy continued and the leaders of the Anti- Federalists felt that his re-election stood for the general welfare of the country. So far as their own party was con cerned it was still in an unformed condition and they pre ferred to continue under Washington s administration to risking that of a more avowed Federalist. It was with much hesitation that Washington accepted the office. He had served his country for many years and he longed for the retirement of Mount Vernon. But he felt that he was still needed at the head of national affairs and he set aside his own inclinations. The second inauguration took place in the senate cham ber. " On either side of the broad aisle that was left vacant in the center, were assembled the two houses of con- 442 NOTES ON THE TEXT gress. As the president entered, all arose, and remained standing till he had ascended the steps at the upper end of the chamber, and taken his seat in the speaker s chair. . . . Having retained his seat for a few moments, while the members resumed their seats, the president arose, and taking from his breast a roll of manuscript, proceeded to read his address. His voice was full and sonorous, deep and rich in its tones, free from that trumpet call which it could assume amid the tumult of battle . . . but suffi ciently loud and clear to fill the chamber." The oath of office was administered by Judge Gushing. AUTHORITIES The Life and Times of George Washington. Vol. II. J. F. Schroeder. Washington after the Revolution. Vol. II. William Spohn Baker. Proclamation of Neutrality 1793 [Text derived from American State Papers, Foreign Relations, I.] In 1793, the year when Washington was a second time made president, France reached the height of her revolu tion and in addition to her civil troubles found that she had almost the whole of Europe to fight. American sympa thizers who did not foresee the consequences of such an alliance were anxious to join France and thus repay her services during the American Revolution. By the treaty of alliance made in 1778 the United States had promised to aid France against her enemies. Hamilton and others insisted that the change of government in France from kingdom to republic abrogated the treaty. Washington 443 NOTES ON THE TEXT and his cabinet saw that aid to France would mean war with Great Britain and Spain, for both countries had a foot hold in the United States. Great Britain still held the military posts on the northern frontier and Spain controlled the lower Mississippi. Washington decided and his cabinet agreed with him that the United States must take no sides in European wars and on 22 April he issued a definitive proclamation of neutrality. AUTHORITIES History of the People of the United States. Vol. II. John Bach McMaster. George Washington. Vol. II. Henry Cabot Lodge. The Life of George Washington. Vol. V. Washington Irving. Treaty with the Sice Nations 1794 [Text derived from Indian Affairs, Laws and Treaties, Vol. II, 1903.] The Six Nations or Iroquois was a confederation of In dians who lived in central New York and controlled the surrounding tribes. The federation comprised the Mo hawks, the Oneidas, the Onondagas, the Cayugas, the Senecas and the Tuscaroras. During the American Revo lution the Iroquois fought with the British under Brant and committed the massacres of Wyoming and Cherry Valley. When the war closed the Indians were at the mercy of the Americans and most of them except the Oneidas and the Tuscaroras migrated to Canada. By the treaty of Fort Stanwix concluded 22 October 1784 the United States con firmed the Oneidas and the Tuscaroras in the possession of their lands and guaranteed to the remnants of the other 444 NOTES ON THE TEXT tribes the territory then in actual possession. In return the Indians ceded to the United States all the land west " of a line beginning on Lake Ontario at the mouth of Oyon- wayea creek, running south to the mouth of Buffalo creek, and thence to the north line of Pennsylvania, which it followed west and south to the Ohio." The Indians were to be secure in the possession of all the territory east and north of this boundary, excepting a reservation six miles square around Oswego. This transfer of territory was confirmed by the treaties of 1789, 1790 and 1794. The date of the treaty of 1794 is 11 November. The treaty is typical of many made between the United States and the Indian tribes. 126 Treaties . . . with . . . New York. The state of New York in 1785 and 1788 purchased the lands of the Oneidas, Tuscaroras, Onondagas, and Cayugas, except a reservation for each. 127 Sir William Johnson. He was a famous agent among the Indians. The treaty referred to was made at Fort Stanwix in 1768. AUTHORITIES New American Encyclopedia. Vol. IX. Treaty with Great Britain 1794 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] Although the Proclamation of Neutrality was not issued to favor England it did favor her; but she responded by many offensive acts, as if trying to force the United States to declare war against her. She still held the military posts on the western frontier because the debts due to British subjects were not paid as agreed in the treaty of 1783, 445 NOTES ON THE TEXT American seamen were impressed, American ships carrying corn to France were seized as " contraband of war " and duties were raised on goods imported from America. She refused to maintain a minister in the United States and the American minister to England, John Adams, was treated with scant courtesy. An embargo proclaimed against Brit ish ships helped to bring matters to a crisis and war seemed inevitable. At this juncture Washington despatched Chief Justice John Jay to London as envoy extraordinary to arrange for a settlement of the difficulties. He returned 28 May 1795 with a treaty which has since been called by his name. It was confirmed by the senate in special session after the clause referring to the trade with the West Indies was stricken out. When the treaty became public it met a storm of indignation, not only from the people but from the house of representatives as well who claimed the right to be consulted. This was the first treaty made under the Constitution and at this time it was decided that power to make treaties lies with the president and the senate. Despite its shortcomings the Jay treaty has since been considered a wise measure. It held back the war with England for 18 years till the United States could gather strength and resources. 132 All posts and places. These were Oswego, Niagara, Detroit, Mackinaw, etc. The British refused to compen sate the United States for the detention of these posts on the ground that the United States had permitted the states to prevent the recovery of British debts. 136 What river . . . the St. Croix. This was decided to be the Schoodic river. 137 Article VI. By a convention concluded at London 8 January 1802 Great Britain made a concession in regard to this claim and it was settled by the payment of $2,- 664,000 by the United States. 446 NOTES ON THE TEXT 140 Article VII. The commissioners appointed to set tle the question of illegal captures or condemnations decided in favor of the United States and her merchants received an award of $10,345,000. 141 Letter from Mr. Jefferson. This letter promised restitution of or compensation for vessels captured between 5 June and 7 August 1793. After August 7 restitution would be made if possible. 143 Article X. The provision in this article is called by Pellew in his " John Jay " " a novelty in international diplomacy, and a distinct advance in civilization. ... In the War of 1812 the United States happened for the moment to be the creditor nation, and the millions which this provision saved to her citizens it would be difficult to estimate." 143 Article XII. This article, rejected by the senate, dealt with the trade between the United States and the West Indies. AUTHORITIES History of the People of the United States. Vol. II. John Bach McMaster. John Jay. George Pellew. Correspondence and Public Papers of John Jay. Vol. IV. The Westward Movement. Justin Winsor. Washington s Farewell Address 1796 [Text derived from " The Writings of George Washing ton," Vol. XIII. Edited by W. C. Ford. Mr. Ford s text follows exactly the original manuscript.] Although the Anti-Federalists had steadily been gaining strength during Washington s second administration he would again have been the choice of the people had he al- 447 NOTES ON THE TEXT lowed himself to be a candidate for a third term. Toward the close of his first term he wished to retire from office and return to Mount Vernon and at that time he decided to issue a farewell address which should embody his views on governmental affairs and at the same time warn the country of dangers which he foresaw. During his second adminis tration his mind often dwelt on the projected farewell and in May 1796 he sent to Hamilton a rough draft of an address with the request that he make any revision which seemed necessary or rewrite it entirely if he thought advis able. There were several revisions before the document met the views of both Washington and Hamilton and it was not till 19 September 1796 that the address was given out for publication. The style may be Hamilton s but the ideas are Washington s and together they drew up what Henry Cabot Lodge has called " the most famous and most influential piece of advice in the history of our country." The address was read in the chamber of the house of repre sentatives. Adams reported that there was hardly a dry eye but Washington s. 157 Sacrifice of inclination. On 16 April 1789 Wash ington wrote in his diary : " About ten o clock, I bade adieu to Mount Vernon, to private life, and to domestic felicity; and with a mind oppressed with more anxious and painful sensations than I have words to express, set out for New York . . . with the best disposition to render service to my country in obedience to its call, but with less hope of answering its expectations." And Jefferson reported that soon after his second inauguration Washington said that he would rather be in his grave than in his present situation. 158 Perplexed . . . affairs with foreign Nations. At that time our relations with both France and England were very much strained. 448 NOTES ON THE TEXT 161 Interior communications. As early as 1770 Wash ington had agitated the question of an easy means of com munication between the Atlantic states and the western territory. In 1785 he accepted the presidency of a com pany whose object was the extension of the navigation of the James and Potomac rivers. 163 Two Treaties. These were the treaty with Spain of 1795 and the Jay treaty with Great Britain. The Span ish treaty secured to the United States the free navigation of the Mississippi. The Jay treaty was especially gratify ing to the West because by it the western posts which had been held by the British in violation of the treaty of 1783 were at last opened. So long as these posts were in the hands of the British the West was deprived of a lucrative trade in furs. Then too the Indians were incited to keep up a warfare on the settlers along the frontier. 164 Sever them from their Brethren. There had been threats by some of the people of the western territory of separation from the Union in case a treaty was not made with Spain for the opening of the Mississippi. 164 Improved upon your first essay. Washington had been one of the first to see the weakness of the Articles of Confederation and one of the strongest advocates of a con stitution which should bind the several states together. Throughout this address he holds up the practical advan tages to be gained from the continuance of the Union. 165 Combinations and association. Political clubs in imitation of certain French organizations were the fashion at that time. Washington in his message to congress in 1794 had referred to these associations which he thought indicated dangerous French influence. 167 Foreign influence. There was much sympathy for France in the United States and on the other hand Great Britain had many partisans. 449 NOTES ON THE TEXT 168 Constitutional spheres. Much was said in the early days of the Constitution about the necessity of preserving a balance between the administrative, executive and judicial departments. 169 Discharge the debts. The national debt was paid in 1835. 170 Taxes . . . unpleasant. Probably this remark was occasioned by the Whiskey Insurrection in Pennsylvania. An excise law passed in 1791 was especially disliked in four of the western counties of Pennsylvania, where whis key was used as currency. Attempts to enforce the law in July 1794 led to an insurrection of such proportions that Washington ordered out 15,000 militia. When congress assembled Washington addressed to them a message dealing with the insurrection. 170 Passionate attachments. This is another allusion to the sentimental sympathy with France. Washington had been much censured for his neutrality during the troubles between France and Great Britain. 173 Our detached situation . . . shall counsel. This paragraph contains the germ and gist of our foreign policy which has long been known as the Monroe Doctrine. 175 Proclamation of the 22nd of April, 1793. His proclamation of neutrality. AUTHORITIES The Life of George Washington. Vol. V. Washington Irving. George Washington. Vol. II. Henry Cabot Lodge. Life and Times of George Washington. Vol. II. J. F. Schroeder. An Enquiry into the Formation of Washington s Farewell Address. Horace Binney. 450 NOTES ON THE TEXT Treaty with France 1803 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] In 1802 Spain closed the Mississippi to the United States and forbade the use of New Orleans as a deposit for mer chandise. This was in violation of the treaty of 1795 by which Spain promised to continue the use of New Orleans or to assign to the United States " on another part of the banks of the Mississippi an equivalent establishment." But this was not all; it transpired that Spain had by a secret treaty ceded the territory of Louisiana to France. Spain was a worn-out power and therefore a fairly safe neighbor, but to have the territory of Louisiana in the hands of France and Napoleon was quite another matter. President Jeffer son wrote to Livingston, the American minister at Paris, " The cession of Louisiana and the Floridas by Spain to France completely reverses all the political relations of the United States and will form a new epoch in our political career. There is on the globe one single spot the possessor of which is our natural and habitual enemy. It is New Or leans, through which the produce of three-eighths of our territory must go to market; and from its fertility it will yield more than half of our whole produce and contain more than half of our inhabitants. France placing herself at that door assumes to us the attitude of defiance . . . the day that France takes possession of New Orleans . . . seals the union of two nations, who in conjunction, can main tain exclusive possession of the ocean. From that moment we must marry ourselves to the British fleet and nation." It was clearly necessary that the United States should pur chase New Orleans and congress appropriated $2,000,000 for that purpose. James Monroe was sent to Paris to treat, 451 NOTES ON THE TEXT together with Livingston, for the purchase. The commis sioners dealt directly with Napoleon instead of his prime minister. Napoleon saw that he could not long hold the Louisiana territory against Great Britain and rather than have it fall into her hands he would sell it to the United States. Accordingly he offered the Americans the whole vast territory for $1 5 ,,000,000. They exceeded their instruc tions and concluded the bargain. The treaty of cession and two conventions were concluded 30 April 1803. " I have just given England a maritime rival that will humble her pride," said Napoleon as the French minister signed his name. The senate ratified the treaty and 10 November an act was passed to provide for raising funds for the pur chase. The Louisiana territory passed into the possession of the United States 20 December 1805. AUTHORITIES History of the Louisiana Purchase. James K. Hosmer. A History of the People of the United States. Vol. III. John Bach McMaster. History of the United States of America. Vol. II. Henry Adams. The Winning of the West. IV. Theodore Roosevelt. Treaty with Great Britain 1814 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] On 18 June 1812 the United States again declared war against Great Britain. This struggle, sometimes called the second war for independence, continued till 8 January 1815 when General Packenham surrendered to General Jackson at New Orleans. In the autumn of 1812 the czar of Russia 452 NOTES ON THE TEXT offered to mediate between Great Britain and the United States. The United States would have accepted his offices but Great Britain refused them, though she declared her readiness to treat with the United States directly. After many delays the commissioners met at Ghent in August 1814. Great Britain took a high hand and made demands, many of which had no relation to the causes of the war. The Americans refused to consider them and negotiations were broken off. Then came a series of defeats to the army of Great Britain and her commissioners were instructed to ask the Americans for the heads of a treaty. A dispute between the American commissioners caused more delay but a compromise was finally effected and the treaty was con cluded 24 December 1814. AUTHORITIES A History of the People of the United States. Vol. IV. John Bach McMaster. History of the United States of America. Vol. IX. Henry Adams. John Quincy Adams. John T. Morse, Jr. Treaty with Spain 1819 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] Florida which was the property of Spain was the source of considerable trouble to the southern states. It was an asylum for fugitive slaves, and a rendezvous for pirates and other desperadoes who gradually gained control of a large part of the territory. The Seminole Indians fre quently combined with these desperate characters in attacks upon the Georgia plantations. Several attempts were made 453 NOTES ON THE TEXT to subdue the Indians and at last General Jackson who invaded Florida in 1818 conquered them, though the terri tory remained in the hands of the Spanish. President Madison had in 1810 taken possession of West Florida, as the strip of coast on the Gulf was called, and at the same time congress had authorized him to take " temporary pos session " of East Florida. Although this was not done Spain saw that she could not long hold East Florida and she decided to sell it to the United States. A treaty for the cession of the territory was made 22 February 1819 but it was not ratified by Spain till 24 October 1820. By an act of congress of 3 March 1821 President Madison was author ized to take possession of the territory. AUTHORITIES A History of the People of the United States. Vol. IV. John Bach McMaster. John Quincy Adams. John T. Morse, Jr. Missouri Compromise 1820-1821 [Text derived from United States Statutes at Large, mo In March 1818 Missouri, which was a part of the Louisi ana territory, made application for admission to the Union with her rights as a slave-holding state secured to her in her constitution. This demand set the north and the south at issue and a debate began which lasted nearly two years. The question was not only one of admitting Missouri as a slave-holding state; a larger one was involved what divi sion of the Louisiana territory was to be made as between free and slave states? After much delay a compromise was proposed: Missouri might be admitted as a slave-hold ing state upon the condition that all the states afterward 454 NOTES ON THE TEXT formed from the portion of the Louisiana territory lying north of latitude 36 30 should be free and that slavery should forever be excluded from that part of the territory. The conditions were accepted and Missouri was authorized to organize a state government with slavery in its constitu tion. The members of the Missouri convention who framed the constitution inserted a paragraph making it the duty of the state legislature to prevent mulattoes and free negroes from settling in the state. The constitution was presented to congress for approval and the battle was fought over again. Another compromise was proposed by Henry Clay offering Missouri admission provided the objectionable clause relating to free negroes should " never be construed to authorize the passage of any law." The compromise was accepted and on 2 March 1821 the bill passed both houses. President Monroe announced the admission of Missouri 10 August 1821. AUTHORITIES The Middle Period. John W. Burgess. A History of the American People. Vol. IV. John Bach McMaster. Life of Henry Clay. Carl Schurz. The American Conflict. Vol. I. Horace Greeley. History of the Rise and Fall of the Slave Power in America. Vol. I. Henry Wilson. The Monroe JDoctri?ie 1823 [Text derived from President Monroe s seventh annual message to congress, dated 2 December 1823. The message is found in House and Senate Journals, 1st session of 18th congress.] After the fall of Napoleon the sovereigns of Europe 455 NOTES ON THE TEXT formed themselves into an alliance for restoring monarchies and at the same time for crushing the idea of constitutional liberty which had begun in France and had spread over Europe. In 1823 the alliance aided Spain to put down a revolution and restore Ferdinand VII to his throne and was about to consider Spain s request for assistance in winning back her South American colonies which had revolted and declared their independence. In the mean time Russia which owned Alaska asserted her claim to all of the Pacific coast north of the fifty-first parallel and forbade seamen of any other nation to sail within a hundred miles of the coast. Fur traders from Alaska were gradually creeping down to Oregon which at that time was held in common by the United States and Great Britain. The probable policy of the alliance and the encroachments of Russia led Presi dent Monroe in his message of 1823 to state his policy to ward foreign powers who might attempt " to extend their system to this portion of the hemisphere." The protest was effective; Spain took no more steps toward regaining her American colonies and Russia soon made a treaty which opened the Pacific to the United States. This foreign policy has since been known as the Monroe Doctrine,, though its principles are those of Washington and his immediate successors. It has seemed to the presi dents following Monroe as a safe and necessary policy. There is still some discussion as to what the doctrine really is. It has been stated in various ways and has sometimes been understood in a broader sense than intended by Pres ident Monroe. The doctrine has never been ratified by congress and foreign powers are not bound by international law to observe it. It is efficacious because the United States has power to enforce it. 212 Rights . . . menaced. Aside from the invasions of Russia there was fear that if the alliance helped Spain 456 NOTES ON THE TEXT to regain her American colonies Russia might demand Cali fornia as her share of payment from Spain and thus com mand the Pacific. 212 Whose independence we have . . . acknowledged. The United States in May 1822 recognized the inde pendence of the Spanish-American states. 213 Government de facto. By a de facto government is meant the one in power though it may not be the rightful one. AUTHORITIES The Middle Period. John W. Burgess. A History of the People of the United States. Vol. V. John Bach McMaster. James Monroe. Daniel Coit Oilman. Treaty with Great Britain 1842 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] Several questions between the United States and Great Britain called for settlement during the administration of President Tyler. Only part of the boundary-line between the United States and Canada had been defined by the Jay treaty. The boundary from the River St. Croix to the St. Lawrence and from Lake Huron to the Rocky mountains was still in dispute. Then too there were difficulties con nected with the acts of American sympathizers during the Canadian rebellion of 1837 and with the suppression of the slave-trade. Great Britain sent Lord Ashburton to Wash ington with full power to settle the disputes and Daniel Webster represented the United States. On 9 August the 457 NOTES ON THE TEXT Webster-Ashburton treaty was concluded which settled most of the disputed points except the Oregon boundary. AUTHORITIES History of the United States. Vol. IV. J. Schouler. Life of Daniel Webster. Vol. II. George Ticknor Curtis. Daniel Webster. John Bach McMaster. Thomas Hart Benton. Theodore Roosevelt. Treaty with Great Britain 1846 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] The Ashburton treaty concluded in 1842 between Great Britain and the United States defined part of the disputed boundary between the two countries, but the dividing line west of the Rocky mountains was left undetermined. The territory known as the Oregon country, between 40 and 54 40 , was claimed by the United States both by virtue of the discovery of the Columbia river and by purchase from France in 1803, France having included it in the Louisiana territory. Great Britain claimed the country as far south as the Columbia river. It had seemed impossible to effect a compromise and since 1818 the two countries had agreed upon a joint occupation of the territory with an understanding that either party could terminate the arrange ment on twelve months notice. During the presidential campaign of 1844 the Democratic party stood for the re- occupation of Oregon and the re-annexation of Texas and their slogan was " Fifty-four Forty or Fight." President Polk in 1846 notified Great Britain that the United States was about to withdraw from the agreement for joint occu pancy. In this crisis Great Britain made terms with the 458 NOTES ON THE TEXT United States and a treaty was concluded. The United States accepted the forty-ninth degree of north latitude as her northern boundary and relinquished Vancouver s island to Great Britain. AUTHORITIES Thomas Hart Benton. Theodore Roosevelt. Thirty Years View. Vol. II. Thomas Hart Benton. Treaty with Mexico 1848 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] In 1821 Mexico revolted from Spain and established her independence, including Texas in her territory. Texas had been a part of the Louisiana purchase but in order to secure the Floridas the United States had in 1819 relinquished Texas to Spain. Two offers of the United States for the purchase of Texas were refused by Mexico. Meanwhile Texas was rapidly being settled by immigrants from the states, most of them from the south. Mexico had a few years after her declaration of independence abolished slavery, nevertheless the slave-holding immigrants took their slaves with them and when they had become sufficiently strong they framed a constitution for Texas. In 1836 Texas seceded from Mexico with a view to annexation by the United States. There was much controversy on the subject in congress, for the admission of Texas meant the extension of slavery. At last by a joint resolution of both houses Texas was annexed 3 March 1845 and in December of that year received her statehood. The question of the boundaries of Texas was certain to result in trouble with Mexico and war was declared 13 May 1846. The struggle 459 NOTES ON THE TEXT ended with the signing of the treaty of Guadalupe Hidalgo by which the United States gained more than it had set out to fight for the territory known as New Mexico and Upper Calif ornia_, in addition to Texas, a region comprising 851,- 590 square miles. AUTHORITIES History of the War with Mexico. Horatio O. Ladd. Thirty Years View. Vol. II. Thomas Hart Benton. The Constitutional and Political History of the United States. Vol. III. Dr. H. von Hoist. Treaty with Great Britain 1850 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] By the treaty of 1848 with Mexico the United States acquired California and simultaneously gold was discovered in that territory. The rush of immigration caused the government to consider the question of an easy route to Cali fornia and in 184Q a treaty was made with Nicaragua by which the United States gained the right to construct a ship-canal across the Isthmus of Panama. The eastern coast of Nicaragua was occupied by the Mosquito Indians over whom Great Britain claimed a protectorate. The Unit ed States maintained that "the Mosquito Indians had no such settled territorial site; that if they had Great Britain had no such protectorate or sovereignty over them as to authorize her to exercise dominion over their soil, even if they had any." But fearing that the prosecution of the canal might bring on a war with Great Britain the United States authorized the Secretary of State to negotiate with the British minister at Washington for the settlement of 460 NOTES ON THE TEXT the difficulty. The result was the Clayton-Bulwer treaty by which Great Britain and the United States agreed to a joint protectorate over the proposed canal. The signing of the treaty was followed by much discussion about its provisions and before work on the canal was begun the Civil war occupied the attention of the United States. Since then the United States claimed that the treaty was void or voidable for these reasons : " first,, that the consideration of the treaty having failed, its object never having been accomplished, the United States did not receive that for which they covenanted; and second, that Great Britain has repeatedly violated her agreement not to colonize the Cen tral American coast." AUTHORITIES History of the United States from the Compromise of 1850. Vol. I. J. F. Rhodes. Digest of the International Law of the United States. F. Wharton. Compromise of 1850 [The text of Clay s Resolutions is derived from Senate Journal, 31st Congress, 1st Session; The Report of the Committee of Thirteen from Senate Report 123, 31st Con gress, 1st Session; The Texas and New Mexico Act, the California Act, the Utah Act, the Fugitive Slave Act and the Act to Suppress the Slave Trade in the District of Columbia are from United States Statutes at Large, IX.] By the treaty of 1848 with Mexico the United States ac quired Texas, New Mexico and California. As early as 1846 at the first prospect of the acquisition the question whether or not slavery should be tolerated in the new terri- 461 NOTES ON THE TEXT tory began to be debated. While the bill to provide for the purchase was before the house David Wilmot of Pennsyl vania proposed an amendment, since known as the Wilmot proviso, excluding slavery from any territory to be acquired from Mexico. This proviso expressed the opinion of the anti-slavery party which insisted that in territory strictly under the jurisdiction of congress slavery should be pro hibited. The slave-holding men on the other hand main tained that in order to keep the balance between the two sections any new territory must be equally divided between the slave-holding and the free states. The struggle went on for three years ; bills for organizing the territory according to the Wilmot proviso passed the house but were rejected by the senate. California framed an anti-slavery constitution and 3 June 1849 asked for admission. New Mexico, part of which was claimed by Texas, also formed a state constitution. The slavery party demanded the rejection of California and an amendment to the United States Constitution which would guarantee no further proscription of slavery. On 29 January 1850 Henry Clay proposed a series of resolutions intended to settle the vexed questions and restore harmony between the North and the South. On 19 April the resolutions were referred to a compromise committee of 18 and 8 May they reported a new series of seven resolutions which composed the real Compromise of 1850. These measures were grouped in one bill called the Omnibus bill. It was debated and amended till nothing was left of it but the act to estab lish a territorial government for Utah, which was passed. By this time however some compromise was seen to be necessary, for Texas with the promise of aid from some of the other southern states was ready to enforce her claim to New Mexico. The bills which had failed when grouped as the Omnibus bill were all passed separately. The anti- 462 NOTES ON THE TEXT slavery side gained by this compromise the admission of California as a free state and the prohibition of the slave- trade, though not of slavery, in the District of Columbia. The slavery party gained extensive concessions to Texas and a more stringent fugitive slave law. New Mexico and Utah were organized under territorial governments, the question of slavery within their limits being left for the present to the inhabitants. 264 Persons . . . appointed commissioners. Accord ing to decisions of the supreme court the state officials could not be compelled to enforce the fugitive slave law, so com missioners were appointed for the purpose. 266 Posse comitatus. The law-abiding citizens of a community called upon to assist a legal officer in enforcing a law. AUTHORITIES Life of Henry Clay. Carl Schurz. History of the United States from the Compromise of 1850. Vol. I. J. F. Rhodes. Daniel Webster. Henry Cabot Lodge. Life of Daniel Webster. Vol. II. George Ticknor Curtis. History of the Rise and Fall of the Slave Power in America. Vol. II. Henry Wilson. Treaty with Mexico 1853 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] The treaty of Guadalupe Hidalgo did not clearly define the boundaries between the United States and Mexico. The difference was adjusted by a treaty which ceded to the United States the Masilla valley, or that part of Arizona south of the Gila river, a region containing 45,435 square 463 NOTES ON THE TEXT miles. The negotiations were conducted by James Gadsden, the American minister to Mexico, and the treaty is called by his name. AUTHORITIES History of the Pacific States. Vol. V. Hubert Howe Ban croft. The Constitutional and Political History of the United States. Vol. V. Dr. H. von Hoist. Kansas-Nebraska Act 1854 [Text derived from United States Statutes at Large, X.] For a brief time the compromise of 1850 was regarded by both the slavery and the anti-slavery party as a " finality." The slavery issue was opened again early in 1854 by a bill introduced in the senate by Stephen A. Douglas, Chair man of the senate committee on territories, providing for the organization of the Nebraska territory with the question of slavery to be left for its inhabitants to settle at the time of the adoption of their state constitution. Bills for the organization of the territory had previously been presented but no reference had been made to slavery. This demand was in accordance with the doctrine of Popular Sovereignty (called Squatter Sovereignty by its opponents) which claimed the " right of the people of an organized Territory under the Constitution and laws of the United States to govern themselves in respect to their own internal polity and domestic affairs." The slavery provision in the Doug las bill was virtually a repeal of the Missouri compromise, for Nebraska was a part of the territory from which slavery was forever to be prohibited. Douglas and his party claimed that the Compromise of 1850 had repealed that of 4>64> NOTES ON THE TEXT 1820 and cited the cases of the territories of Utah and New Mexico in which the question of slavery had been left to the option of the inhabitants. An amendment to the Nebraska bill was moved, repealing that part of the Mis souri compromise which related to the territory in question. This was accepted by Douglas and he presented a new bill which provided for the organization of the Kansas and Nebraska territories within the disputed region instead of Nebraska alone. After a few other amendments the bill passed the senate 4> March 1854. It was discussed in the house till 22 May when it was passed. Because of more amendments it was again sent to the senate and passed 26 May 1854. AUTHORITIES History of the United States from the Compromise of 1850. Vol. I. James Ford Rhodes. Constitutional and Political History of the United States. Vol. III. Dr. H. von Hoist. History of the Rise and Fall of the Slave Power in America. Vol. II. Henry Wilson. Lincoln s First Inaugural Address 1861 [Text derived from Abraham Lincoln, A History. Vol. 3. By John G. Nicolay and John Hay.] Lincoln was nominated at Chicago 18 May I860 by the National Republican Convention " on the policy of restrict ing slavery so as to let it die a natural death within a narrowly confined area." He was elected by a majority of 57 votes in the electoral college. Between his election and his inauguration seven southern states had seceded, formed a confederation and were living under a provisional consti- 465 NOTES ON THE TEXT tution. Most of the forts, dock-yards and arsenals belong ing to the United States within these seven states had been seized by the Confederate government. Thus Lincoln met a problem which might have appalled even his stout heart. All the country was looking to see what the new president would do and his inaugural address was awaited with anxiety. The inauguration ceremonies were held 4 March 1861 on the east portico of the capitol in the presence of the largest gathering that had ever witnessed the inauguration of a president. Lincoln was introduced by Senator Baker of Oregon, then he delivered his inaugural. The address which outlined the policy of the new president was wise, farseeing, yet dispassionate. While it yielded no principle to which he was bound to adhere it was not radical nor calculated to antagonize those who were wavering between loyalty to country and state. 283 One of those speeches. This speech was Lincoln s reply to Douglas in the first joint debate given at Ottawa, Illinois 21 August 1858. AUTHORITIES The Life and Public Services of Abraham Lincoln. Henry J. Raymond. The Life of Abraham Lincoln. Vol. II. Ida M. Tarbell. Abraham Lincoln, A History. Vol. 3. John G. Nicolay and John Hay. The Civil War and the Constitution. Vol. I. John W. Burgess. History of the United States from the Compromise of 1850. Vol. III. J. F. Rhodes. 466 NOTES ON THE TEXT Constitution of the Confederate States of America 1861 [Text derived from Confederate Statutes at Large, edi tion of 1864.] The legislature of South Carolina, convened for the pur pose of appointing presidential electors, was still in ses sion when the election of Lincoln was announced. A con vention was appointed to meet at Columbia to take steps for the preservation of the commonwealth. The convention met 17 December I860, and 20 December unanimously voted that the ordinance adopted 23 May 1788 ratifying the Constitution of the United States and all subsequent ratifications of amendments were to be considered null and void and that " the union subsisting between South Caro lina and the other states under the name of the United States of America is hereby dissolved." By 1 February 1861 Florida, Mississippi, Alabama, Georgia, Louisiana and Texas had seceded. Deputies from the seven states met in convention at Montgomery, Alabama and drew up a consti tution for a provisional government which was adopted 9 February. Jefferson Davis of Mississippi was chosen pres ident and Alexander H. Stephens of Georgia vice president. On the day of the election of the president a committee was appointed to frame a constitution for a permanent government. This constitution was adopted 1 1 March and at once ratified by all the seceding states. The constitution was based upon the United States Constitution, with only such changes as from the point of view of the seceding states were demanded by the exigencies of the situation. 295 Each State acting. This wording was adopted " in order that the role of the States in the free partnership might not again be questioned." 467 NOTES ON THE TEXT 301 Expenses of . . . the Post Office Department, etc. The makers of the constitution thought that the franking privilege had been abused and for that reason the post office department was to pay all expenses out of its own revenue after the given date. 306 The President . . . shall be elected. In this con vention as in that of 1787 the method of electing the pres ident caused much discussion. The old method was reluc tantly adopted till a better one could be devised. In making the president ineligible for a second term the makers of this constitution thought they were making a vast improve ment upon the United States Constitution. They elected the president for six years in order to have the advantage of his " experience, ability and services " but they would not renominate him lest he should be tempted to use his power and influence to secure re-election. AUTHORITIES Civil History of the Government of the Confederate States. J. L. M. Curry. Rise and Fall of the Confederate Government. Vol. I. Jefferson Davis. The American Conflict. Vol. I. Horace Greeley. The Civil War and the Constitution. Vol. I. John W. Burgess. Division and Reunion. Woodrow Wilson. Emancipation Proclamation 1863 [Text derived from Abraham Lincoln, A History. Vol. 6. By John G. Nicolay and John Hay.] Lincoln was censured by many of his party because he did not at once take measures to emancipate the slaves. But he knew that the time was not ripe for such a step; 468 NOTES ON THE TEXT he must wait for public sentiment to change. " He declared openly/ says Carl Schurz, " that he had a right to summon the people to fight for the Union, but not to summon them to fight for the abolition of slavery as a primary object; and this declaration gave him numberless soldiers for the Union who at that period would have hesitated to do battle against the institution of slavery." The war had been in progress for a year and a half when on 22 September 1862 Lincoln issued a preliminary proclamation that on the first day of January in the following year all slaves in the seceded states should be freed unless in the mean time such states should have come back into the Union. Accord ingly 1 January 1863 the definitive emancipation proclama tion was issued. " It was necessary to put the South at a moral disadvan tage by transforming the contest from a war waged against States fighting for the maintenance and extension of slavery by making some open move for emancipation as the real motive of the struggle," says Woodrow Wilson. " Once make the war a struggle against slavery, and the world, it might be hoped, would see it a moral war, not a political, and the sympathy of nations would begin to run for the North, not for the South." AUTHORITIES Abraham Lincoln. Vol. II. John T. Morse, Jr. The Life of Abraham Lincoln. Vol. II. Ida M. Tarbell. A History of the American People. Vol. IV. Woodrow Wilson. History of the United States from the Compromise of 1850. Vol. IV. J. F. Rhodes. The Civil War and the Constitution. Vol. II. John W. Burgess. The American Conflict. Vol. II. Horace Greeley. 469 NOTES ON THE TEXT Lincoln s Gettysburg Address 1863 [Text derived from Abraham Lincoln, A History. Vol. 8. By John G. Nicolay and John Hay.] After the battle of Gettysburg the burial of the dead and the care of the wounded left on the battle-field fell to the authorities of the state of Pennsylvania. At that time it was proposed to set aside a portion of the battle-field as a cemetery where the remains of the fallen soldiers might be brought together and marked with fitting monuments. The governors of the 17 Union states whose soldiers had fallen in that great struggle gave their co-operation and the plan was carried through. It was desired to dedicate the cemetery by an impressive ceremony and Mr. David Wills, acting for the governors of the several states, wrote to Pres ident Lincoln asking that he as chief executive of the nation would " formally set aside these grounds to their sacred use by a few appropriate remarks." The ceremonies took place 19 November 1863. Edward Everett was the orator of the day and Lincoln followed his brilliant oration with " an address of dedication so pertinent, so brief yet so comprehensive, so terse yet so eloquent, linking the deeds of the present to the thoughts of the future, with simple words, in such living, original, yet exquisitely molded, maxim-like phrases that the best critics have awarded it an unquestioned rank as one of the world s masterpieces of rhetorical art." (Nicolay and Hay, Abraham Lincoln.) AUTHORITIES The Life and Public Services of Abraham Lincoln. Henry J. Raymond. The Life of Abraham Lincoln. Isaac N. Arnold. Abraham Lincoln. Noah Brooks. 470 NOTES ON THE TEXT Proclamation of Amnesty 1863 [Text derived from United States Statutes at Large, XIIL] This proclamation of amnesty was Lincoln s first step toward the solution of the problem of reconstruction which confronted president and congress. " Lincoln seems to have held from the beginning that while, as commander- in-chief he was bound to carry the war into the heart of the seceding states, he was also bound, as civil executive, to endeavor to restore civil relations with the states them selves." In his annual message of the same date he de fended the theories set forth in the proclamation. This proclamation indicates what his policy would have been had he lived to carry it out to create by pardon a loyal party in the seceded states and as soon as possible put the loyal class in control of the state government. On 26 March 1864 Lincoln issued a supplementary proclamation to ex plain that he did not intend to include prisoners of war in the first proclamation. 321 Laws . . . declaring . . . confiscation, etc. " An Act to confiscate Property used for Insurrectionary Pur poses " was passed 6 August 1861 and " An Act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other Pur poses " was passed 17 July 1862. The latter authorized the president to extend pardon and amnesty to persons who had taken part in the rebellion. 322 Such person shall take . . . an oath. In his mes sage of the same date as the proclamation President Lincoln said, " There must be a test by which to separate the oppos ing elements, so as to build only from the sound, and that test is a sufficiently liberal one which accepts as sound who ever will make a sworn recantation of his unsoundness." 471 NOTES ON THE TEXT 823 States of Arkansas . . . North Carolina. Virginia is not included because her government had already been recognized. AUTHORITIES A History of the American People. Vol. V. Woodrow Wilson. Reconstruction and the Constitution. John W. Burgess. Lincoln s Second Inaugural Address 1866 [Text derived from Abraham Lincoln, A History. Vol. 10. John G. Nicolay and John Hay.] Lincoln was renominated 8 June 1864 despite the oppo sition of the radical wing of his own party who criticised his caution and thought that the war should have been pushed to a finish. Before the election, however, the for tune of war turned and the North gained some important victories. Confidence in the president s policy was restored and he received 212 electoral votes. As before, the inauguration took place on the east portico of the capitol but this time the spectators saw what was never seen before at such a ceremony negro citizens marching in the procession and forming a part of the mili tary escort. The president s inaugural, in beauty and sub limity, rivaled the address given on the battle-field of Gettysburg. Lincoln himself said of it, "I expect it to wear as well as, perhaps better, than anything I have pro duced." At the conclusion of the address the oath was adminis tered by Chief Justice Chase. 472 NOTES ON THE TEXT AUTHORITIES The Life and Public Services of Abraham Lincoln. Henry J. Raymond. Abraham Lincoln, A History. Vol. 10. John G. Nicolay and John Hay. Proclamation Declaring the Insurrection at an End 1866 [Text derived from United States Statutes at Large, XIV.] On 10 May 1865 President Johnson issued a proclama tion which substantially declared that actual hostilities had ceased and that armed resistance to the United States was virtually at an end in the seceding states. A proclamation of 2 April 1866 declared the insurrection at an end in all the states except Texas. Texas soon after adopted the revised constitution and the president s proclamation of 20 August 1866 was an official notice that the insurrection was at an end throughout the country and that the government in the lately seceded states could be carried on by civil instead of military authority. AUTHORITIES Reconstruction and the Constitution. John W. Burgess. Treaty with Russia 1867 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] The possession of Alaska gave Russia a foothold upon American soil and that fact at one time caused the United 473 NOTES ON THE TEXT States no little anxiety. However, the statement of his policy toward foreign powers made by President Monroe in 1823 put a stop to the encroachment of Russia on the Pacific coast. Russia did not value Alaska highly and knew that in case of war she would have difficulty in defending it. As early as 1859 she intimated her willingness to sell it to the United States. Throughout the Civil war Russia had been most friendly toward the United States and the desire to continue the cordial relations and at the same time decrease the foreign power in the United States led our government to accept the offer. The purchase was con cluded 30 March 1867, the formal transfer of the territory was made at Sitka 18 October 1867, thus adding 531,409 square miles to the possessions of the United States. AUTHORITIES History of the Pacific States. Vol. XXVIII. Hubert Howe Bancroft. Twenty Years of Congress. Vol. II. James G. Elaine. The Life of William H. Seward. Vol. II. Frederic Ban croft. Treaty with Great Britain 1871 [Text derived from Revised Statutes of the United States Relating to the District of Columbia, etc.] At the close of the Civil war several important questions were pending between the United States and Great Britain. First in importance was the claim for injuries done during the war by the Alabama, the Florida and other Confeder ate cruisers which were fitted out in English ports and par tially manned by English seamen. Besides there were dif ferences in regard to the northwest boundaries which 474 NOTES ON THE TEXT former treaties had not satisfactorily settled, the respective rights of American and Canadian fishermen and the trade between the United States and Canada. The correspond ence in regard to the Alabama claims was begun as early as 1862. A treaty known as the Johnson-Clarendon convention was signed at London 14 January 1869 but was rejected by the senate " because although it made provision for the part of the Alabama claims . . . for individual losses, the pro vision for the more extensive national losses was not satis factory to the Senate." On 26 January 1871 Great Britain proposed the appointment of a joint high commission which should meet at Washington to treat regarding the differences between the two governments concerning the British pos sessions in North America. To this the United States agreed provided Great Britain would at the same time take up the Alabama claims. Accordingly five commissioners from each country met at Washington and concluded a treaty which provided for the settlement by arbitration of most of the difficulties. 342 Article I-IX. The Geneva tribunal met in Decem ber 1871 and gave a verdict in favor of the United States, awarding a gross sum of $15,500,000 to be distributed by the government. Charles Francis Adams represented the United States. 350 Article XII-XVII. The three commissioners met at Washington in September 1871 and decided in favor of Great Britain, giving her a net award of about $2,000,000. James Frazer represented the United States. 354 Article XVIII-XXV. The three commissioners ap pointed to decide whether " the privileges accorded to the citizens of the United States under Article XVIII of this treaty are of greater value than those accorded by Articles XIX and XXI of this treaty to the subjects of her Bri tannic Majesty" met at Halifax in 1877 and decided that 475 NOTES ON THE TEXT Great Britain gave more than she received and awarded her $5,500,000. 364, Article XXXIF-XLII. The emperor of Germany decided the boundary question in favor of the United States. " The award leaves us for the first time in the history of the United States as a nation, without a question of disputed boundary between our territory and the posses sions of Great Britain," said President Grant. AUTHORITIES The History of the Last Quarter-Century in the United States. Vol. I. E. Benjamin Andrews. History of the United States. Vol. II. E. Benjamin Andrews. Mr. Fish and the Alabama Claims. J. C. Bancroft Davis. Charles Francis Adams. Charles Francis Adams. Annexation of the Hawaiian Islands 1898 [Text derived from United States Statutes at Large, XXX.] In 18Q3 a revolution took place in the Hawaiian islands. The queen, Liliuokalani, was only a nominal sovereign, the power being vested in the legislature. The queen attempted to force upon the people a new constitution which should bring the legislature under her control but the attempt failed. The foreigners living in the capital, most of them Americans, took matters into their own hands. The queen was forced to abdicate and a provisional government was set up which promised that negotiations for annexation to the United States should be made. The United States minister in the mean time took it upon himself to proclaim 476 NOTES ON THE TEXT a protectorate over the islands. The outgoing president, Mr. Harrison, sent an annexation treaty to the senate but it was withdrawn by President Cleveland who disclaimed all that the United States minister had done. On 16 June 1897 a second treaty was sent to congress by President McKinley which had that day been signed by representatives of both governments. The question of annexation was dis cussed till March 1898 when a joint resolution was intro duced into congress. This was finally passed by the house 15 June and by the senate 6 July. The islands were for mally transferred to the United States 12 August 1898 and in April 1900 an act was passed providing for a terri torial form of government. AUTHORITIES America in Hawaii. Edmund Janes Carpenter. A History of the American People. Vol. V. Woodro\ Wilson. Recognition of the Independence of Cuba 1898 [Text derived from United States Statutes at Large, XXX.] On 11 April 1898 President McKinley sent a special message to congress asking for power and authority " to take measures to secure a full and final termination of hostilities between the Government of Spain and the people of Cuba, and to secure in the island the establishment of a stable government, capable of maintaining order and ob serving its international obligations, insuring peace and tranquility and the security of its citizens as well as our 477 NOTES ON THE TEXT own, and to use the military and naval forces of the United States as may be necessary for these purposes." In accord ance with this message a joint resolution for the recog nition of the independence of Cuba was adopted by congress 20 April 1898. AUTHORITIES The War With Spain. Henry Cabot Lodge. A History of the American People. Vol. V. Woodrow Wilson. Treaty with Spain 1898 [Text derived from United States Statutes at Large, XXX.] On 17 July 1898 the town of Santiago and all the eastern ports of Cuba were surrendered to the United States forces. On 26 July the Spanish government through M. Cambon, the French ambassador at Washington, began overtures for peace and on 30 July definite terms were proposed. Hos tilities were suspended 12 August and a peace protocol was signed at Washington. The United States sent five commissioners to Paris to treat for peace. They met the Spanish commissioners 1 October and 10 December the treaty was concluded. The appropriation called for by article III was made 2 March 1899- AUTHORITIES The War with Spain. Henry Cabot Lodge. Senate Document No. 148 (Papers Relating to the Treaty with Spain) 56th Congress 2nd Session. 478 NOTES ON THE TEXT Reciprocal Commercial Convention Between the United States and Cuba 1902 [Text derived from message of the President of the United States.] After the adoption of the Cuban Constitution President McKinley promised the Cubans that he would use his influ ence to get some reciprocity measures passed which should lighten the burden of the tariff. President Roosevelt felt pledged to carry out Mr. McKinley s promise and in his message of December 1901 he strongly urged the passage of reciprocity measures. This was most necessary for the Cuban sugar industry was greatly depressed. There was much opposition to the proposition,, chiefly from the manu facturers of beet sugar and from parties interested in cane sugar in the southern states and Hawaii, and it was impossi ble to get a reciprocity bill through congress before its adjournment in June 1902. Then the administration tried another plan. It sent a representative to Cuba to negotiate a reciprocity treaty. Such a treaty was drawn up and rati fied by Cuba. A supplementary convention,, extending the time within which the ratifications of the commercial treaty might be exchanged, was signed by the representa tives of both countries 26 January 1903. After consider able discussion the commercial treaty was ratified by the United States senate, 19 March 1903. A change of tariff rates was involved and since the Constitution gives the house a voice in all matters dealing with revenue, it was necessary to pass a bill before the treaty could go into effect. A joint resolution was considered in the special session of congress which began in November 1903, and was passed 16 December. The president signed the treaty the following day and issued a proclamation announcing that it would go into effect 27 December 1903. 479 NOTES ON THE TEXT Panama Ship-Canal Treaty 1904 [Text derived from message of the President of the United States.] The work of building the Panama canal was begun by a French company organized about the year 1879. The stock was taken in small sums by thousands of French people and concessions were obtained from the republic of Colombia for land and other rights necessary for the work. On 21 February 1881 the construction of the canal began under the direction of Ferdinand de Lessups, the famous French engineer. In 1888 the French stockholders grew suspicious that their money was not properly appropriated and refused to give more. It transpired that the funds had been wasted and that only a small part of the work had been done. In spite of the scandal another company was organized in 1894-5. After a few months there was another scandal and no more money could be raised. Since then very little work has been done and the machinery and other property of the company on the isthmus has been going to ruin. In the meantime the United States government was in vestigating the Nicaragua route. Some of the engineers became convinced that the Panama route was more desir able. At this juncture the French company saw an oppor tunity to get rid of a " white elephant " and proposed to sell out to the United States for $40,000,000. The latter then began negotiations, after the necessary measures had passed through Congress, for the purchase of the canal rights. In order to clear the way for the building of the canal the United States had to do two things buy out the French company and make a treaty with Colombia for the control of the canal strip across the isthmus, over which the republic held sovereignty. A treaty with Colombia was 480 NOTES ON THE TEXT drawn up early in 1903 and ratified by the congress of the United States, but was rejected by the Colombian congress. It is now said that the politicians did not intend to defeat the treaty finally, but the plan was to delay the matter until late in 1904, when the concession to the French company would expire, and then claim a part of the money which was to go to that company. But the prosperity of the cities of Colon and Panama de pended on the building of the canal and the people of the isthmus were so dissatisfied with Colombia for rejecting the treaty that in November 1903 they seceded and set up a republic for themselves. Another treaty for the canal strip was drawn up and was ratified by the United States and the republic of Panama. Final steps have been taken for the transfer of the French company s rights to the United States. 405 Contract with . . . Wyse. In 1877 the Colombian government granted a concession to Lucien N. B. Wyse for constructing a canal across the isthmus. The Panama Canal Company purchased the concession. 481 INDEX Address, of colonists, to king, 42, 46; to people of Great Britain, 42, 46, 55; Washington s fare well, 157-176. Admiralty courts, extension of jur isdiction of, 35, 37, 41, 45. Admission of new states into Union, 93, 108. Alabama claims, settlement of, 342- 354. Alaska, boundaries of, 335-337; treaty for cession of, 335-340. Alliance, treaty of between United States and France, 72-76. Ambassadors, duty of president to receive, 106; original jurisdic tion of supreme court in cases affecting, 107; recall of, 154. Amendments, to Constitution, pro vision for, 109; added to Con stitution, 112-117; Lincoln on, 292. Amnesty, proclamation of, 321- 324. Annexation of Hawaiian islands, resolution for, 369-371. Appellate jurisdiction of supreme court, 107. Arbitration, settlement of Alabama claims by, 343-354; settlement of Oregon boundary by, 365- 368. Arms, declaration of causes and necessity of taking up, 43-51; colonists forced to resort to, 43; right of people to keep and bear, 112. Army, power of congress to raise and equip, 66, 67. Articles, of confederation of New England colonies, 19-27; of con federation of 1777, 59-71. Ashburton treaty, 215-225. Assemblies, colonial, dissolved, 38, 53, 55. Association, non-importation, non- consumption, and non-exporta tion, 42, 46. Attainder, no bill of to be passed by congress, 101; by any state, 102. Bail, excessive, not allowed by con stitution, 114. Bankruptcies, laws for, established by congress, 100. Bills, for raising revenue to orig inate in house of representatives, 99; all to be presented to presi dent, 99; how passed over presi dent s veto, 99. Boston, act to discontinue use of as port, 37, 42, 45; treachery of General Gage to inhabitants of, 48. Boundaries, of Quebec enlarged, 54; method of deciding disputes about between states, 64, 65; 482 INDEX between British possessions and United States, 79, 80, 186-192, 215-219, 227, 364, 365; of states formed from northwest territory, 92, 93; of territory of Six Nations, 127; between United States and Spanish pos sessions, 196-198; of Missouri, 206, 207; of Oregon, 227, 365- 368; between United States and Mexico, 234-236, 274, 275; of Texas, 258, 260, 262; of Utah, 261; of New Mexico, 262, 263; of Alaska, 335-337; of the Phil ippine islands, 375, 376; of Panama canal strip, 394, 395. Bulwer, Clayton-Bulwer treaty, 251-257. California, Clay s resolution for admission of, 258; report on res olution for admission of, 260; act for admission of, 263, 264. California, gulf of, open by treaty with Mexico, 236. Canada, provision for admission to confederation, 68. Canal, Washington urges construc tion of interior, 161; treaty with Great Britain for Nicaragua, 251-257; Great Britain to urge Canada to open to United States, 360; convention between United States and Panama for construction of, 393-408. Charlestown, burned by British, Charter, first Virginia, 5-17; col onists entitled to rights granted by, 40; Massachusetts, taken away by crown, 54. Chinese, immigration of to Hawai ian islands forbidden, 371. Claims, mutual relinquishment of by United States and Spain, 200-203; to New Mexico, re linquished by Texas, 259, 260; Alabama, settlement of, 342, 354 Clay s resolutions, 258, 259. Clayton-Bulwer treaty, 251-257. Coin, exclusive right of congress to regulate value of, 65. Colombia, president of United States authorized to acquire control of territory from, 393, 394. Colonists, American, entitled to rights of native-born British subjects, 34; petitions of treated with contempt, 46, 55. Colorado river open by treaty of 1848, 236. Columbia, District of, suppression of slave-trade in, 259, 260, 272; fugitive slave law in, 270-272. Columbia river open to Hudson bay company, 227. Commerce, power of congress to regulate, 100. Commissioners, board of, estab lished by parliament, 37. Committee of thirteen, recapitula tion of report of, 260. Compact, Mayflower, 18. Compromise, Missouri, 206-210; repeal of, 281, 282. Compromise of 1850, 258-272; 483 INDEX Clay s resolutions, 258, 259; re capitulation of report of com mittee of thirteen, 260; Utah act, 261; Texas and New Mexico act, 261-263; California act, 263, 264; Fugitive slave act, 264-271; act to suppress slave- trade in District of Columbia, 272. Concord, assault on, 48. Confederation, articles of new England colonies, 19-27; arti cles of 1777, 59-71. Confiscations, not to be made against British loyalists, 82; not to be made in case of war be tween Great Britain and United States, 143; of Mexican property not allowed, 244. Congress, confederate, choice and apportionment of representa tives, 295, 296; choice and ap portionment of senators, 296; powers and duties of each house, 298; adjournment of, 298; power of, 300-302; appropriation of money by, 303; messages and recommendations of president to, 310; power to punish treason, 311; power to legislate over new territory, 313; proposition of amendments by, 313, 314. Congress, continental, declaration and resolves of first, 37-42; deputies to appointed by several colonies, 38. Congress, United States, choice and apportionment of represen tatives, 95, 96; choice and appor tionment of senators, 96; powers and duties of each house, 98; adjournment of, 98; power of, 99-101, 108; time of choosing presidential electors determined by, 104; messages and recom mendations to by president, 106; power of to punish treason, 107; proposition of amendments by, 109. Constitution, confederate, 295-316; qualifications of representatives, 295; apportionment of repre sentatives, 295, 296; qualifica tions of senators, 297; powers of each house, 298; compensation of members of congress, 298; passage of bills, 299, 300; power of congress, 300-302; importa tion of negroes from foreign countries forbidden, 302; right of habeas corpus, 303; bill of at tainder and ex post facto law for bidden, 303; rules for appropria tion of money, 303; no title of nobility to be granted, 304; no law respecting an establishment of religion allowed, 304; freedom of speech and of the press not to be abridged, 304; right to bear arms, 304 ; right to trial by jury, 305; restrictions on power of states, 305, 306; election of presi dent and vice-president, 306, 307; removal of president from office, 308; duties of president, 309, 310; judicial power, 310, 311 ; treason and its punishment, 311; jurisdiction of supreme 484 INDEX court, 311; fugitive slave law, 312; rights of states, 312; ad mission of new states, 312; ac quisition of territory, 313; con stitution guarantees protection to every state, 313; provision for amendments, 313, 314; shall be the law of the land, 314. Constitution, United States, 95- 111; qualifications of represen tatives, 95; apportionment of representatives, 95, 96; qualifi cations of senators, 97; duties of the senate, 97; powers and duties of each house, 97, 98; compen sation of members of congress, 98 ; passage of bills, 99 ; powers of congress, 99-101 ; importation of slaves forbidden after 1808, 101 ; right of habeas corpus, 101; bill of attainder and ex post facto law forbidden, 101; no taxes between states, 102; appropriations of money from treasury, 102; no title of nobility to be granted, 102; restrictions on power of states, 102, 103; election of presi dent and vice-president, 103, 104, 114, 115; qualifications for president, 104; removal of presi dent from office, 104; duties of president, 105, 106; judicial power, 106, 107; jurisdiction of supreme court, 107; treason and its punishment, 107; rights of states, 107, 108; fugitive slave law, 108; admission of new states, 108; rules respecting ter ritory, 108; protection of United States guaranteed to each state, 108; provision for amendments, 109; shall be the supreme law of the land, 109 ; amendments to, 112-117; Lincoln quotes from, 284; Lincoln declares no right therein written denied, 288. Consuls appointed by United States and Great Britain, 147. Contraband of war, citizens of United States forbidden to carry, 124; procedure with vessels sus pected of carrying, 147; enumer ation of articles comprising, 148. Convention, reciprocal, between United States and Cuba, 383- 389; supplementary, between United States and Cuba, 390- 392; between United States and Panama, 393-408. Copyright secured to authors by congress, 100. Council appointed by British crown, 40, 54. Counterfeiting of coin punishable by congress, 100. Credit, full, to be given to each state, 60, 107, 108. Creditors, debts to be paid to both British and United States, 81; compensation to be made to British, 137. Cuba, recognition of independence of, 372, 373; Spain relinquishes claim to, 375; reciprocal com mercial convention between United States and, 383-389; supplementary, between United States and, 390-392. 485 INDEX Declaration of rights, 34-36. Declaration and resolves of first continental congress, 37-42. Declaration of causes and neces sity of taking up arms, 43-51. Declaration of independence, 52- 58. Debt, public, power of congress to pay, 99; as valid under Consti tution as under articles of con federation, 109; validity not to be questioned, 117; Washing ton urges payment of, 169. Detroit river open by treaty of 1842, 223. District of Columbia, suppres sion of slave-trade in, 259, 260, 272; fugitive slave law in, 270, 271. Duties, imposed on colonists by Great Britain, 35, 37, 45, 47, 54; repeal of stamp requested, 36; on British goods, 134, 361-363; on Indian goods, 134; between Great Britain and United States, 146; on French and Spanish goods, 180; between United States and Spain, 382; between United States and Cuba, 383- 388; between United States and Panama, 401. Education, encouragement of means of in northwest territory, 91. Election, writs of, vacancies in representation filled by, 96; of president and vice-president, 103, 104, 114, 115. Electors, presidential, qualifica tions of, 95; appointment of, 103; method of voting, 114, 115. Emancipation proclamation, 317- 319. Excises, power of congress to lay and collect, 99; must be uniform throughout United States, 100. Ex post facto law, not be passed by congress, 101; by any state, 102. Extradition of criminals, between states, 60, 108; agreement for between United States and Great Britain, 155, 224. Farewell address, Washington s, 157-176. Fisheries, colonists prohibited from by Great Britain, 47; rights in granted to United States by Great Britain, 80, 354-356. Florida, Spain cedes to United States, 196. France, and United States unite against Great Britain, 72, 73; treaty with of 1778, 72-76; treaty with of 1803, 177-182; cedes Louisiana to United States, 178, 179. Fugitive slaves, law for reclaiming in northwest territorial govern ment, 94; clause in Constitution, 108; provision for prompt de livery of, 259, 260; act, 264-272; law in District of Columbia, 270, 271; law in Nebraska, 281; Lincoln quotes clause from Constitution, 284; enforcement 486 INDEX of law, 285, 290, 291; clause in Confederate Constitution, 312. Gadsden treaty, 273-279. Gage, General, sent to subdue colonists, 47; assault upon Lex ington and Concord, 48; treach ery of to inhabitants of Boston, 48; proclamation of, 49. Gettysburg, Lincoln s address at, 320. Ghent, treaty of, 183-194. Gila river open by treaty of 1848, 237. Great Britain, colonists disclaim intention to separate from, 50; France and United States form treaty of alliance against, 72; acknowledges independence of United States, 78; treaty with of 1783, 77-84; treaty with of 1794, 131-156; promises to vacate posts and places assigned to United States, 132; United States agree to pay delayed debts to subjects of, 137; agrees to in demnify United States citizens for illegal capture of vessels, 140; United States agrees to indem nify subjects of for capture of vessels, 142; subjects of to retain lands held in the United States, 143; debts nor money of not to be confiscated in case of war, 143; consuls to be appointed by, 147; treaty with of 1814, 183- 194; and United States agree to stop hostilities with Indians, 193 ; and United States unite to abolish traffic in slaves, 193; treaty with of 1842,215-225; and United States agree to suppress slave-trade, 223, 224; treaty with of 1846, 226-229; treaty with of 1850, 251-257; treaty with of 1871, 341-368. Guadalupe Hidalgo, treaty of, 230-250; abrogation of articles in, 275-277. Guam, Spain cedes to United States, 375. Habeas corpus, right of in north west territory, 90; not to be sus pended unless required by pub lic safety, 101. Hawaiian islands, annexation of, 369-371; public debt of, 370, 371; government of, 370, 371; treaties of, with foreign powers, 370. House of representatives, choice of members, 95; qualification of members, 95 ; apportionment of representatives, 95, 96, 116; has sole power of impeachment, 96; compensation of members, 98; all bills for raising revenue to originate in, 99; part of in elec tion of president, 104, 115. Hudson s bay company, Columbia river open to, 227. Impeachment, punishment of, 97; senate has sole power to try, 97; of president and all civil offi cers, 106. 487 INDEX Importation of slaves after 1808 forbidden by Constitution, 101. Imposts, power of congress to lay, 99; to be uniform throughout United States, 100; net produce to be for United States treasury, 102. Impressment of American seamen by Great Britain, 55. Inaugural address, Washington s first, 118-122; Washington s second, 123; Lincoln s first, 283- 294; Lincoln s second, 325-327. Independence, declaration of, 52- 58; Great Britain acknowledges the United States, 78; of Spanish- American colonies, recognition of, 212, 213; of Cuba, recogni tion of, 372, 373; United States guarantees to Panama, 394. Indians, typical early treaty with, 28-33; instigated against colo nists by Great Britain, 49, 55; good faith toward in northwest territory, 91; treaty with Six Nations, 126-130; United States and Great Britain agree to stop hostilities toward, 192, 193; control of in territory ceded by Mexico, 239, 240; rights of in Nebraska, 281. Insurrection, proclamation declar ing at an end, 328-334. James, king, grants charter of Vir ginia, 5-17. Jay treaty, 131-156. Jefferson, Thomas, on capture of British vessels, 141. Johnson, Andrew, proclamation declaring insurrection at an end, 328-334. Judges made dependent on British crown, 37, 54. Judicial power of United States, how vested, 106; extent of, 107. Jury, trial by, colonists deprived of, 41, 45, 54; right to in north west territory, 90; provided for in Constitution, 107, 113. Kansas-Nebraska act, 280-282. Kansas, provisions relating to ter ritory of, 282. Law of nations, violation of pun ishable by congress, 100. Legislations, colonial, suspended, 45, 55. Letters of marque and reprisal, 63, 100. Lexington, assault on, 48. Lincoln, Abraham, first inaugural address, 283-294; denies inten tion to interfere with existing slavery, 283; quotes fugitive slave clause from Constitution, 284; on enforcement of fugitive slave law, 284, 285, 290, 291; holds union of states to be per petual, 286, 287; declares no law written in Constitution denied, 288; calls central idea of seces sion anarchy, 289, 290; dis cusses decision of constitutional questions by supreme court, 290; shows difference between seces- 488 INDEX sion and divorce, 291 ; on amend ments to Const! tution,292; eman cipation proclamation, 317-319; Gettysburg address, 320; proc lamation of amnesty, 321-324; second inaugural address, 325- 327. Louisiana, treaty for cession of, 177-182; ceded to France by Spain, 178; ceded to United States by France, 178. Maine, destruction of battleship, 372. Manila, capture of, 376. Marque, letters of, 63, 100. Massachusetts Bay, act for regu lating government of, 38, 42, 45 ; act for impartial administration of justice in, 38, 42, 45; parlia ment declares to be in rebellion, 47. Mayflower compact, 18. Mexico, treaty with, of 1848, 230- 250; possession of custom houses to be restored to, 232; military property to be restored to, 233; control of Indians in territory ceded by, 239, 240; claims of and against discharged, 241- 243; no slavery condition in ter ritory derived from, 258; treaty with of 1853, 273-279. Michigan, lake, open to Great Britain, 360. Militia, provision for organization of, 101; power of congress to call out, 101; president commander of, 105; necessary to security of state, 112; trial of cases arising in, 113. Mississippi river, open by treaty of 1783, 83; by treaty of 1794, 133; survey of, 135, 136. Missouri compromise, 206-210; enabling act, 206-209; resolu tion of March 2, 209, 210; repeal of compromise, 281, 282. Missouri, state of, enabling act, 206-209; authorized to form state constitution, 206; bounda ries of, 206, 207; resolution for admission of, 209, 210. Money, coinage of in power of con gress, 100; power of congress to borrow, 100. Monroe doctrine, 211-214. Monroe, James, states his foreign policy, 211-214. Most favored nation, France to be treated on footing of, 181. Napoleon sells Louisiana to United States, 178. Nations, law of, offence against punishable by congress, 100. Naturalization, laws for obstruct ing passed by British, 53 ; rule for established by congress, 100. Navy, power of congress to pro vide, 66, 100. Nebraska, provision for admission of without slavery restrictions, 280; Kansas-Nebraska act, 280- 282; boundary of, 280, 281. Negroes, not to be carried away by the British, 83; importation of forbidden by Constitution, 101 j 489 INDEX emancipated 8 January, 1863, 317. Neutrality, proclamation of, 124; Washington s views on, 174, 175; principles of in Monroe doctrine, 213, 214; of Nicaragua canal guaranteed, 253, 254. New England colonies, articles of confederation, 19-27. New Mexico, excluded from Texas 258,260; claim to relinquished by Texas, 259; government of, 260; act for admission of, 262, 263; boundary of, 262, 263. New Orleans, ceded to United States, 179; French and Spanish ships admitted to by United States, 180. Nicaragua canal, treaty with Great Britain for, 251-257. Nobility, no title of to be granted, 102. Non-importation, non - consump tion, non-exportation association, 42, 46. Northwest territorial government, 85-94. Oath, form taken by president, 105; members of congress bound by to support the Constitution, 110; form to be taken by those desiring amnesty, 322. Oregon, boundaries of, 227, 365- 368. Original jurisdiction of supreme court, 107. Panama, proposed canal by way of isthmus of, 256; convention be tween United States and repub lic of, 393-408. Patents secured to inventors by congress, 100. Petitions of colonists treated with contempt, 38, 46, 55. Philippine islands, Spain cedes to United States, 375; boundaries of, 375. Piracies punishable by congress, 100. Pirates, privileges of states against, 62; treatment of by treaty of 1794, 150, 151. Porto Rico, Spain cedes to United States, 375. Post offices and post roads estab lished by congress, 100. President, all bills, orders, resolu tions to be presented to, 99 ; election of, 103, 104, 114, 115; removal of from office, 104; powers and duties of, 105, 106; compensation of, 105. Proclamation, of neutrality, 124, 125; emancipation, 317-319; of amnesty, 321-324; declaring in surrection at an end, 328-334. Proviso, Wilmot, territorial gov ernment in New Mexico and Utah without, 260. Puget s sound company, property confirmed to, 228. Quartering of British soldiers, 42, 45, 54. Quebec, act for government of, 38, 42, 45, 54. 490 INDEX Reciprocal convention between United States and Cuba, 383- 389. Religion, Roman Catholic estab lished in Quebec, 42; no person to be molested on account of, 90; congress not to make laws re specting establishment of, 112. Representatives, qualifications of, 95; apportionment of, 95, 96, 116; time of electing, 97; com pensation of, 98. Representation, in legislative coun cils the foundation of English liberty, 39; method of, under confederation, 61; provision for in northwest territory, 88, 89; vacancies in filled by writs of election, 96. Reprisal, letters of, granted by congress, 100. Republican administration, fears of South in regard to, 283. Restitution of estates to be made to British, 81, 82. Revenue, bills for to originate in house of representatives, 99; taxes necessary for, 170. Rights, declaration of, 34-36; col onists declare they did not forfeit by emigration from Great Brit ain, 39, 40; state, maintenance of essential to balance of power, 283, 284. Rio Bravo del Norte, open by treaty of 1848, 237. Roman Catholic religion estab lished in Quebec, 42. Russia, proposal to negotiate be- 491 tween United States and Great Britain, 211; treaty with for Alaska, 335-340. St. Croix river, survey of, 137. St. Johns river open by treaty of 1842, 219, 220. St. Lawrence river open by treaty of 1842, 223; by treaty of Wash ington, 359. Secession, Lincoln s definition of, 289; Lincoln contrasts with di vorce, 291. Senate, United States, members of, 96; vice-president the president of, 97; sole power of to try im peachments, 97; relation of to bills for raising revenue, 99; president of to open certificates of election, 103, 115; advice and consent of, necessary to make treaties, 105. Senators, qualifications of, 96, 97; division of, 96; time of election of, 97; compensation of, 98. Six Nations, treaty with, 126-130; boundaries of territory, 127; annual allowance to, 129. Slavery, provision against in north west territory, 94; abolition of by thirteenth amendment, 116; pro hibited north of 36 30 north latitude, 209; admission of Cal ifornia without restriction as to, 258; exclusion of from territory acquired from Mexico, 258; inex pedient to abolish in District of Columbia, 259; admission of Utah without restriction as to, INDEX 261; admission of New Mexico without restriction as to, 263; admission of Nebraska without restriction as to, 280; Lincoln s declaration of non-interference with existing, 283; position of under the Constitution, 289; prohibition of by congress in the territories, 289; the real dispute between North and South, 290. Slaves, importation of after 1808 forbidden, 101; Great Britain and United States agree to abol ish traffic in, 193, 215, 216; freed by Lincoln s proclamation, 317, 318. Slave trade, Great Britain and United States agree to suppress, 223; suppression of in District of Columbia, 259, 260, 272; no power in congress to prohibit between slave-holding states, 259. Soldiers, quartering of on colonists, 42, 45, 54. Spain, treaty with, of 1795, 164; cedes Louisiana to France, 178; treaty with of 1819, 195-205; cedes Florida to United States, 196; United States renounces claim against, 200-203; receives help from allied powers, 213; treaty with of 1898, 374-382; relinquishes claim to Cuba, 375, 378; cedes Porto Rico to United States, 375; cedes Guam to United States, 375; cedes Phil ippine islands to United States, 375, 376. Spanish- American colonies, recog nition of independence of, 212, 213. Speaker of house of representa tives chosen by members, 96. South, slavery believed to be right by, 290. Stamp duties tend to subvert rights of colonists, 35; repeal of asked, 36. Standing armies, kept by Great Britain in America, 37, 40, 42, 54. State rights, maintenance of essen tial to balance of power, 283, 284. Supreme court, judges of, 106; original and appellate jurisdic tion of, 107; questions to be de cided by, 290. Tariff laws between United States and Cuba, 384-389. Taxes, illegally imposed on colo nists, 34, 35, 37, 54; for war ex penses to be levied by state legis latures, 63; in northwest terri tory, 92; apportionment by Con stitution, 95; power of congress to lay, 99; on slaves imported, 101; forbidden between states, 102; Washington shows neces sity for, 170; agreement con cerning between United States and Panama, 399-401. Tehuantepec, isthmus of, proposed canal across, 256; proposed road across, 278. 492 INDEX Territories, government of, 258, 260, 281. Texas, boundary of, 258, 260, 262; relinquishes claim to New Mex ico, 259, 262; admission of new states formed from, 260; act for admission of, 261 ; payment to by United States, 262. Tobacco, United States, no rebate of duty on when imported into Cuba, 387. Trade, of colonists cut off by Great Britain, 35, 54; between British possessions and United States, 144, 145. Treason, colonists transported to England to be tried for, 37, 45, 54; defined, 107; punishment of, 107. Treaty, a typical early Indian, 28- 33; with France, 1778, 72-76; with Great Britain, 1783, 77-84; with the Six Nations, 126-130; with Great Britain, 1794, 131- 156; with France, 1803, 177-182; with Great Britain, 1814, 183- 194; with Spain, 1819, 195-205; with Great Britain, 1842, 215- 225; with Great Britain, 1846, 226-229; with Mexico, 1848, 230-250; with Great Britain, 1850, 251-257; with Mexico, 1853, 273-279; with Russia, 1867, 335-340; with Great Britain, 1871, 341-368; between the Hawaiian islands and foreign nations, 370; with Spain, 1898, 374-382; between United States and Cuba, 383-389, 390-392; between United States and Panama, 393-408. Uncas, defended by colonies, 28; Narragansetts and Nyanticks make peace with, 30. Union, federal, Washington urges continuance of, 160-164; older than Constitution, 286; declared by Lincoln to be perpetual, 286, 287; disruption of physically impossible, 291. United States Constitution, 95- 111; qualifications of represen tatives, 95; apportionment of representatives, 95, 96; qualifi cations of senators, 97; duties of the senate, 97; powers and duties of each house, 97, 98; compensa tion of members of congress, 98; passage of bills, 99; power of congress, 99-101; importation of slaves forbidden after 1808, 101; right of habeas corpus, 101; bill of attainder and ex post facto law forbidden, 101; no taxes be tween states, 102; appropria tions of money from treasury, 102; no title of nobility to be granted, 102; restrictions on power of states, 102, 103; elec tion of president and vice- president, 103, 104, 114, 115; qualifications for president, 104; removal of president from office, 104; duties of president, 105, 106; judicial power, 106, 107; jurisdiction of supreme court, 107; treason and its punishment, 493 INDEX 107; rights of states, 107, 108; fugitive slave law, 108; admis sion of new states, 108; rules re specting territory, 108; protec tion of United States guaranteed to each state, 108; provision for amendments, 109; shall be the supreme law of the land, 109; amendments to, 112-117; Lin coln quotes from, 284; Lincoln declares no right written there in denied, 288. Utah, government of, 260; act for admission of, 261; boundary of, 261. Vice-president, president of senate, 97; election of, 103, 104, 114,115; succession to presidency, 104; removal of from office, 104; im peachment of, 106. Virginia, first charter of, 5-17. Vote, right to not to be abridged by race or color, 117. War, power of congress to declare, 63, 100; states forbidden to en gage in, 62, 103. Warrants to be supported by oath or affirmation, 113. Washington, George, first inaugu ral address, 118-122; traces hand of Providence in history of country, 119: pays tribute to congress, 120; declines salary for services, 121, 122; second in augural address, 123; proclama tion of neutrality, 124; farewell address, 157-176; declines re- nomination, 157; expresses grati tude to country, 158, 159; urges continuance of union of states, 160-164; warns against factions, 165; shows need of strong gov ernment, 166; warns against party spirit, 166, 167; advises departments to keep within their constitutional spheres, 168; shows religion and morality to be necessary to government, 168, 169; need of institutions of learning, 169; urges payment of national debt, 169; refers to necessity for taxes, 170; attitude of toward other nations, 170- 176. Washington, treaty of, 341-368. Webster-Ashburton treaty, 215- 225. Wilmot proviso, territorial govern ment in New Mexico and Utah without, 260. Witnesses, criminals to have com pulsory process for obtaining, 113. Writs of election, vacancies in representation to be filled by, 96. 49* The Unit Books The Unit Books have now become so widely and so favor ably known to the discriminating reading public for whom they were conceived that the publishers feel it 110 longer necessary to discuss in detail the story of their origin, their reason for existence, or their prospective future development. For those readers, however, who may be interested to know something about the series and why it was given so unusual a title we submit the following brief statement. The Unit Books were originated by Mr. Howard Wilford Bell, who began their publication in the fall of 1903 and who was subsequently succeeded by the Unit Book Publishing Company. 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This unit method of pricing books is eminently just and reasonable because the retail prices are in exact ratio to the cost of manufacture. It is this principle of proportionate prices which the general title of the series is intended to emphasize. This idea, how ever, is not the gist or substance of the enterprise, but is used as an advertising means to an end that end being the wider circulation of books hitherto not always easily accessible. Aside from reprints proper the series includes books of reference, manuals, and valuable compilations, and to the strengthening of this phase of the series the publishers pro pose to devote for the immediate future their chief efforts. The series already includes three compilations : National Docu ments, Letters and Addresses of Abraham Lincoln, and Let ters and Addresses of Thomas Jefferson. We intend to con tinue this branch of the series until it embraces in separate volumes the typical letters and addresses of all the most prominent and popular American statesmen of the past. The Unit Books have the distinction of being the cheapest series of good books ever offered to American readers. They may be had separately or in any combination you prefer. Unit Books Now Ready 1 THE MARBLE FAUN NATHANIEL HAWTHORNE A romance of thrilling interest, describing artist life in Rome and evolving a mystery which the artist leaves unsolved. 21 units (524 pp.), paper 42c, cloth 72c, leather 92c, postage 8c extra. 2 LETTERS AND ADDRESSES OF ABRAHAM LINCOLN The best existing collection of Lincoln s writings, ex cepting an edition priced at $10. Should be read by every loyal American. 16 units (399 pp.), paper 32c, cloth 62c, leather 82c, postage 8c extra. ii 3 TALES OF MYSTERY EDGAR ALLAN POE Twenty-one short stories full of grim humor and grue some horror the best of Poe, an author more widely read to-day than ever before. 21 units (507 pp.), paper 42c, cloth 72c, leather 92c, postage 8c extra. 4 LIFE OF JESUS ERNEST RENAN One of the most popular sacred narratives ever written, notwithstanding the author s erudition. Every professedly well-read person should know this work. 19 units (452 pp.), paper 38c, cloth 68c, leather 88c, postage 8c extra. 5 PRUE AND I GEORGE WILLIAM CURTIS Prue and I merits the fortune of being taken into the hearts of all its readers, though it is a fortune so rare as to come to but two or three books in a generation. W. D. HOWELLS. 8 units (176 pp.), paper 16c, cloth 46c, leather 66c, postage 8c extra. 6 DOMESTIC MANNERS OF THE AMERICANS MRS. TROLLOPE A vivacious narrative of four years residence in the United States in 1827-1831. A clever, witty, prejudiced description of the rude manners of our grandfathers. 17 units (402 pp.), paper 34c, cloth 64c, leather 84c, postage 8c extra. 7 STUDY OF WORDS ARCHBISHOP TRENCH A simple reference work, giving the natural history of words in daily usage. A useful guide to those who want to improve their diction and vocabulary. 13 units (320 pp.), paper 26 c, cloth 56c, leather 76c, postage 8c extra. 8 NATIONAL DOCUMENTS Notable state papers, arranged to illustrate the growth of our country from 1 606 to the present day. A documentary history. A unique compilation. 21 units (504 pp.), paper 42c, cloth 72c, leather 92c, postage 8c extra. 9 LETTERS AND ADDRESSES OP THOMAS JEFFERSON This book has the distinction of being the only collection of the writings of this great patriot published in a single vol ume and sold at a small cost. 13 units (323 pp.), paper 26c, cloth 56c, leather 76c, postage 8c extra. Prospective Unit Books Letters and Addresses George Washington John Adams Benjamin Franklin Alexander Hamilton Intellectual Life P. G. Hamerton Nonsense Books Edward Lear The Journals of Lewis and Clark De Quincey s Essays Familiar Letters of James Howell Life of Benvenuto Cellini Boker s Francesca da Rimini (with a comparative study of other versions) Goethe s Faust The Old Red Sandstone Hugh Miller Knickerbocker s New York Irving Democracy in America De Tocqueville Unit Book of Facts Autobiography and Poor Rich ard s Almanac Franklin Law for Every Day The Conspiracy of Pontiac Parkman Conquest of Mexico Prescott A First Book on Electricity On the Origin of Species Darwin Tales Gaboriau Two Years Before the Mast Dana A Pronouncing Dictionary Monarchs Retired from Business John Doran Chemical History of a Candle Faraday Confessions of Rousseau Some Fruits of Solitude William Penn The Microscope P. H. Gosse The Comedies of Sheridan Familiar Colloquies of Erasmus The Rise of the Dutch Republic Motley Voyage of a Naturalist Darwin Natural History of Selborne Gilbert White Physical Geography of the Sea Lieut. Maury A Cyclopedia of Literary Allu sions Discourses on Painting Sir Joshua Reynolds A Dictionary of Classical Quota tions A Handbook of Proverbs Percy s Reliques of Ancient Eng lish Poetry Dante s Divine Comedy The Essays of Sainte-Beuve Hakluyt s Principal Navigations Don Quixote Cervantes The Plays of Shakespeare Fairy Tales The Brothers Grimm Notre Dame Victor Hugo Paul and Virginia Saint-Pierre Monks of Thelema Besant and Rice The Bible in Spain George Borrow Legends of the Madonna Mrs. Jameson Essays of Elia Charles Lamb On Compromise John Morley St. Winifred s F. W. Farrar Fable of the Bees Bernard de Mandeville The Apocrypha Apologia Pro Vita Sua Newman Froissart s Chronicles This list is tentative. We invite suggestions from every lover of good books. If you would like to see a reprint of any book, write us about it. The Unit Book Publishing Company 70 Fifth Ave., New York iv THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO 5O CENTS ON THE FOURTH DAY AND TO $f.OO ON THE SEVENTH DAY OVERDUE. V OCT 9 1938 n ,^9 4 V t-v *= nr t , * 1830 o9> V \ n DECEIVED MABsa ea-ioAM A 4-U tC-A-A Aff i j-tAfxi r^Bil^f SINovoOGM LOA^ 1 v" 5 " -C D CD ,n M " a 1197 Jr MI * 9 WR1 |>| a. v iJO*/ 4 _*r -**-^- LD 21-95m-7, 37 YC13C590 U.C.BERKELEYUBRARIES 260335