IMAGE EVALUATION
TEST TARGET (MT-S)
/
O
^
>i^^..
V
,V4
Va
1.0
I.I
1.25
if 1^ ^
^ lis IIIIIM
1.4
11^
1.6
V]
<^
/^
A
/A
''W
°'W
Hiotographic
Sciences
Corporation
r\
4^
<F
:\
\
^9)
^'
^
^
^
^
6^
"ii.
i; WEST MAIN STREET
WEBSTER, N.Y. M580
(■'16> q72-''S03
CIHM/ICMH
Microfiche
Series.
CIHIVl/ICMH
Collection de
microfiches.
Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques
Technical and Bibliographic Notes/Notes techniques et bibliographiques
The
tot
The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographically unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.
a
D
D
D
D
D
n
□
n
D
Coloured covers/
Couverture de couleur
Covers damaged/
Couverture endommagde
Covers restored and/or laminated/
Couverture restaurde et/ou peliiculde
Cover title missing/
Le titre de couverture manque
Coloured maps/
Cartes gdographiques en couleur
Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)
Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur
Bound with other material/
Re\\6 avec d'autres documents
Tight binding may cause shadows or distortion
along interior margin/
Lareliure serrde peut causer de I'ombre ou de la
distortion le long de la marge intdrieure
Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajouttes
lors d'une restauration apparaissent dans le texte,
mais, lorsque cela dtait possible, ces pages n'ont
pas 6t6 filmdes.
Additional comments:/
Commentaires suppi^mentaires;
L'Institut a microfilm^ le meilleur exemplaire
qu'il iui a 6t6 possible de se procurer. Les details
de cet exemplaire qui sont peut-§tre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mdthode normale de filmage
sont indiqu^s ci-dessous.
I I Coloured pages/
v^
D
Pages de couleur
Pages damaged/
Pagas endommagdes
Pages restored and/or laminated/
Pages restaurdes et/ou peliicuides
Pages discoloured, stained or foxed/
Pages d^color^es, tachet^es ou piqudes
Pages detached/
Pages d^tach^es
Showthrough/
Transparence
I I Quality of print varies/
Qualitd indgale de I'impression
Includes supplementary material/
Comprend du materiel suppldmentaire
Only edition available/
Seule Edition disponible
Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une peiure,
etc., ont M filmdes d nouveau de fa9on d
obtenir la meilleure image possible.
The
poa
oft
filn
Orij
beg
the
sioi
oth
firs
sioi
or i
The
she
TIN
whi
Mai
diff
enti
beg
rigK
reqi
mei
This item is filmed at the roduction ratio checked below/
Ce document est filmd au taux de reduction indiqu^ ci-dessous.
10X 14X 18X 22X
•^
26X
30X
12X
16X
20X
a4x
28X
32X
The copy filmed here hes been reproduced thanks
to the generosity of:
Library of the Public
Archives of Canada
L'exemplaire film6 fut reproduit grAce A la
g6n6rosit4 de:
La bibliothdque des Archives
publiques du Canada
The images appearing here are the best quality
possible considering the condition and legibility
of the o'iginal copy and in ke«>ping with the
filming contract specifications.
Les images suivantes ont 6t6 reproduites avec le
plus grand soin, compte tenu de la condition et
de la nettetA de l'exemplaire filmd, et en
conformity avec les conditions du contrat de
filmage.
Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.
The last recorded frame on each microfiche
shall contain the symbol ^^- (meaning "CON-
TINUED"), or the symbol V (meaning "END"),
whichever applies.
Les exemplaires originaux dont la couverture en
papi«r est imprimie sont fiimis en commen^ant
par le premier plat et en terminant soit par la
dernidre page qui comporte une empreinte
d'impression ou d'illustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
originaux sont film6s en commenpant par la
premiere page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la dernidre page qui comporte une telle
empreinte.
Un des symboies suivants apparaitra sur la
dernidre image de cheque microfiche, selon le
cas: le symbols -^signifie "A SUIVRE ", le
symbols V signifie "FIN".
Maps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, as many frames as
required. The following diagrams illustrate the
method:
Les cartes, planches, tableaux, etc., peuvent dtre
film6s d des taux de rdduction diff^rents.
Lorsque le document est trop grand pour dtre
reproduit en un seul cliche, il est film6 d partir
de Tangle supdrieur gauche, de gauche d droite,
et de haut en bas, en prenant le nombre
d'images ndcessaire. Les diagrammes suivants
illustrent la m6thode.
1
2
3
% ■ '
[ /.t :
: ^
4
5
6
♦^
:^»-'
I
l*!-
»-s.
:^'
7/'
Ct44^'tS*'LC^iO^^*0*^S^O*Qi
A.
^^^Xft^^^-
R
A^ X
^
ar
;v '
t^i
-» «.■ ".f ■
'V: ' .-♦■
1<- '
<v*v i
B-E-TW^'P=||-
\
r%.*V
K % \« .
>^'r
m§
iv.,U>.^M
All|l.
-s/
"! V'^**, ■■',
Of
#oN«jeNT OF THEiit SENATE*
\ i .
\ ,f ■ ~ « ...
. Sir. jqiHlft
i(8.yf^i»T«t^^ JOHN RVA(^}Sio i^f^XPTiSJ^M^lM^
:'»*iA*tr^» ,
.?
trtP il
V®
.■v^.
H'4
r
"^
• '/^
I
-?'
If
•nHK a
:.> .J
i ^
V
V
■1 ' .
A
■■-. '
»
\
. \ V
Philadelphia, June 29/^, 1795.
%.
# 5^^'
Ihavejeen if! your paper of this date an ahjlradl of
the late T.reaty between the United States and Great-
Britain^ which thd not perfe£lly correal is nearly f»
As this publication ibi II probably excite a newfpaper
difcujjiony it is of importance that the People Jhould pof
fefs a full and accurate knowledge ofthefubjeSi to which
their attention may be drawn^ and which I think has
already been improperly with-held from them. Left
therefore the Treaty Jhould be prefumed more favourable y
or reprefented to be lefsfo than it really is, I fend you
herewith a genuine copy, which you may correal your
ftaiement to or make juch other ufe of as you pkafe, for
the purpofe of giving to the citizens of America full
information rejpe6iing this momentous bujinefs.
■^ ' I^m^ Sirs your obedient fervant^
^> Ste, Tho. Ma/on. ^.\
[One of the Senators from Vi
mta
1
T^o Benj. Franklin Bache, Editor of the Aurora,
^■■.
» ' a
' -v.^:
-t\.
TREATY, Sec,
i
h
I
^»
*
i^ .r
'<
4>
r ;.■
•
*> '
»*
X y
J "J
s,
HIS Britannic Majefly and the United States
of America, being defirous by a Treaty of
Amity, Commerce and Navigation to terminate
their differences in fuch a manner, as without re-«
ference to the merits of their refpeclive complaints
and pretenfions, may be the beft calculated to pro-
duce mutual fatisfadtion and good underftanding ;
And alfo to regulate the Commerce and Naviga-
tion between their refpe6tive countries, territories
and people, in fuch a manner as to render the fame
, reciprocally beneficial and fatisfaftory y they have,
refpe<5lively, named their Plenipotentiaries, and gi-
ven them full powers to treat ofj and conclude, the
* faid Treaty, that is toYay ^ His Britannic Majefty
has named for his Plenipotentiaiy, the Right Ho-
; nourable William Wyndham Baron Grenville, of
Wotton, one of his Majefty's Privy Council, and
; his Majefty's principal Secretaiy of State for Fo*-
«eign Affairs -, and the Ej^efident of the faid United
/ 1
/
Hi
i
'M "
ill
i
'J ji
i«
r<
]
* ,
. ^ C 4 )
States, by and with the advice and confent of the
Senate thereof, hath appointed for their Pienipo-
tentiaiy, the Honourable John Jay, Chief Juilice
of the faid United States and their Envoy Extraor-
dinary to his Ma jelly, who have agreed on, and
concluded the following articles :
Article I. There fhall be a firm, inviolable
and univerfal peace, and a true and fincere friend-
fhip between his Britannic Majefty, his heirs andi
fucccffors, and the United States of America; and
between their refpe6live countries, territories, cities,
towns and people of eveiy degree, without excep-
tion of perlons or places.
Art. II. His Majefty will withdraw all his^
troops and garrifons from all pofts and places with-,,
ill the boundary lines afligned by the treaty of pd^ce*
to the United States. This evacuation {hall take .
platce on or before the firft day of June one thou-,
lahd feven hundred and ninety-fix, and all the pro-
per' meafures fhall in the intei*val be taken by cori-
ceii? between the government of the United States, "
and his Majefty 's Governor General in America,,- ;
for fettling the previous arrangetnents which may *
bd itecelTary refpe6ling the delivery of the faid poll's :
Tlie t^rtited States in the mean time at their dlf- ■
cr'etion, extending their fettlenients to any part -
within the fkid boundary line, except within the pre- \
cihcils or jurifdi6lion of any of the faid poils. All '\
fettlets and traders, within the precin6ls orjurifdic- \
tidh of the faid pofts, fhall Gontinue to ehr • ^
jo^, tuimoldfled, all their property of every kind, ,
and fhkll Be prote£l(Bd therein. They fhall be at ;-
f\ili libejrty to remain ttefe, of to remove wiih all *" "
s.»
(' 5 y
or any part of their effects ; and it {hall alfo be
free to them to fell their lands, houfes, or effedls,
or to retain the property thereof, at their difcretion ;
fuch of them as {hall continue to refide within the
faid boundary lines {liall not be compelled to be-
come citizens of the United States, or to take any
oath of allegiance to the government thereof, but
they fhall be at full liberty fo to do, if they think
proper, and they fhall make and declare their elec-
tion within one year after the evacuation aforefaid.
And all perfons who fliall continue there after the
expiration of the faid year, without having declared
their intention of remaining fubje^ls of his Britan-
nick Majefty, fliall be confidered as having ele6led
to become citizens of the United States.
Art. III. it is agreed t"hat it fhall at all times
be free to his Majefty's fubje6ts, and to the citizens
of the United States, and alfo to the Indians dwel-
ling on either fide of the faid boundary line, freely
to pafs and repafs by land or inland navigation,
into the refpe6live territories and countries of the
two parties on the continent of America [the coun-
try within- the limits of the Hudfon's Bay Compa-
ny only excepted] and to navigate all the Lakes,
Rivers, and Waters thereof, and fieely to caiTy oh
trade and commerce with each other. But it is
underftood,. that this Article does not extend to the
admifliori of veffels of the United States into the
Sea Ports, Harbours, Bays,: or Creeks of his Ma-
jefty's faid y^^iritories J nor ihtb fuch- parts of the
Rivers in liis'Nlaj^fliyV teid territories as are be-
tween 'thV nibiitn diefeof, and the higheft port of
fiitiy frpni'the Se^, except in fmall velTels trading
-.'---.-■ ... . .-...- .,- -.- .-,.-.■/ i^of7a
■ •
ii
I
{ 6 )
. lonafulc between Montreal and Quebec, under fuch
irgulations as fhall be eftabliflied to prevent the
jwlnbility of any frauds in this refpect". Nor to
the admilFion or Britifh vefTels from the Sea into
the Rivers of the United States, beyond the higheft
Ports of entry for foreign veffels from the Sea.
The Pviver MifTifippi (liall, however, according to
the Treaty of Peace, be entirely open to both pai-
ties ; and it is furtlier agreed, that all the Ports
and Places on its Eaftern fide, to whichfoevcr of
the parties belonging, may freely be reforted to,
and ufed by both parties, in as ample a manner as
any of the Atlantic ports pr places of the United
States, or any of the ports or places of his Majefty
in Great-Britdin. i. ,, t
All goods and merchandize whbfe importation
into his Maj City's faid territories in America, fliall
not be entirely prohibited, may freely, for the pur-
pofes of Commerce, be carried into the fame in the
manner aforefaid, by the citizens of the United
States, and fuch goods and merchandize fhall be
fubje6l to no higher or other duties than would be
payable by hisMajefty's fubjefts on the importation
of the fame from Europe into the faid territories.
And in like manner, all goods and merchandize
whofe importation into the United States fhall not
be wholly prohibited, may freely, for the purpofes
of Commerce, be carried into the fame, in tne man-
ner aforefaid, by his Majefty's fubjefts, and fuch
goods and merchandize fhall be fubje6t to no high-
er or other duties than would be payable by the
citizens of the United States on the importation of
\ the fame in American veffels into thie Atlantic ports
('■
««»
, /
• t/*
t
-, \
3^*
I"
•; 1 '
.1>*
>
*
{■:
\
( 7 )
of the faid States. And all goods not prohibited
to be exported from the faid territories, lefpc^^iveiy,
may in like manner be cairied out of the fame by
the two parties refpeftively, paying duty as afore-
faid.
No duty of entry (hall ever be levied by either
party on peltries brought by land, or inland navi-
gation into the faid territories refpe<!:lively, nor Ihall
the Indians pafTing or rei^afTmg with their own
proper goods and eft'e6ls of whatever nature, pay
for the fame any impoft or duty whatever. But
goods in bales, or other large packages unufual a-
mong Indians (hall not be confidered as goods be-
longing ^o/7^^^<? to Indians. ^ ' • •
No higher or other tolls or rates of ferriage than
what are or Ihall be payable by natives, ihall be
demanded on either iide j and no duties Ihall be
payable on any goods which (hall merely be carried
over any of the portages or carrying places on ei-
ther (ide; for the pvrpofe of being immediately
reimbarked and carried to fome other place or pla-
ces. But as by this ftipulation it is only meant to
fecure to each ])artY a free paflage acrofs the port-
ages on both fides, it is agreed, that this exemption
from duty (hall extend only to fuch goods as are
carried in the ufual and dire(5l road acrofs the por-
tage, and are not attempted to be in any manner
fold or exchanged during their paflage acrofs the
fame, and proper regulations may be eftablifhed to
prevent the pofTibility of any frauds in this ref^)e 51.
As this aitide is intended to render in a great
degree the local advantages of each party common
to both, and thereby to promote a diipofition fa-
vourable
^
K
( 8 )
vourable to friendftiip and gooa neighboiuhood, it Jf^
;. .is agreed, that the rcfpedlive Governments wijl
•" mutuajly promote this amicable intercourfe, by | *
caufmg ipeedy and impartial juftice to be done, and
necefTary proteftion to be extended to all who may ' '
be concerned therein. . «i _. i ry- ^ '
'•- Art. IV. Whereas it is uncertain Vvrhether the
River Miilifiippi extends fo far to the Northward
as to be interfedled by a line to be drawn due Weft . *
from the Lake of the Woods in the manner men-
tioped in the Treaty of Peace between his Majefty ^
. and the United States, it is agreed, that meaiuresi ;
fhall be take^i in concert betwej^n his Majefty 's go-
veinment in America and the government of the
United States for making a joint furvey of the faid ,
river from one degree of latitude below the Falls
of St. Anthony, to the principal fource or fources
of the fajd. river, and alfo of the parts adjacent
thereto 5 and that if on the refult of fuch furvey,
it fliould appear that the faid river would ri.ot be
interfe6led by fuch a line as is above-mentioned,
the two parties will thereupon proceed by amicable ,;,
negotiation to,regulate the boundary line in that ,
qviarter, as well as all other points to be adjuftcd
between the faid parties, according to juftice «ind
mutual convenience; and in conformity to^tbe iu-
tent of the faid Treaty. :i •-^- 1^ -
Art. V. Whereas doubts hiStve arifen what ri- .
ver was truly intended under the name pf the river
St. Croix, mentioned in the faid Treaty of Peace,
and fo] ming a part of the boundary therein dejfcri-
bed, that queftion fhall be referred to the final deci- -,
iion of Comr iffioners to be appointed in the fol- ^\.
lowing manner, viz, - One J
.-i
i
•■w
utimkk
W
^
♦v
i^
.V !
*
" One ConimifTioner (hall be named by his Majefty,
and one by thef Preftdent of the United States, by
and with the advice ahd confent of the Senate there-
of, and the faid two Coititniflibners (hall agree on
the choice of a third • or if they cannot fo agree,
they ihall each propofe one perfon, and of the two
names fo propoled, one fhal! be drawn by lot in the
prefence of the two original Conimiflioners. And
the three Commiffiohers fo appointed, fhall be fworn
impartially to extoine and decide the faid queftion
according to fuch evidence as fhall refpe6lively be
laid before them oil the part of the Britifh Oovern-
ment and of the United States: The faid Commif-
fioners (hall meet at Halifax, and fhall have power
to adjourn to fuch other place or places as they fhall
think fit. They fhall have power to appoint a Se-
cretary, and to employ fuch fui*veyors or other per-
fbns as they fhall jtldge neceffary. The faid Com-
miflioners fhall by a declaration under their hands
and feals decide what river is the river St. Croix in-
tended by the Treaty. The faid declaration fhall
contain a defci*iption of^the faid river, ^nd fh^ll par-
ticularize the latitude and longitude of its mouth
and of its fource. Duplicates of this declaration
and ^f the flatements of their accounts, and of the
journal of their proceedings fhall be delivered by them
to the Agent ot his Majelty and to the Agent of the
United States, who may be refpe6lively appointed
and authorized to manage the bufmefs onbelialf of
the 1 efpedti ve Governments . Andboth parties agree
to confider fuch decifion as final and conclufive, fo
as that the fame fhall never thereafter be called
fcto queflion, oi* made the fubjeft of difpute or dif-
ference between them. Art.
U
'i' 1
HI
rl' I
.1. j
I.
m !
tt?
fc
^::.i
-i4te
wim
m», jm- I 1. i^L
•imm
iHiii«mii • -"It'
^yis
^'
It
!,
'i
c
10
}
l'{
4lyp^ VI. Whci*ea$itistUc4gcdbydm^^
H m^rjchants an4 otjiprf. his Majefty's fubje6ls^
ttiat debits to a C9nii44*^]bl6 moun;^ whidi were
bona fie Gontrafted brfore thepeac^» fliU remah>
o\ying tQ them fey citiajens or; inhaljitants of thfe
United State§r and tliat by the operation of various
iawiful iiyipcijiments fmce the peace, not only the i\jj\l
Recovery ojP the faid ^tht^ has been delved, but alfoj'
the YJ^lu^ ancl fecvirity th^eot, have.been, in feverat
^nfl^ces,' unpaired andleflenedj fo th^t by th^ ordi-
nary courfe of judicial proceedings, th<? Bntifh cre-
ditors cannot now obtain, and adiually h^ve, and
receive full and adequate Gdmp^nfation for the lofl'^Si
aiKidama^^es which thgf hav thereby fuftainedr
It is agreed, that in ajl uieh. cafes where full copi-
penfatipn foi; fuGh lojl'es.aitddaniages cannot for
what^v?^; ^eafonj be a6tuaily obtained, had and re-,
ceived by the faid creditors in the ordinary courfe of
juftice, the United Spates- will make full and cbrn-
plete coiDpenfa^iia^ fgr the fame to the faid credi-
tors : But it is dif):in6lly underftopd, that this pro-
vifion is to ext^d to.fuelt lofles only as have been
oceafioned by the lavyrful impediments aforefaidi
and is not tp ex cend to Idffes pec aiioned by fuch.
infolvency of the debtors^ 6r other caufes as would
equally have operated to. produce fueh Ipfs, if the
faid impediments .ha4 not exift^d,, nor to fuch lofles
©r> damages as have been occafioiled by the mani-<-
feil dday or negligence, or v/ilful omiffion of tixe '
^^ciai^niantv;.: ,:, ;^ ,^. ^ .^ ,;,..,_'.• *vv^O'^***f'^'"f^"^i'^r';f
i r''l''ec^tii& puipofe: of afceataining the arnount of
.' a»r: fuch; loites and dam.ages, ' five Gomnlifrioners;
^ftiall bo ^appointed, and authorized to meet and a6k
-.*",:
m
'•I
■I
'M.
'im- ./
■«*;-r-:
m--
"^. Ji'
1-:^ '^
I*.
I I
1
.i
I
4
*f^'
/
, : < II )
in manner following, vi-z. Two of them 'ffeall
4>e appointed' -by his Majefty, two <5f thenl by'fiic
l^refioent of the United :States hy arid with the ad*-
Aace aMpooft^t of the Seiiiife tHefeof, and the fifth
%y the liri^himoii^ voice of tihe other four; 'an^ ?f
TOey^duldhpt'agreeinfu^hchoiicb'jthenthe Goiii- .
mifficmers ham by the tWo pa'rti^'fliall refp^^c-
'^SveFy propofe one jierlbn'/and of . the Wo nltties fo
IM-cijboKdi one fhalf be dVaW;n by lot hi^ic prefen<ie
'^f ^efour bnginal ConiiiifTionefs/^^-^l^ tlie
'five Commifnohers thiis a|)poimed fhafl fii^ meel,
they fhall, before they proceed to a6i refpeftlvcly,
ta^« the' following ba#ij6r la^Srmatioii, >ift th^pre-
^nce of ^each cither /\vtiich bath of affirniatioh' b'eihg
-Cb taken'aiid Hitiry ^attef ed, :fhdll be etttfed 6h ' ^t
fWDrd of their p^oceednlffs, viz.^-^, A:; IS: one ' of
4he •CbinmiflipiSier^ apppi^ ttc
^^th; Article 'pmelfrekt^ ,
> N^vTg^ion benVefek ■ Jiis Brlhririk Majefty ' land
■-*^' uMt^ States of Artierica db f<ilemnl^ fwear, or
"jyaffimij'^liatl vMl li6neftly, diligently^ impartially,
^od carefully e^ainiriei and toith^ fceii of mVjtidg- '
-^enf, "^ccof dingi tb jiifcce and equity, decide -^ll
-fe'ch i^tnpMfCts, as ti1t;idei' thefaid aitidle'fhan be ,.
gpreferi^ tbtiiefaid Cbnimiffibtters- and' that I
HW|f fbfbcar'tb ad as* a^^Jbiiimiffioner in any cafein
r ^^^tich thm^ potion^ mtriiM:'' ^- ^'"^^ "'^^' .,
-^'' TTire^'<^lrh^i{yd€cj^^ ftiall cpnftitute '
^fboai'd, irid fli^ll ^ayepwer'to do any sift ajjper-,
'tailing -^ *the .ftitj Cppimiflion, provided that .one
'of thfeComm3!ibii6i-s riamed on each fide, and 'the
0ih Cbmmlflioher fhall be prefent,' knd all. dcci-
fibns ftall be m^de by themjljoHty oiFthe voices bf
-■■•^' ; '.-\, :-;;-/ the -
ife
in
m
1
■.'1
'4
II
I
lit
.<, . ■■;iife»«*{iritiiS»ti'-| ,^,^,.
lA-tti.
1 1 III ''km I ni l
II ii^iiirjaaiiiaa^ii^iii.i-'-
:..t
it-
( «« ) .
the Commiflioners then.prefent ; i8 months frqn;
the day on which the faid CpmmilTioners fliall forni
a board, and be ready to proceed to bufinefs, are
afligned for receiving complaints, and applications ;
but they are neverthelefs authorized in any parti-
cular cafes in which it fhall appear to them to be
reaforiable and juft, tp extend the faid tenii of eigh-
teen months for any term not exceeding fix months,
after the expiration thereof. The faid CommifTion-
ers fliall firfl meet at Philadelphia, but they ftiaU
have power to adjourn from place to place as they
flial} fee caufe. r ? v*v [^
The faid (Commiflioners in examining the com-
pl^ts ^nd applications fo preferred to them, are
empowered and required, in purfuance of the true
intent and meaning of this article, to take into
their confideration all clairns, whether of principal
■or interefl:, or balances of principal and intereft,
iand to determine the fame r^ipectively, according
/to the merits of the feyeral cafes, due regard being
liad to all the circumfl;ances thereoiF, and as equity
{and jufl:ice ftiaU appear to them to require. And
jthe faid Commiflioners fliall have power to examine
; J all fuch perfpns as fliall come betore them pn oath
or aflirmation touching the preniifes j and alfo to
receiye in evidence according as they may think
mofl: confifl:ent with equity and juftice, all writt9n
depofidpns, or books, or papers, or copies, or ex-
tracts thereof, every fuch depofition, book, or pa-
per, or copy, or extraft being duly authenticated,
either according to the legal foims now refpe6lively
exifl:irtg in the two countiies, or in fuch other
manner as the faid Conuniflioners fliall fee caufe
to require or allow. THe
i
^
I
1 :■
■\...
I-'-.
t
The awai*d of the faid Gommiflioners or of any
three of them as aforefaid, fhall in all cafes be final
0nd conclufive, both as to the juftice of the claim,
and to the amount of the fum to be paid to the
creditor or claimant : And the United States un-
flertake to caufe the fum fo awarded to be paid in
fpecie to fuch creditor or claimant without deduc-
tion ; and at fiich time or times, and at fuch place
or places as (hall be awarded by the faid Commif-
fioners ; and on condition of fuch releafes or aflign-
ments to be given by the creditor or claimant, as
by the faid Copimiflioners may be direfted : Pro-
vided always, that no foch payment fhall be fixed
by the faid Coinmiflioner$ to take place fooner than
twelve months from the d^ of ^e exchange of the
ratifications of this Treaty.
Art. VII. Whereas complaints have been made .
t)y divers merchants and others, citizens of the U-
nited States, that during the courfe of the v/ar in
which his Majefty is no^y engaged, they have fuf-
taincd confiderable Ipffe^ and damage, by reafon of
irregular or illegal captures or condemnations of
their vefTels and other property under colour of au-
Uiority or commiflions from hi§ Majefty, and that
from various cirpximftances belonging to the faid
cafes, adequate compenfation for the loffes and da-
mages fo fuftained cannot now be adlually obtain-
ed, had and received by the ordinary courfe of ju-
dicial prqceedi^gs ; it is agreed, that in all fuch
cafes where adequate compenfation cannot, for
ivhatever reafon, be now actually obtained, had
and received by the faid merchants and others in
the? ordinary courfe of juftice, full and complete
C:ompenfation
. '\
i
f
f
i
pr<
■ ^ !
ii..
-3!S4l*W«*"
!«.-■*'
•Si
\
li !
'1 I ^
if
fi
I
icompcnfation^for the iame will be made by the
■'. firkifhGovcrmT>ent totJio^idc-omplamants; But
it is diftinftly undei'ftood tjiat t^ proviifion is not
-to extend to fuch loEes or dsimages as liave been
. -occar(:<M.ied Jyy the mamfeft ddayor negiigende, ox
I ^idfril omifli on 4if the claimants.
V That for the pwrpofe of afGertaihmg'fhc amb^t
of -any fiich loiies and damages, frveCormnifCofiers
^lall be appointed and airthorized to a6l in London^
-exa^^ly in the manner dipe^lsd with refpc^l to thofe
• ^mentioned in the preceding artkk, knd after ^ha-
- ving taken the fame -oaith 'or "dflfirmatio!! (mutufis
u7nutcndis) the fame term ^ eighteen ^npnths is alfo
fififfigned for ^he receji^iofir^f clairns, an!d tiiey are
in like manner authorized to exrtend ^e f^me In
particular cafes. They -Ihall receive teftimony,
iooks, papers and evijd^nce in the fame latitude, and
cxercife the lUte difcnetion and powers refpc6^ng
i that fubje6l ^ and ^ fh«tU (fcdde ' the <laijns in qu^
jlion according -to tJK merits Qffhe ieveral -cfifes,
i yindto jufllice;, equity, And^the laws of nations. *Ttxe
-^ award of 'the faid Commiflioners, or any fuch ithree
• jof them as aforefaid, fli^lly. in ^all c^fes be final a:n4
OiconclUiive, both asto-the jiifticeof the claim, and
t?*he amoiMit of the fum to be paid to the claimant 5
andhis Britannic MafeftyiUiKkf takes to eaufe^he
4ame to be paid to fllwfh daimairit-in fpecie, without
^any>dedu(5lion, atfttch^place oi* places, and -at fuch
time or times as ihaltibe awarded by thcfaid-Coih-
'miflkmers, and on condition ^f^fueh releafes or^f-
liignments to be given by ^the claimants, as by the
jfaid Commiflioners may 1^ dire6led.
Aiid Whereas ^certain -inerch^ints and'^hieN' his
:: Majefly's
■'■A
i
*';'
:-A 1
^ 1
1
t
'J.;
.'j^t-'t
. i
■*:■:>>
;■■' I
T. A\-''
I
f
1 ^^:^^^
V ,
>
Wajdd/s fabjeft* complain that in the couife oil
the war they have fuftained lols and damage by rea-^
fan of the capture of the velFels and merchaaidize.
tiik^n within the limits andjuarifdiiftidn of thie ftates;
artd bro^ight into the port& of the fame> or taken b/r
^efftls originally armed in poits of the ^idflaH.S5.
It is agreed that in adl jdich caics where reftitii*^:
tion fhall not have been rnacte agreeably to the te-< -
nor of the letter from Mr. JefFcrfon to Mr. Ham** *
mond, dated a< Philadelphia, Sept. 5, 1793, a copy
of which is annexed to this Treaty j the complaints:
of the parties (hall be and herdby are referred to^
the Coiftmiffiohers to be appointed by virtue of this
Article, who are hereby authoiized ai^ required to
J?roceed in the like manner relative to thefe as ta'
the other cafes coimmltted to them ; and tlie Uni-
ted States undertake to pay to the complaindiits or
claimants in fpecie, without dedu(!lion, the amount
of fuch fums as fliall be awarded to them iefpec-
tively oy the faid Commillioners, and at the tim^^s? ■
and places which in fuch awards [hall be fpecified ;; :
and on cohditions of fuch releafes or alTignments
to be given by the claimants as m the laid awards. .
may be dire6led : And it is further agreed that not ,
only the now exifting cafes of both delcriptions* '
but alfo all fuch as ftiall exift at the time of ex* ,
changing tiie ratifications of this Treaty fhall be
cohfidered as being within the provifions^ intent
and iheaning of this article.
/Art. Viil. It is further agreed, that the Cam-
miilioners mentioned in this and in the two pre-
ceding nrticles (hall be refpectively paid in fuctx
Hianner as fhall ke agreed between the two parties ;
' fuch
^v
il
' I
i¥
I
; i
^ ,e )
fuch agreement being to be fettled at tbe time bt
the exchange of the ratifications of this Treaty.
And all other expences attending the faid Com-
miflions fhall be defrayed jointly by the two par-
ties, the fame being previbufly afccrtained and al-
lowed by the majority of the Commiifioners. And
in the cafe of death, ficknefs or neceffary abfence,
the place of every fuch Commiffioner refpeftively
fhall be fupplied in the fsune m nner as fuch Com-
mifTioner was firft appointed, and the new Com-
miflioners fhall take the fame oath or affirmation
and do the fame duties.
Art. IX. It is agreed that Britifh fubjefts who
now hold lands in the territories of the United
States and American citizens who now hold lands
in the dominions of his Majefly fhall continue to
hold them according to the nature and tenure of
theii* refpe<5tive eflates and titles therein j and may
grant, fell or devife the fame to whom they pleafe,
in like manner as if they were natives > and that
neither they nor their heirs or afligns fhall fo far as
may refpeo: the faid lands and the legal remedies
incident thereto, be regarded as aliens. .
Art. X. . Neither the debts due from individu-
als of the one nation to individuals of the other,
nor fhares nor monies which they may have in the
public funds, or in the public or priva^-/ banks fhall
ever in any event of war or national differences be
fequeflered or confifcated, it being unjufl and im-.
politic that debts and engagements contradted and
made by individuals having confidence in each other
and in theii* refpedtive governments fhould ever be
deliroyed or impaired by national authority on ac-u
count
I
I
^
\J
.^
-'^4H
toiint of national ciifferences and cKftontents;
Art. XL It is agreed between hisMs^y tani
fte XJ^nkod States of America, that thera ftiail htt
reciprocal and entirely peifeft Ubeity of navigation
ind commerce between their re^aive pes^^ iit
tlie. manner, under the limitations and on the con?*
ditions fpecified in the following articles.
Art. XIL kiis Majefty confents tfcat it (ball
and may be lawful dixring the time herein after li-
mited for the citizens of the United States to c«rry
to any of his Majefty's illands and ports in the
Weft-Inciies from the United States; ufi their owrt
veffels, not being above the bmtben of yo tonsv
any goods or merchandize^ being a( the growth,
nianufaftm'e Or produce ot the feiS States, which it
is or may be lawful to carry to the faid Wands or
forts from the faid States \n British veflfeh ; antl
tJiat the faid Americaii v^flels fliaU be fubje6b thfercr
to no other or higher tonnage duties or charged
than (hsdl be payable by Britifti veffibls m thepi^
of tlie tJnited States 5 and that the e^goes of iM
laid Artierican veffels fhall be fobjed t-hei^ to no y^
ther or highe;* duties or ck^fg^s tha(h fliatt be paya-
ble on the like articles if itmported' thd^ from tte-
faid States in Britifh veflek.
And his M^efty alfo con&nts that if fetll tr
lawiul for the faid Amei'ican citizens to jHischafey
load and carry away in their faid veffek to theUtii-
ted States from the faid Iflands and PcM?ts Afi fijcl^
articles being of the growth, Hiamrfaflnai'e ot j*j^
duce of the laid Iflands as may ^m|^ Inw bc>Q|f%
ried from thence to the faid Stat^ in feitifli vcflMts
and fubjeft only to the fame duties and charges on
exporttition
1"
I-
if
I
It'
.'it i
i
♦ ^
n
il
r
;'<
exportation to which Britifh vefTels and their car>
goes arc or (hall be fubje6l in finrilar circumftances.
Provided always that the faid American veffels do
carry and land tneir cargoes in the United States
only, it being exprefsly agreed and declared that
during the continuance of this article, the United
States will prohibit and reftrain the carrying any
molaffes, fugar, coffee, cocoa or cotton in American
vefl'els, either from his Majefty's Iflands or from the
United States to any part of the world except the
United States, rcafonable fea ftores excepted. Pro-
vided alfo, that it fhall and may be lawful, during
the fame period, for BritlHi veilels to import from
the faid Illands into the United States and to cxpbrt
from the United States to the faid Iflands, all arti-
cles whatever being of the growth, produce or manu-
fa6ture of the faid Iflands, or of the United States
reipe6livcly, which now may, by the laws of the
faid States, be fo imported and exported. And
that the caigoes of the faid Britifli vefl'els fhall be
fubjev5l to no other or higher duties or charges than
fliall be payable on the lame articles if fo imported
or exported in American vefTels^
It IS agreed that this article and eveiy matter
and thing therein contained fhall continue to be in
force during the continuance of the war in which
his Majefty is now engaged ; and alfb for two years
frcih and after the day of the flgnature of the pre*
lirfrinarV or other articles of peace by which the
fairii rrtay be terminated.
- t^hd it is further agreed, that at the expimtion
of the faid tei*m, the two contracting parties will
<ridcavpur further to regulate tlieir commerce in
-' this
•^;
,^
n
^f
X 19 V.
' ^ ' i» A
itliis rcfpe(!^ according to the fituation in which hb
Majefty may then find himfelf with refoed to the
' Wcft-Indics, and with a view to fuch arrange-
ments as may befl conduce to the mutual advantage
•and extenfion of commerce. And the faid parties
will then^alfo renew their difcuflions, and endeavour
to agree, whether in any and what cafea, neutral
•veflels fliall proteft enemy's property ; and in what
rcafes provifions and other articles, not generally
contraband, may become fuch. But in me meaji
time their condu6l towards each other in thefe re-
fpefts, (hall be regulated by the ,ai*ti9ji?s herein after
^mferted on thofe fubje6ls. • '.
Art. XIIL His Majefty confents that the veC-
/els belonging to the citizens of the United States
of America inall be admitted and hofpitably recei-
ved in all the fea-poits and harbours of the Britifh
territories in the Eaft-Indies. And that the citi-
,zens of the faid United States may freely cariy on
^ Trade between the faid Territories and the faid
United States, in all articles of which the Importa-
tion or Exportation refpe6liyely to or from the faid
Territories, fliall not be entirely prohibited. Pro*
vided only, that it fhall not be lawful for them in
' any time of War between the Britifh government
and any other Power or State whatever, to Export
from the faid Territories, without the fpecial per-
miffion of the Britifh government ther<j, any Mili-
taiy Stores, or Naval Stores or Rice, Tho, citizens
of the United States fhall pay for j:heir veflels when
admitted into the faid ports no other or higher
tonnage duty than fhall be payable on Britifh vef-
lels when admitted into the ports of the United
States,
t ]
Ik I
.... *, *.-
|r
• 1.7
■ (.'
V;
.f'
If '
(
20
)
States. And they fhall pay no other or higher du-
ti«s or charges on the Importation or Exp)rtation
of the cargoes of the faid vdlels, than (liall be pay-
abl« on the fame aiticles when Imported or Expor-
ted i« Bntifti velfels. But it is exprefsly agreed,
that tjie vellcle of the United States ihah not carry
any of the articles Exported by them from the laid
Brltifli territories to any port or place, except to
fomepoit or place in America, where the fame fliall
tc unladen, and fuch regulations (hall be adopted
by both parties, as fhall irom time to time be found
necefikry to enforce the due and faithful obfervance
of this ftipulatioil. It is alfo underftood that the
permiffion granted by this article is not to extend
to allow the veffels of the United States to cany on
any part of the coafting trade of the faid Brjtifli
territories \ but vefTels going with their original
cargoes, or part thereof, from one port of difcnai'ge
to another, are not t:o be conli^ercd a3 cai*ryirlg on
the coafting trade. Neither is this article to be
conftrued to allow the citizens of the faid States to
fettle or tefide within the faid Territories, or to gp,
into the Interior parts thereof, without the per-
miffion oftheBritiih government eftablifhed there j
and if any tranfgreffion fhould be attempted againft
the regulations of the Britifh government in thh
refpe^t, the obfervanee of the fame fhall and may
be enforced againft the citizens of America in the
fame manner as againft Britifti fubjeSs or Others
tranfgreifing the mme mle. And the citjien? of
the United States whenever they arrive in any port
or l^irbour in the faid Territories, or if they riiottldl
te perimtted in manner afbrefejd, to go to any o^
\'
'4
I «
( 21 )
thei place therein, fliall always be fubje^fl to the
J^aws, Government and Jurifdiaion of wna. na-
ture eftabiifhed in fiich Harbour, Port or i .ace,
according as the fame may be : The citizens of the
United States, may alfo touch for refrelhment ^
the illand of St. Helena, but fubjedl in all refpc^s
to fuch regulations as the Britifh government may
from time to time eftablifh there.
Art. XIV. There fhall be between all the do-
minions of his Majefty in Europe and the territo-
ries of the United States a reciprocal and perfeft
liberty of commerce and navigation. The jKople
and inhabitants of the two countries refpedivdy
Jh^U have liberty freel)r and fecurely and witliout
hindrance ^ud moleftation to come with their Ihips
and cargoes to the lancis, countries, cities, ports, '
places and rivers within the dominions and territo-
I'ies aforefaid, to enter into the fame, to refort there
^nd to remain and refide there, without any limi*
tation of time ; Alfo to hire and poffefs houftsand
warehoufes for the purpofes of their commerce, and
generally the merchants and traders on each fide (hall
enjoy the moft complete proteftion and fecurity for
their commerce ; but fubjeft always as to what re»
fpefts this article to the laws and ftltutes of the t\m
fpuntri^^ refpe6tively.
Art. XV. It is agreed that no other or Iwghcr
duties fhall be paid by the Ihips or merchandize of
the one paity m the por;ts of the other, than fuch
as are paid by the like veltels or merchandise of all
o^Jier nations. Nor fhall any other or higher duty
be impofed iu one country; qj> the importation of
§py articles the growth, produce or manufaftur e pf
u
r
■[
-^^■iU
the
*1,-.-
the other than are or fliall be payable on the irrir
portition of the like articles being of the growth^
produce, or manufaflure of any other foreign coun-
try. Nor fhall any prohibition be impofed on the
expoitation or importation of any articles to or
from the territories of the two parties refpe(5liyely,
which fhall not equally extend to all other nations.
r- But the Britilh Governrnent referves to itfelf the
right ofimpofmg on American veffels entering into
the Britifli ports hi Europe a tonnage duty equal
1.. that which Ihall be payable by Britifh veffels in
the ports of America : And alfoVuch duty as may
be adequate to countei-vail the difference of duty
now payable on the importation of European arid
Afiatic goods when impoited into the United State?
in Britifh or in American veflels.
The two parties agree to treat for the moreexa(5^
equalization of the duties on the refpe61:ive naviga-
tion of their fubje6ls and people in fuch mannei* as
may be moft beneficial to the two countries. Th^
arrangements for this purpofe fhall be made at the
iame time with thofe mentioned at the conclufion
of the 1 2th article of this Treaty, and are to b^
-confidered as a pait thereof. In the intei*val it is
agreed, that the United States will not impofe any
new or additional tonnage duties on Britifh vefTels,
nor increafe the now fubfifling difference between
the duties payable on the hnportation of any arti-
cles in Britifh or in American, veffels.
Art. XVI. It fhall be free for the two contra,c-
tiiig parties, refpeftively to appoint coiifuls for the
prote6tion of trade, to refide m the dominions and
S€i-ritories aforefaid, and the faid cbnfuls fhall enjoy
>^j' thofe
I
r
%
--^
igjiii'^i
■■:»«-^.v
u
•*u-
'i'-
• ( 23. > . -. . ■
thofe liberties and rights whicli t)ek>ng to them by
reafon of their funclion. But before any conful
Ihall a6l as fuch he fliall t)e in the ufual forms ap-^
proved and admitted by the party to whom he isr.
ienti and it is hereby declared to be lawful and
proper,, that in cafe of illegal or improper condu6l
towards the laws or government a conful may either
be punifhed according to law, if the laws will reach,
the cafe or be difmiifed, or even fent back, the of-
• fended government affigning to the other their rea-
.fbns for the fame. ^.-.^ ..~-,-^ . .^-.^
Either of the parties may except fiom the refirr .
dence of confuls liich particular places as fuchpar^*
ty fhall judge proper to be fo excepted. ^;
Art. XVII. It is agreed^ that in all cafes where
velTels fhall be captured or detained on jufl fufpi-
cion of having an board enemy's property, or of
cariying to the enemy any of the articles whicli:
are contraband of war y the faid veffel fhall be
brought to the neareft or moft convenieat port ; and
if any property of an enemy fhould be round on
boax'd fuch vefiel, that part only wliich belongs to
the enemy fhall be made prize, and the vellel fhall
be at liberty to proceed with the remainder with^
out any impediment. And it is agreed, that all
proper meafures fhall be taken to prevent delay >
111 deciding the cafes of fhipsor cai-goesfo brought ,
in for adjudication -, and in the payment or recove-
ry of any indemnification adjudged or agreed to
be paid to the mafters or owners of fuch fhips,^ ., ,
Art. XVIII. In order to regulate what is in.'
future to be deemed contraband of war, it is agreed,
that under the faid denominatiou Ihall be compri-
fed
M,
Ml
V
1
I
I
b
\~i
:g.MJjiiiltii lippiu j,a.tj.a.jj5:^^^.':' JiW33sr~" '
■i,f^>ap-
^
f1
. . ■ (' «*f )
M aff artos and itnf lenlents ferving for the pui*^
pofesof Wat,bylax\dorfea> fuch as cannon, muf-
kfets, tnc^tars, pet^rd^, bombs, grenadoes> caicaffes,
f^uciifes, ekrriage^ foi^ cannon, fAufket refts, ban-
dolier^, g;unpowder, match, felt-petre, ball, pikes,
fwords, head pieces, cuiraffes, halbeiTs, lances,
j^rcfins; horfe mriiiture, holfters, belts, and gene-
rally all' otiier implements of wars as alfo timber
for fhif ^building, tar or rofm, copper in ftieets,
fkils, hemp and cordage, and generally whatever
may fei*ve dire6lly to the equipment of vieffels, un-
Wroilght iron and fir planks only excepted j and all
the above articles arenereby declared to be juft ob-i
jefts of confifcation, whenever they are attempted
to be carried to an enemy .
." And whefeas the dimculty of agreeing on thd
ptfecife cafes in whith aloiie provifions and othei^
a!i*ticles tiot generally contraband riiay bs regarded
33 fuch, render^ it oipedient to provide againft the
inconveniences arid mifunderftandings which might
thence arife : It is further agreed, that wherever a-
riy fiach articles fo becoming contraband accoi ding,
tb the exiiting laws of Nations, fliall for that rea-
Ibn be feized, the fame fhall not be confifcated, but
th^ owners thereof fhisU befpeedily and completely
indemnified J and the captors, or in their default the
gbveriiriielit undef whofe authority th^ aft, fhall
pay to the ftiaftets or owners of fuch veflels the full
value of all articles, with a reafonable meixantife
profit thereon;, together with thie freight, and alfo
tfife Semtin'age incident to fuch detention.
And wheitas it frequently happens that veflelii
fail for a port or place belonging to -an enemy,
without
I -'•
i I .
>',:.:
I
Vrlthmnf tft^griidt the faiiie is eitfiS^ l^g^;
block^ictect ot mveftcd ; it Is^^S^reed, that fevery veifel.
fo Circiinnjft^ted rrtav Be tanfed aWiW frpiix tiicli
tE^ itotiee ihe fhkll agam attern jrt to ;eitter ; but fjie
ihaiH be pennitte^* to ^o to airy crtKef pbh orplzQgi
(henm'f think proper i Ndi- piall atty veffel qv
goods of either pstrty, thft iiqtay have entered into'
fuch port or pl^ce, befoiip tne farfie wa^ tefiegea,
blockaded or mvefted by_fhe oth^\ ind be found
thei'^itii after" the rcduraoit or mt^^ ofnicli
pUcty be liable to eoitfifcation, but Ihalt be reftored
to th& owners or proprietoi-s tliiikSt *
Akr. XD^. Aiia fliaft tnore abundailt cg're be
taken for the fectirrty of the ref|)^&V^^^
cifizerits of th"^ cohtfafliii^ parti^^^^^ prevent
their fuffering injuria b|^, tne nien of war*, or pri-^
vateei's 6f either patrtj, ^iJ ComnSaiAdefs .of fftips of
wit and privateers and alt others the faid fubjefts
and citi^z^efis ffiall 'forbear domg Jiny danlage to
thofe of th6' othie^ P^^ty , or toriiniitting any outrage
againft thein', and if they ^6t to ." e contmiy, they
fhefll b^ putiirtied^, aM; fhafl Wo'ht bouiid in thek
perfbns and.effa't&s tis make fifisfeld^idii andrepaira;-
ti^i>for ail diafnages^, and the intefett tfeefeof, of
whatever nature the faid damages may be.
For this caufe all coriiinanders of privateers be-
iWeth% receive their co'mniiflibiis di^llliei-eaftov
be obliged to give btfore a Coriipeten^ Jucige, fiiffi'*
cieiit feeurity by ^t leaft two relpohfible fiiieties,
who have no intereft in th6 faid privateer, each of
whom, together with the faid commander, ihaU be
jointly
yt
'*
m
'm "
■'1% !
,/
.«^l\
' >
;
V
I 4 'I
( a6 ) v;
Jointly and feverally bound in the fum of fifteen
hundred pounds fterling, or if fuch fhips be provi->
ded with above one hundred and fifty feamen or
foldiers, in thic fum of three thoufand pounds fter-
Hng, to fatisfy all damages and injuries, which the
faid privateer or her officers or men, or any of them
may do- or commit during tlieir ci*uife, conti'ary to-
the tenor of this treaty, or to the laws and infti'uc-
tions for regulating their €ondu6t ; and further that
in all cafes of aggreflions the faid commiiTions fhall
be revoked and annulled.
It is alfo agreed that whenever ajudjge of a court
of admiralty of either of the parties, (hall pronounce
fentence againft any vefTet or goods or propeity
belonging to the fubje6ls or citizens of the other
party, a formal and duly authenticated copy of all
the proceedings in the caufe, and of the laid fen-
tence, Ihall if required be delivered to the comman-
der of the faid veflel, without the fmalleft delay > he;
paying all legal fees and deniands for the fame.
Art.. XX. Jt is further agreed that both the f^d
contrafting parties, fhall not only refufe to receive
any pirates into any of their ports, havens, or
towns, or permit any of their inhabitants to receive,
protedl, harbour,, conceal or ailift. them in any
manner, but will bring to condign punifhment all
fuch inhabitants as fhall be guilty of fuch a£t& ot
offences.
And all their {hips with the eoods or merchan-^
dizes taken by them and brought into the port of
either of the faid Parties, fhall be feized as Tar as
they can be difcovered and fhall be reftored to the
owners or theix Factors or Agents duly deputed
and
4
? h
"^t^
■?«s^-'
IT"****'**'!*'*'---*'*!"
.J J.
-y
iand authorized in writing by them Q;)roper evi-
dence being firft given in the Court of Admiralty
for proving theproperty) even in cafe fuch efie6ls
(hould have pafled into other hands by fait, if it be
proved that the buyers knew or had good reafon ,
to beUeve, or fufpe6l that they had been piratical- ■'.■
ly taken.
Art. XXI. It is likewife asrreed, that the fub-
jects and citizens of the two nations, (hall not do
any a6ls of hoflility or violence againft each other,
nor accept commiffipns or inftru6lions fo to a6l
from any foreign prince or ftate, enemies to the o-
ther party -, nor mall the enemies of one of the
parties be permitted to inVite, or endeavour to en-
lift in their militaiy fervice any of the fubje6ls or
citizens of the other paity ; and the laws againft
alliuch offences and aggreiIion:s fliai^l be punctual-
ly executed. And if any fubje6t or citizen of the
{aid paities refpe^ively fhall accept any foreign
^mmiffion,^r letters of marque, for arming any
veffel to a<5t as a privateer againft the other party,
and b^ taken by tne other party, it is hereby decla-
red to be lawful for the faid party to treat and pu-
-mOi the faid fubjo6t or citizen, naying fuch com-
mifiioh or letters of mai'que, as a pirate.
- i Art. XXII. It is expiefsly ftipulated that nei-
ther of the faid contradung parties -will order or
authorize any afts of reprifal againft the other, on
^.complaints of injuries or damages, until the faid
party fhall firft have prefented to the other a ftate-
ment thereof^ verified by competent proof and evir
-dence, and demanding juftice and fatisfaction, and
the fame fhall either have been refufed or unrea-
sonably delayed. Art-
I
. •$!»^>>)»
\V
i
^ 4
">■
iiv
•I
•5
Art. XXIII. The fhips- of war of each of the
conti;aQin^ paitips Qf^f^h at al^ times, b^^ hpfpitably
ipeceived in the portd of the other, their officers and
trews paying iup rcfpeftio tjie la\ys ^n4 gpvern-
jpaqnt of the covmti-y . The officer^ 4^all be tt'cated
>yit^l^that Velpeft vyWc|i^ ip due to the 5:Qnnniffions
wljich thej^bear, and if a^ij jnfult f'ould be pfFered /
to them by any of the inhabitants, all offenders in
this refp^dl fhall be pynifhqd as^difturbers of the
peace ajj^ ^^i^y between the two countries.. And
his ^ajeiiy conftnts '^^t iq ^^pan^^njierjca^ vef-r
'4l, ^wti^ ^yi^'s^if otw .
S'\es or-Q^thfT ip^sfortui^^ bp reduced- tp the necef-
y of'feefc^g lhfjtej.ln ai;iy:9f ^
|uto which mch v^flel co^ not i^ oj^^din^iy ca^s
^laiiri to be adOTtted, fceihaU pninanifeftingttot
ii^cejjity to the fatisfadl9in pf the gpyerneafint^of
*{hepUce,.Jif feoj^^ r,eceived. gn^ipei-jipfitit^d.tQ
^ejit ana to^iiychaif at tl^e ipf^a?ket;>pffi^e -fufh
neceffari^^, as fce m ^. fta^d i|^ i^e^ of j> jcjas^toa-.
bly tP fitch orders and rqgujati^s j^ th^lgiwisrja^
inent of map^^ haying r€fp€<9: tp the citciMsn-
iteinces cf Vd;i cafe fli^ll, j)jii?fcribe, $h^ iWi not
be allowed to Wf^ bij'fcor j^jnt^d her ;c^f gp, ;wn-
t^S. t3f ^, &DpJ?.^^^^^ ht,b0ia^d€- ^j?^#aSy jQ.her ibsr
irig refitte^. l^br ihali ^ t>^ jfeUilancy
l^^t o| hj^^V^a^^O; lini^^ {% ^u<jh flgitf^astmafy be
^jeceflky rtordetray. her e^pgn^e^^nj^ j^^'not withr
p]attKee^r^s,p^^
places Kpr fhaliihe be PbSged tP "p^y wy <^ties ^
^^hjatever exoept Pply on fi^Qh.ar^ieksi as -uie may
b,e! permitted to fell for tl^ef piirppfe ^JFocdaidi^'^^i t
^Ai^^x/XXtV^. It ig^alljj^ol^bg4^5K^^ ^y fo-
\
-..v""*^.
reign privateers (not l^eing fubjefts or. citizens of
either of the fei<^ parties) vyhp have comir>iffio|(s
from any other Prince or* State in enmity witji ei-
ther nation, to arm their^hips in the ports ofeither
of the faid parties, nor to fell what thiey h^ve taken,
nor iti any other manner to exchange the famfj
44or fliall they be allowe4 to purchafe more prpyi-
ii<i»is than fl>all' he neceffary For their going to tl\e
l^eareft port of th^t prince or State from wbpip
ihey obtained-their com'miffions.
Art. XXV. It fhajl be lawful. fqr the. (hips ot
iivjear ^rid privateers be^ongin^ to the f^id parties re-^
Ifoe^tively^ to carry wbi^therfoeyer t^ey pje^e tlie
tmips^and goods taken frpm their enemies, witho\it
ibeii^ obliged to-pay ^ny fee to the Officers pf the
^dmkalfyi'or to any jfudjges whatever 3 nor fhqll
•the 'faid prizes 5/\4ienpey^a^^ at;^ ^nd enter t^e
'portg^of |he faid parties oe .detained. or, feized, nei-
itljer ftiall th^TeareKejps or oth^r offtce^'s of tho^
^pla<^ V4lit fuch pii^es, (except for the puippjfe eif
-pf^vGntingithc carrying, pf any p^ of. the c^;:ffo
^hereof on {hoi« in any manrier contrary to the
ttftablifhed laws of R,«venue,' Navigatipn, or jCom-
ii»er<^) ^or Biall fuc^.<^fRp^rs jake cognig^i^e ^f
the^lidil^y of Wch pil?es,i tut iji^y fli^U Ida ^tXx-
ib^^'td hoLft fa^i arvJidepiart as fpeediily ^^ in^y b;^,
aiid«arry |h4rl^:prizes to the^pl^ce xxjentipn^ji
'4n ^eir cpmniiffio^ns or pq.tqits> which the qpm-
-tftanidfeifs^^^^he feid^ipis of war oppiiyateers flxali
ibe 6b%eitp^ (hew/^^ or re^fbge fb^, te
-gi^^en^iE* their ports^to fuch as hp^ve m^^ at pd?y2
'fijkin life (&lgcfts of citizens of ^ith^.r_of tbf? faijl
^mies; biit^ff^ijced/hy'fWefs 6f >^^^ or the
,1'^; :.: ^, ■, .*ii% ;-'**-.• -^ -"■ danger
y
r^.r
I.
II i'
L
i :
•)/;v/'frr
(flarigei- or the lea, to enter thei*ein, particular care
fliall be taken to haften their departure, and to
caufe tlicm to retu'C as foon a? pollible. Nothing
in this Treaty contained ftiall however be conftrued
or operate contraiy to former and exifling public
'Treaties with other Sovereigns or States. 3ut the
'two parties agree, that while they continue in ami-
ty, neither or them will in future make any treaty
'that fhall be inconfillent with this or the preceding
.article, - '
Neither of the faid parties fhall permit the (hips
goods belongmg to the fubjefts qx\ citizens of
the other to be taken within <:annon (hot of the
^coaft, nor in any of the bays, ports, or rivers qf
; their territories, by Ihips or wai*, or Qthefs having
cornmiffion from any Prince, Republic, or Siate
tyhateyeh. But in cafe it ihould io happen, the
party whofe territorial rights fli^U thus nave been
, violated, fhall ufe his utmoft endeavours to obtain
from the offending party, full and ample fatisfac-
tion for the vefTel or veffels fb taken, whether the
fame be vefTels of war or merchant vefTels-
Art. XX VL If at afty time a i^pture fliould
take place (which Gocl forbid) between his Majefty
and tne United States, flie M^'chants arid others of
each of the two natipns refidmg in the dominions
of the other fhall have the privilege of remaininjg^
J and continuing their Trade, io long as they behave
^peaceably and commit no, c^enceagai^fl tne lavirs-5
i^nd in cafe theij: coiidgtftfliould render them fuf-
'pe(^ed and the refpeftive goveinmehts jiiouki think
proper to order them to remove, idie ter^i of tyvelve
inondas from the publication of the order fhall be
' ' allowed
-r^i-
r
V
31
>
allowed them for that purpofe, tc remove with their
families, effects and }>i'operty, but this favor (hall
not be extended to thofe who fhall aft contrary to
the eftablifhed laws, and for greater certainty, it is;
declared that fuch rupture (hall not be deemed to
exift while negotiations for accommodating differ-
cnces fhall be dependmg,. nor until the refpeftivc
Ambafladors or Miniil:ei*s, if fuch there fhall be,
fhall be recalled, or fent home on account of fucK
differences, and not on account of perfonal.mifcon-
duft, according to the nature and degrees of which
both parties retain their rights, either to requeflt
the recall, or immediately to fend home the Am-
haffador or Minifler of the other ; and thiat with-*
out prejudice to their mutual friendlhip and good
underftanding. '
Art. XXVII. It is further agreed, that hisj'
Majefhr and the United States on mutual requifi-
tions, by them refpeftively, or. by their refpefttvc
Minifters or Officei's authorized to make the fame,
will deliver up to juflice all perfons, who beings
charged with murder or forgery, committed withiii
, the jurifdiclion of either, ftiall feek ^n afylum with--
in any of the.countrieff of the other, provided that
this fnall only be done on fuch evidence of crimi-"
nality as, according to the laws of tlie place, where'
the fiigitive or perfon fo charged fhall be found,
would juftify his apprehenfion and commitment
for tiiafc, if the offence had there been committed/
The expence of fuch apprehenfion and delivery;
fhall be borne and defrayed by thofe who make the'
r^quifition and receive the fup;itive.
Art. XXVIli.. It i::: agreed, that the firft tea
*. • . ■ articles
■^' ,
'Ni^.
►m»x
.>
r I
1 V'
\
i 1. 1
il
'C
Qfifdeki 0if tills "treaty'diall be permanent, and that
{tit tuhikyicni articles, exdcpt the twelfth, (hall be
llAikecTinmeir duration to twelve years, to be com-
]^^ed flpm ttie d^y ott whicft; the r^tifieations of
ffiis iTrcaty ffiall be exchanged, ]but fubjc3^ to thi«»
condition — that wliercas the faid. iwdfth artit:lc
will eicpkt by ttie limitation therein contained^ at
tfie eiid of two years from the figning the prfeli-
txSxiky or other articles of peace which ilwm ter-
minate the prefeht war in wWcb his Majcfty k
eneag^, it is agreed, that proper meafurei» ftmfl'.by
conccflf be taken for bringing the fubjfeft of that
ai'ticte, into amicable treaty and difeuiiion, fo early
before tKe expiration of the faid t9i'ni,.as that new
arrangements on that head, may by . that time be
perfected and ready to take place. , Butif it ftiould
unfoituhafely happen, that his M^efty and the
Vmiii States fliomd not be able to agi'^e on fuch
new arrangements, in that cafe all the articles of
this treaty, except the firft ten fliall then ceaft slnd
expire togetlier.
Lastly. Thle Treaty, when the feitte fliall
Save been ratified by his M^eily and by the Pre-
fident of the tJnited States, by and with th^ advice
aivi cpnfent of their Senate, and thte ye^eftive ra^
tincatiohs mutually exchanged^ ftiaU be Wnding
afidobligiaiory on his Majefty and oh the faid States,
and* man be by them refpe^tiyeily exefcuted and ob^
iSved with punctuality and the moft fincere regard
ti) ggiod faith } and whereas it will be expedietit, in
oroef the better to facilitate intercourfe and obvi^
ate difficulties, that other articles be propofed and
added to this Treaty, which articles nom want of
time
^■s
■ Sfcv'
i^ ^V ^ -s a.
ii l i*iii»l
litmimiii
aHki
f
C
t
i [•'
. 1'
il
\^
!•.
I..''
i *
i
\'
I
■K
I./.V... =,
•!■
t)-
(' 3^ )
kiine and other circumftanccs, cannot now be pci- '.
fe6led — it is agreed, that the (aid j^aities will, from .
time to time, readily treat of and concerning fuch .
articles, and will fmcercly endeavour fo to form
them, as that they may conduce to mutual convt- ,,
nience, and tend to promote mutual fatisfa6Vion '
and friendfliip -, and that the faid articles, after
having been duly ratified, (hall be added to, and .,
make a part of tnis Treaty. In faith whereof, we,
the underfigned Minifters Plenipotentiary of his
Majefty the King of Great-Britam and the United
States of America, have figned this prrfent Treaty,
and have caufed to be afRxed thereto the Seal of .
our ai'ms.
Done at London, this Nineteenth Day of
November, One Thoufand Seven Hun-
di'ed and Ninety-Four. , .
• GRENVILLE. :(Seal.)''
;f-:i. JOHN JAY. ' (Seal.)
V.V
CONDITIONAL RATIFICATIOI^
On the Part of the United StateSy
.. In Senate^ yune 24, 179 j'.
kESOLVjEDy that the Senate Jo cofifent tOy and
advife the Frefident of the United \Statei to ratify the
Treaty of amity y commerce and na^uigation, between his
Britannic Mdjejiy and the UnitAd States of jhnericAy
cdnctuded at London the i gth No^ member 1 794, on con^
dition that there be added to the fat d Treaty^ an article
whereby itjhallbe agreed to fusten d the operation offo
prucb of the I ±th article, as rejpei h the trade, which hi^
said
\
^
^<i
J 1
I
I'
!■■ i!
I. S
II
»&:<
Mi
< 1^
V 34 )
sat J Majefly thereby confents may be carried on between
the United Sates and his IJlands in the Wefi-IndieSy in
the manner^ and on the terms and conditions therein jpe-
cijied.
And the Senate recommend to the Prefident to pro-
ceed without delay to further friendly negotiations with
his Majejly on thefubjeSi of the f aid trade ^ and of the
terms and conditions in quejiion.
Sir,
Philadelphia^ Sept, 5, 1793.
I am honoured with yo :rs of Auguft 30. Mine
of the 7th of that month affured you that meafures
were taken for excluding from all further afylum
in our ports vcflels armed in them to cruife on na-
tions with which we arc at peace, and for the re-
floration of che prizes the Lovely Lafs, Prince
William Henry, and the Jane of Dublin 5 and that
fhould the meafures for reftitution fail in their ef-
fe6l, the Prefident confidered it as incumbent on the
United States to make compenfation for the vefTels.
We are bound by our Treaties with three of the
belligerent nations, by all the means in ou»* power
to protedl and defend their veflels and efFe6ls m our
ports, or waters, or on the feas near our ihores,
and to recover and I'eftore the fame to the right
ov/ners when taken ifrom them. If all the means
in our power are ufeid, and fail Jn their efFe6l, we
are not bound by our Treaties with thofe nations
to make compenfatic )n.
Though we have \ 10 fimilar Treaty with Great-
Britain, it was the opi'nion of the Prefident, that we
fliould
u
1
V ..
': <
■■■,
1'
-.■''■
i"
nf
•
«
■^"-T
V
{ 35 )
Ihould ufe towards that nation the fame rule, which,
under this article, was to govern us with the other
nations j and even to extend it to captures mad**,
on the high feas, and brought into our ports ; if
done by veflels which had been armed within them.
Having, for particular reafons, forbore to ufe ail
the means in our power for the reftitution of the
three vefTels mentioned in my letter of Auguft 7th,
the Prefident thought it incambent on the United
States to make compenfation for them : And tho*
nothing \\ras faid in that letter of other veflels taken
under like circumftances and brought in after the
5th of June, and before the date of that letter, yet
when the fame forbearance had taken place, it was
and is his opinion, that compenfation would be
equally due, t
As to prize*! made under the fame circumftances,
and brought in after the date of that letter, th:^
Prefident determined, that all the means in our
power fliould be ufed for their reftitution. If thefe
fail, as we (hould not be bound by our treaties to
make compenfation to the other powers in the ana-
logous cafe, he did not mean to give an opinion
that k ought to be done to Great-Britain. But
ftill if any cafes fhall arife fubfequent to that date,
the circumftances of which fhall place them on
iimilai* ground with thofe before it, the Prefident
would think compenfation equally incumbent on
the United States. ... t .. ^. v,.. , v
' ;r Inflruftijns are given to the governors of the
'different ftates to ufe all the means in their power
■ for reftorin;5 prizes of this laft defcription found
within their ports, Though they will of courfe
take
I
i
I---
•.r
J
'■' ^•
i '.,
6 •
%.-
i^.:
f' f
I'
F^
I
I-
- ( 36 )
take mer^fures to be informed of them, and the ge-
neral government has given them the aid of the
cuftom-houfe ouicers for this purpofe, yet you will
be fenfible of the importance of multiplying X\iq
--channels of their information as far as fhajl depend
on yourfelf, or any perfon under your direction,
in order that the governors may ufe the nieaus in,
■ their power for making rellitution,
Without knowledge of the capture they cannot
reftore it. It will always be beft to give the notice
' to them dire6lly j but any informa-tion vy^hich ypu
.' fhall be pleafed to fend to me alfo at any time, mall
be forwarded to th^m ^s quickly as diftance v^ill
' pernat,
Hence you will perceive Sir, that the Prefident
- contemplates reftitution or compenfation in the qa-
fes before the 7th Auguft ; and after that date^ ref-.
f-titution if it can be efFe6led by any means in our
^^ power. And that it will be important that you
' fhould fubftantiate the fa6l, that fuch prizes are in
'- our ports or w«nters. ' ' ^^^->
V Your lift of the privateers illicitly armed in pur
ports is> I believe, correal.
With refpe6l to lofles by detention, wafte, fpoli-
- ation lliftained by vefTels taken as beforc-rnentioned
r between the dates of June 5th, and Auguft 7th, it
»' is propofed as a provifional meafure, that the Cpl-
^ leAor of the Cuftoms of the DiftricSt, and the Bri,tifti
^ Conful, or any other perfon you pleafe, fhall ap-
point perfons to eftablifh the value of the vellel and
cargo, at the time of her capture, and of her arrival
in the port into which ftie is brought, according
i to tl^;;ir value in that port:. If this ftiajl be agree-
>,-4pV " •'. ■ ■ ' ' -':.■■■-- '■ ' :. ■■-■■■■ ■
f
-i ;•. -.
■MM
1 i ?■;>
Hki
mmim
«»<•( *
Vj.
'V > i'^ V^ ^;.,-, .,>
( 37 )
^hk to you, and you will be pleafed to fignlfy it
to me, with the names of the prizes underftood to
be of this defcription, inftructions will be given
accordingly to the Colle6lor of the Cuiloms where
th^ r^fpeftive veffels are.
I have the honour to be, &c.
(Signed) THOMAS JEFFERSON.
Gea^ flammondj Efq,
W HILST the Treaty was under difcuflion
in the Senate, the following proportions were
brought forward and refpedlively offered as fubfti-
tutes to the Refolution of Ratification which ulti-
mately prevailed.
Mr. Burr's Motion.
THAT the further confideration of the Treaty
concluded at London the 19th of November r794,
be poftponed, and that it be recommended to the
Prefident of the United States to proceed without
delay, to further friendly negotiation with his Bri-
tanic Majefly, in order to effe6l alterations in the
faid Treaty, m the following particulars :
That the 9th, loth, and 24th Articles, and lb
much of the 25th as relates to the fhelter or refuge
; to be given to the armed vefTels of States or Sove-
reigns at wai with either party, be expunged.
; , 2d Art. That no privilege or right be al-
1 towed to the fettlers or traders mentioned in the 2d
Article,
V>a ;;■
■ T > - ••< '■■'■
In
J^
.A
jjf
1 .\#
il
' I-
\< 'I
*
1^ i9 t
r
^*^ 4^«^i<' /Z'^jU'
( 38 )
Article, other than thofe which arfc fecuted to tucm
by the Treaty of 1793, and exifting laws.
3d Art. That the 3d Article be expunged,
or, fo modified that the citizens of the United
States may have the ufe of all rivers, ports and
places withifi the terjitorics of his Britannic Ma-»
jefhr in North-America, in the famq manner as his
fubjefts may have of thofe of the United states.
6th Art. That the value of the Negroes and
other property, carried away contrary to the 7th
article of the treaty of 1783, anci the lojs and damage
sujiainedby the Uiiited States^by th4 detention rfthepofts^
be paid for by \p Blitim govefrinlent 5 the a-
mount to be afcerta. 1 by the commiffioners who
may be appointed to liquidate the claims of the
Britifh creditors*
1 2th Art. That what relates to the Weft-In-r
dia trade and the provifos and conditions ^hereof ,
in the 1 2th article, be expunged, or be rendered
much more favourable to the United States and
without any reftraint on the exportation in veffels
of the Unital States, of any articles, not the growth,
produce or manufacture of the, ikid ifUnd? of his
Britannic Majefly.
1 5th Art* That no claufe be admitted which
may reftrain the United States from reciprocating
benefits by difcriminating between foreign nation^
in their commercial arrangements, or prevent them
from encreafing tiie tonnage, or otner duties on
Britifh velFcls, on tenns of reciprocity, or in a tti-
pulated ratio.
»2ifl: Art. That tiic fubje6l« or citizens of ei-
ther party, be not reflrained from accepting cbm-
miffions in the army or navy of any foreign power.
n
I.
d
d
d
■e
'i- 1
i
1
S :
» 1
S
■•■mm .