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tractantes, il est convenu que les Sujets Respectifs ne seront point troublés ni molestés, soit en naviguant ou en exerçant leur Pêche dans l'Océan Pacifique, ou dans les Mers de Sud, soit en débarquant sur les Côtes qui bordent ces Mers, dans des endroits non déjà occupés, afin d'y exercer leur commerce avec les Naturels du Pays, ou pour y former des Etablissemens. Le tout sujet néanmoins aux restrictions et aux provisions qui seront spécifiées dans less 3 Articles suivans.
Navigation by British Subjects of Pacific and South Seas not to be made a
Pretext for Illicit Trade with Spanish Settlements.—British Subjects not to fish within 10 Leagues of Coasts occupied by Spain.
Sa Majesté Britannique s'engage d'employer les mesures les plus efficaces pour que la Navigation et la Pêche de ses Sujets dans l'Océan Pacifique, ou dans les Mers du Sud, ne deviennent point le Prétexte d'un commerce illicite avec les Etablissemens Espagnols; et, dans cette vûe, il est en outre expressément stipulé, que les Sujets Britanniques ne navigueront point, et n'exerceront pas leur Pêche dans les dites Mers, à la distance de 10 lieues maritimes d'aucune partie des Côtes déjà occupées par l'Espagne.
Free Access of Subjects of each State to the Settlements of the Other.
Il est convenu, que tant dans les endroits qui seront restitués aux Sujets Britanniques, en vertu de l'Article I, que dans toutes les autres parties de la Côte du Nord-ouest de l'Amérique Septentrionale, ou des Iles adjacentes, situées au Nord des parties de la dite Côte déjà occupées par l'Espagne, partout où les Sujets de l'une des 2 Puissances auront formé des Etablissemens, depuis le mois d'Avril, 1789, ou en formeront par la suite, les Sujets de l'autre auront un accès libre et exerceront leur commerce, sans trouble ni molestation.
No settlements to be made on Islands adjacent to the Eastern or Western Coasts
of S. America South of the Portions already occupied by Spain, but Landing may be effected for Fishery purposes.
Il est encore convenu, par rapport aux Côtes tant Orientales qu’Occidentales de l'Amérique Méridionale, et aux Iles adjacentes, que les Sujets respectifs ne formeront à l'avenir aucun Etablissement sur les parties de ces Côtes situées au Sud des parties de ces mêmes Côtes, et des Iles adjacentes, déjà occupées par l'Espagne; bien entendu que les dits Sujets respectifs conserveront la faculté de débarquer sur les Côtes et Iles ainsi situées, pour les objets de leur Pêche, et d'y bâtir des cabanes, et autres ouvrages temporaires, servant seulement à ces objets.
ARTICLE VII. Procedure in Case of Infraction of the Convention. Dans tous les cas de plainte, ou d'infraction des Articles de la présente Convention, les Officers de part et d'autre, sans se permettre
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au préalable aucune violence ou voie de fait, seront tenus de faire un rapport exact de l'affaire, et de ses circonstances, à leurs Cours respectives, qui termineront à l'amiable ces différends.
La présente Convention sera ratifiée et confirmée dans l'espace de 6 semaines, à compter du jour de sa signature, ou plutôt si faire se peut.
En foi de quoi, nous Soussignés Plénipotentiaires de Leurs Majestés Britannique et Catholique, avons signés, en leurs noms, et en vertu de nos Pleinspouvoirs respectifs, la présente Convention, et y avons apposé les Cachets de nos Armes. Fait à San Loren el Real, le 28 Octobre, 1790.
EL CONDE DE FLORIDABLANCA. (L.S.) ALLEYNE FITZ-HERBERT.
16 No. 11.-1794, November 19: Treaty between His Britannio
Majesty and the United States (“ Jay's Treaty "). 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 Senate. Concluded November 19, 1794; ratification exchanged October 28, 1795; proclaimed February 29, 1796.
His Britannic Majesty and the United States of America, being desirous, by a Treaty of Amity, Commerce, and Navigation, to terminate their differences in such a manner, as, without reference to the merits of their respective complaints and pretentions, may be the best calculated to produce 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 Plenipotentiary, the Right Honourable William Wyndham Baron Grenville 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 said United States, by and with the advice and consent of the Senate thereof, hath appointed for their Plenipotentiary, the Honourable 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:
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, territories, cities, towns and people of every degree, without exception of persons or places.
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 evacuation shall take place on or before the first day of June, one thousand seven hundred and ninetysix, 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 meantime, at their discretion, extending their settlements to any part within the said boundary-line, except within the precincts or jurisdiction of any 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 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 Britannic Majesty, shall be considered as having elected to become citizens of the United States.
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 Majesty's said territories; nor into such parts of the rivers in His Majesty's said territories as are between the mouth thereof, and the highest port of entry from the sea, except in small vessels trading 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 British 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 side, to whichsoever of the
parties belonging, may freely be restored 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 merchandise whose importation into His 17 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 citizens of the United States, and such goods and merchandise 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 merchandise 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 merchandise 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 whatever nature, pay for the same any impost or duty whatever. But goods in bales, or other large packages, unusual among Indians, shall not be considered as goods belonging bona fide to Indians.
No higher or other tolls or rates of ferriage than what are or shall be payable by natives, shall be demanded on either side; and no duties shall be payable on any goods which shall merely be carried over any of the portages or carrying-places on either side, for the purpose of being immediately re-embarked and carried to some other place or places. But as by this stipulation it is only meant to secure to each party a free passage across the portages on both sides, it is agreed that this exemption from duty shall extend only to such goods as are carried in the usual and direct road across the portage, and are not attempted to be in any 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 favourable to friendship and good neighbourhood, 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.
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 part, adjacent thereto; and that if, on the result of such 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, according to justice and mutual convenience, and in conformity to the intent of said treaty.
Whereas doubts have arisen what river was truly intended under the name of the River St. Croix, mentioned in the said treaty of peace, and forming a part of the boundary therein described; that question shall be referred to the final decision of commissioners to be appointed in the following manner, viz:
One commissioner shall be named by His Majesty, and one by the President of the 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, according 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 Halifax, 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 commissioners shall, by a declaration, under their hands and seals, decide what river is the River St. Croix, intended by the treaty. The said declaration shall contain a description of the said river, and shall particularise 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 authorised to manage 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 difference between them.
Whereas it is alleged by divers British merchants and others His
Majesty's subjects, that debts, to a considerable amount, which 18 were bona fide contracted before the peace, still remain owing
to them by citizens or inhabitants of the United States, and that by the operation of various lawful impediments since the peace,