Slike strani

common to both, and thereby to promote a of his majesty and to the agent of the United disposition favourable to friendship and good States, who may be respectively appointed neighbourhood, it is agreed that the respective and authorized to manage the business on begovernments will mutually promote this ami- half of the respective governments; and both cable intercourse, by causing speedy and im- parties agree to consider such decision as final partial justice to be done, and necessary pro- and conclusive, so as that the same shall never tection to be extended to all who may be con- thereafter be called into question, or made the oerned therein.

subject of dispute or difference between Art. 4. Whereas it is uncertain whether them, the river Mississippi extends so far to the Art. 6. Whereas it is alleged, by divers northward as to be intersected by a line to be British merchants, and others his majesty's drawn due west from the lake of the woods, subjects, that debts to a considerable amount, in the manner mentioned in the treaty of which were bona fide contracted before the peace between his majesty and the United peace, still remain owing to them by citizens States ; it is agreed, that measures shall be or inhabitants of the United States, and that taken, in concert with his majesty's govern- by the operation of various lawful impediments ment in America, and the government of the since the peace not only the full recovery of United States, for making a joint survey of the the said debts has been delayed, but also the said river, from one degree of latitude below value and security thereof have been, in sevethe falls of St. Anthony, to the principal ral instances, impaired and lessened, so that, source or sources of the said river, and also of by the ordinary course of judicial proceedings, the parts adjacent thereto; and that if, on the British creditors cannot now obtain, and the result of such survey, it should appear actually have and receive full and adequate that the said river would not be intersected by compensation for the losses and damages such a line as is above mentioned, the two which they have thereby sustained; it is parties will thereupon proceed, by amicable agreed that in all such cases where full comnegotiation, to regulate the boundary line in pensation for such losses and damages cannot that quarter, as well as all other points, to be for whatever reason, be actually obtained, had adjusted between the said parties, according and received by the said creditors in the orto justice and mutual convenience, and in dinary course of justice, the United States conformity to the intent of the said treaty. will make full and complete compensation for

ART. 5. Whereas doubts have arisen what the same to the said creditors ; but it is disriver was truly intended under the name of tincily understood that this provision is to exthe river St. Croix, mentioned in the said tend to such losses only as have been occatreaty of peace, and forming a part of the sioned by the lawful impediments aforesaid, boundary therein described, that question and is not to extend to losses occasioned by shall be referred to the final decision of com- such insolvency of the debtors, or other causes missioners, to be appointed in the following as would equally have operated to produce manner, viz.-One commissioner shall be such loss if the said impediments had not exnamed by his majesty, and one by the presi- isted, nor to such losses or damages as have dent of the United States, by and with the been occasioned by the manifest delay or negadvice and consent of the senate thereof, and ligence, or wilful omission, of the claimant. the said two commissioners shall agree, they For the purpose of ascertaining the amount shall each propose one person, and of the of any such losses and damages, tive coinmistwo names so proposed, one shall be drawn sioners shall be appointed, and authorized to by lot in the presence of the two original meet and act in manner following, viz. two of commissioners; and the three commissions them shall be appointed by his majesty, two so appointed shall be sworn impartially to of them by the president of the United States examine and decide the said question, accord- by and with the advice and consent of the seing to such evidence as shall respectively be nate thereof, and the fifth by the unanimous laid before them, on the part of the British voice of the other four ; and if they should government and of the United States. The not agree in such choice, then the commissaid commissioners shall meet at Halifax, and sioners named by the two parties shall reshall have power to adjourn to such other spectively propose one person, and of the two place or places as they shall think fit. They names so proposed one shall be drawn by lot sball have power to appoint a secretary, and in the presence of the four original commisto employ such surveyors or other persons as sioners. they shall judge necessary. The said commis- When the five commissioners thus appointed sioners shall,by a declaration under their hands shall first meet, they shall, before they proandseals, decide what river is the river St. Croix ceed to act respectively, take the following intended by the treaty. The said declaration oath or affirmation, in the presence of each shall contain a description of the said river, other, which oath or affirmation being so and shall particularize the latitude and longi- taken and duly attested, shall be entered on tude of its mouth and of its source. Duplicates the record of their proceedings, viz.“ I, A. B. of this declaration, and of thestatement of their one of the commissioners appointed in pursuaccounts, and of the journal of their proceed ance of the sixth article of the treaty of amity, ings, shall be delivered by them to the agent commerce, and navigation, between his Britannic majesty and the United States of that no such payment shall be fixed by the America, do solemnly swear or affirm, that I said commissioners to take place sooner than will honestly, diligently, impartially, and care- twelve months, from the day of the exchange ' fully examine, and, to the best of my judgment of the ratifications of this treaty. according to justice and equity, decide all such Art. 7. Whereas complaints have been complaints as under the said article shall be made by divers merchants and others, citizens preferred to the said commissioners; and of the United States, that, during the course that I will forbear to act as a commissioner of the war in which his majesty is now enin any case in which I may be personally in-gaged, they have sustained considerable losses terested.” Three of the said commissioners and damage, by reason of irregular or illegal shall constitute a board, and shall have captures or condemnations of their vessels power to do any act appertaining to the said and other property under colour of authority commission, provided that one of the commis- or commissions from his majesty; and that, sioners named on each side, and the fifth from various circumstances belonging to the commissioner shall be present ; and all de- said cases, adequate compensation for the cisions shall be made by the majority of the losses and damages so sustained cannot now voices of the commissioners then present. be actually obtained, had, and received by the Eighteen months from the day on which the ordinary course of judicial proceedings; it is said commissioners shall form a board, and be agreed, that in all such cases where adequate ready to proceed to business, are assigned for compensation cannot, for whatever reason, be receiving complaints and applications; but now actually obtained, had and received by they are nevertheless authorized in any par- the said merchants and others in the ordinary ticular cases, in which it shall appear to them course of justice, full and complete compensato be reasonable and just, to extend the said tion for the same will be made by the British term of eighteen months, for any term not government to the said complainants. But it exceeding six months, after the expiration is distinctly understood that this provision is thereof. The said commissioners shall first not to extend to such losses or damages as meet at Philadelphia; but they shall have have been occasioned by the manifest delay power to adjourn from place to place as they or negligence, or wilful omission of the claimshall see cause. The said commissioners, in ants.-That, for the purpose of ascertaining the examining the complaints and applications so amount of any such losses and damages, five preferred to them, are empowered and re- commissioners shall be appointed and authoquired, in pursuance of the true intent and rised to act in London, exactly in manner dimeaning of this article, to take into their con- rected with respect to those mentioned in the sideration all claims, whether of principal or preceding article, and after having taken the interest, or balances of principal and interest, same oath or affirmation (mutatis mutandis) and to determine the same respectively, ac- the same term of eighteen months is also as. cording to the merits of the several cases, due signed for the reception of claims, and they regard being had to all the circumstances are in like manner authorized to extend the thereof, and as equity and justice shall appear same in particular cases. They shall receive to them to require. And the said commis- testimony, books, papers and evidence in the sioners shall have power to examine all such same latitude, and exercise the like discretion persons as shall come before them, on oath or and powers respecting that subject; and shall affirmation, touching the premises; and also decide the claims in question according to the to receive in evidence, according as they may merits of the several cases, and to justice, think most consistent with equity and justice, equity, and the laws of nations. The award all written depositions or books, or papers, or of the said commissioners, or any such three copies, or extracts thereof, every such deposi- of them as aforesaid, shall, in all cases, be final tion, book or paper, or copy or extract, being and conclusive, both as to the justice of the duly authenticated, either according to the claim, and to the amount of the sum to be paid legal forms now respectively existing in the to the claimant; and his Britannic majesty two countries, or in such other manner as the undertakes to cause the same to be paid to said commissioners shall see cause to require such claimant in specie, without any deducor allow. The award of the said commis- tion, in such place or places, and at such time sioners, or of any three of them as aforesaid, or times, as shall be awarded by the same shall in all cases be final and conclusive, both commissioners, and on condition of such reas to the justice of the claim, and to the leases or assignments to be given by the amount of the sum to be paid to the creditor claimants, as by the said commissioners may or claimant: and the United States undertake be directed. And whereas certain merchants to cause the sum so awarded to be paid in and others, his majesty's subjects, complain, specie to such creditor or claimant without that, in the course of the war, they have sus. deduction; and at such time or times, and at tained loss and damage by reason of the capsuch place or places, as shall be awarded by ture of their vessels and merchandize taken the said commissioners; and on condition of within the limits and jurisdiction of the states, such releases or assignments to be given by and broughtinto the ports of the same, or taken the creditor or claimant, as by the said com- by vessels originally armed in ports of the missioners may be directed : provided always said states. It is agreed, that in all such cases,


where restitution shall no: have been madethority, on account of national differences and agreeably to the tenor of the letter from Mr. discontents. Jefferson to Mr. Hammond, dated at Philadel ART. 11. It is agreed between his majesty phia, September 5, 1793 (a copy of which is and the United States of Aine ica, that there annexed to this treaty) the complaints of the shall be a reciprocal and entirely perfect li. parties shall be, and hereby are referred to the berty of navigation and commerce between commissioners to be appointed by virtue of their respective people, in the manner under this article, who are hereby authorized and the limitations, and on the conditions specified required to proceed in the like manner relative in the following articles to these as to the other cases comunitted to ART. 12. His majesty consents, that it shall them; and the United States undertake to and may be lawful, during the time hereinafter pay to the complainants or claimants in specie, limited for the citizens of the United States to without deduction, the amount of such sums carry to any of his majesty's islands and ports as shall be awarded to themi respectively by in the West Indies from the United States in the said conimissioners, and at the times and their own vessels, not being above the burthen places in which such awards shall be specified; of seventy tons, any goods or merchandizes, and on condition of such releases or assign-being of the growth, manufacture or produce ments to be given by the claimants as in the of the said states, which it is or may be said awards may be directed. And it is fur lawful to carry to the said islands or ports ther agreed, that not only the now existing from the said states in British vessels; and cases of both descriptions, but also all such that the said American vessels shall be sub. as shall exist at the time of exchanging the ra. ject there to no other or higher tonnage due tifications of this treaty shall be considered as ties or charges than shall be payable by British being within the provisions intent and mean- vessels in the ports of the United States; and ing of this article.

that the cargoes of the said American vessels ART. 8. It is further agreed, that the com- shall be subject there to no other or higher missioners mentioned in this and in the two duties or charges than shall be payable on the preceding articles shall be respectively paid in like articles, it imported there from the said such a manner as shall be agreed between the states in British vessels.-And his majesty two parties; such agreement being to be set- also consents that it shall be lawful for the tled at the time of the exchange of the ratifi- | said American citizens to purchase, load and cations of this treaty. And all other expenses carry away, in their said vessels, to the Uniled attending the said commissions shall be de- States, from the said islands and ports, all frayed jointly by the two parties, the same such'articles, being of the growth, manufacture, being previously ascertained and allowed by or produce of the said islands, as may now by the majority of the commissioners. And in law be carried from thence to the said statos the case of death, sickness or necessary ab- in British vessels, and subject only to the sence, the place of every such commissioner same duties and charges on exportation to respectively shall be supplied in the same

which British vessels and their cargoes are, or manner as such commissioner was first ap- shall be subject in similar circumstances. pointed, and the new commissioner shall take Provided always, that the said American vesthe same oath or affirmation, and do the same sels do carry and land their cargoes in the duties.

United States only, it being expressly agreed Art. 9. It is agreed, that British subjects, and declared, that during the continuance of who now hold lands in the territories of the this article, the United States will prohibit United States, and American citizens, who and restrain the carrying any melasses, sugar, now hold lands in the dominions of his ma- coffee, cocoa or cotton, in American vessels, jesty, shall continue to hold them according to either from his majesty's islands or from the the nature and tenure of their respective states United States, to any part of the world, except and titles therein; and may grant, sell, or de- the United States, reasonable sea stores exvise the same to whom they please, in cepted. Provided also, that it shall and may like manner as if they were natives : and that, be lawful, during the same period, for British neither tiey, nor their heirs or assigns, shall, vessels to import fromthe said islands into the so far as may respect the said lands, and the United States, and to export from the United legal remedies incident thereto, be regarded as Staies to the said islands all articles whatever aliens.

being of the growth, produce or manufacture Art. 10. Neither the debts due from in. of the said islands, or of the United States resdividuals of the one nation to individuals of pectively, which now may, by the laws of the the other, nor shares nor monies, which they said states, be so imported and exported. And may have in the public funds, or in the public that the cargoes of the said British vessels or private banks, shall ever, in any event of shall be subject to no other or higher duties war, or national differences, be sequestered or or charges than shall be payable on the same confiscated, it being unjust and impolitic that articles, it so imported or exported in American debts and engagements contracted and made vessels. by individuals having confidence in each other It is agreed that this article, and every and in their respective governments should matter and thing therein contained, shall ever be destroyed or impaired by national au- continue to be in force during the continuanoe of the war in which his majesty is now en- , coasting trade. Neither is this article to be gaged; and also for two years from and after construed to allow the citizens of the said the day of the signature of the preliminary states to settle or reside within the said terrior other articles of peace by which the same tories, or to go into the interior parts thereof, may be terminated. And it is farther agreed, without the permission of the British governthat, at the expiration of the said term, the ment established there; and if any transtwo contracting parties will endeavour farther gression should be attempted against the reto regulate their commerce in this respect, gulations of the British government in this according to the situation in which his ma- respect, the observance of the same shall and jesty may then find himself with respect to may be enforced against the citizens of Amethe West Indies, and with a view to such ar- rica, in the same manner as against British rangements as may best conduce to the mu- subjects, or others transgressing the same tual advantage and extension of commerce. rule. And the citizens of the United States And the said parties will then also renew whenever they arrive in any port or harbour their discussions, and endeavour to agree, in the said territories, or if they should be whether in any or what cases neutral vessels permitted, in manner aforesaid, to go to any shall protect enemy's property; and in what other place therein, shall always be subject to cases, provisions and other articles, not ge- the laws, government, and jurisdiction of nerally contraband, may become such. But whatever nature established in such harbour, in the mean time, their conduct towards each port, or place, according as the same may be; other in these respects shall be regulated by the citizens of the United States may also the articles herein after inserted on those touch, for refreshment, at the island of St. subjects.

Helena, but subject, in all respects, to such ART. 13. His majesty consents that the regulations as the British government may vessels belonging to the citizens of the United from time to time establish there. States of America shall be admitted and hos- ART. 14. There shall be between all the domipitably received in all the sea-ports and har- nions of his majesty in Europe, and the terbours of the British territories in the East In- ritories of the United States, a reciprocal and dies. And that the citizens of the said United perfect liberty of commerce and navigation, States may freely carry on a trade between The people and inhabitants of the two counthe said territories and the said United States tries respectively shall have liberty freely and in all articles, of which the importation or ex: securely, and without hindrance and molesportation respectively to or from the said ter- tation, to come with their ships and cargoes ritories shall not be entirely prohibited. to the lands, countries, cities, ports, places, Provided only, that it shall not be lawful for and rivers, within the dominions and territothem, in any time of war between the British ries aforesaid, to enter into the same, to regovernment and any other power or state surt there, and to remain and reside there, whatever, to export from the said territories, without any limitation of time : also hire and without the special permission of the British possess houses and warehouses for the purgovernment there, any military stores or naval poses of their commerce, and generally, the stores, or rice. The citizens of the United merchants and traders on each side shall States shall pay for their vessels, when ad- enjoy the most complete protection and semitted into the said ports, no other or higher curity for their commerce, but subject altonnage duty than shall be payable on British ways, as to what respects this article, to the vessels when admitted into the ports of the laws and statutes of the two countries reUnited States. And they shall pay no other spectively. or higher duties or charges on the importa- ART. 15. It is agreed that no other or higher tion or exportation of the cargoes of the said duties shall be paid by the ships or merchanvessels than shall be payable on the same ar- dize of the one party in the ports of the other, ticles when imported or exported in British than such as are paid by the like vessels or vessels. But it is expressly agreed, that the merchandize of all other nations. Nor shall vessels of the United States shall not carry any other or higher duty be imposed in one any of the articles exported by them from the country on the importation of any articles, said British territories to any port or place, the growth, produce, or manufacture of the except to some port or place in America, other, than are or shall be payable on the imwhere the same shall be unladen; and such portation of the like articles, being of the regulations shall be adopted by both parties growth, produce, or manufacture of any other as shall, from time to time, be found 'neces- foreign country. Nor shall any prohibition sary to enforce the due and faithful observance be imposed on the exportation or importation of this stipulation. It is also understood, that of any articles to or from the territories of the the permission granted by this article is not two parties respectively, which shall not to extend to allow the vessels of the United equally extend to all other nations. But the States to carry on any part of the coasting British government reserves to itself the right trade of the said British territories; but ves of imposing on American vessels in the sels going with their original cargoes, or pert British ports in Europe a tonnage duty equal thereof from one port of discharge to another, to that which shall be payable by British ves. are not to be considered as carrying on the sels in the ports of America; and also such [VOL. XXXII.]


duty as may be adequate to countervail the javelins, horses, horse-furniture, holsters, difference of duty now payable on the impor- belts, and, geperally, all other implements of tation of European and Asiatic goods when war; as all other timber for ship-building, lar įmported into the United States in British or or rosin, copper in sheets, sails, hemp and in American vessels. The two parties agree cordage, and generally, whatever may serve to treat for the most exact equalization of the directly to the equipment of vessels, unduties to the respective navigation of their wrought iron and fir planks only excepted; subjects and people in such manner as may and all the above articles are hereby declared be most beneficial to the two countries. The to be just objects of confiscation, whenever arrangements for this purpose shall be made they are attempted to be carried to an enemy. at the same time with those mentioned at the And whereas the difficulty of agreeing on conclusion of the twelfth article of this treaty, the precise cases in which alone provisions and are to be considered as a part thereof. and other articles, not generally contraband, In the interval it is agreed, that the United may be regarded as such, renders it expedient States will not impose any new or additional | to provide against the inconveniences and tonnage duties on British vessels, nor increase misunderstandings which might hence arise ; the now subsisting difference between the It is farther agreed, that whenever any such duties payable on the importation of any ar- articles so becoming contraband according to ticles in British or in American vessels. the existing laws of nations, shall for that rea

Art. 16. It shall be free for the two contract- son be seized, the same shall not be confising parties respectively to appoint consuls for cated, but the owners thereof shall be speedily the protection of trade, to reside in the domi- and completely indemnified; and the captors nions and territories aforesaid; and the said or, in their default, the government under consuls shall enjoy those liberties and rights whose authority (they act, shall pay to the which belong to them by reason of their masters or owners of such vessel the full value function. But before any consul shall act of all articles, with a reasonable mercantile as such, he shall be in the usual forms ap profit thereon, together with the freight, and proved and remitted by the party to whom he also the demurrage incident to such detenis sent; and it is hereby declared to be lawful tion. And whereas it frequently happens, and proper, that in case of illegal or improper that vessels sail for a port or place belonging conduct towards the laws or government, a to an enemy, without knowing that the same consul may either be punished according to is either besieged, blockaded, or invested; it law, if the laws will reach the case, or be dis. is agreed that every vessel so circumstanced missed, or even sent back, the offended go- may be turned away from such port or place, vernment assigning to the other their reasons but she shall not be detained, nor her cargo, for the same. Either of the parties may ex- if not contraband, be confiscated, unless, after cept from the residence of consuls such parti- notice, she shall again attempt to enter. But cular places as such party shall judge proper she shall be permitted to go to any port or place to be excepted.

she may think proper ; nor shall any vessel Art. 17. It is agreed, that in all cases where or goods of either party, that may have envessels shall be captured or detained, on just tered into such port or place before the same suspicion of having on board enemy's pro. was besieged, blockaded, or invested by the perty, or of carrying to the enemy any of the other, and be found therein after the reduction articles which are contraband of war, the said or surrender of such place, he liable to confisvessel shall be brought to the nearest or most cation, but shall be restored to the owners or convenient port; and if any property of an proprietors thereof. enemy should be found on board such vessel, ART. 19. And that more abundant care be that part only which belongs to the enemy taken for the security of the respective subjects shall be made prize, and the vessel shall be and citizens of the contracting parties, and to at liberty to proceed with the remainder with prevent their suffering injuries by the men of out any impediment. And it is agreed, that war or privateers of either party, all comall proper measures shall be taken to prevent manders of ships of war and privateers, and delay, in deciding the cases of ships or car- all others the said subjects and citizens, shall goes so brought in for adjudication; and in forbear doing any damage to those of the the payment or recovery of any indemnifica- other party, or committing any outrage tion adjudged or agreed to be paid to the mas- against them; and if they act to the contrary ders or owners of such ships.

they shall be punished, and shall also be Art. 18. In order to regulate what is in fu- bound in their persons and estates to make ture to be esteemed contraband of war, it is satisfaction and reparation for all damages, agreed, thatunder the said denomination shall and the interest thereof, of whatever nature be comprised all arms and implements serv- the said damages may be. For this cause all ing for the purposes of war, by land or by sea, commanders of privateers, before they receive such as cannon, muskets, mortars, petards, their commissions, shall hereafter be obliged bombs, granadoes, carcasses, saucisses, cars to give, before a competent judge, sufficient riages for cannon, musket rests, bandoliers, security by at least two responsible sureties, gunpowder, match, saltpetre, ball, pikes, who have no interest in the said privateer, swords, head-picces, cuirasses, halberts, lances, each of whom, together with the said com

« PrejšnjaNaprej »