tentiary the Right Hon. Wm. Windham, Baron Grenville of Wotton, one of his Majesty's Privy Council, and his Majefty's Principal Secretary of State for foreign affairs: and the Prefident of the faid United States, by and with the advice and confent of the Senate thereof, hath appointed for their plenipotentiary the Hon. John Jay, Chief Juftice of the faid United States, and their Envoy Extraordinary to his Majefty, who have agreed on, and concluded the following

ARTICLES:

Art. I. There fhall be a firm, inviolable, and univerfal peace, and a true and fincere friendship between his Britannic Majefty, his heirs and fucceffors, and the United States of America; and between their respective countries, territories, cities, towns, and people of every degree, without exception of perfons or places.

II. His Majefty will withdraw all his troops and garrifons from all pofts and places within the boundary lines affigned by the treaty of peace to the United States. This evacuation fhall take place on or before the first day of June, 1796, and all the proper measures fhall, in the interval, be taken by concert between the government of the United States and his Majesty's Governor-general in America, for fettling the previous arrangements which may be neceffary refpecting the delivery of the faid pofts: the United States, in the mean time, at their difcretion, extending their fettlements to any part within the faid boundary line, except within the precincts or jurifdiction of any of the faid pofts. An fettlers and traders within the precincts or jurifdiction of the faid pofts fhall continue to enjoy, unmolefted, all their property of every kind, and fhall be protected therein. They fhall 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 fell their lands, houses, or effects, or to retain the property thereof, at their difcretion: fuch of them as fhall continue to refide within the faid boundary lines fhall 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 fo to do if they think proper, and they fhall make and declare their election within one year after the evacuation aforefaid. And all perfons who fhall continue there after the expiration of the faid year without having declared their intention of remaining fubjects of his Britannic Majefty, shall be confidered as having elected to become citizens of the United States.

III. It is agreed, that it fhall at all times be free to his Majefty's fubjects, and to the citizens of the United States, and alfo to the Indians dwelling on either fide of the faid boundary line, freely to pafs and repafs, by land or inland navigation, into the refpective territories and countries of the two parties on the continent

of

of America (the country within the limits of the Hudfon's Bay Company only excepted), and to navigate all the lakes, rivers, and waters thereof, and freely to carry on trade or commerce with each other. But it is understood that this article does not extend to the admiffion of veffels of the United States into the fea-ports, harbours, bays, or creeks, of his Majesty's faid tèrritories; nor into fuch parts of the rivers in his Majefty's faid territories as are between the mouth thereof and the higheft port entry from the fea, except in small veffels trading bona fide between Montreal and Quebec, under fuch regulations as fhall be established to prevent the poffibility of any frauds in this refpect; nor to the admiffion of British vellels from the fea into the rivers of the United States; beyond the highest ports of entry for foreign veffels from the fea. The river Miffiffippi fhall, 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 eaftern fide, to which foever of the parties belonging, may freely be reforted 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 Majefty in Great Britain.

All goods and merchandise, whofe importation into his Majesty's faid territories in America fhall not be entirely prohibited, may freely, for the purpose of commerce, be carried into the fame, in the manner aforefaid, by the citizens of the United States, and fuch goods and merchandise fhall be fubject to no higher or other duties than would be payable by his Majefty's fubjects on the importation of the fame from Europe into the faid territories. And in like manner all goods and merchandise, whofe importation into the United States fhall not be wholly prohibited, may freely, for the purpose of commerce, be carried into the fame, in the manner aforefaid, by his Majefty's fubjects; and fuch goods or merchandife fhall be fubject to no higher or other duties than would be payable by the citizens of the United States on the importation of the fame, in American veffels, into the Atlantic ports of the faid States. And all goods not prohibited to be exported into the faid territories respectively, may in like manner be carried out of the fame by the two parties refpectively, paying duty as aforesaid.

No duty of entry fhall ever be levied by either party, on peltries brought by land or inland navigation into the faid territories respectively; nor fhall the Indians, paffing or re-paffing with their own proper goods and effects, of whatever nature, pay for the fame any inpoft or duty whatever. But goods in bales, or other large packages unufual among Indians, fhall not be confidered as goods belonging bona fide to Indians.

No higher or other tolls or rates of ferriage than what are or fhall be payable by natives, fhall be demanded on either fide; and no duties fhall be payable on any goods which fhall merely be car

13 2

ried

ried over any of the portages or carrying places on either fide, for the purpofe of being immediately re-embarked and carried to fome other place or places. But as by this ftipulation it is only meant to fecure to each party a free paffage acrofs the portages on both fides, it is agreed, that this exemption from duty fhall extend only to fuch goods as are carried in the ufual and direct road across the portage, and are not attempted to be in any manner fold or exchanged during their paffage acrofs the fame, and proper regula tions may be eftablished to prevent the poffibility of any frauds in this refpect.

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 difpofition favorable to friendship and good neighbourhood, it is agreed, that the refpe&ive governments will mutually promote this amicable intercourfe, by caufing Speedy and impartial justice to be done, and neceffary protection to be extended to all who may be concerned therein.

IV. Whereas it is uncertain whether the river Miffiffippi extends fo far to the northward as to be interfected by a line to be drawn due weft from the lake of the woods in the manner mentioned in the treaty of peace between his Majefty and the United States, it is agreed, that measures fhall be taken to concert with his Majefiy's government 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 faid river, and alfo of the parts adjacent thereto; and that if on the refult of fuch furvey, it fhould appear that the faid river would not be interfected by fuch a line as is above-mentioned, the two parties will thereupon proceed by amicable negociation to regulate the boundary line in that quarter, as well as all other points to be adjufted between the faid parties, according to jufiice and mutual convenience, and in conformity to the intent of the faid treaty.

V. Whereas doubts have arifen what river was truly intended. under the name of the river St. Croix, mentioned in the faid treaty of peace, and forming a part of the boundary therein defcribed, that question fhall be referred to the final decifion of the commiffioners to be appointed in the following manner, viz.

One commiflioner fhall be named by his Majefty, and one by the Prefident of the United States, by and with the advice and confent of the Senate thereof, and the faid two commiflioners fhall agree on the choice of a third; or if they cannot fo agree, they fhall each propofe one perfon, and of the two names fo propofed, one fhall be drawn by lot in the prefence of the two original commiffioners. And the three commiflioners fo appointed, fhall be fworn impartially to examine and decide the fad queftion according to fuch evidence as fhall refpectively be laid before them on

the

the part of the British Government and of the United States. The faid commiffioners fhall 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 fecretary, and to employ fuch furyeyors or other perfons as they fhall judge neceffary. The faid commiffioners fhall, by a declaration under their hands and feals, decide what river is the river St. Croix intended by the treaty. The faid declaration fhall contain a defcription of the faid river, and shall particularize the latitude and longitude of its mouth, and of its fource. Duplicates of this declaration, and of the statements of their accounts, and of the journal of their proceedings, fhall be delivered by them to the agent of his Majefty, and to the agent of the United States, who may be refpectively appointed and authorifed to manage the bufinefs on behalf of the refpective governments. And both parties agree to confider fuch decision as final and conclufive, fo as that the same shall never thereafter be called into queftion, or made the fubject of difpute or difference between

them.

VI. Whereas it is alledged by divers British merchants and others, his Majefty's fubjects, that debts to a confiderable amount, which 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 fince the peace, not only the full recovery of the faid debts has been delayed, but alfo the value and fecurity thereof have been in feveral inftances impaired and leffened, fo that by the ordinary coufe of judicial proceedings, the British creditors cannot now obtain, and actually have and receive full and adequate compenfation for the loffes and damages which they have thereby fuftained: it is agreed, that in all fuch cafes where full compenfation for fuch loffes and damages. cannot, for whatever reason, be actually obtained, had, and received by the faid creditors in the ordinary course of justice, the United States will make full and complete compenfation for the fame to the faid creditors: but it is diftinctly understood, that this provifion is to extend to fuch loffes only as have been occafioned by the lawful impediments aforefaid, and is not to extend to loffes occafioned by fuch infolvency of the debtors, or other caufes as would equally have operated to produce fuch lofs, if the faid impediments had not exifted, nor to fuch loffes or damages as have been occafioned by the manifeft delay or negligence, or wilful omiffion of the claimant.

For the purpose of afcertaining the amount of any fuch loffes and damages, five commiffioners fhall be appointed, and authorifed to meet and act in manner following, viz.-Two of them fhall be appointed by his Majefty, two of them by the Prefident of. the United States, by and with the advice and confent of the Senate thereof, and the fifth by the unanimous voice of the other four;

and

and if they fhould not agree in fuch choice, then the commiffioners named by the two parties, fhall refpectively propose one perfon, and of the two names fo propofed, one fhall be drawn by lot in the prefence of the four original commiffioners.

When the five commiffioners thus appointed fhall first meet, they fhall, before they proceed to act, refpectively take the following oath or affirmation, in the prefence of each other, which oath or affirmation being fo taken, and duly attested, shall be entered on the record of their proceedings, viz. I, A. B. one of the commiffioners appointed in pursuance of the 6th Article of the Treaty of Amity, Commerce, and Navigation, between his Britannic Majefty and the United States of America, do folemnly fwear or affirm, that I will honeftly, diligently, impartially, and carefully examine, and to the beft of my judgment, according to juftice and equity, decide all fuch complaints, as under the faid article fhall be preferred to the faid commiffioners; and that I will forbear to act as a commiffioner in any cafe in which I may be perfonally interested.

Three of the faid commiffioners fhall conftitute a board, and fhall have power to do any act appertaining to the faid commiffion, provided that one of the commiffioners named on each fide, and the fifth commiffioner shall be prefent, and all decifions fhall be made by the majority of the voices of the commiffioners then prefent; eighteen months from the day on which the faid commiffioners fhall form a board, and be ready to proceed to business, are affigned for receiving complaints and applications; but they are nevertheless authorised in any particular cafes, in which it fhall appear to them to be reasonable and juft, to extend the faid term of eighteen months for any term not exceeding fix months, after the expiration thereof. The faid commiffioners fhall first meet at Philadelphia, but they fhall have power to adjourn from place to place as they fhall fee caufe.

The faid commiffioners, in examining the complaints and applications fo preferred to them, are empowered and required, in pursuance of the true intent and meaning of this article, to take into their confideration all claims, whether of principal or intereft, or balances of principal and intereft, and to determine the fame refpectively, according to the merits of the feveral cafes, due regard being had to all the circumstances thereof, and as equity and juftice fhall appear to them to require. And the faid commiffioners fhall have power to examine all fuch perfons as fhall come before them on oath or affirmation, touching the premifes; and alfo to receive in evidence, according as they may think most confiftent with equity and juftice, all written depofitions, or books, or papers, or copies, or extracts thereof; every fuch depofition, book, or paper, or extract being duly authenticated, either according to the legal forms now refpectively exifting