take the following oath or affirmation, in the prefence of each other, which oath or affirmation being so taken, and duly attested, shall be entered on the record of their proceedings, viz. I, A. B. one of the Commiffioners appointed in pursuance of the 6th Article of the Treaty of Amity, Commerce, and Navigation, between His Britannic Majesty and the United States of America, do folemnly swear or affirm, that I will honestly, diligently, impartially, and carefully examine, and to the best of my judgment, according to justice and equity, decide all fuch complaints, as under the faid article shall be preferred to the faid Commissioners; and that I will forbear to act as a Commissioner in any cafe in which I may be personally interested.

Three of the said Commissioners shall constitute a board, and shall have power to do any act appertaining to the faid Commission, provided that one of the Commiffioners named on each fide, and the fifth Commiffioner shall be present, and all decisions shall be made by the majority of the voices of the Commissioners then present; eighteen months from the day on which the said Commiffioners shall form a board, and be ready to proceed to business, are affigned for receiving complaints and applications; but they are nevertheless authorized in any particular cafes, in which it shall appear to them to be reasonable and just, to extend the faid term of eighteen months for any term not exceeding fix months, after the expiration thereof. The said Commiffioners shall first meet at Philadelphia, but they shall have power to adjourn from place to place as they shall see cause.

The said Commissioners, in examining the complaints and applications so preferred to them, are empowered and required, in pursuance of the true intent and meaning of this Article, to take into their confideration all claims, whether of principal or intereft, or balances of principal and interest, and to determine the same respectively, according to the merits of the several cases, due regard being had to all the circumstances thereof, and as equity and justice shall appear to them to require. And the faid Commiffioners shall have power to examine all such perfons as shall come before them on oath or affirmation, touching the premises: and also to receive in evidence, according as they may think most consistent with equity and

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and juftice, all written depositions, 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 respectively existing in the two countries, or in fuch other manner as the faid Commissioners shall fee cause to require or allow.

The award of the faid Commissioners, or of any three of them as aforesaid, shall in all cafes be final and conclusive, both as to the justice of the claim, and to the amount of the sum to be paid to the creditor or claimant : and the United States undertake to cause the sum so awarded to be paid in specie to fuch creditor or claimant without deduction; and at fuch time or times, and at fuch place or places, as thall be awarded by the faid Commiffioners; and on condition of fuch releases or affignments to be given by the creditor or claimant, as by the faid Commiffioners may be directed: Provided always, that no such payment shall be fixed by the faid Commiffioners to take place fooner than twelve months, from the day of the exchange of the ratifications of this Treaty.

Art. VII. Whereas complaints have been made by divers merchants and others, Citizens of the United States, that during the course of the war in which His Majesty is now engaged, they have sustained confiderable lotles and damage, by reafon of irregular or illegal captures or condemnations of their vessels and other property, under colour of authority or commiffions from His Majesty, and that from various circumstances belonging to the faid cafes, adequate compenfation for the loffes and damages so sustained cannot now be actually obtained, had, and received by the ordinary course of judicial proceedings; it is agreed, that in all fuch cafes where adequate compenfation cannot, for whatever reason, be now actually obtained, had, and received by faid merchants and others in the ordinary course of justice, full and complete compenfation for the fame will be made by the British Government to the faid complainants. But it is distinctly understood that this provifion is not to extend to such loffes or damages as have been occafioned by the manifest delay or negligence, or wilful omiffion of the claimants.

That

That for the purpose of afcertaining the amount of any fuch loffes and damages, five Commiffioners, shall be appointed and authorized to act in London, exactly in the manner directed, with respect to those mentioned in the preceding article, and after having taken the fame oath or affirmation (mutatis mutandis) the same term of eighteen months is also assigned for the reception of claims, and they are in like manner authorized to extend the fame in particular cases. They shall receive testimony, books, papers, and evidence in the same latitude, and exercise the like difcretion and powers respecting that fubject; and shall decide the claims in question according to the merits of the several cafes, and to justice, equity, and the laws of nations. The award of the Commiffioners, or any fuch three of them as aforesaid, shall, in all cafes, be final and conclufive, both as to the justice of the claim, and the amount of the fum to be paid to the claimant; and His Britannic Majesty undertakes to cause the fame to be paid to fuch claimant in specie, without any deduction, at such place or places, and at fuch time or times as shall be awarded by the fame Commiffioners, and on condition of such releases or affignments to be given by the claimants, as by the faid Commiffioners may be directed.

And whereas certain merchants and others, His Majesty's fubjects, complain, that in the course of the war, they have fustained loss and damage by reason of the capture of vessels and merchandize taken within the limits and jurifdiction of the States, and brought into the ports of the fame, or taken by vessels originally armed in ports of the said States,

It is agreed, that in all such cases where restitution shall not have been made agreeably to the tenor of the letter from Mr. Jefferson to Mr. Hammond, dated at Philadelphia, Sept. 5, 1793, a copy of which is annexed to this Treaty; the complaints of the parties shall be, and hereby are referred to the Commiffioners to be appointed by virtue of this Article, who are hereby authorized and required to proceed in the like manner relative to these as to the other cafes committed to them; and the United States undertake to pay to the complainants or claimants in specie, without deduction, the amount of such sums as shall be awarded to them respectively by the said Commissioners, and at the

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the times and places which in such awards shall be specified; and on condition of such releases or assignments to be given by the claimants as in the said awards may be directed. And it is further agreed, that not only the now existing cafes of both descriptions, but alfo all such as shall exist at the time of exchanging the ratifications of this Treaty, shall be confidered within the provifions, intent, and meaning of this Article.

Art. VIII. It is further agreed, that the Commiffioners mentioned in the two preceding Articles shall te respectively paid in such a manner as shall be agreed between the two parties; such agreement being to be fettled at the time of the exchange of the ratifications of this Treaty. And all other expenfes attending the said commissions shall be defrayed jointly by the two parties, the fame being previoufly afcertained and allowed by the majority of the Commiffioners. And in the case of death, sickness, or necessary abfence, the place of every fuch Commiffioner respectively shall be supplied in the fame manner as fuch Commissioner was appointed, and the - new Commissioner shall take the fame oath or affirmation, and do the fame duties.

Art. IX. It is agreed, that British subjects, who now hold lands in the territories of the United States, and American Citizens, who now hold lands in the dominions of His Majesty, shall continue to hold them according to the nature and tenure of their refpective States and Titles therein; and may grant, fell, ог devise the fame, to whom they please, in like manner as if they were natives; and that neither they, nor their heirs or affigns, shall so far as may respect the said lands, and the legal remedies incident thereto, be regarded as Aliens.

Art. X. Neither the debts due from individuals of the one Nation to individuals of the other, nor shares, nor monies, which they may have in the public funds, or in the public or private banks, shall ever, in any event of war or national differences, be sequestered or confiscated, it being unjust and impolitic, that debts and engagements contracted, and made by individuals having confidence in each other, and in their respective tive Governments, should ever be destroyed or impaired by National Authority, on account of National Differences and Discontents.

Art. XI. It is agreed between His Majesty and the United States of America, that there shall be a reciprocal and entirely perfect liberty of navigation and commerce between their respective people, in the manner, under the limitations, and on the conditions, specified in the following Articles.

Art. XII. His Majesty consents, that it shall and may be lawful, during the time hereinafter limited, for the Citizens of the United States to carry to any of His Majesty's iflands and ports in the West Indies from the United States, in their own vessels, not being above the burthen of 70 tons, any goods or merchandizes, being of the growth, manufacture, or produce of the faid States, which it is or may be lawful to carry to the faid Islands or Ports from the faid States in British vesfels; and that the faid American vessels shall be subject there to no other or higher tonnage duties or charges than shall be payable by British vessels in the ports of the United States; and that the cargoes of the faid American vessels shall be subject there to no other or higher duties or charges than shall be payable on the like articles, if imported there from the faid States in British vessels.

And His Majesty also consents that it shall be lawful for the faid American Citizens to purchase, load, and carry away in their faid vessels, to the United States, from the faid Islands and Ports, all fuch articles, being of the growth, manufacture, or produce of the faid Islands, as may now by law be carried from thence to the faid States in British vessels, and subject only to the fame duties and charges on exportation to which British veffels and their cargoes are or shall be subject in fimilar circumstances.

Provided always, that the faid American vessels do carry and land their 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 restrain the carrying any molasses, sugar,