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take the following oath or affirmation, in the prefence of each other, which oath or affirmation being fo taken, and duly attested, fhall be entered on the record of their proceedings, viz. I, A. B. one of the Commiffioners appointed in purfuance of the 6th Article of the Treaty of Amity, Commerce, and Navigation, between His Britannic Majesty and the United States of America, do folemnly fwear or affirm, that I will honeftly, 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 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
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 fhall be present, 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 bufinefs, are affigned for receiving complaints and applications; but they are nevertheless authorized in any particular cafes, in which it fhall appear to them to be reafonable 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 firft 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 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 intereft, and to determine the fame refpectively, according to the merits of the several cafes, due regard being had to all the circumftances 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 premises: and also to receive in evidence, according as they may think moft 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 respectively existing in the two countries, or in fuch other manner as the faid Commiffioners fhall fee caufe to require or
The award of the faid Commiffioners, or of any three of them as aforefaid, fhall in all cafes be final and 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 undertake to caufe the fum fo awarded to be paid in fpecie 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 fuch payment fhall 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 courfe of the war in which His Majefty is now engaged, they have fuftained confiderable lotles and damage, by reafon of irregular or illegal captures or condemnations of their veffels and other property, under colour of authority or commiffions from His Majefty, and that from various circumftances belonging to the faid cafes, adequate compenfation for the loffes and damages fo fustained cannot now be actually obtained, had, and received by the ordinary courfe 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 courfe of justice, full and complete compenfation for the fame will be made by the British Government to the faid complainants. But it is diftinctly understood that this provifion is not to extend to fuch loffes or damages as have been occafioned by the manifeft delay or negligence, or wilful omiffion of the
That for the purpose of afcertaining the amount of any fuch loffes and damages, five Commiffioners, fhall be appointed and authorized to act in London, exactly in the manner directed, with refpect to thofe mentioned in the preceding article, and after having taken the fame oath or affirmation (mutatis mutandis) the fame term of eighteen months is alfo affigned for the reception of claims, and they are in like manner authorized to extend the fame in particular cafes. They fhall receive testimony, books, papers, and evidence in the fame latitude, and exercife the like difcretion and powers refpecting that fubject; and fhall decide the claims in question according to the merits of the feveral cafes, and to justice, equity, and the laws of nations. The award of the Commiffioners, or any fuch three of them as aforefaid, fhall, 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 Majefty undertakes to caufe the fame to be paid to fuch claimant in fpecie, without any deduction, at fuch place or places, and at fuch time or times as fhall 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 fuftained lofs and damage by reafon of the capture of veffels and merchandize taken within the limits and jurifdiction of the States, and brought into the ports of the fame, or taken by veffels originally armed in ports of the faid States,
It is agreed, that in all fuch cafes where reftitution fhall not have been made agreeably to the tenor of the letter from Mr. Jefferfon to Mr. Hammond, dated at Philadelphia, Sept. 5, 1793, a copy of which is annexed to this Treaty; the complaints of the parties fhall 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 thefe as to the other cafes committed to them; and the United States undertake to pay to the complainants or claimants in fpecie, without deduction, the amount of fuch fums as fhall be awarded to them refpectively by the faid Commiffioners, and at B 2 the
the times and places which in fuch awards fhall be fpecified; and on condition of fuch releases or affignments to be given by the claimants as in the faid awards may be directed. And it is further agreed, that not only the now existing cafes of both defcriptions, but alfo all fuch as fhall exift at the time of exchanging the ratifications of this Treaty, fhall 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 fuch a manner as fhall be agreed between the two parties; fuch agreement being to be fettled at the time of the exchange of the ratifications of this Treaty. And all other expenfes attending the faid commiffions fhall be defrayed jointly by the two parties, the fame being previoufly afcertained and allowed by the majority of the Commiffioners. And in the cafe of death, fickness, or neceffary abfence, the place of every fuch Commiffioner refpectively fhall be fupplied in the fame manner as fuch Commiffioner was appointed, and the -new Commiffioner fhall 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 Majefty, fhall continue to hold them according to the nature and tenure of their refpective States and Titles therein; and may grant, fell, or devife the fame, to whom they please, in like manner as if they were natives; and that neither they, nor their heirs or affigns, fhall fo far as may refpect the faid 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 fhares, nor monies, which they may have in the public funds, or in the public or private banks, fhall ever, in any event of war or national differences, be fequestered or confifcated, 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, fhould ever be deftroyed or impaired by National Authority, on account of National Differences and Difcontents.
Art. XI. It is agreed between His Majefty and the United States of America, that there fhall be a reciprocal and entirely perfect liberty of navigation and commerce between their refpective people, in the manner, under the limitations, and on the conditions, fpecified in the following Articles.
Art. XII. His Majefty confents, that it fhall and may be lawful, during the time hereinafter limited, for the Citizens of the United States to carry to any of His Majefty's islands and ports in the Weft Indies from the United States, in their own veffels, 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 Iflands or Ports from the faid States in British velfels; and that the faid American veffels shall be subject there to no other or higher tonnage duties or charges than fhall be payable by British veffels in the ports of the United States; and that the cargoes of the faid American veffels fhall be fubject there to no other or higher duties or charges than fhall be payable on the like articles, if imported there from the faid States in British veffels.
And His Majefty alfo confents that it fhall be lawful for the faid American Citizens to purchase, load, and carry away in their faid veffels, to the United States, from the faid Iflands and Ports, all fuch articles, being of the growth, manufacture, or produce of the faid Ilands, as may now by law be carried from thence to the faid States in British veffels, and fubje&t only to the fame duties and charges on exportation to which British veffels and their cargoes are or fhall be fubject in fimilar circumstances.
Provided always, that the faid American veffels 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 pro hibit and restrain the carrying any molaffes, fugar,