Slike strani
PDF
ePub

That for the purpose of ascertaining the amount of any such losses and damages, five Commiflioners 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 same oath or affirmation (mutatis mutandis) the same term of eighteen months is also asligned for the reception of claims, and they are in like manner authorized to extend the same in particular cases. They shall receive testimony, books, papers, and evidence in the same latitude, and exercise the like discretion and powers respecting that subject ; and thall decide the claims in question according to the merits of the several cases, and to justice, equity, and the laws of nations. The award of the Commissioners, cr any such three of them as aforesaid, shall, in all cases, be final and conclusive, both as to the justice of the claim, and the amount of the sum to be paid to the claimant ; and His Britannic Majesty undertakes to cause the same to be paid to such claimant in fpecie, without any deduction, at such place or places, and at such time or times as shall be awarded by the same Commissioners, and on condition of such releases or afligne ments to be given by the claimants, as by the said Commillioners may be directed.

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

It is agreed, that in all such cases where restitution fhall 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 cases committed to them ; and the United States undertake to pay 10 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

B 2

the times and places which in such awards shall be fpecified ; 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 cases of both descriptions, but alfo all such as shall exist at the time of exchanging the ratifications of this Treaty, shall be considered within the provisions, 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 hall 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 previously ascertained and allowed by the majority of the Commissioners. And in the case of death, sickness, or necessary abfence, the place of every such Commissioner respectively shall be fupplied in the same manner as such Commissioner was appointed, and the new Commissioner shall take the same oath or affirmation, and do the same duties,

manner

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 respective States and Titles therein ; and may grant, fell, or devise the same, to whom they please, in like

as if they were natives ; and that neither they, nor their heirs or affigns, shall so far as may refpect 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 respec

tive cof.

[ocr errors]

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.

to any

1

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

of His Majesty's islands 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 Laid Ifiands or Ports from the said States in British velfels; and that the said 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 said American vessels shall be sulijcct there to no other or higher duties or charges than shall be payable on the like articles, if imported there from the said 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 said Iflands and Ports, all such articles, being of the growth, manufacture, or produce of the said Ilands, as may now by law be carried from thence to the said 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 circuintances.

Provided always, that the faid American vefsels do carry and land their cargoes in the United States only, it being expreisly agreed and declared, that during the continuance of this article, the United States will probibit and reftrain the carrying any molasses, sugar, coffee, cocoa, or cotton, in American veffels, either from His Majesty's Ilands or from the United States, to any part of the world, except the United States, reasonable sea stores excepted.

Provided also, that it shall and may be lawful, during the same period, for British vessels to import from the said Ifands into the United States, and to export from the United States to the faid Islands, all articles whatever, being of the growth, produce, or inanufacture, of the said Iflands, or of the United States respectively, which now may, by the laws of the said States, be so imported and exported. And that the cargoes of the said British vefsels shall be subject to no other or higher duties or charges, than shall be payable on the fame articles, if so imported or exported in American veffels.

It is agreed that this article and every matter and thing therein contained, shall continue to be in force during the continuance of the war in which His Majesty is now engaged; and also for two years, from and after the day of the signature of the preliminary ox other articles of Peace by which the fame may be terminated.

And it is further agreed, that at the expiration of the said term, the two contracting parties will endeavour further to regulate their commerce in this respect, according to the situation in which His Majesty may then find himself with respect to the Weit Indies, and with a view to such arrangements, as may best conduce to the mutual advantage and extension of Coin

merce.

And the faid parties will then also renew their difcuffions, and endeavour to agree, whether in any or what cafes neutral veflels fhall protect enemy's property: and in what cases, provisions and other articles, not

generally contraband, may become such. But in the i mean time, their conduct towards each other in these respects shall be regulated by the articles herein-after inserted on those subjects.

Art. XIII. His Majesty consents that the vessels belonging to the Citizens of the United States of America shall be admitted and hospitably received in all the

sea

2

no

sea ports and harbours of the British Territories in the East Indies. And that the Citizens of the said United States may freely carry on a trade between the said Territories and the said 'United States, in all articles of which the importation or exportation respectively to or froin the said Territories shall not be entirely prohibited.-Provided only, that it shall not be lawful for them, in

any

time of war between the British Govern. ment and any other Power or Scate whatever, to export from the faid Territories, without the special permission of the British Government there, any Military Stores or Naval Stores, or Rice. The Citizens of, the United States shall pay for their vefsels, when admitted into the said ports, no other or higher tonnage duty than shall be payable on British vessels when admitted into the

ports of the United States. And they thall pay other or higher duties or charges on the Importation or Exportation of the cargoes of the said vefsels, than shall be payable on the same articles when imported or exported in British vessels. but it is expressly agreed, that the vessels of the United States shall not carry any of the articles exported by them from the faid British Territories to any port or place except to some port or place in America, where the same shall be unladen, and such regulations thall be adopted by both parties, as shall from time to time be found necessary to enforce the due and faithful observance of this ftipulation.

It is also understood, that the permission granted by this article is not to extend to allow the veifels of the United States to carry on any part of the coafting trade of the said British Territories; but vefsels going with their original cargoes, or part thereof, from one port of discharge to another, are not to be contidered as carrying on the coasting trade. Neither is this article to be conitrued to allow the Citizens of the faid States to settle or reside within the said Territories, or to go into the interior parts thereof, without the per- i mission of the British Government established there"; and if any tranfgreffion should be attempted against the regulations of the British Government in this respect, the observance of the faine shall and may be enforced against the Citizens of America, in the fame inanner as against British subjects, or others trans

gressing

[ocr errors]
« PrejšnjaNaprej »