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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.
Art. 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 shall in the interval be taken by concert between the government of the United States, and His Majefty's Governor-general in America, for fettling the previous arrangements which may be neceffary refpecting the delivery of the faid posts: 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. All 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 fhall also be free to them to fell their lands, houfes, 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 fhall 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 shall 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
Art. 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 America
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 and Commerce with each other. But it is underftood, that this Article does not extend to the admiffion of veffels of the United States into the Sea Ports, Harbours, Bays, or Creeks of His Majefty's faid Territories; nor into fuch parts of the Rivers in His Majesty's faid Territories as are between the mouth thereof, and the highest port of entry from the Sea, 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 Britifh veffels from the Sea into the Rivers of the United States, beyond the highest Ports of entry for foreign veffels from the Sea. The River Miffiffippi fhall, however, according to the Treaty of Peace, be entirely open to both parties; and it is farther agreed, that all the Ports and Places on its Eaftern Side, to which foever of the parties belonging, may freely be reforted to, and ufed 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 Majefty's faid Territories in America fhall not be entirely prohibited, may freely, for the purposes 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 subject 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 purpofe of Commerce, be carried into the fame, in the manner aforefaid, by His Majefty's fubjects; and fuch goods and merchandise 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 from the faid Territories refpectively, may, in like manner, be carried out of the fame by the two parties refpectively, paying duty as aforefaid.
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No duty of entry fhall ever be levied, by either party, on peltries brought by land or inland navigation into the faid Territories refpectively; nor fhall the Indians, paffing or repaffing with their own proper goods and effects, of whatever nature, pay for the fame any impoft 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 carried over any of the portages or carrying places on either fide, for the purpose 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 across the portages on both fides, it is agreed, that this exemption from duty fhall extend only to fuch goods as are carried in the usual and direct road across the portage, and are not attempted to be in any manner fold or exchanged during their pasfage acrofs the fame, and proper regulations may be established to prevent the poflibility 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 favourable to friendship and good neighbourhood, it is agreed, that the respective Governments will mutually promote this amicable intercourfe, by caufing fpeedy and impartial justice to be done, and neceffary protection to be extended to all who may be concerned therein.
Art. 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 Woo's in the manner mentioned in the Treaty of Peace between His Majefty and the United States, it is agreed, that measures fhall be taken in concert with His Majefty'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 also 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 abovementioned, 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 adjusted between the faid parties, according to juftice and mutual convenience, and in conformity to the intent of the said Treaty.
Art. 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 queftion fhall be referred to the final decifion of Commiffioners to be appointed in the following manner, viz.
One Commiffioner 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 said two Commiffioners 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 Commiffioners fo appointed, fhall be fworn impartially to examine and decide the faid queftion according to fuch evidence as fhall refpectively be laid before them on 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 Secretary, and to employ fuch Surveyors 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 description of the said river, and fhall 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, shall be delivered by them to the Agent of his Majesty, and to the Agent of the United States, who may be refpectively appointed and authorized to manage the business on behalf of the refpective governments. And both parties agree to confider fuch decifion as final and conclufive, fo as that the fame fhall never thereafter be called into
question, or made the fubject of difpute or difference be tween them.
Art. VI. Whereas it is alledged by divers British merchants and others, His Majefty's Subjects, that debts to a confiderable amount, which were bona fide contracted before the Peace, ftill 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 several inftances, impaired and leffened, fo that by the ordinary courfe 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 such cases 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 courfe of juftice, the United States will make full and complete compenfation for the fame to the faid creditors: but it is dif tinctly understood, that this provifion is to extend to fuch Joffes only as have been occafioned by the lawful impediments aforesaid, 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 purpofe of afcertaining the amount of any fuch loffes and damages, five Commiffioners fhall be appointed, and authorized to meet and act in manner following, viz. Two of them shall 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 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 shall be drawn by lot in the presence of the four original Commiffioners.
When the five Commiffioners thus appointed fhall first meet, they hall, before they proceed to act refpectively,