it may not be unfeasonable to announce, that my policy in our foreign tranfactions has been, to cultivate peace with all the world; to obferve treaties with true and abfolute faith; to check every deviation from the line of impartiality; to explain what may have been mifapprehended; and correct what may be injurious to any nation; and having thus acquired the right, to lofe no time in acquiring the ability, to infift upon juftice being done to ourselves.

Let us unite, therefore, in imploring the Supreme Ruler of Nations to fpread his holy protection over thefe United States, to turn the machinations of the wicked to the confirming of our conftitution, to enable us at all times to root out internal fedition, and pút invafion to flight; to perpetuate to our country that profperity, which his goodness has already conferred, and to verify the anticipations of this government being a fafeguard to human rights.

fafe

G. WASHINGTON.

Treaty of Amity, Commerce, and Na vigation, between his Britannic Majefy and the United States of America, by their Prefident, with the Advice and Confent of their Senate, Nov. 19, 1794.

His Britannic majefty and the United States of America being defirous by a treaty of amity, commerce, and navigation, to terminate their differences in fuch a manher, as, without reference to the merits of their respective complaints and pretenfions, may be the best calculated to produce mutual fatisfaction and good underftanding; and alfo to regulate the

commerce and navigation betweef! their respective countries, territo= ries, and people, in fuch a manner as to render the fame reciprocal, beneficial, and fatisfactory; they 'have refpeftively named their ple nipotentiaries, and given them full powers to treat of, and conclude the faid treaty; that is to fay, his Britannic majefty has named for his plenipotentiary, the right hon. William Wyndham, baron Grenville of Wotton, one of his majesty's privy council, and his majesty's principal fecretary of ftate for foreign affairs; and the prefident of the United States, by and with the advice and confent of the fenate thereof, hath appointed for their plenipotentiary, the hon. John Jay, chief juffice of the faid United States, and their envoy extraordinary to his majesty, who have agreed on, and concluded the following articles :

Art. 1. There fliall be a firm, inviolable, and univerfal peace, and a true and fincere friendship, between his Britannic majesty, his heirs and fucceffors, and the United States of America; and between their refpective countries, territories, cities, towns, and people of every degree, without exception of perfons or places.

2. His majefty will withdraw all his troops and garrifons from all pofts and places within the boundary lines affigned by the treatv bf 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 majesty's governor-general in America, for fettling the previous arrangements which may be neceffary respecting the delivery of the faid pofts: the

pofe of commerce, be carried into the fame, in the manner aforefaid, by his majesty's fubjects; and fuch goods and merchandize fhall be fubject to no higher or other duties than would be payable by the citi zens 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 aforesaid.

No duty or entry shall 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 bond fide to Indians.

No higher or other tolls or rates of ferriage than what are or shall be payable by natives, shall 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 carryingplaces on either fide, for the purpofe of being immediately re-imbarked 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 ufual and direct roads across the portage, and are not attempted to be in any manner fold or exchanged, during their paffage across the fame; and proper regulations may be establish

4. 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 majesty and the United States, it is agreed, that measures thall be taken, in concert, by 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 fall 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 negotiation, to regulate the boundary line in that quarter, as well as all other points to be adjufted between the faid parties, according to justice and mutual convenience, and in conformity to the intent of the said treaty.

5. Whereas doubts have arifen what river was truly intended under the name of the river St. Croix, mentioned in the faid treaty of peace, as forming a part of the

boundary

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 fenate thereof; and the faid 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 propofed, one fhail 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 hall have power to appoint a fecretary, and to employ fuch furveyors, or other perfons, as they thall 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 ri. ver, and fail particularize the lati tude and longitude of its mouth, and of its fource. Duplicates of this declaration, and of the ftatements 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 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 between them.

6. Whereas it is alleged by divers British merchants and others his majefty's fubjects, that debts to a confiderable amount, which were, bond 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 been, in feveral 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 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 courfe of juftice, 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 loifes or damages as have been occafioned by the manifeft delay or negligence, or wilful omiflion of the claimant. (L2)

For

For the purpose of afcertaining the amount of any fuch loffes and damages, five commiffioners fhall be appointed and authorised 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 fenate thereof, and the fifth by the unanimous voice of the other four; and if they fhould not agree in fuch choice, then the commiflioners named by the two parties, fhall refpectively propofe 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 firft 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, fhall be entered on the record of their proceedings, viz. "I A. B. one of the commiffioners appointed in pursuance of the fixth 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 best of my judgment, according to juftice and equity, decide all fuch complaints, as under the faid article hall 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 commillion,

provided that one of the commiffioners named on each fide, and the fifth commiffioner fhall 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 hall form a board, and be ready to proceed to bufinefs, 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 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 fall 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, in purfuance of the true intent and meaning of this article, to take into their confideration all claims, whether of principal and 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 circumftances thereof, and as equity and juftice fhall feem 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 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

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