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 shall have power to appoint a secretary, and to employ fuch furveyors 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 shall contain a description of the said river, and shall 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, 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 queftion, or made the subject of dispute or difference between them.

VI. Whereas it is alledged by divers British merchants and others, his Majesty's subjects, that debts to a confiderable amount, which were bona 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 have 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 compensation for the loffes and damages which they have thereby sustained: it is agreed, that in all fuch cafes where full compenfation for fuch loffes and damages cannot, for whatever reafon, be actually obtained, had, and received by the faid creditors in the ordinary course of justice, 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 causes as would equally have operated to produce fuch lofs, if the said 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 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 Majesty, two of them by the President 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

-and if they should not agree in fuch choice, then the commi fioners 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 first meet, they fhall, before they proceed to act, refpectively take the following oath or affirmation, in the presence 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 Majelly 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 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 interested.

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 prefent, and all decifions shall 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 business, are affigned for receiving complaints and applications; but they are nevertheless authorised in any particular cafes, in which it shall appear to them to be reasonable 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 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 and required, in purfuance 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 feveral cafes, due regard being had to all the circumstances thereof, and as equity and justice 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 premifes; 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 now refpectively exifting

in the two countries, or in fuch other manner as the faid commiffioners fhall fee cause to require or allow.

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 cause 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 such releases or affignments to be given by the creditor or claimant, as by the faid commiffioners may be directed: provided always that no fuch payments 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.

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 Majefty is now engaged, they have fustained confiderable loffes 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 circumstances belonging to the faid cafes, adequate compenfation for the loffes and damages fo fuftained cannot now be actually obtained, had, and received by the ordinary courfe of judicial proceedings; it is agreed in all fuch cafes where adequate compenfation cannot, for whatever reafon, be now actually obtained, had, and received by faid merchants or others in the ordinary courfe of juftice, full and complete compenfation for the fame will be made by the British Government to the said 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 claimants.

That for the purpofe of afcertaining the amount of any fuch loffes or damages, five commiffioners thall be appointed and authorised 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 also affigned for the reception of claims, and they are in like manner authorifed to extend the fame in particular cafes. They fhall receive teftimony, 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 juftice, equity, and the laws of nations. The award of the commiffioners, or any fuch three of them as aforefaid, shall in all cafes be final and conclufive, both as to the juftice 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

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 fuch 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 sustained lofs and damage by reafon of the capture of the veffels 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 faid States,

It is agreed, that in all fuch cafes where reftitution shall 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 these 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 shall be awarded to them refpectively by the faid commiffioners, and at the times and places which in fuch awards fhall be specified; 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 new exifting cafes of both descriptions, but also all fuch as fhall exift at the time of exchanging the ratifications of this treaty, fhall be confidered within the provisions, intent, and meaning of this article.

VIII. It is further agreed, that the commiffioners mentioned in the two preceding articles fhall be refpectively 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 expences attending the faid commiffioners fhall be defrayed jointly by the two parties, the fame being previously 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 respectively fhall be supplied in the fame manner as fuch commiffioner was appointed, and the new commiffioners fhall take the fame oath or affirmation, and do the fame duties.

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, 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 manner as if they were natives; and

that

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.

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, shall ever in any event of war or national differences, be fequeftered or confiscated, it being unjust and impolitic, that debts and engagements contracted, and made by individuals, having confidence in each other, and in their refpective governments, thould ever be destroyed or impaired by national authority, on account of national differences and discontents.

XI. It is agreed between his Majesty and the United States of America, that there fhall 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 fpecified in the following articles.

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 West Indies from the United States, in their own veffels, not being above the burthen of feventy 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 veffels; 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 also consents that it shall 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 islands, as may now by law be carried from thence to the faid States in British veffels, and fubject 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 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 molaffes, fugar, coffee, cocoa, or cotton, in American veffels, either from his Majesty's islands or from the United States, to any part of the world, except the United States, reasonable fea ftores excepted. VOL. III.-PART ii.

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