sul ou vice-consul en aura été prévenu, et elles lui seront remises s'il le requiert, pour être reconduites sur les batiments où elles auront été arrêtés, ou autres de leur nation, et être renvoyeés hors du pais. ARTICLE XII. Tous différends et procès entre les sujets du Roi très Chrétien dans les Etats Unis, ou entre les citoyens des Etats Unis dans les Etats du Roi très Chrétien, et notamment toutes les discustions relatives aux salaires et conditions des engagements des equipages des batiments respectifs, et tous différends de quelque nature qu'ils soient, qui pourroient s'élever entre les hommes des dits equipages, ou entre quelques uns d'eux et leurs capitaines, ou entre les capitaines de divers batiments nationaux, seront terminés par les consuls et vice-consuls respectifs, soit par un renvoi par devant des arbitres, soit par un jugement sommaire, et sans frais. Aucun officier territorial, civil ou militaire ne pourra y intervenir, ou prendre une part quelconque à l'affaire, et les apels des dits jugements consulaires seront portés devant les tribunaux de France ou des Etats Unis qui doivent en connaître. ARTICLE XIII. L'utilité générale du commerce aïant fait établir dans les etats du Roi très Chrétien, des tribunaux et des formes particulières pour accélérer la décision des affaires de commerce, les négocians des Etats Unis jouiront du bénéfice de ces etablissements, et le Congrès des Etats Unis pourvoira de la manière la plus conforme à ses lois, à l'établissement des avantages équivalents en faveur des négociants Français pour la prompte expédition et décision des affaires de la même nature. ARTICLE XIV. Les sujets du Roi très Chrétien et les citoyens des Etats Unis, qui justifieront authentiquement être du corps de la nation respective, jouiront en conséquence de l'exemption de tout service personnel dans le lieu de leur établissement. ARTICLE XV. Si quelqu' autre nation acquiert, en vertu d'une convention quelconque, un traitement plus favorable relativement aux pré-éminences, pouvoirs, autorité et priviléges consulaires, les consuls et vice-consuls du Roi très Chrétien ou des Etats Unis, réciproquement, y participeront, aux termes stipulés par les articles deux, trois et quatre, du traité d'amitié et de commerce conclu entre le Roi très Chrétien et les Etats Unis. ARTICLE XVI. La présente convention aura son plein effet pendant l'espace de douze ans à compter du jour de l'échange des ratifications, lesquelles seront données en bonne forme et échangées de part et d'autre dans l'espace d'un an, ou plutôt si faire se peut. En foi de quoi, nous, Ministres Plénipotentiaires, avons signé la présente convention, et y avons fait apposer le cachet de nos armes. Fait à Versailles, le 14 Novembre, mil sept cent quatre-vingt-huit. L. C. DE MONTMORIN, (L. S.) Nov. 19, 1794. TREATY OF AMITY, COMMERCE AND NAVIGATION, Between His Britannic Majesty and the United States of America, by their President, with the Advice and Consent of their Senate. (a) His Britannic Majesty and the United States of America, being desirous, by a treaty of amity, commerce and navigation, to terminate their differences in such a manner, as, without reference to the merits of their respective complaints and pretensions, may be the best calculated to produce mutual satisfaction and good understanding; and also to regulate the commerce and navigation between their respective countries, territories and people, in such a manner as to render the same reciprocally beneficial and satisfactory; they have, respectively, named their plenipotentiaries, and given them full powers to treat of, and conclude the said treaty; that is to say: His Britannic Majesty has named for his Plenipotentiary, the Right Honorable William Wyndham Baron Grenville of Wotton, one of his Majesty's Privy Council, and his Majesty's Principal Secretary of State for Foreign Affairs; and the President of the said United States, by and with the advice and consent of the Senate thereof, hath appointed for their plenipotentiary, the honorable (a) For a list of the treaties and conventions between the United States and Great Britain, see ante, page 54. Additional note of the decisions of the courts of the United States, in cases arising under the Definitive Treaty of Peace with Great Britain of September 4, 1783. The treaty of peace between the United States and Great Britain, prevents the operation of the act of limitations of Virginia, upon British debts contracted before that treaty. Hopkirk v. Bell, 3 Cranch, 454; 1 Cond. Rep. 595. The treaty of peace of 1783, between the United States and Great Britain, was a mere recognition of pre-existing rights as to territory, and no territory was thereby acquired by way of cession from Great Britain. Harcourt et al. v. Gaillard, 12 Wheat. 523; 6 Cond. Rep. 628. The act of the legislature of Virginia, of 1799, entitled "An act concerning escheats and forfeitures from British subjects," and under which a debtor to a subject of Great Britain had, in conformity to the provisions of that law, during the war, paid into the loan office of the state a portion of the debt due by him, did not operate to protect the debtor from a suit for such debt, after the treaty of peace in 1783. The statute of Virginia, if it was valid, and the legislature could pass such a law, was annulled by the fourth article of the treaty; and under this article, suits for the recovery of debts so due, might be maintained, the provisions of the Virginia law to the contrary notwithstanding. Ware, Adm'r of Jones, Plaintiff in Error v. Hylton et al. 3 Dall. 199; 1 Cond. Rep. 99. Debts due in the United States to British subjects, before the war of the revolution, though sequestered or paid into the state treasuries, revived by the treaty of peace of 1783, and the creditors are entitled to recover them from the original debtors. State of Georgia v. Brailsford, 3 Dall. 1; 1 Cond. Rep. 8. G. C., born in the colony of New York, went to England in 1738, where he resided until his decease; and being seised of lands in New York, he, on the 30th of November, 1776, in England, devised the same to the defendant and E. C., as tenants in common, and died so seised on the 10th of December, 1776. The defendant and E. C. having entered, and becoming possessed, E. C., on the 3d December, 1791, bargained and sold to the defendant all his interest. The defendant and E. C. were both born in England, long before the revolution. On the 22d March, 1791, the legislature of New York passed' an act to enable the defendant to purchase lands, and to hold all other lands which be might then be enti tled to within the state, by purchase or descent, in fee simple; and to sell and dispose of the same, in the same manner as any natural born citizen might do. The treaty between the United States and Great Britain of 1794, contains the following provision: "Article 9th. 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 estates and titles therein; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives; and that neither they nor their heirs or assigns shall, so far as respects the said lands and the legal remedies incident thereto, be considered as aliens." The defendant, at the time of the action brought, still continued to be a British subject. Held, that he was entitled to hold the lands so devised to him by G. C., and transferred to him by E. C. New York v. Clarke, 3 Wheat. 1; 4 Cond. Rep. 188. John Jay, Chief Justice of the said United States, and their envoy extraordinary to his Majesty: who have agreed on and concluded the following articles. ARTICLE I. There shall be a firm, inviolable and universal peace, and a true and sincere friendship between his Britannic Majesty, his heirs and successors, and the United States of America; and between their respective countries, territories, cities, towns and people of every degree, without exception of persons or places. ARTICLE II. His Majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the treaty of peace to the United States. This evacuation shall take place on or before the first day of June, one thousand seven hundred and ninety-six, 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 settling the previous arrangements which may be necessary respecting the delivery of the said posts: The United States in the mean time at their discretion, extending their settlements to any part within the said boundary line, except within the precincts or jurisdiction of any of the said posts. All settlers and traders, within the precincts or jurisdiction of the said posts, shall continue to enjoy, unmolested, all their property of every kind, and shall be protected therein. They shall be at full liberty to remain there, or to remove with all or any part of their effects; and it shall also be free to them to sell their lands, houses, or effects, or to retain the property thereof, at their discretion; such of them as shall continue to reside within the said boundary lines, shall not be compelled to become citizens of the United States, or to take any oath of allegiance to the government thereof; but they shall be at full liberty so to do if they think proper, and they shall make and declare their election within one year after the evacuation aforesaid. And all persons who shall continue there after the expiration of the said year, without having declared their intention of remaining subjects of his Britannic Majesty, shall be considered as having elected to become citizens of the United States. ARTICLE III. It is agreed that it shall at all times be free to his Majesty's subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line, freely to pass and repass by land or inland navigation, into the respective territories and countries of the two parties, on the continent of America (the country within the limits of the Hudson'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 understood, that this article does not extend to the admission of vessels of the United States into the sea-ports, harbours, bays, or creeks of his Majesty's said territories; nor into such parts of the rivers in his Majesty's said territories as are between the mouth thereof, and the highest port of entry from the sea, except in small vessels trading bona fide between Montreal and Quebec, under such regulations as shall be established to prevent the possibility of any frauds in this respect. Nor to the admission of British vessels from the sea into the rivers of the United States, beyond the highest ports of entry for foreign vessels from the sea. The river Missisippi shall, however, according to the treaty of peace, be entirely open to both parties; and it is further agreed, that all the ports and places on its eastern side, to whichscever of the parties belonging, may freely be Survey of the Mississippi to be made. resorted to and used 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 Majesty in Great-Britain. All goods and merchandize whose importation into his Majesty's said territories in America, shall not be entirely prohibited, may freely, for the purposes of commerce, be carried into the same in the manner aforesaid, by the citizens of the United States, and such goods and merchandize shall be subject to no higher or other duties, than would be payable by his Majesty's subjects on the importation of the same from Europe into the said territories. And in like manner, all goods and merchandize whose importation into the United States shall not be wholly prohibited, may freely, for the purposes of commerce, be carried into the same, in the manner aforesaid, by his Majesty's subjects, and such goods and merchandize shall be subject to no higher or other duties, than would be payable by the citizens of the United States on the importation of the same in American vessels into the Atlantic ports of the said states. And all goods not prohibited to be exported from the said territories respectively, may in like manner be carried out of the same by the two parties respectively, paying duty as aforesaid. No duty of entry shall ever be levied by either party on peltries brought by land, or inland navigation into the said territories respectively, nor shall the Indians passing or repassing with their own proper goods and effects of whatever nature, pay for the same any impost or duty whatever. But goods in bales, or other large packages, unusual among Indians, shall not be considered as goods belonging bona 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 side; and no duties. shall be payable on any goods which shall merely be carried over any of the portages or carrying-places on either side, for the purpose of being immediately re-imbarked and carried to some other place or places. But as by this stipulation it is only meant to secure to each party a free passage across the portages on both sides: it is agreed, that this exemption from duty shall extend only to such goods as are carried in the usual and direct road across the portage, and are not attempted to be in any manner sold or exchanged during their passage across the same, and proper regulations may be established to prevent the possibility of any frauds in this respect. 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 disposition favorable to friendship and good neighbourhood, it is agreed, that the respective governments will mutually promote this amicable intercourse, by causing speedy and impartial justice to be done, and necessary protection to be extended to all who may be concerned therein. ARTICLE IV. Whereas it is uncertain whether the river Missisippi extends so far to the northward, as to be intersected by a line to be drawn due west 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 shall be taken in concert between his Majesty's government in America and the government of the United States, for making a joint survey of the said river from one degree of latitude below the falls of St. Anthony, to the principal source or sources of the said river, and also of the parts adjacent thereto; and that if on the result of such survey, it should appear that the said river, would not be intersected by such a line as is above mentioned, 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 said parties, according to justice and mutual convenience, and in conformity to the intent of the said treaty. ARTICLE V. Whereas doubts have arisen what river was truly intended under the name of the river St. Croix, mentioned in the said treaty of peace, and forming a part of the boundary therein described; that question shall be referred to the final decision of commissioners to be appointed in the following manner, viz. One commissioner shall be named by his Majesty, and one by the President of the United States, by and with the advice and consent of the Senate thereof, and the said two commissioners shall agree on the choice of a third; or if they cannot so agree, they shall each propose one person, and of the two names so proposed, one shall be drawn by lot in the presence of the two original commissioners. And the three commissioners so appointed, shall be sworn, impartially to examine and decide the said question, according to such evidence as shall respectively be laid before them on the part of the British government and of the United States. The said commissioners shall meet at Halifax, and shall have power to adjourn to such other place or places as they shall think fit. They shall have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge necessary. The said commissioners shall, by a declaration, under their hands and seals, decide what river is the river St. Croix, intended by the treaty. The said declaration shall contain a description of the said river, and shall particularize the latitude and longitude of its mouth and of its source. 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 respectively appointed and authorized to manage the business on behalf of the respective governments. And both parties agree to consider such decision as final and conclusive, so as that the same shall never thereafter be called into question, or made the subject of dispute or difference between them. ARTICLE VI. Whereas it is alledged by divers British merchants and others his Majesty's subjects, that debts, to a considerable 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 since the peace, not only the full recovery of the said debts has been delayed, but also the value and security thereof have been, in several instances, impaired and lessened, so that by the ordinary course of judicial proceedings, the British creditors cannot now obtain, and actually have and receive full and adequate compensation for the losses and damages which they have thereby sustained. It is agreed, that in all such cases, where full compensation for such losses and damages cannot, for whatever reason, be actually obtained, had and received by the said creditors in the ordinary course of justice, the United States will make full and complete compensation for the same to the said creditors: But it is distinctly understood, that this provision is to extend to such losses only as have been occasioned by the lawful impediments aforesaid, and is not to extend to losses occasioned by such insolvency of the debtors, or other causes as would equally have operated to produce such loss, if the said impediments had not existed; nor to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the claimant. For the purpose of ascertaining the amount of any such losses and |