the Treaty between Great Britain and France having since been concluded, His Britannic Majesty and the United States of America, in order to carry into full Effect the Provisional Articles above mentioned, according to the Tenor thereof, have constituted and appointed, that is to say His Britannic Majesty on his Part, David Hartley, Esqr. Member of the Parliament of Great Britain, and the said United States on their Part John Adams, Esqr. late a Commissioner of the United States of America at the Court of Versailles, late Delegate in Congress from the State of Massachusetts, and Chief Justice of the said State, and Minister Plenipotentiary of the said United States to their High Mightinesses the States General of the United Netherlands; Benjamin Franklin, Esq'r. late Delegate in Congress from the State of Pennsylvania, President of the Convention of the said State, and Minister Plenipotentiary from the United States of America at the Court of Versailles, John Jay Esqr late President of Congress and Chief Justice of the State of New York, and Minister Plenipotentiary from the said United States at the Court of Madrid; to be the Plenipotentiaries for the concluding and signing the present Definitive Treaty; who after having reciprocally communicated their respective Full Powers have agreed upon and confirmed the following Articles. ARTICLE Ist His Britannic Majesty acknowledges the said United States, viz, NewHampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free Sovereign & independent States, that he treats with them as such, & for himself, His Heirs and Successors, relinquishes all Claims to the Government, Propriety and Territorial rights of the same and every Part thereof. ARTICLE 2d 5 And that all Disputes which might arise in future on the Subject of the Boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are & shall be their Boundaries viz: From the North West angle of Nova Scotia viz, that angle which is formed by a Line drawn due North from the Source of St. Croix River to the Highlands, along the said Highlands which divide those Rivers that empty themselves into the River St. Lawrence, from those which fall into the Atlantic Ocean, to the North-Western-most Head of Connecticut River: Thence down along the Middle of that River to the Forty Fifth Degree of North Latitude; from thence by a Line due West on said Latitude until it strikes the River Iroquois or Cataraquy; Thence along the middle of said River into Lake Ontario; 'For text of decisions of commissioners appointed pursuant to art. 4 of treaty of Dec. 24, 1814 (TS 109, post, p. 41), see 8 Stat. 250, 274; TS 111, 113. through the middle of said Lake until it strikes the communication by water between that Lake and Lake Erie; thence along the middle of said communication into Lake Erie, through the middle of said Lake until it arrives at the water communication between that Lake and Lake Huron, thence along the middle of said water communication into the Lake Huron, thence through the middle of said Lake to the water communication between that Lake and Lake Superior, thence through Lake Superior Northward of the Isles Royal & Phelipeaux to the Long Lake, thence through the middle of said Long Lake and the water communication between it and the Lake of the Woods, to the said Lake of the Woods, thence through the said Lake to the most Northwestern Point thereof, and from thence on a due West Course to the River Mississippi, thence by a Line to be drawn along the middle of the said River Mississippi until it shall intersect the Northernmost Part of the thirty first degree of North Latitude. South, by a Line to be drawn due East from the Determination of the Line last mentioned in the Latitude of thirty one Degrees North of the Equator, to the middle of the River Apalachicola or Catahouche thence along the middle thereof to its Junction with the Flint River, thence straight to the head of Saint Mary's River; and thence down along the middle of Saint Mary's River to the Atlantic Ocean; East, by a Line to be drawn along the middle of the River Saint Croix, from its mouth in the Bay of Fundy to its Source, and from its Source directly North to the aforesaid Highlands which divide the Rivers that fall into the Atlantic Ocean from those which fall into the River Saint Lawrence; comprehending all Islands within twenty Leagues of any Part of the Shores of the United States, and lying between Lines to be drawn due East from the Points where the aforesaid Boundaries between Nova Scotia on the one Part and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic Ocean, excepting such Islands as now are or heretofore have been within the Limits of the said Province of Nova Scotia. ARTICLE 3d It is agreed that the People of the United States shall continue to enjoy unmolested the Right to take Fish of every Kind on the Grand Bank, and on all the other Banks of New-foundland, also in the Gulph of Saint Lawrence and at all other Places in the Sea, where the Inhabitants of both Countries used at any time heretofore to fish. And also that the Inhabitants of the United States shall have Liberty to take Fish of every Kind on such Part of the Coast of New-foundland as British Fishermen shall use, (but not to dry or cure the same on that Island) and also on the Coasts Bays & Creeks of all other of his Britannic Majesty's Dominions in America, and that the American Fishermen shall have Liberty to dry and cure Fish in any of the unsettled Bays, Harbours and Creeks of Nova Scotia, Magdalen Islands and Labrador, so long as the same shall remain unsettled, but so soon as the same or either of them shall be settled, it shall not be lawful for the said Fishermen to dry or cure Fish at such Settlement without a previous Agreement for that Purpose with the Inhabitants, Proprietors or Possessors of the Ground. It is agreed that Creditors on either Side shall meet with no lawful Impediment to the Recovery of the full Value in Sterling Money of all bonâ fide. Debts heretofore contracted. ARTICLE 5th It is agreed that the Congress shall earnestly recommend it to the Legislatures of the respective States, to provide for the Restitution of all Estates, Rights and Properties, which have been confiscated belonging to real British Subjects; and also of the Estates, Rights and Properties of Persons resident in Districts in the Possession of his Majesty's Arms and who have not borne Arms against the said United States: And that Persons of any other Description shall have free Liberty to go to any Part or Parts of any of the thirteen United States and therein to remain twelve months unmolested in their Endeavours to obtain the Restitution of such of their Estates, Rights and Properties as may have been confiscated; and that Congress shall also earnestly recommend to the several States a Reconsideration and Revision of all Acts or Laws regarding the Premises, so as to render the said Laws or Acts perfectly consistent not only with Justice and Equity but with that Spirit of Conciliation which on the return of the Blessings of Peace should universally prevail. And that Congress shall also earnestly recommend to the several States, that the Estates, Rights and Properties, of such last mentioned Persons shall be restored to them, they refunding to any Persons who may be now in Possession the bonâ fide price (where any has been given) which such Persons may have paid on purchasing any of the said Lands, Rights or Properties since the Confiscation. And it is agreed that all Persons who have any Interest in confiscated Lands, either by Debts, marriage Settlements, or otherwise, shall meet with no lawful Impediment in the Prosecution of their just Rights. ARTICLE 6th That there shall be no future Confiscations made nor any Prosecutions commenced against any Person or Persons for, or by Reason of, the Part which he or they may have taken in the present War, and that no Person shall on that Account suffer any future Loss or Damage either in his Person, Liberty or Property; and that those who may be in Confinement on such Charges at the time of the Ratification of the Treaty in America, shall *For a supplement to art. 4, see convention of Jan. 8, 1802 (TS 108), post, p. 39. be immediately set at Liberty, and the Prosecutions so commenced be discontinued. ARTICLE 7th There shall be a firm and perpetual Peace between His Britannic Majesty and the said States, and between the subjects of the one, and the Citizens of the other, wherefore all Hostilities both by Sea and Land shall from henceforth cease: All Prisoners on both Sides shall be set at Liberty, and His Britannic Majesty shall with all convenient Speed, and without causing any Destruction, or carrying away any Negroes, or other Property of the American Inhabitants, withdraw all his Armies, Garrisons and Fleets from the said United States, and from every Post, Place and Harbour within the same; leaving in all Fortifications, the American Artillery that may be therein: And shall also order and cause all Archives, Records, Deeds and Papers belonging to any of the said States, or their Citizens, which in the Course of the War may have fallen into the Hands of His officers, to be forthwith restored and delivered to the proper States and Persons to whom they belong. ARTICLE 8th The Navigation of the River Mississippi, from its Source to the Ocean, shall for ever remain free and open to the Subjects of Great Britain and the Citizens of the United States. ARTICLE 9th In case it should so happen that any Place or Territory belonging to Great Britain or to the United States should have been conquered by the Arms of either from the other, before the Arrival of the said Provisional Articles in America, it is agreed that the same shall be restored without Difficulty and without requiring any Compensation. ARTICLE 10th The solemn Ratifications of the present Treaty expedited in good and due Form shall be exchanged between the contracting Parties in the Space of six Months or sooner, if possible, to be computed from the Day of the Signature of the Present Treaty. In Witness whereof We the undersigned, their Ministers Plenipotentiary, have in their Name and in Virtue of our full Powers, signed with our Hands the present Definitive Treaty, and caused the Seals of our Arms to be affixed thereto. Done at Paris, this third Day of September in the Year of our Lord, one thousand, seven hundred and Eighty three. AMITY, COMMERCE, AND NAVIGATION Treaty signed at London November 19, 1794, with annexed letter dated at Philadelphia September 5, 1793, and with additional article Senate advice and consent to ratification, with a condition, June 24, 17951 Ratified by the President of the United States, with a condition, Au gust 14, 1795 1 Ratified by Great Britain October 28, 1795 Ratifications exchanged at London October 28, 1795 Entered into force October 28, 1795 Proclaimed by the President of the United States February 29, 1796 Article 3 supplemented by explanatory article of May 4, 1796, and ter minated in part by War of 1812 3 Article 5 supplemented by explanatory article of March 15, 1798 3 Articles 1 and 35 annulled June 18, 1812 o Articles 2, 4-8, and 28 terminated upon fulfillment of their terms 8 Stat. 116; Treaty Series 1057 TREATY OF AMITY, COMMERCE AND NAVIGATION, BETWEEN HIS BRITANNICK MAJESTY; AND THE UNITED STates of America, BY THEIR PRESIDENT, WITH THE ADVICE AND CONSENT OF THEIR SENATE His Britannick Majesty and the United States of America, being desirous by a Treaty of Amity, Commerce and Navigation to terminate their Differ1 The Senate gave its advice and consent "on condition that there be added to the said treaty an article, whereby it shall be agreed to suspend the operation of so much of the 12th article, as respects the trade which his said Majesty thereby consents may be carried on, between the United States and his islands in the West Indies, in the manner, and on the terms and conditions therein specified." See additional article, p. 33. 2 TS 106, post, p. 34. See also footnote 1, post, p. 34. TS 107, post, p. 36. TS 108, post, p. 38. Art. 3, as far as it relates to Indians, appears to remain in force between the United States and Canada. See American Journal of International Law, 1929, p. 645, for Supreme Court decision in case of Karnuth v. United States. |