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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 thall 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 unusual 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 acrofs the portage, and are not attempted to be in any manner fold or exchanged during their paffage acrofs the fame, and proper regulations may be eftablished to prevent the poffibility 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 intercourse, by caufing speedy 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 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 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 faid 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 so agree, they fhall each propofe one person, 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 sworn impartially to examine and decide the faid queftion according to fuch evidence as fhall respectively 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 faid 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 spectively appointed and authorized to manage the business on behalf of the refpective governments. And both parties agree to confider such 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 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 fustained: it is agreed, that in all such cases where full compenfation for such loffes and damages cannot, for whatever reafon, be actually obtained, had, and received by the faid creditors in the ordinary courfe of juftice, the United States will make full and complete comperfation for the fame to the faid creditors: but it is dif tinctly 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 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 authorized 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 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 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 hall, before they proceed to act respectively,
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 6th Article of the Treaty of Amity, Commerce, and Navigation, between His Britannic Majesty 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 present, and all decifions fhall be made by the majority of the voices of the Commiffioners then present ; eighteen months from the day on which the faid Commiffioners fhall form a board, and be ready to proceed to bufinefs, are affigned for receiving complaints and applications; but they are nevertheless authorized 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 shall 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 pursuance 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 respectively, according to the merits of the several cafes, due regard being had to all the circumftances thereof, and as equity and juftice 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 moft 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 caufe 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 caufe 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 fuch releafes or affignments to be given by the creditor or claimant, as by the faid Commiffioners may be directed: Provided always, that no fuch payment 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.
Art. VII. Whereas complaints have been made by divers merchants and others, Citizens of the United States, that during the courfe of the war in which His Majefty is now engaged, they have sustained confiderable lotles 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 circumftances 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, that in all fuch cafes where adequate compenfation cannot, for whatever reafon, be now actually obtained, had, and received by faid merchants and others in the ordinary courfe of justice, full and complete compenfation for the fame will be made by the British Government to the faid complainants. But it is diftin&tly understood that this provifion is not to extend to fuch loffes or damages as have been occafioned by the manifest delay or negligence, or wilful omiffion of the claimants.