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That for the purpose of afcertaining the amount of any fuch loffes and damages, five Commiffioners, fhall be appointed and authorized 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 alfo affigned for the reception of claims, and they are in like manner authorized to extend the fame in particular cafes. They fhall receive testimony, books, papers, and evidence in the fame latitude, and exercife the like difcretion and powers respecting that fubject; and fhall decide the claims in queftion according to the merits of the feveral cafes, and to justice, equity, and the laws of nations. The award of the Commiffioners, or any fuch three of them as aforefaid, fhall, in all cafes, be final and conclufive, both as to the justice 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 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 releafes or affignments to be given by the claimants, as by the faid Commiffioners may be directed.
And whereas certain merchants and others, His Majefty's fubjects, complain, that in the courfe of the war, they have fuftained lofs and damage by reafon of the capture of velfels and merchandize taken within the limits and jurifdiction of the States, and brought into the ports of the fame, or taken by veffels originally armed in ports of the faid States,
It is agreed, that in all fuch cafes where reftitution fhall 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 fhall be awarded to them refpectively by the faid Commiffioners, and at B 2
the times and places which in fuch awards fhall be fpecified; 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 now existing cafes of both defcriptions, but alfo all fuch as fhall exift at the time of exchanging the ratifications of this Treaty, shall be confidered within the provifions, intent, and meaning of this Article.
Art. VIII. It is further agreed, that the Commiffioners mentioned in the two preceding Articles shall be respectively paid in fuch a manner as shall 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 expenfes attending the faid commiffions fhall be defrayed jointly by the two parties, the fame being previoufly 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 shall be supplied in the fame manner as fuch Commiffioner was appointed, and the new Commiffioner fhall take the fame oath or affirmation, and do the fame duties.
Art. IX. It is agreed, that British fubjects, who now hold lands in the territories of the United States, and American Citizens, who now hold lands in the dominions of His Majefty, fhall continue to hold them according to the nature and tenure of their refpective States and Titles therein; and may grant, fell, or devife the fame, to whom they pleafe, in like manner as if they were natives; and 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.
Art. X. Neither the debts due from individuals of the one Nation to individuals of the other, nor shares, nor monies, which they may have in the public funds, or in the public or private banks, fhall ever, in any event of war or national differences, be fequeftered or confifcated, it being unjuft and impolitic, that debts and engagements contracted, and made by individuals having confidence in each other, and in their respec
tive Governments, fhould ever be deftroyed or impaired by National Authority, on account of National Differences and Difcontents.
Art. 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 refpective people, in the manner, under the limitations, and on the conditions, specified in the following Articles.
Art. 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 lands and ports in the Weft Indies from the United States, in their own veffels, not being above the burthen of 70 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 Iflands or Ports from the faid States in Britifh velfels; and that the faid American veffels fhall be subject there to no other or higher tonnage duties or charges than fhall be payable by Britifh veffels in the ports of the United States; and that the cargoes of the said 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 alfo confents that it fhall be lawful for the faid American Citizens to purchase, load, and carry away in their faid veffels, to the United States, from the faid Islands and Ports, all fuch articles, being of the growth, manufacture, or produce of the faid Iflands, 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 shall be subject in fimilar circumstances.
Provided always, that the faid American veffels 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 Majefty's Islands or from the United States, to any part of the world, except the United States, reasonable fea ftores excepted.
Provided alfo, that it fhall and may be lawful, during the fame period, for British veffels to import from the faid Iflands into the United States, and to export from the United States to the faid Iflands, all articles whatever, being of the growth, produce, or manufacture, of the faid Iflands, or of the United States refpectively, which now may, by the laws of the faid States, be fo imported and exported. And that the cargoes of the faid British veffels shall be subject to no other or higher duties or charges, than fhall be payable on the fame articles, if fo imported or exported in American veffels.
It is agreed that this article and every matter and thing therein contained, fhall continue to be in force during the continuance of the war in which His Majefty is now engaged; and alfo for two years, from and after the day of the fignature of the preliminary or other articles of Peace by which the fame may be terminated.
And it is further agreed, that at the expiration of the faid term, the two contracting parties will endeavour further to regulate their commerce in this respect, according to the fituation in which His Majefty may then find himself with respect to the West Indies, and with a view to fuch arrangements, as may best conduce to the mutual advantage and extenfion of Com
And the faid parties will then also renew their difcuffions, and endeavour to agree, whether in any or what cafes neutral veffels fhall protect enemy's property; and in what cafes, provifions and other articles, not generally contraband, may become fuch. But in the mean time, their conduct towards each other in these refpects fhall be regulated by the articles herein-after inferted on thofe fubjects.
Art. XIII. His Majefty confents that the veffels belonging to the Citizens of the United States of America shall be admitted and hofpitably received in all the
fea ports and harbours of the British Territories in the Eaft Indies. And that the Citizens of the faid United States may freely carry on a trade between the faid Territories and the faid United States, in all articles of which the importation or exportation refpectively to or from the faid Territories fhall not be entirely prohibited. Provided only, that it fhall not be lawful for them, in any time of war between the British Government and any other Power or State whatever, to export from the faidi erritories, without the fpecial permiflion of the British Government there, any Military Stores or Naval Stores, or Rice. The Citizens of the United States fhall pay for their veffels, when admitted into the faid ports, no other or higher tonnage duty than fhall be payable on British veffels when admitted into the ports of the United States. And they fhall pay no other or higher duties or charges on the Importation or Exportation of the cargoes of the faid veffels, than fhall be payable on the fame articles when imported or exported in British veffels. but it is exprefsly agreed, that the veffels of the United States fhall not carry any of the articles exported by them from the faid British Territories to any port or place except to fome port or place in America, where the fame fhall be unladen, and fuch regulations fhall be adopted by both parties, as fhall from time to time be found neceffary to enforce the due and faithful obfervance of this ftipulation.
It is alfo understood, that the permiffion granted by this article is not to extend to allow the veifels of the United States to carry on any part of the coafting trade of the faid British Territories; but veffels going with their original cargoes, or part thereof, from one port of difcharge to another, are not to be confidered. as carrying on the coafting trade. Neither is this article to be conftrued to allow the Citizens of the faid States to fettle or refide within the faid Territories, or to go into the interior parts thereof, without the permiffion of the British Government established there; and if any tranfgreffion fhould be attempted against the regulations of the British Government in this refpect, the obfervance of the fame fhall and may be enforced against the Citizens of America, in the fame manner as against British fubjects, or others tranf