Slike strani

(6) No duty of entry Niall ever be levied, by either party, on peltries brought by land or inland navigation into the faid Territories respectively ; nor Thall the Indians, pasfing 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 fide; 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-embarked and carried to some other place or places. But as by this stipulation it is only meant to fecure to each party a free passage across the portages on both sides, it is agreed, that this exemption from duty fhall extend only to such goods as are carried in the usual and direct road acrofs 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 poflibility 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 favourable 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 neceíTary protection to be extended to all who may be concerned therein.

[ocr errors][ocr errors]

Art. IV. Whereas it is uncertain whether the River Mislimppi extends so far to the Northward as to be intersected by a line to be drawn due Welt from the Lake of the Woo's 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 with His Majesty's Governinent 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

[ocr errors]


on the result of such survey, it should appear that the said river would not be intersected by such 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 said parties, according to justice and mutual convenience, and in conformity to the intent of the said Treaty.

Art. 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 thall 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 Conniffioners 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 fo proposed, one shall be drawn by lot in the presence of the two original Commissioners. And the three Commiftioners fo 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, Thall 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 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


be re

question, or made the subject of dispute or difference between them.

Art. 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 faid debts has been delayed, but also the value and security thereof have been, in several instances, impaired and leffened, so that by the ordinary course of judicial proceedings, the Britih creditors cannot now obtain, and actually have and receive full and adequate compensation for the losses and damages which they have thereby fustained : 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 juftice, the United States will make full and complete comperfation for the fame to the said creditors: but it is difinctly understood, that this provision is to extend to such Josses only as have been occasioned by the lawful impediments aforesaid, and is not to extend to losses occasioned by fuch infolvency of the debtors, or other causes as would equally have operated to produce fuch loss, if the said impediments had not existed, nor to such losses or damages as have been occasioned by the manifest delay or itegligence, or wilful omission of the claimant.

For the purpose of ascertaining the amount of any such losses and damages, five Commissioners shall be appointed, and authorized to meet and act in manner following, viz. Two of them shall be appointed by His Majesty, two of them by the President of the United States, by and with the advice and consent of the Senate thereof, and the fifth by the unanimous voice of the other four ; and if they should not agree in such choice, then the Commissioners named by the two parties shall respectively propose one person, and of the two names fo proposed, one shall be drawn by lot in the presence of the four original Commiffioners.

When the five Com nislioners thus appointed shall first nieet, they hall, before they proceed to act respectively,


take the following oath or affirmation, in the presence of each other, which oath or affirmation being so taken, and duly attested, shall be entered on the record of their proceedings, viz. I, A. B. one of the Commissioners 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 swear or affirm, that I will honestly, diligently, impartially, and carefully examine, and to the beit of my judgment, according to justice and equity, decide all such complaints, as under the said article shall be preferred to the said Commissioners; and that I will forbear to act as a Commissioner in any case in which I may be personally interested.

Three of the said Commissioners shall constitute a board, and shall have power to do any act appertaining to the said Commission, provided that one of the Commisfioners named on each side, and the fifth Commissioner shall be present, and all decisions shall be made by the majority of the voices of the Commissioners then present; eighteen months from the day on which the faid Commiffioners shall form a board, and be ready to proceed to bufiness, are assigned for receiving complaints and applications; but they are nevertheless authorized in any particular cafes, in which it shall appear to them to be reasonable and just, to extend the said term of eighteen months for any term not exceeding six months, after the expiration thereof. The said Commissioners shall first meet at Philadelphia, but they shall have power to adjourn from place to place as they shall see cause.

The faid Commiflioners, 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 consideration all claims, whether of principal or intereft, or balances of principal and interest, and to determine the same respectively, according to the merits of the several cases, due regard being had to all the circumstances thereof, and as equity and justice thall appear to them to require. And the said Commissioners shall have power to examine all such perfons as shall come before them on oath or affirmation, touching the premises : and also to receive in evidence, according as they may think most consistent with equity



and justice, all written depositions, or books, or papers, or copies, or extracts thereof, every such deposition, book, or paper, or extract being duly authenticated, either according to the legal foris now respectively existing in the two countries, or in such other manner as the laid Commissioners shall see cause to require or allow,

The award of the said Commissioners, or of any three of them as aforesaid, shall in all cases be final and conclufive, both as to the juftice of the claim, and to the amount of the sumn to be paid to the creditor or claimant : and the United States undertake to cause the sumn fo awarded to be paid in fpecie to such creditor or claimant without deduction; and at such time or times, and at such place or places, as thall be awarded by the said Commiflioners; and on condition of such releases or assignments to be given by the creditor or claimant, as by the said Commissioners may be directed: Provided always, that no such payment shall be fixed by the said Commissioners to take place fooner than twelve months, from the day of the exchange of the ratifications of this Trcaty.

Art. 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 Majesty is now engaged, they have sustained considerable lotles and damage, by reason of irregular or illegal captures or condemnations of their vessels and other property, under colour of authority or commissions from His Majesty, and that from various circumstances belonging to the said cases, adequate compensation for the loiles and damages so sustained cannot now be actualy obtained, had, and received by the ordinary course of judicial proceedings; it is agreed, that in all such cases where adequate compensation cannot, for whatever reason, be now actually obiained, had, and received by faid merchants and others in the ordinary course of justice, full and complete compensation for the same will be made by the British Government to the said complainants. But it is distinctly understood that this provision is not to extend to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omillion of the claimants,


« PrejšnjaNaprej »