Concluded November 19, 1794; ratification advised by the senate
with amendment June 24, 1795; ratified by the President; ratifications
exchanged October 28, 1795; proclaimed February 29, 1796.
Articles:
| I. Amity. | XV. Discrimination on
vessels, imports,
etc. |
II. Withdrawal of forces;
vessels, imports, etc. |
XVI. Consuls. |
III. Commerce and navigation;
duties. | XVII. Capture or
detention
of neutrals |
IV. Survey of the Mississippi. XVIII. Contraband.
V. St. Croix River XIX. Officers passengers
VI. Indemnification by on neutrals.
United States. XX. Pirates.
VII. Indemnification by Great XXI. Commission from foreign
Britain. states.
VIII. Expenses. XXII. Reprisals.
IX. Land tenures. XXIII. Ships of war.
X. Private debts, etc. XXIV. Foreign privateers.
XI. Liberty of navigation XXV. Prizes.
and commerce. XXVI. Reciprocal treatment
XII. West India trade; duties. of citizens in war.
XIII. East India trade; duties. XXVII. Extradition.
XIV. Commerce and Navigation. XXVIII. Limitation of Article XII:
ratification.
His Britannic Majesty and the United States of America, being
desirous, by a treaty of amity, commerce and navigation, to terminate
their difference in such a manner, as, without reference to the
merits of their respective complaints and pretentions, 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 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 ninetysix, 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
seaports, 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 Mississippi
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 whichsoever of the parties
belonging, may freely be 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 reembarked 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 neighborhood, 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 Mississippi 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
negotiation, 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 alleged 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 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 so proposed, one shall be drawn by lot, in
the presence of the four original Commissioners. When the five
Commissioners thus appointed shall first meet, they shall, 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 sixth article of the Treaty of Amity,
Commerce and Navigation, between His Britannic Majesty and the
United States of America, do solemnly swear (or affirm) that I
will honestly, diligently, impartially and carefully examine,
and to the best 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 Commissioners 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 than
present. Eighteen months from the day on which the said Commissioners
shall form a board, and be ready to proceed to business, are assigned
for receiving complaints and applications; but they are nevertheless
authorized, in any particular cases 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 said Commissioners in examining the complaints and applications
so 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 interest, 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
shall appear to them to require. And the said Commissioners shall
have power to examine all such persons 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 copy, or extract, being duly authenticated either according
to the legal form now respectively existing in the two countries,
or in such other manner as the said 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 conclusive both as
to the justice of the claim, and to the amount of the sum to be
paid to the creditor or claimant; and the United States undertake
to cause the sum so awarded to be paid in specie to such creditor
or claimant without deduction; and at such time or times and at
such place or places, as shall be awarded by the said Commissioners;
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 sooner than twelve months
from the day of the exchange of the ratifications of this treaty.
ARTICLE 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
losses and damage, by reason of irregular or illegal captures
or condemnations of their vessels and other property, under color
of authority or commissions from His Majesty, and that from various
circumstances belonging to the said cases, adequate compensation
for the losses and damages so sustained cannot now be actually
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 obtained,
had, and received by the said 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 omission of the claimant.
That for the purpose of ascertaining the amount of any such losses
and damages, five Commissioners shall be appointed and authorized
to act in London, exactly in the manner directed with respect
to those mentioned in the preceding article, and after having
taken the same oath or affirmation, (mutatis mutandis,) the same
term of eighteen months is also assigned for the reception of
claims, and they are in like manner authorized to extend the same
in particular cases. They shall receive testimony, books, papers
and evidence in the same latitude, and exercise the like discretion
and powers respecting that subject; and shall decide the claims
in question according to the merits of the several cases, and
to justice, equity and the laws of nations. The award of the said
Commissioners, or any such three of them as aforesaid, shall in
all cases be final and conclusive, both as to the justice of the
claim, and the amount of the sum to be paid to the claimant; and
His Britannic Majesty undertakes to cause the same to be paid
to such claimant in specie, without any deduction, at such place
or places, and at such time or times, as shall be awarded by the
said Commissioners, and on condition of such releases or assignments
to be given by the claimant, as by the said Commissioners may
be directed.
And whereas certain merchants and others, His Majesty s subjects,
complain that, in the course of the war, they have sustained loss
and damage by reason of the capture of their vessels and merchandise,
taken within the limits and jurisdiction of the States and brought
into the ports of the same, or taken by vessels originally armed
in ports of the said States:
It is agreed that in all such cases where restitution shall not
have been made agreeably to the tenor of the letter from Mr. Jefferson
to Mr. Hammond, dated at Philadelphia, September 5, 1793, a copy
of which is annexed to this treaty; the complaints of the parties
shall be and hereby are referred to the Commissioners 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
cases committed to them; and the United States undertake to pay
to the complainants or claimants in specie, without deduction,
the amount of such sums as shall be awarded to them respectively
by the said Commissioners, and at the times and places which in
such awards shall be specified; and on condition of such releases
or assignments to be given by the claimants as in the said awards
may be directed: And it is further agreed, that not only the now
existing cases of both descriptions, but also all such as shall
exist at the time of exchanging the ratifications of this treaty,
shall be considered as being within the provisions, intent and
meaning of this article.
ARTICLE VIII.
It is further agreed that the Commissioners mentioned in this
and in the two preceding articles shall be respectively paid in
such manner as shall be agreed between the two parties such agreement
being to be settled at the time of the exchange of the ratifications
of this treaty. And all other expenses attending the said Commissions
shall be defrayed jointly by the two parties, the same being previously
ascertained and allowed by the majority of the Commissioners.
And in the case of death, sickness or necessary absence, the place
of every such Commissioner respectively shall be supplied in the
same manner as such Commissioner was first appointed, and the
new Commissioners shall take the same oath or affirmation and
do the same duties.
ARTICLE IX.
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 may respect the said lands
and the legal remedies incident thereto, be regarded as aliens.
ARTICLE 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, shall ever in
any event of war or national differences be sequestered or confiscated,
it being unjust and impolitic that debts and engagements contracted
and made by individuals having confidence in each other and in
their respective Governments, should ever be destroyed or impaired
by national authority on account of national differences and discontents.
ARTICLE XI.
It is agreed between His Majesty and the United States of America,
that there shall be a reciprocal and entirely perfect liberty
of navigation and commerce between their respective people, in
the manner, under the limitations, and on the conditions specified
in the following articles.
ARTICLE XII.
His Majesty consents that it shall and may be lawful, during the
time hereinafter limited, for the citizens of the United States
to carry to any of His Majesty's islands and ports in the West
Indies from the United States, in their own vessels, not being
above the burthen of seventy tons, any goods or merchandizes,
being of the growth, manufacture or produce of the said States,
which it is or may be lawful to carry to the said islands or ports
from the said States in British vessels; and that the said American
vessels shall be subject there to no other or higher tonnage duties
or charges than shall be payable by British vessels in the ports
of the United States; and that the cargoes of the said American
vessels shall be subject there to no other or higher duties or
charges than shall be payable on the like articles if imported
there from the said States in British vessels.
And His Majesty also consents that it shall be lawful for the
said American citizens to purchase, load and carry away in their
said vessels to the United States, from the said islands and ports,
all such articles, being of the growth, manufacture or produce
of the said islands, as may now by law be carried from thence
to the said States in British vessels, and subject only to the
same duties and charges on exportation, to which British vessels
and their cargoes are or shall be subject in similar circumstances.
Provided always, that the said American vessels do carry and land
their cargoes in the United States only, it being expressly agreed
and declared that, during the continuance of this article, the
United States will prohibit and restrain the carrying any molasses,
sugar, coffee, cocoa or cotton in American vessels, either from
His Majesty's islands or from the United States to any part of
the world except the United States, reasonable seastores excepted.
Provided, also, that it shall and may be lawful, during the same
period, for British vessels to import from the said islands into
the United States, and to export from the United States to the
said islands, all articles whatever, being of the growth, produce
or manufacture of the said islands, or of the United States respectively,
which now may, by the laws of the said States, be so imported
and exported. And that the cargoes of the said British vessels
shall be subject to no other or higher duties or charges, than
shall be payable on the same articles if so imported or exported
in American vessels.
It is agreed that this article, and every matter and thing therein
contained, shall continue to be in force during the continuance
of the war in which His Majesty is now engaged; and also for two
years from and after the date of the signature of the preliminary
or other articles of peace, by which the same may be terminated.
And it is further agreed that, at the expiration of the said term,
the two contracting parties will endeavour further to regulate
their commerce in this respect, according to the situation in
which His Majesty may then find himself with respect to the West
Indies, and with a view to such arrangements as may best conduce
to the mutual advantage and extension of commerce. And the said
parties will then also renew their discussions, and endeavour
to agree, whether in any and what cases, neutral vessels shall
protect enemy's property; and in what cases provisions and other
articles, not generally contraband, may become such. But in the
mean time, their conduct towards each other in these respects
shall be regulated by the articles hereinafter inserted on those
subjects.
ARTICLE XIII.
His Majesty consents that the vessels belonging to the citizens
of the United States of America shall be admitted and hospitably
received in all the seaports and harbors of the British territories
in the East Indies. And that the citizens of the said United States
may freely carry on a trade between the said territories and the
said United States, in all articles of which the importation or
exportation respectively, to or from the said territories, shall
not be entirely prohibited. Provided only, that it shall 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 said
territories, without the special permission of the British Government
there, any military stores, or naval stores, or rice. The citizens
of the United States shall pay for their vessels when admitted
into the said ports no other or higher tonnage duty than shall
be payable on British vessels when admitted into the ports of
the United States. And they shall pay no other or higher duties
or charges, on the importation or exportation of the cargoes of
the said vessels, than shall be payable on the same articles when
imported or exported in British vessels. But it is expressly agreed
that the vessels of the United States shall not carry any of the
articles exported by them from the said British territories to
any port or place, except to some port or place in America, where
the same shall be unladen and such regulations shall be adopted
by both parties as shall from time to time be found necessary
to enforce the due and faithful observance of this stipulation.
It is also understood that the permission granted by this article
is not to extend to allow the vessels of the United States to
carry on any part of the coasting trade of the said British territories;
but vessels going with their original cargoes, or part thereof,
from one port of discharge to another, are not to be considered
as carrying on the coasting trade. Neither is this article to
be construed to allow the citizens of the said States to settle
or reside within the said territories, or to go into the interior
parts thereof, without the permission of the British Government
established there; and if any transgression should be attempted
against the regulations of the British Government in this respect,
the observance of the same shall and may be enforced against the
citizens of America in the same manner as against British subjects
or others transgressing the same rule. And the citizens of the
United States, whenever they arrive in any port or harbour in
the said territories, or if they should be permitted, in manner
aforesaid, to go to any other place therein, shall always be subject
to the laws, government and jurisdiction of what nature established
in such harbor, port pr place, according as the same may be. The
citizens of the United States may also touch for refreshment at
the island of St. Helena, but subject in all respects to such
regulations as the British Government may from time to time establish
there.
ARTICLE XIV.
There shall be between all the dominions of His Majesty in Europe
and the territories of the United States a reciprocal and perfect
liberty of commerce and navigation. The people and inhabitants
of the two countries, respectively, shall have liberty freely
and securely, and without hindrance and molestation, to come with
their ships and cargoes to the lands, countries, cities, ports,
places and rivers within the dominions and territories aforesaid,
to enter into the same, to resort there, and to remain and reside
there, without any limitation of time. Also to hire and possess
houses and warehouses for the purposes of their commerce, and
generally the merchants and traders on each side shall enjoy the
most complete protection and security for their commerce; but
subject always as to what respects this article to the laws and
statutes of the two countries respectively.
ARTICLE XV.
It is agreed that no other or high duties shall be paid by the
ships or merchandise of the one party in the ports of the other
than such as are paid by the like vessels or merchandize of all
other nations. Nor shall any other or higher duty be imposed in
one country on the importation of any articles the growth, produce
or manufacture of the other, than are or shall be payable on the
importation of the like articles being of the growth, produce
or manufacture of any other foreign country. Nor shall any prohibition
be imposed on the exportation or importation of any articles to
or from the territories of the two parties respectively, which
shall not equally extend to all other nations.
But the British Government reserves to itself the right of imposing
on American vessels entering into the British ports in Europe
a tonnage duty equal to that which shall be payable by British
vessels in the ports of America; and also such duty as may be
adequate to countervail the difference of duty now payable on
the importation of European and Asiatic goods, when imported into
the United States in British or in American vessels
The two parties agree to treat for the more exact equalization
of the duties on the respective navigation of their subjects and
people, in such manner as may be most beneficial to the two countries.
The arrangements for this purpose shall be made at the same time
with those mentioned at the conclusion of the twelfth article
of this treaty, and are to be considered as a part thereof. In
the interval it is agreed that the United States will not impose
any new or additional tonnage duties on British vessels, nor increase
the nowsubsisting difference between the duties payable on the
importation of any articles in British or in American vessels.
ARTICLE XVI.
It shall be free for the two contracting parties, respectively,
to appoint Consuls for the protection of trade, to reside in the
dominions and territories aforesaid; and the said Consuls shall
enjoy those liberties and rights which belong to them by reason
of their function. But before any Consul shall act as such, he
shall be in the usual forms approved and admitted by the party
to whom he is sent; and it is hereby declared to be lawful and
proper that, in case of illegal or improper conduct towards the
laws or Government, a Consul may either be punished according
to law, if the laws will reach the case, or be dismissed, or even
sent back, the offended Government assigning to the other their
reasons for the same.
Either of the parties may except from the residence of Consuls
such particular places as such party shall judge proper to be
so excepted.
ARTICLE XVII.
It is agreed that in all cases where vessels shall be captured
or detained on just suspicion of having on board enemy's property,
or of carrying to the enemy any of the articles which are contraband
of war, the said vessels shall be brought to the nearest or most
convenient port; and if any property of an enemy should be found
on board such vessel, that part only which belongs to the enemy
shall be made prize, and the vessel shall be at liberty to proceed
with the remainder without any impediment. And it is agreed that
all proper measures shall be taken to prevent delay in deciding
the cases of ships or cargoes so brought in for adjudication,
and in the payment or recovery of any indemnification, adjudged
or agreed to be paid to the masters or owners of such ships.
ARTICLE XVIII.
In order to regulate what is in future to be esteemed contraband
of war, it is agreed that under the said denomination shall be
comprised all arms and implements serving for the purposes of
war, by land or sea, such as cannon, muskets, mortars, petards,
bombs, grenades, carcasses, saucisses, carriages for cannon, musketrests,
bandoliers, gunpowder, match, saltpetre, ball, pikes, swords,
headpieces, cuirasses, halberts, lances, javelins, horsefurniture,
holsters, belts, and generally all other implements of war, as
also timber for shipbuilding, tar or rozin, copper in sheets,
sails, hemp, and cordage, and generally whatever may serve directly
to the equipment of vessels, unwrought iron and fir planks only
excepted, and all the above articles are hereby declared to be
just objects of confiscation whenever they are attempted to be
carried to an enemy.
And whereas the difficulty of agreeing on the precise cases in
which alone provisions and other articles not generally contraband
may be regarded as such, renders it expedient to provide against
the inconveniences and misunderstandings which might thence arise:
It is further agreed that whenever any such articles so becoming
contraband, according to the existing laws of nations, shall for
that reason be seized, the same shall not be confiscated, but
the owners thereof shall be speedily and completely indemnified;
and the captors, or, in their default, the Government under whose
authority they act, shall pay to the masters or owners of such
vessels the full value of all such articles, with a reasonable
mercantile profit thereon, together with the freight, and also
the demurrage incident to such detention.
And whereas it frequently happens that vessels sail for a port
or place belonging to an enemy without knowing that the same is
either besieged, blockaded or invested, it is agreed that every
vessel so circumstanced may be turned away from such port or place;
but she shall not be detained, nor her cargo, if not contraband,
be confiscated, unless after notice she shall again attempt to
enter, but she shall be permitted to go to any other port or place
she may think proper; nor shall any vessel or goods of either
party that may have entered into such port or place before the
same was besieged, blockaded, or invested by the other, and be
found thereinafter the reduction or surrender of such place, be
liable to confiscation, but shall be restored to the owners or
proprietors there.
ARTICLE XIX.
And that more abundant care may be taken for the security of the
respective subjects and citizens of the contracting parties, and
to prevent their suffering injuries by the menofwar, or privateers
of either party, all commanders of ships of war and privateers,
and all others the said subjects and citizens, shall forbear doing
any damage to those of the other party or committing any outrage
against them, and if they act to the contrary they shall be punished,
and shall also be bound in their persons and estates to make satisfaction
and reparation for all damages, and the interest thereof, of whatever
nature the said damages may be.
For this cause, all commanders of privateers, before they receive
their commissions, shall hereafter be obliged to give, before
a competent judge, sufficient security by at least two responsible
sureties, who have no interest in the said privateer, each of
whom, together with the said commander, shall be jointly and severally
bound in the sum of fifteen hundred pounds sterling, or, if such
ships be provided with above one hundred and fifty seamen or soldiers,
in the sum of three thousand pounds sterling, to satisfy all damages
and injuries which the said privateer, or her officers or men,
or any of them, may do or commit during their cruise contrary
to the tenor of this treaty, or to the laws and instructions for
regulating their conduct; and further, that in all cases of aggressions
the said commissions shall be revoked and annulled.
It is also agreed that whenever a judge of a court of admiralty
of either of the parties shall pronounce sentence against any
vessel or goods or property belonging to the subjects or citizens
of the other party, a formal and duly authenticated copy of all
the proceedings in the cause, and of the said sentence, shall,
if required, be delivered to the commander of the said vessel,
without the smallest delay, he paying all legal fees and demands
for the same.
ARTICLE XX.
It is further agreed that both the said contracting parties shall
not only refuse to receive any pirates into any of their ports,
havens or towns, or permit any of their inhabitants to receive,
protect, harbor, conceal or assist them in any manner, but will
bring to condign punishment all such inhabitants as shall be guilty
of such acts or offences.
And all their ships, with the goods or merchandizes taken by them
and brought into the port of either of the said parties, shall
be seized as far as they can be discovered, and shall be restored
to the owners, or their factors or agents, duly deputed and authorized
in writing by them (proper evidence being first given in the court
of admiralty for proving the property) even in case such effects
should have passed into other hands by sale, if it be proved that
the buyers knew or had good reason to believe or suspect that
they had been piratically taken.
ARTICLE XXI.
It is likewise agreed that the subjects and citizens of the two
nations shall not do any acts of hostility or violence against
each other, nor accept commissions or instructions so to act from
any foreign Prince or State, enemies to the other party; nor shall
the enemies of one of the parties be permitted to invite, or endeavor
to enlist in their military service, any of the subjects or citizens
of the other party; and the laws against all such offences and
aggressions shall be punctually executed. And if any subject or
citizen of the said parties respectively shall accept any foreign
commission or letters of marque for arming any vessel to act as
a privateer against the other party, and be taken by the other
party, it is hereby declared to be lawful for the said party to
treat and punish the said subject or citizen having such commission
or letters of marque as a pirate.
ARTICLE XXII.
It is expressly stipulated that neither of the said contracting
parties will order or authorize any acts of reprisal against the
other, on complaints of injuries or damages, until the said party
shall first have presented to the other a statement thereof, verified
by competent proof and evidence, and demanded justice and satisfaction,
and the same shall either have been refused or unreasonably delayed.
ARTICLE XXIII.
The ships of war of each of the contracting parties shall, at
all times, be hospitably received in the ports of the other, their
officers and crews paying due respect to the laws and Government
of the country. The officers shall be treated with that respect
which is due to the commissions which they bear, and if any insult
should be offered to them by any of the inhabitants, all offenders
in this respect shall be punished as disturbers of the peace and
amity between the two countries. And His Majesty consents that
in case an American vessel should, by stress of weather, danger
from enemies, or other misfortune, be reduced to the necessity
of seeking shelter in any of His Majesty's ports, into which such
vessel could not in ordinary cases claim to be admitted, she shall,
on manifesting that necessity to the satisfaction of the Government
of the place, be hospitably received, and be permitted to refit
and to purchase at the market price such necessaries as she may
stand in need of, conformably to such orders and regulations at
the Government of the place, having respect to the circumstances
of each case, shall prescribe. She shall not be allowed to break
bulk or unload her cargo, unless the same should be bona fide
necessary to her being refitted. Nor shall be permitted to sell
any part of her cargo, unless so much only as may be necessary
to defray her expences, and then not without the express permission
of the Government of the place. Nor shall she be obliged to pay
any duties whatever, except only on such articles as she may be
permitted to sell for the purpose aforesaid.
ARTICLE XXIV.
It shall not be lawful for any foreign privateers (not being subjects
or citizens of either of the said parties) who have commissions
from any other Prince or State in enmity with either nation to
arm their ships in the ports of either of the said parties, nor
to sell what they have taken, nor in any other manner to exchange
the same; nor shall they be allowed to purchase more provisions
than shall be necessary for their going to the nearest port of
that Prince or State from whom they obtained their commissions.
ARTICLE XXV.
It shall be lawful for the ships of war and privateers belonging
to the said parties respectively to carry whithersoever they please
the ships and goods taken from their enemies, without being obliged
to pay any fee to the officers of the admiralty, or to any judges
whatever; nor shall the said prizes, when they arrive at and enter
the ports of the said parties, be detained or seized, neither
shall the searchers or other officers of those places visit such
prizes, (except for the purpose of preventing the carrying of
any of the cargo thereof on shore in any manner contrary to the
established laws of revenue, navigation, or commerce,) nor shall
such officers take cognizance of the validity of such prizes;
but they shall be at liberty to hoist sail and depart as speedily
as may be, and carry their said prizes to the place mentioned
in their commissions or patents, which the commanders of the said
ships of war or privateers shall be obliged to show. No shelter
or refuge shall be given in their ports to such as have made a
prize upon the subjects or citizens of either of the said parties;
but if forced by stress of weather, or the dangers of the sea,
to enter therein, particular care shall be taken to hasten their
departure, and to cause them to retire as soon as possible. Nothing
in this treaty contained shall, however, be construed or operate
contrary to former and existing public treaties with other sovereigns
or States. But the two parties agree that while they continue
in amity neither of them will in future make any treaty that shall
be inconsistent with this or the preceding article.
Neither of the said parties shall permit the ships or goods belonging
to the subjects or citizens of the other to be taken within cannon
shot of the coast, nor in any of the bays, ports or rivers of
their territories, by ships of war or others having commission
from any Prince, Republic or State whatever. But in case it should
so happen, the party whose territorial rights shall thus have
been violated shall use his utmost endeavors to obtain from the
offending party full and ample satisfaction for the vessel or
vessels so taken, whether the same be vessels of war or merchant
vessels.
ARTICLE XXVI.
If at any time a rupture should take place (which God forbid)
between His Majesty and the United States, and merchants and others
of each of the two nations residing in the dominions of the other
shall have the privilege of remaining and continuing their trade,
so long as they behave peaceably and commit no offence against
the laws; and in case their conduct should render them suspected,
and the respective Governments should think proper to order them
to remove, the term of twelve months from the publication of the
order shall be allowed them for that purpose, to remove with their
families, effects and property, but this favor shall not be extended
to those who shall act contrary to the established laws; and for
greater certainty, it is declared that such rupture shall not
be deemed to exist while negociations for accommodating differences
shall be depending, nor until the respective Ambassadors or Ministers,
if such there shall be, shall be recalled or sent home on account
of such differences, and not on account of personal misconduct,
according to the nature and degrees of which both parties retain
their rights, either to request the recall, or immediately to
send home the Ambassador or Minister of the other, and that without
prejudice to their mutual friendship and good understanding.
ARTICLE XXVII.
It is further agreed that His Majesty and the United States, on
mutual requisitions, by them respectively, or by their respective
Ministers or officers authorized to make the same, will deliver
up to justice all persons who, being charged with murder or forgery,
committed within the jurisdiction of either, shall seek an asylum
within any of the countries of the other, provided that this shall
only be done on such evidence of criminality as, according to
the laws of the place, where the fugitive or person so charged
shall be found, would justify his apprehension and commitment
for trial, if the offence had there been committed. The expence
of such apprehension and delivery shall be borne and defrayed
by those who made the requisition and receive the fugitive.
ARTICLE XXVIII.
It is agreed that the first ten articles of this treaty shall
be permanent, and that the subsequent articles, except the twelfth,
shall be limited in their duration to twelve years, to be computed
from the day on which the ratifications of this treaty shall be
exchanged, but subject to this condition. That whereas the said
twelfth article will expire by the limitation therein contained,
at the end of two years from the signing of the preliminary or
other articles of peace, which shall terminate the present war
in which His Majesty is engaged, it is agreed that proper measures
shall by concert be taken for bringing the subject of that article
into amicable treaty and discussion, so early before the expiration
of the said term as that new arrangements on that head may by
that time be perfected and ready to take place. But if it should
unfortunately happen that His Majesty and the United States should
not be able to agree on such new arrangements, in that case all
the articles of this treaty, except the first ten, shall then
cease and expire together.
Lastly. This treaty, when the same shall have been ratified by
His Majesty and by the President of the United States, by and
with the advice and consent of their Senate, and the respective
ratifications mutually exchanged, shall be binding and obligatory
on His Majesty and on the said States, and shall be by them respectively
executed and observed with punctuality and the most sincere regard
to good faith; and whereas it will be expedient, in order the
better to facilitate intercourse and obviate difficulties, that
other articles be proposed and added to this treaty, which articles,
from want of time and other circumstances, cannot now be perfected,
it is agreed that the said parties will, from time to time, readily
treat of and concerning such articles, and will sincerely endeavor
so to form them as that they may conduce to mutual convenience
and tend to promote mutual satisfaction and friendship; and that
the said articles, after having been duly ratified, shall be added
to and make a part of this treaty. In faith whereof we, the undersigned
Ministers Plenipotentiary of His Majesty the King of Great Britain
and the United States of America, have singed this present treaty,
and have caused to be affixed thereto the seal of our arms.
Done at London this nineteenth day of November, one thousand seven
hundred and ninetyfour.
(SEAL.) GRENVILLE.
(SEAL.) JOHN JAY.
Letter from Thomas Jefferson to George Hammond.
PHILADELPHIA, September 5, 1793.
Sir: I am honored with yours of August 30. Mine of the 7th of
that month assured you that measures were taken for excluding
from all further asylum in our ports vessels armed in them to
cruise on nations with which we are at peace, and for the restoration
of the prizes the Lovely Lass, Prince William Henry, and the Jane
of Dublin; and that should the measures for restitution fail in
their effect, the President considered it as incumbent on the
United States to make compensation for the vessels.
We are bound by our treaties with three of the belligerent nations,
by all the means in our power, to protect and defend their vessels
and effects in our ports, or waters, or on the seas near our shores,
and to recover and restore the same to the right owners when taken
from them. If all the means in our power are used, and fail in
their effect, we are not bound by our treaties with those nations
to make compensation.
Though we have no similar treaty with Great Britain, it was the
opinion of the President that we should use towards that nation
the same rule which, under this article, was to govern us with
the other nations; and even to extend it to captures made on the
high seas and brought into our ports f done by vessels which had
been armed within them.
Having, for particular reasons, forbore to use all the means in
our power for the restitution of the three vessels mentioned in
my letter of August 7th, the President thought it incumbent on
the United States to make compensation for them; and though nothing
was said in that letter of other vessels taken under like circumstances,
and brought in after the 5th of June, and before the date of that
letter, yet when the same forbearance had taken place, it was
and is his opinion, that compensation would be equally due.
As to prizes made under the same circumstances, and brought in
after the date of that letter, the President determined that all
the means in our power should be used for their restitution. If
these fail, as we should not be bound by our treaties to make
compensation to the other Powers in the analogous case, he did
not mean to give an opinion that it ought to be done to Great
Britain. But still, if any cases shall arise subsequent to that
date, the circumstances of which shall place them on similar ground
with those before it, the President would think compensation equally
incumbent on the United States.
Instructions are given to the Governors of the different States
to use all the means in their power for restoring prizes of this
last description found within their ports. Though they will, of
course, take measures to be infomed of them, and the General
Government has given them the aid of the customhouse officers
for this purpose, yet you will be sensible of the importance of
multiplying the channels of their infomation as far as shall
depend on yourself, or any person under your direction, or order
that the Governors may use the means in their power for making
restitution.
Without knowledge of the capture they cannot restore it. It will
always be best to give the notice to them directly; but any infomation
which you shall be pleased to send to me also, at any time, shall
be forwarded to them as quickly as distance will permit.
Hence you will perceive, sir, that the President contemplates
restitution or compensation in the case before the 7th of August;
and after that date, restitution if it can be effected by any
means in our power. And that it will be important that you should
substantiate the fact that such prizes are in our ports or waters.
Your list of the privateers illicitly armed in our ports is, I
believe, correct.
With respect to losses by detention, waste, spoilation sustained
by vessels taken as before mentioned, between the dates of June
5th and August 7th, it is proposed as a provisional measure that
the Collector of the Customs of the district, and the British
Consul, or any other person you please, shall appoint persons
to establish the value of the vessel and cargo at the time of
her capture and of her arrival in the port into which she is brought,
according to their value in that port. If this shall be agreeable
to you, and you will be pleased to signify it to me, with the
names of the prizes understood to be of this description, instructions
will be given accordingly to the Collector of the Customs where
the respective vessels are.
I have the honor to be, &c., TH: JEFFERSON. GEO: HAMMOND,
Esq.
ADDITIONAL ARTICLE.
It is further agreed, between the said contracting parties, that
the operation of so much of the twelfth article of the said treaty
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, shall be suspended.
1796.
EXPLANATORY ARTICLE TO THE THIRD ARTICLE OF THE TREATY OF
NOVEMBER 19, 1794, RESPECTING THE LIBERTY TO PASS AND REPASS THE
BORDERS AND TO CARRY ON TRADE AND COMMERCE.
Concluded May 4, 1796; Ratification advised by Senate May 9, 1796.
Whereas by the third article of the treaty of amity, commerce
and navigation, concluded at London on the nineteenth day of November,
one thousand seven hundred and ninetyfour, between His Britannic
Majesty and the United States of America, it was agreed that is
should 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 boundary line, assigned by the treaty of
peace to the United States, freely to pass and repass, by land
or inland navigation, into the respective territories and countries
of the two contracting 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, subject
to the provisions and limitations contained in the said article:
And whereas by the eighth article of the treaty of peace and friendship
concluded at Greenville on the third day of August, one thousand
seven hundred and ninety-five, between the United States and the
nations or tribes of Indians called the Wyandots, Delawares, Shawanoes,
Ottawas, Chippewas, Putawatimies, Miamis, Eel River, Weeas, Kickapoos,
Piankashaws, and Kaskaskias, it was stipulated that no person
should be permitted to reside at any of the towns or the hunting
camps of the said Indian tribes, as a trader, who is not furnished
with a licence for that purpose under the authority of the United
States: Which latter stipulation has excited doubts, whether in
its operation it may not interfere with the due execution of the
third article of the treaty of amity, commerce and navigation:
And it being the sincere desire of His Britannic Majesty and of
the United States that this point should be so explained as to
remove all doubts and promote mutual satisfaction and friendship:
And for this purpose His Britannic Majesty having named for his
Commissioner, Phineas Bond, Esquire, His Majesty's ConsulGeneral
for the Middle and Southern States of America, (and now His Majesty's
Chargé d'Affaires to the United States,) and the President
of the United States having named for their Commissioner, Timothy
Pickering, Esquire, Secretary of State of the United States, to
whom, agreeably to the laws of the United States, he has intrusted
this negotiation: They, the said Commissioners, having communicated
to each other their full powers, have, in virtue of the same,
and conformably to the spirit of the last article of the said
treaty of amity, commerce and navigation, entered into this explanatory
article, and do by these presents explicitly agree and declare,
that no stipulations in any treaty subsequently concluded by either
of the contracting parties with any other State or nation, or
with any Indian tribe, can be understood to derogate in any manner
from the rights of free intercourse and commerce, secured by the
aforesaid third article of the treaty of amity, commerce and navigation,
to the subjects of his Majesty and to the citizens of the United
States, and to the Indians dwelling on either side of the boundary
line aforesaid; but that all the said persons shall remain at
full liberty freely to pass and repass, by land or inland navigation,
into the respective territories and countries of the contracting
parties, on either side of the said boundary line, and freely
to carry on trade and commerce with each other, according to the
stipulations of the said third article of the treaty of amity,
commerce and navigation.
This explanatory article, when the same shall have been ratified
by His Majesty and by the President of the United States, by and
with the advice and consent of their Senate, and the respective
ratifications mutually exchanged, shall be added to and make a
part of the said treaty of amity commerce and navigation, and
shall be permanently binding upon His Majesty and the United States.
In witness whereof we, the said Commissioners of His Majesty the
King of Great Britain and the United States of America, have signed
this present explanatory article, and thereto affixed our seals.
Done at Philadelphia this fourth day of May, in the year of our
Lord one thousand seven hundred and ninetysix.
(SEAL.) P. BOND. (SEAL.) TIMOTHY PICKERING.
1798.
EXPLANATORY ARTICLE TO THE TREATY OF NOVEMBER 19, 1794, RELEASING
THE COMMISSIONERS UNDER THE FIFTH ARTICLE FROM PARTICULARIZING
THE LATITUDE AND LONGITUDE OF THE RIVER ST. CROIX.
Concluded March 15, 1798; Ratification advised by Senate June
5, 1798.
Whereas by the twentyeight article of the treaty of amity, commerce,
and navigation between His Britannic Majesty and the United States,
signed at London on the nineteenth day of November, one thousand
seven hundred and ninetyfour, it was agreed that the contracting
parties would, from time to time, readily treat of and concerning
such further articles as might be proposed; that they would sincerely
endeavour so to form such articles as that they might conduce
to mutual convenience and tend to promote mutual satisfaction
and ,friendship; and that such articles, after having been duly
ratified, should be added to and make a part of that treaty: And
whereas difficulties have arisen with respect to the execution
of so much of the fifth article of the said treaty as requires
that the Commissioners appointed under the same should in their
description particularize the latitude and longitude of the source
of the river which may be found to be the one truly intended in
the treaty of peace between His Britannic Majesty and the United
States, under the name of the river St. Croix, by reason whereof
it is expedient that the said Commissioners should be released
from the obligation of conforming to the provisions of the said
article in this respect. The undersigned being respectively named
by His Britannic Majesty and the United States of America their
Plenipotentiaries for the purpose of treating of and concluding
such articles as may be proper to be added to the said treaty,
in conformity to the above mentioned stipulation, and having communicated
to each other their respective full powers, have agreed and concluded,
and do hereby declare in the name of His Britannic Majesty and
of the United States of America that the Commissioners appointed
under the fifth article of the above mentioned treaty shall not
be obliged to particularize in their description, the latitude
and longitude of the source of the river which may be found to
be the one truly intended in the aforesaid treaty of peace under
the name of the river St. Croix, but they shall be at liberty
to describe the said river, in such other manner as they may judge
expedient, which description shall be considered as a complete
execution of the duty required of the said Commissioners in this
respect by the article aforesaid. And to the end that no uncertainty
may hereafter exist on this subject, it is further agreed, that
as soon as may be after the decision of the said Commissioners,
measures shall be concerted between the Government of the United
States and His Britannic Majesty's Governors or Lieutenant Governors
in America, in order to erect and keep in repair a suitable monument
at the place ascertained and described to be the source of the
said river St. Croix, which measures shall immediately thereupon,
and as often afterwards as may be requisite, be duly executed
on both sides with punctuality and good faith.
This explanatory article, when the same shall have been ratified
by His Majesty and by the President of the United States, by and
with the advice and consent of their Senate, and the respective
ratifications mutually exchanged, shall be added to and make a
part of the treaty of amity, commerce, and navigation between
His Majesty and the United States, signed at London on the nineteenth
day of November, one thousand seven hundred and ninetyfour, and
shall be permanently binding upon His Majesty and the United States.
In witness whereof we, the said undersigned Plenipotentiaries
of His Britannic Majesty and the United States of America, have
signed this present article, and have caused to be affixed thereto
the seal of our arms.
Done at London this fifteenth day of March, one thousand seven
hundred and ninetyeight.
(SEAL.) GRENVILLE. (SEAL.) RUFUS KING.