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IB v -
■BPBUSTA, July r
Treaty ./aviity, commerce,
*ni NAVIGATION, between hit
Britannic Majt/ly and the Unitetd
States of America —by their Pttfl
dent, with the advice and conjent of
their Senate.
HIS Britannic Majeftf
nited state, o c America, being de
firous of a treaty of amity, commerce
•rd navigation, to terminate their 4'f
fefir.eei in Inch a manner, as
reference to the merits of their reftsc
tive complaints and jpreyfn
T>c the belt calculated
tual fatisfatiiou and .gordpifcAf“ an “
ing : And also to regulan mt commerce
and bet«cerytbeir relpedive
-'V countries, urtfltories people, in
'tG-ch a manner'as t J rerfdcr flic feme
jKjcij'rocally bdneftial and fajitfodoryj
Irf; have irarrxtTtheir ple-
TTpotemiarie’’ and g>‘« n th* in tu -'
Lowers inr'e*t of, anc?~conclude the
Jsid tliat « to ia y 5 His Bn,an '
)tfiy has named for his plenipo
tentiary, the right hon. Wm- Wynd
bam 8 iron Grenville of Wot ton, one
pf his Majesty’s privy council, and his
Majeftf’s principal of date for
foreign affairs ; and the prelideut of the
said United States, by the ad
>ice apd consent of thereof,
ha.h appointed for their plenipotentiary
the hon. John Jay, chief justice of the
said United States and their envoy ex
truordinary to his Majefly, who have
agreed on and concluded the following
articles:
Article I. There Hull be a firm,
inviolable and universal peace, and a
true and sincere fnendihip between his
Britannic majesty, his heirs and fuccelT
ors, tftd the of America ;
»nd between their refpedlive countries,
territories, cities, towns, and people cf
erery degree, without exception of per
sons or places. * **
Art. 11. His majesty will withdraw
all his troopS **wJWarrilons from ail
ports and placed whfain the boundary
lines afligned by the treaty of peace to
the U. States. This evacuation (hall
take place on or before the trt of June.
1796, and alljhr proper meafurbs ifiall
in the imervlH>e taken by concert be.
tween the of the United
States, and his Majesty’s governor ge
neral in America, for fettling the pre
vious arrangements which may be tie
cedar? relpedting the delivery of the
said polls : The U. States in the mean
time at their diferetion, extending their
settlements to any part within the laid
boundary line, except within the pre
cinct, „• jurildittion ot (lie (aid polls,
shall continue to eujoy, unmolested, all
their property of every kind, and /hall
he protefled therein. They (hall be at
liberty to remain there, or to remove
with all or any part of tlieir etfecls; and
it (hall all'o be free to them to fell tlieir
lands, houses or e/Ftnfts, or to retain the
property tnereof at their diferetion ;
Inch of them as shall continue to relide
within the said boundary lines shall not
be compelled to become citizens of the
U. States, or to take any oath cf alle
glance to the government thereof, but
they shall be at full liberty so to do, if
they think proper, and they (hall make
and declare their eleftion within me
year after tha evacuation aforefaid.
And all persons who fitall continue
there after the expiration of the said
year, without having declared their in
tention of remaining fubjetits es his Bn
tannic majerty, shall be confklered as
having negle£led to become citizens of
the United States-
Art. 111. It is agreed that it shall
at all times be free to his majesty’s fub
jefls, and to the ci.izent of the U. States
and alio to the Indians dwelling on ei
ther fide ®f the said boundary fine,
freely to pass and repafs by land or in
land navigation, into the refpe&ive ter
ritories and countries of the two parties
on the continent of America [the coun
try within the limits of the Hudlon’s
Bay company only excepted] and to
navigate all the lakes, rivers, and wa
ters thereof, and freely to carry on
trade and commerce with each other
But it is understood, that this article
does not extend to the admilßon of vel*
fels of the United States into the ports
■htrbor o , b3_vs or creeks of his niijefty’s
laid territories; nor into such parts of
the riverain his majelly’s said ten itories
as are between the mouth thereof, and
the highest part of the entry from the
fca, except in /'mail vessels trading bona
fide between Montreal and Quebec, un
der such regulations as shall be esta
blished to prevent the possibility of any
frauds in this refped- Nor to the ad
million of Briti/h veflels from the sea
into the rivers of the U. States, beyond
the h’gti.n p orto of *n*rj» sos for#>gtl I
I vessels from the sea. The rivet Missis
sippi, shall, however, according to the
[ treaty of peace, be entirely open to bcih *
it *s .-..,.er agreed that,
til the ports and places on the eastern
t| J«, to theparties be
longing m *y frsc, 7 bd to, and
uled by’both in « ample a man.
net as any of the atlani.J pIaC;J J
of t;e U States, or any of the ports or
pi ices o his majelly in Great Britain-
All good* and merchandize whose
importa on into .us majesty’s said terri
tories in A netica, fitall not be entirely
prohibited. maydfreely. for the purpo
fes of commerce he carried into the
fame in the manner aforefaid by the ci .
tiZjenscf the U. States, and such go&ds
»Hd merchandize fitall be fubjeft to no
higher or other duties than would be
payable by his maje lv’s fubjerts on the
Importation of the fame from burope to
the said territories. And in like man
ner alt goods and merchandize whose
importation into the U. States fitall not
be v/holly prohibited, may freely for
the purposes of commerce, be carried
into the fame, in the manner aforefaid,
by his majetty’s fubjecls, and such goods
and merchandize shall be fubjeft to no
higher or other duties than would be
payable by the citizens of the Ujcted
States on he importation
American *ellels isio the
of the laid llates. And all goods not
prohibited to be exported from the laid
territories, relpecliveiy, may in like
manner be eaVried out of the fame by
the t wo parties rel'pertiv'ely, p tyingdu
ty as aforefaid
No duty of entry fitall ever be levied
by either party on peltries brought by
land, or inland navigation into the said
territories respectively, nor flialithe In
dians palling orrepafiing with their own
proper goods and effedls of whatever
nature, pay for the fame any import 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 pay
able by natives, (hall be demanded on
either fide; and no duties fitall be pay
able on any goods which fitall merely
be carried over any of the portages or
carrying places on either fide, for the
purpose of being immediately reimbar
ked and carried to feme other place or
places. But hs by this stipulation it is
only meart to I'ecure to each party a
free palfage acrois the portages on each
fide, it is agreed that this exemption
from duty fitall extend only to such
goods as are carried in the usual and
diredl road across the portage, and are
not attempted to be fold or exchanged,
during their palfage tarots thwfame, &
proper regulations may be efiabliihed
to prevent the possibility of any frauds
in tins relpect.
As this article is intended t 6 render
in a great degree the local advantages
of each party common to both & there
by to promote a Uilpofitioti favorable to
ftiendlliip and good neighbourhood, it
is agreed that the refpeclive govern
ments tviil mutually promote this anti
cable intercourse, by causing speedy & '
imptrtial justice to be done, and necef
fary proteilion to be extended to all who
may be concerned therein.
Art. IV. Whereasit is uucertaln whe.
titer the river Milliiippi extends so far
to the not thward as to be interfered by
a l’ne to be drawn due weft from the
lake of the woods in the manner menti
one! in the f£ae» between his
majifty and the U. States, it is agreed,
that measures fitall beTaken in concert
between his m ijelty’s. government in
Amtrica and the government of the
U- States, for making a joint survey of
the aid river front one degree of lati
tude below the falls of St. Anthony, to
the principal fburces of the said ri
vcr.and also of the parts adjacent there
to; and that if on the result of luch fur
vey, it fiiould appear that the said river
would not be interfered by such a line
as is abevementioned, the two parties
will thereupon proceed by amicable ne
gotiation to regulate the boundary line
in that quarter, as well as all other
points to be adjutted between the fain
parties, according to justice and mutual
convenience, and in conformity to the
intent of the said treaty.
Art. V. Whereas doubts have ari«
fen what river wt s truly intended un
der the name of the river St. Croix,
mentioned in the (a ' d treaty of peace,
and forming a part of the boundary
therein defcrilVid, that question (hall
be referred to/thefiral decision of com
millioners to .be appointed in the tol
lowing manner, viz.
One con(i'miflioner shall be nzmed by
his rnajeft r, and one by the president
of the United States, by and with the
advin andebnfent of the senate there
of, and the laid twocomffliffioners fitall
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 fitail be drawn bv lot
in the presence of the two original com
-1 million"-:, Ard the three couimiffioa
- i *r« so vs nicted, fhalj bft sworn impar
tially to examine and decide the laid
qi'eftion according to such evidence as
tliall refoeftively be laid betore ithem
on thj part of the Britilh government
and of the United States. The laid
lhall meet at Halifax, and
lliall hive power iff adjourn to loch o
ther place or places as they lhall think
fit. They Hull have power to appoint
a fecretarv, and to employ such fur »'ey
ors or other perions as they fliail judge
necellarv. Tte laid, commissioners
>hall by a declaration ur.derxheir Lauds
and feals'decide what river is the river
St. Croix i tended by foe treaty. The
laid declaration lhall contain a deferip
tion of the said river, and Itall parti
cular ze the latitude and longitude of
its m i and of its source. du
plicates of iis declaration and of
the ftattments of their account * and ;
of ths journal of their proceedings ;
I lull be delivered by them to the agent j
of his niajefty and to the agent cf the ,
United States, who may be refppelive- ;
!y appointed.md authorized to manage |
the bufmefs o? behalf of the refpeft- ’
ive governments. And both Dirties a ■
gree to confic’er such dccifion as final
and conclufivc, so asthatth# fame /hall i
never thereafter be called into queiti- j
on. or made the fubjeft of dispute or ;
difference between them. j
Art- VI Whereas it is alledged
Wyd vers Britilh merchants and others
nis tnajefty’s lobjeft;, that debts to a
conlideruble amount, which were bc> a
fide contrasted before the peace, Bill
remain owing to them by citizens or in
habitants of the United States, and
that by the operation of various lawful
iiopeditneww llnce the peace, not Only ;
the full recovery of the said debts has |
been delayed, but alfp the value and j
security thereof have been, in several j
inftanees, impaired and lellened, so l
that by the ordinary course of judicial
proceedings, ths Bri'ifh creditor can :
not now obtain, and aftuallyhaye and
receive, full and adequate compenCati
on for the loifc' and uamages which they
have thereby sustained : it is agreed,
that in such cases where full contpenfa
tion far such losses and damage- Cannot
for whatever reason be aftually obtain
ed, had and received by the said credi
tors in the ordinary courle of juffice.
the United States will make full and
complete compegfation for the fame to
the said creditors: but it is dtftiiiclly
underflood, that this provision is to ex
tend ro fucii losses only as have hecn
occasioned hr the lawful impediments
aforefaid, and is not to extend to ( loj|fes
■rcafioned • y such insolvency of the
debtors or other esufes as would equal,
ly have operand to produce luch ItJIV,
if itie foiU i'uprediments had not exiiteri,
mr to such lotiffl or damages as J
seen occasioned by the ntanifeft delay 1
or negligence, or willful ormllioh of the |
cl timant.
For the purpose of afcertam'mg the
.mount of any f.ich lolies and damag
es, live commitiiouers (hall be appoint
ed, and authorized to meet and jft in
manner following, viz. Two of them J
lliall be appointed by his mdjefty, two ,
of them by the prefiJent of the United
States by and with the advicte and con
sent of the fenite thereof, and the fifth
by the unanimous voice of the other
four; and if ffiey (hould not agree in
luch choice then the commillioners
named by the two parlies (ball refpeft
iveiy propose one person, and of the
two names fu proposed, one lhall be
drawn by lot in the. prefenee of the
four original tomniifiioners. W lien the
five Commiffiouers thus appointed lliall
firft meet, they lhall, before they pro
ceed to aft refpeftively, take the fol.
lowing oath or affirmation, in-thfe pre
sence of each other, which oath or af
firmation be ng so taken and tfuly at
telted, lhall be entered on the record
of their proceedings, viz—l, A B.
one of the commifiioners appointed In
pursuance of the 6th article of the trea
ty »f amity, comn erce and navigation,
between his Britannic majefiy and the
United States of America do foletnnly
(wear, or affirm, that I will hor.eftiy,
feligently, impartially, and carefully
examine, and to the belt of my judg
ment, according to justice and equity,
decide all such complaints, as under
the said article lhall be preferred to the
laid commifiioners; and that I will for
bear to aft as a ccmmifiioner in any
case in which I may be perlonally in
terested.
Three of the said commifiioners (hall
constitute a board, and (hall have pow
er to do any aft appertaining to the said
commission, provided that one of the
commifiioners named on each fide, and
the fifth commiflioner lhall be present,
and all deeifions lhall be made by the
major*/ of the voices of the commif
fioners then present, 18 months from
the Jay on which the said commillioners
lhall form a board, and be ready to
proceed to bufmefs, are assigned for re
receiving complaint?, and applications;
i
but they are neveithnleis authorized in
any particular cases in which it lhall
appear to them to be reasonable and
just, to extend the laid term of eigh
teen month; for any term cot exceeding
fix months, after the expiration there
of. The said corumiflioner. lhall firft
meet at Philadelphia, but they ILa'l
haiv power to adjourn from place to
plat, - as they frail let» cause.
Tne said commiiliejjiers in examining
the complaints and applications so pre
fered to them, are empowered and re
quired, in pursuance of tije tr.'e intent'
and meaning of this article, to take in
to their conlideiation all claims, whe
ther of principal or ictereft, or balan
ces of principal and ftnereft, and. to
determine the famerefpeftively, accor
ding to the merits of tire ieveral cases,
due regard being had to all the circum
i stances thereof, and as equiiy and juf
; tice lhall to them to require,
j And the laid commiflioners Ihuii have
power to examine all such persons as
| (hall coma before them on o€th or affir
| inati'irt touching the prsmifes ; atid al
r so to receive ill Evidence according as
i they may think molt confident with e
' quity and .justice, all written do'pofiti
[ ons, or books, or papers, or copies, or
I extrafts thereof, every such depotAjcnj
book, or paper, or copy, or extra.Re
j ing duly authenticated, cither accord
! ing to the legal forms now refpeftively
existing in the two countries 4) or in such
other manner as the fa id»omnii'Loners
lhall fee cause to allow.
The award of the laid cornmilEoners
or of any three of them as aforefaid,
lhall in all cases be final and conclusive
both as to the jullite of the claim, and
| to the amount of the futn to be paid to
I the creditor or claimant: and the Uni
* ted States undertake, to ciufe the furo
! so awarded so be paid in specie to such
creditor or claimant without deduction;
and at such time or times, and at such
; place or places as lhall be awarded by
the said commifiioners; and on condi
tion of such releases or alignments to
be given by the creditor or claimant,
as bv the said commifiioners may bed!
rested : provided al vays, that no such
payment lhall be fixed by the said com
missioners to take place sooner than
twelve months from of the ex
change of the ratifications of this treaty.
Art. VII- Whereas complaints
have been marie by divers merchants
and others, citizens of the United
State;, that during the course of the
war in which his majesty is now engag
cd', they have sustained confider<«ble
losses and damage, by renlbn of irre
gular or illegal captures or condemna
turns of their veliels and other proper
ty under color of authority or commif
finne from h',s mnj-fty. and that from
j various circnmflances belonging to the
t said cases, adequite •comptnfation for
| thi losses and damages so luftuined can
not now be actually obtained, had and
• received by the ordinary course of ju
dicial proceedings; it is agreed, tnat
in all luch cases where adequate Com
penfation cannot, for whatever reason,
j be now actually obtained, had and re
ceived by the said merchants and others
in the ordinary course of justice, full
and complete cortipehfation for the fame
will be made forthe fame will be made
by the Britilh government to the said
complainants. But is diftinftly un„-
derftood that this provision is not to ex
tend to such losses or damages as have
been occasioned by the manileft delay
or negligence, or wilful omifliun of the
claimants.
That for the purpose of ascertaining
the amount of any such Idles and da
mages, five ■commillioners lliall be ap
pointed and authorifed to aft in Lon
don, exactly in the manner direfted with
refpeft to thole mentioned in the pve
ceding article, and after having taken
the fame oath or affirmation (mutatii
mutandis) the fame term of 18 months
is assigned for the reception of claims,
and they are in like manner authorifed
to extend the fame in particular cases.
They fh'll receive testimony, books,,
papers, and evidence in the fame lati
tude, and exercise the like difcretien
and powers refpeftingthat fubjeft ; and
lhall decide the claims in qutftion ac
cording to the merits of rhe several
cases, and to justice, equity, and the
laws of nations. The award of the said
commifiioners, or any luch three of
them as aforefaid, lliall in all cases be
final ahd conclusive, both as to the juf
tice of the claim, and the amount of the
sum to be paid to the claimant; and his
Britannic majesty undertakes to cause
the fame to be paid to such claimant
in specie, without any deduft.on, at
such place or places, and at *uch time
or times as lliall be awarded Ly the said
commifiioaers, and on condition of frch
releases or aflignttients-tobe given by the
claimants, as by the said commillioners,
may be direfted.
Artd whereas certain merchants and
others his majetly’s i'ubjefts complain
that in the course of the war they have
i they arrive in an? port ®f hirtof ifldK,
fulUined loss and damage by rsafon Os
the capture of the veijeis and merchan
dize taken within the litiiita and juris
diction of the ftaies, and brought mt?
the parts of the fame, or taken by *cf
i'els original!/ armed in font of the
said Hates.
It is agreed, that in a!; futh cafe*,
where petlitmion lhall net here been
mad* agreeably to the :tlior of the let-*,
ter from Mr. JeSerfod to &•#« H*B*»
mond, dated at Phikdelpbit, Sept j,
i 793, a cop/ which i* annexed tn
this treat/ ; the eonpLijrt* of the par*
ties (hall be and hereby pro referred to
„ the ccmmjiEoners to he appointed by
virtue of this article, jtlu Aft hereby
authorifed and required to pr« Med ip
the like manner relatfr/rto tfaeu m to
the ether tales committed to them? ond <
the United States undertake to pa/ to
the complainants or claimant»io Ipecie,
without deduct ion. the arcettlit of fueh
sums as fltal] be awarded *o them re
fpeftivel/ b/ the laid commiAfepro, ft •
at the times and plates which >n such a
wards fhallbe fpecihed; and on condi*
tion cf such releases or affigniccnts to
be given by the claimants as in the said
.awards m.-i/ be
ther agreed, that not cnnowex
ifling cases of both deferiptionsbut all*
all such »s ftaii extft at the time of ex
changing the ratification? of tbi* treaty
Hull be confdertd as being within the
providers, intent and meaning of this
article.
A‘t. VIII.* It isfuriher agreed, that
the commillioners mesit.oned in this and
in the two preceding articles ljiill b«
refpefUvel/ paid in such manner as
Ihali he agreed between the tw o par.
ties; such agreement being to be sett.
led at the tin e of the exchange of the
ratifications of this treat/. And ail
other expences attending the said com
missioners lhall be defrayed jointly bp
the two parlies, the fame being previ
ously afeertained and allowed bp the
majority of the commitlioners. And in
cate of death, fcknefs or necefTary ab
sence, the place of every such corn
million er rei'peftively lhall be supplied
in the fame manner as iuthcoimniffioner
was firlt appointed, ar.d the new cotn
mtffioners Ihali take the fame oath or
affirmation and do the fame duties.
Aft. IX. ft. is agreed that Briti/U
fubjeflswho bow held lands in the ter
ritories of the U States, and American
citizens who now hold lands in the do
minions of his m ijtfty, fiiall continue
to hold them accor iing to the nature
and tenure of their refpertive tftates and
titles therein ; and may grant, fell or
devise the fame to whom they pleaie,
in like manner 3S if they were natives;
and that neither they nor their heirs or
afiigns ihali, so far as m iy refpedt the 1
said lands and the legal remedies inci«
dent thereto, be regarded as aliens.
Art. X. Neither the debts due from
individuals of the one nation to indivi
duals of the o'her, nor limes nor mo
nies which they tray have in the public
f inds, or in the public or private banks
lhall ever in any event of war or-.na
tlonal differences be lequeftered or con
hfcated, it being utijuft and impolitic
that debts and engagements contracted
and made by individuals having confi
dence in each other and in their re*
fpeflive governments Ihould ever be
dellroyed or impaired by national au
thority on account of national differen
ces and difeontents.
Art. XI. It is agreed between h«»
majesty and the U. States of America,
that there lhall be a reciprocal and en
tirely perfect liberty of navigation and
commerce between their refpertive peo
ple, in the manner, under the limitati
ons and on the conditions fpecified ill
the following articles.
Art. XII. His majesty confentsthat
it ihali and may be lawful during -the
time herein after limited, forthe citizens
of the United States to carry to any of
his majetly's ifland# and ports in the
Weft lndiesfrom theU Stater.intheit
own veflels, not being above the burden
of 70 tons, any goods or merchandizes
being the growth, man ufa flu re or pro
duce of the said fta’es, which it is or
may be lawful to carry to said iflandj
or ports from the laid Hates in Britiil).
veiiels ; and that the said American
veflels (hail be futject there to no other
or higher tonnage, duties or charges,
than lhall be payable br Brill sh veiiels
in the ports of the U States; andthat
the cargoes of the ftid American veftels
(ball be fubjed there to no other or
h : gher duties or charge*, than Hull be
payable on the like ?;,Vicles if imported
there from the fx'.d States in Britlfh
VClTels.
And his majesty also contents that it
(hall be Jarful for the said American
citizens to purchase, load az»d carry «-
way in their said reffels to the U. States
from the said islands and poru ail fuel)
articles being of the growth, manufac
ture and produce of the said iiknds, as
j may no w by law be carried from theaca