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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