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Treaty of Amity
Commerce and Navigation, between His Britannick Majesty;
and The United States of America, by Their President,
with the advice and consent of Their Senate.
His Britannick Majesty
and the United States of America, being desirous by a
Treaty of Amity, Commerce and Navigation to terminate
their Differences in such a manner, as without reference
to the Merits of Their respective Complaints and
Pretensions, 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
Brittanick Majesty has named for His Plenipotentiary,
The Right Honourable 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 Honourable
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
There shall be a firm
inviolable and universal Peace, and a true and sincere
Friendship between His Britannick 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.
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 ninety six, 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 Britannick Majesty, shall be considered
as having elected to become Citizens of the United
States.
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 Sea Ports, 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
reimbarked, 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 favourable to Friendship and good
neighbourhood, It is agreed, that the respective
Governments will mutually promote this amicable
Intercourse, by causing speedy and impartial Justice to
be done, and necessary protection to be extended, to all
who may be concerned therein.
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.
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 ant of
the State meets 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.
Whereas it is alledged
by divers British Merchants and others His Majesty's
Subjects, that Debts to a considerable amount which were
bona fide contracted before the Peace, still remain
owing to them by Citizens or Inhabitants of the United
States, and that by the operation of various lawful
Impediments since the Peace, not only the full recovery
of the 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 6th Article of the Treaty of Amity, Commerce and
Navigation between His Britannick 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 Judgement, 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 then 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 impowered 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 positions, 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 Forms 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 then twelve months from the Day of the Exchange
of the Ratifications of this Treaty.
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 Colour 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 authorised 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 Britannick 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 Merchandize 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
5th 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 to be 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.
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 Expences 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.
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, be and the legal remedies incident
thereto, be regarded as Aliens.
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 impolitick 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.
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.
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 Melasses, 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 Sea Stores
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 Day 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.
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 Sea Ports and Harbours 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
Harbour, Port or 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.
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 ware houses 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.
It is agreed, that no
other or higher Duties shall be paid by the Ships or
Merchandize 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 12th 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 now subsisting difference between the
Duties payable on the importation of any articles in
British or in American Vessels.
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.
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 Vessel 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.
In order to regulate
what is in future to be esteemed Contraband of war, it
is agreed that under the said Denomination shall be
comprized 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, Musket rests, 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 Ship building, Tar
or Rosin, 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
Detension.
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, block aced or
invested by the other, and be found therein after the
reduction or surrender of such place, be liable to
confiscation, but shall be restored to the Owners or
proprietors thereof.
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 Men of war, 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 Cruize 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.
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, harbour 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.
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 endeavour 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.
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.
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 as 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 shall 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.
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.
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 what ever; 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 part 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 shew. 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 endeavours 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.
If at any Time a
Rupture should take place (which God forbid) between His
Majesty and the United States, the 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 negotiations 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.
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 Tryal, if the offence had there been
committed. The Expence of such apprehension and Delivery
shall be borne and defrayed by those who make the
Requisition and receive the Fugitive.
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 endeavour 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 signed 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 ninety Four.
GRENVILLE [Seal) JOHN
JAY [Seal]
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