Treaties of amity and commerce, and of alliance eventual and defensive, between His Most Christian Majesty and the thirteen United States of America; The definitive treaty between Great-Britain and the thirteen United States of America; and The treaty of amity, commerce, and navigation, between His Britannic Majesty and the United States of America.

TREATY of Amity, Commerce, and Navigation, between his Britannic Majesty and the United States of America, conditionally ratified by the Senate of the United States, at Philadelphia, June 24, 1795.

HIS Britannic 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 re|ciprocally beneficial and satisfactory; they have, respec|tively, named their Plenipotentiaries, and given them full power to treat of, and conclude, the said Treaty, that is to say: his Britannic Majesty has named for his Plenipo|tentiary, the Right Honorable William Windham, Baron Grenville, of Wotton, one of his Majesty's Privy Coun|cil, and his Majesty's Principal Secretary of State for Fo|reign Affairs; and the President of the said United States, by and with the advice and consent of the Senate thereof, hath appointed for their Plenipotentiary, the Honorable John Jay, Chief Justice of the said United States, and their Envoy Extraordinary to his Majesty, who have agreed and concluded the following articles:

ARTICLE I.

There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between his Britannic Majesty, his heirs and successors, and the United States of America; and between their respective countries, ter|ritories, cities, towns, and people of every degree, with|out exception of persons or places.

ARTICLE II.

His Majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines as|signed 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 re|specting 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 boun|dary 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 lib|erty 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 com|pelled to become citizens of the United States, or to take any oath of allegiance to the government thereof; but 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, with|out having declared their intention of remaining subjects of his Britannic Majesty, shall be considered as having elected to become citizens of the United States.

ARTICLE III.

It is agreed, that it shall, at all times, be free to his Majesty's subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line, freely to pass and repass by land or inland navigation, into the respective territories and countries of the two parties, on the continent of America (the country within the limits of the Hudson's bay company only ex|cepted) and to navigate all the lakes, rivers, and water•• 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, harbors, 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 there|of, and the highest port of entry from the sea, except in small vessels trading bona fide between Montreal and Que|bec, under such regulations as shall be established to pre|vent 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 vessels from the sea. The river Missisippi shall, how|ever, 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 en|tirely prohibited, may freely, for the purposes of com|merce, 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 terri|tories. 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 com|merce, be carried into the same, in the manner aforesaid, by his Majesty's subjects, and such goods and merchan|dize 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 respec|tively, 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 ef|fects, of whatever nature, pay for the same any impost or duty whatever. But goods in bales, or other large pack|ages, 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 be merely 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 establish|ed to prevent the possibility of any frauds in this respect.

As this article is intended to render in a great degree the local advantages of each party common to both, and thereby to promote a disposition favorable to friendship and good neighborhood, it is agreed, that the respective gov|ernments will mutually promote this amicable intercourse, by causing speedy and impartial justice to be done, and necessary protection to be extended to all who may be concerned therein.

ARTICLE IV.

Whereas it is uncertain whether the river Missisippi 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 Unit|ed 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 said river, and the parts adjacent thereto; and that if on the result of such survey, it should appear that the said river would not be inter|sected by such a line as is above mentioned, the two par|ties will thereupon proceed by amicable negociation, to

regulate the boundary line in that quarter, as well as all other points to be adjusted between the said parties, ac|cording to justice and mutual convenience, and in con|formity to the intent of the said Treaty.

ARTICLE V.

Whereas doubts have arisen what river was truly in|tended 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 refer|red to the final decision of Commissioners to be appoint|ed 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 Com|missioners. And the three Commissioners so appointed, shall be sworn, impartially to examine and decide the said question, according to such evidence as shall respec|tively be laid before them on the part of the British gov|ernment and of the United States. The said Commission|ers shall meet at Halisax, 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 neces|sary. 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 par|ticularize the latitude and longitude of its mouth and of its source. Duplicates of this declaration and of the state|ments of their accounts, and of the journal of their pro|ceedings, 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 in question, or made the subject of dispute or differ|ence between them.

ARTICLE VI.

Whereas it is alledged by divers British merchants and others his Majesty's subjects, that debts to a considerable amount, which were bona fide contracted before the peace, still remain owing to them by citizens or inhabitants of the United States; and that by the operation of various lawful impediments since the peace, not only the full re|covery 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 ob|tain, and actually have and receive full and adequate com|pensation 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 can|not, 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 oc|casioned by such insolvency of the debtors, or other causes as would equally have operated to produce such a loss, if the same 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 or 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 Com|missioners. When the five Commissioners thus appointed shall first meet, they shall, before they proceed to act, re|spectively 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 Com|missioners appointed in pursuance of the sixth article of the Treaty of Amity, Commerce, and Navigation, be|tween his Britannic Majesty and the United States of America, do solemnly swear, or affirm, that I will hon|estly, diligently, impartially, and carefully examine, and to the best of my judgment, according to justice and equity, decide all such complaints, as, under the the said article, shall be preferred to the said Commis|sioners: and that I will forbear to act as a Commis|sioner, in any case in which I may be personally inter|ested.

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 Com|missioners named on each side, and the fifth Commission|er, shall be present, and all decisions shall be made by the majority of the voices of the Commissioners then pre|sent. Eighteen months from the day on which the said Commissioners shall form a board, and be ready to pro|ceed to business, are assigned for receiving complaints and applications; but they are nevertheless authorised in any particular cases in which it shall appear to them to be reasonable and just, to extend the same term of eigh|teen months for any term not exceeding six months, after the expiration thereof. The said Commissioners shall first meet at Philadelphia, but they shall have power to adjourn from place to place as they shall see cause.

The said Commissioners in examining the complaints and applications so preferred to them, are empowered and required, in pursuance of the true intent and meaning of this article, to take into their consideration all claims, whether of principal or interest, and balances of principal or interest, 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 jus|tice shall appear to them to require. And the said Com|missioners shall have power to examine all such persons as shall come before them, on oath or affirmation, touch|ing the premises; and also to receive in evidence, accord|ing as they may think most consistent with equity and

justice, all written depositions, or books, or papers, or copies or extracts thereof, every such deposition, book, or paper, or extract, being duly authenticated, either ac|cording to the legal forms now respectively existing in the two countries, or in such other manner as the said Com|missioners 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 con|clusive, both as to the justice of the claim, and to the amount of the sum to be paid to the creditor or claimant: and the United States undertake to cause the sum so awarded to be paid in specie to such creditor or claimant without deduction; and at such time or times, and at such place or places as shall be awarded by the said Commissioners; and on condition of such releases or assignments to be given by the creditor or claimant, as by the said Commissioners may be directed: Provided always, that no such payment shall be fixed by the said Commissioners to take place sooner than twelve months from the day of exchange of the ratification of this Treaty.

ARTICLE VII.

Whereas complaints have been made by divers mer|chants 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 con|demnations of their vessels and other property, under co|lour 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 com|pensation 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 distinct|ly understood that this provision is not to extend to such losses or damages as have been occasioned by the mani|fest delay or negligence, or wilful omission of the claimants.

That for the purpose of ascertaining the amount of any

such losses and damages, five Commissioners shall be ap|pointed and authorised 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 eigh|teen 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 ex|ercise the like discretion and powers respecting that sub|ject; 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 Commission|ers, or any such three of them as aforesaid, shall, in all cases, be final and conclusive, both as to the justice of the claim and the amount of the sum to be paid to the claimant; and his Britannic Majesty undertakes to cause the same to be paid to such claimant in specie, without any deduction, at such place or places, and at such time or times as shall be awarded by the said Commissioners, and on condition of such releases or assignments to be given by the claimants, as by the said Commissioners may be directed.

And whereas certain merchants and others his Majes|ty's subjects complain, that in the course of the war, they have sustained loss and damage, by reason of the cap|ture of the 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, Sept. 5, 1793, a copy of which is annexed to this Treaty; the complaints of the parties shall be and hereby are referred to the Commissioners to be appointed by virtue of this article, who are hereby authorized and required to proceed in the like manner relative to these as to the other cases committed to them; and the Uni|ted States undertake to pay to the complainants or claim|ants 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 re|leases or assignments to be given by the claimants as in the said awards may be directed: And it is further agreed, that not-only the now existing cases of both de|scriptions, but also all such as shall exist at the time of exchanging the ratifications of this Treaty, shall be con|sidered as being within the provisions, intent, and mean|ing of this article.

ARTICLE VIII.

It is further agreed, that the Commissioners mentioned in this and the two preceding articles, shall be respectively paid in such manner as shall be agreed upon by the two parties; such agreement being to be settled at the time of the exchange of the ratifications of this Treaty. And all other expenses attending the said commissions, shall be defrayed jointly by the two parties, the same being previously ascertained and allowed by the majority of the Commissioners. And in the case of death, sickness, or necessary absence, the place of every such Commissioner respectively, shall be supplied in such manner as such Commissioner was first appointed, and the new Commis|sioners shall take the same oath or affirmation, and do the same duties.

ARTICLE IX.

It is agreed, that British subjects who now hold lands in the territories of the United States, and American cit|izens who now hold lands in the dominions of his Ma|jesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein; and may grant, sell or devise the same to whom they please, in like manner as if they were natives; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident thereto, be regarded as aliens.

ARTICLE X.

Neither the debts due from individuals of the one na|tion to individuals of the other, nor shares, nor monies which they may have in the public funds, or in the pub|lic or private banks, shall ever in any event of war or na|tional differences, be sequestered or confiscated, it being unjust and impolitic, that debts and engagements con|tracted

and made by individuals having confidence in each other, and in their respective governments, should ever be destroyed or impaired by national authority, on account of national differences and discontents.

ARTICLE XI.

It is agreed, between his Majesty and the United States of America, that there shall be a reciprocal and entirely perfect liberty of navigation and commerce between their respective people, in the manner, under the limitations, and on the conditions specified in the following articles:

ARTICLE XII.

His Majesty consents, that it shall and may be lawful during the time herein after 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 merchandises, 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 Ameri|can vessels shall be subject there to no other or higher tonnage duties or charges, than shall be payable by Brit|ish 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 car|ry and land their cargoes in the United States only, it being expressly agreed and declared, that during the con|tinuance of this article, the United States will prohibit and restrain the carrying away any molasses, sugar, coffee, cocoa or cotton in American vessels, either from his Ma|jesty'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 ves|sels shall be subject to no other or higher duties or charg|es, than shall be payable on the same articles, if so im|ported or exported in American vessels.

It is agreed, that this article and every matter and thing therein contained, shall continue to be in force dur|ing 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 fur|ther to regulate their commerce in this respect according to the situation in which his Majesty may then find him|self 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 endea|vour 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 con|duct towards each other in these respects, shall be regula|ted by the articles herein after inserted on those subjects.

ARTICLE XIII.

His Majesty consents, that the vessels belonging to the citizens of the United States of America, shall be admitted and hospitably received, in all the 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 expor|tation 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 what|ever, 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 admit|ted 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 regu|lations 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 under|stood 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 terri|tories; 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 territo|ries, 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 estab|lished 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 Brit|ish government may from time to time establish there.

ARTICLE XIV.

There shall be between all the dominions of his Majesty in Europe and the territories of the United States, a re|ciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries respec|tively, shall have liberty freely and securely, and without hindrance and molestation, to come with their ships and cargoes to the lands, countries, cities, ports, places, and rivers, within the dominions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time. Also to hire and possess houses and warehouses for the purposes of their commerce, and generally the merchants and tra|ders on each side, shall enjoy the most complete protection and security for their commerce; but subject always, as to what respects this article, to the laws and statutes of the two countries respectively.

ARTICLE XV.

It is agreed, that no other or higher duties shall be paid by the ships or merchandise of the one party in the ports of the other, than such as are paid by the like vessels or merchandise of all other nations. Nor shall any other or higher duty be imposed, in one country, on the im|portation of any articles of the growth, produce, or manu|facture of the other, than are or shall be payable on the importation of the like articles being of the growth, pro|duce, 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 equal|ization of the duties on the respective navigation of their subjects and people, in such manner as may be most bene|ficial to the two countries. The arrangements for this purpose shall be made at the same time, with those men|tioned at the conclusion of the twelfth article of this Treaty, and are to be considered as a part thereof. In the interval, it is agreed, that the United States will not impose any new or additional tonnage duties on British vessels, nor increase the now subsisting difference between the duties payable on the importation of any articles in British or in American vessels.

ARTICLE XVI.

It shall be free for the two contracting parties, respec|tively to appoint consuls for the protection of trade, to reside in the dominions and territories aforesaid; and the said consuls shall enjoy those liberties and rights which belong to them by reason of their function. But before any consul shall act as such, he shall be in the usual forms approved and admitted by the party to whom he is sent; and it is hereby declared to be lawful and proper, that in case of illegal or improper conduct towards the laws or government, a consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assigning to the other their reasons for the same.

Either of the parties may except from the residence of consuls such particular places, as such party shall judge proper to be so excepted.

ARTICLE XVII.

It is agreed, that in all cases where vessels shall be cap|tured 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 re|covery of any indemnification, adjudged or agreed to be paid to the master or owner of such ships.

ARTICLE XVIII.

In order to regulate what is in future to be deemed contraband of war, it is agreed, that under the said de|nomination shall be comprised all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenadoes, carcasses, saucisses, carriages for cannon, muskets' rests, bandoliers, gun powder, match, salt-petre, ball, pikes, swords, head-pieces, cuirasses, halberds, lances, javelins, horse furniture, holsters, belts, and generally all other implements of war; as also timber for ship-building, tar or rozin, copper in sheets, sails, hemp and cordage, and generally whatever may serve directly to the equipment of vessels, unwrought iron and sir-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 inconveniencies and mis|understandings which might thence arise: It is further agreed, that whenever any such articles so becoming con|traband, according to the existing laws of nations, shall for that reason be seized, the same shall not be confisca|ted, but the owners thereof shall be speedily and com|pletely 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 there|on, together with the freight, and also the demurrage in|cident to such detention.

And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is either besieged, blockaded, or invested; it is agreed, that every vessel so circumstanced, may be turned away from such port or place, but she shall not be detained, nor her cargo, if not contraband, be con|fiscated,

unless after notice she shall again attempt to enter; but she shall be permitted to go to any other port or place she may think proper: Nor shall any vessel or goods of either party, that may have entered into such port or place, before the same was besieged, blockaded or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confisca|tion, but shall be restored to the owners or proprietors thereof.

ARTICLE XIX.

And that more abundant care may be taken for the secu|rity 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 cruise, contrary to the tenor of this Treaty, or to the laws and instructions for regulating their con|duct; 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 sen|tence 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 de|livered to the commander of the said vessel, without the smallest delay, he paying all legal fees and demands for the same.

ARTICLE XX.

It is further agreed, that both the said contracting par|ties, 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 punish|ment all such inhabitants as shall be guilty of such acts or offences.

And all their ships, with the goods or merchandises taken by them and brought into the port of either of the said parties, shall be seized as far as they can be discover|ed, 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 admi|ralty for proving the property) even in case such effects should have passed into other hands by sale, if it be prov|ed that the buyers knew, or had good reason to believe, or suspect that they had been piratically taken.

ARTICLE XXI.

It is likewise agreed, that the subjects and citizens of the two nations, shall not do any acts of hostility or vio|lence against each other, nor accept commissions or in|structions so to act from any foreign prince or state, ene|mies to the other party; nor shall the enemies of one of the parties be permitted to invite, or endeavor to enlist in their military service any of the subjects or citizens of the other party; and the laws against all such offences and aggressions, shall be punctually executed. And if any subject or citizen of the said parties respectively, shall accept any foreign commission, or letters of marque, for arming any vessel to act as a privateer against the other party, and be taken by the other party, it is hereby de|clared to be lawful for the said party to treat and punish the said subject or citizen, having such commission or let|ters of marque, as a pirate.

ARTICLE XXII.

It is expressly stipulated, that neither of the said con|tracting parties will order or authorize any acts of reprizal

against the other, on complaint of injuries or damages, until the said party shall first have presented to the other a statement thereof, verified by competent proof and evi|dence, and demanding justice and satisfaction, and the same shall either have been refused or unreasonably de|layed.

ARTICLE XXIII.

The ships of war of each of the contracting parties shall at all times be hospitably received in the ports of the other, their officers and crews paying due respect to the laws and government of the country. The officers shall be treated with that respect which is due to the commis|sions which they bear, and if any insult should be offered to them by any of the inhabitants, all offenders in this re|spect shall be punished as disturbers of the peace and am|ity between the two countries.—And his Majesty con|sents, 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 or|dinary cases claim to be admitted, she shall, on manifest|ing that necessity to the satisfaction of the government of the place, be hospitably received and permitted to resit, 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 resitted. Nor shall she be permitted to sell any part of her cargo, unless so much only as may be necessary to defray her expenses, and then not without the express per|mission of the government of the place. Nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforesaid.

ARTICLE XXIV.

It shall not be lawful for any foreign privateers (not being subjects or citizens of either of the said parties) who have commissions from any other prince or state in en|mity with either nation, to arm their ships in the ports of either of the said parties, nor to sell what they have tak|en,

nor in any 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 commis|sions.

ARTICLE XXV.

It shall be lawful for the ships of war and privateers belonging to the said parties respectively, to carry whither|soever they please, the ships and goods taken from their enemies, without being obliged to pay any see to the of|ficers of the admiralty, or to any judges whatever; nor shall the said prizes when they arrive at, and enter the ports of the said parties, be detained or seized; neither shall the searchers or other officers of those places visit such prizes (except for the purpose of preventing the car|rying of any part of the cargo thereof on shore in any manner contrary to the established laws of revenue, navi|gation, or commerce) nor shall such officers take cogniz|once 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 con|trary 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 fu|ture, 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, repub|lic, or state whatever. But in case it should so happen, the party whose territorial rights shall thus have been vio|lated,

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.

ARTICLE XXVI.

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, re|siding in the dominions of the other, shall have the privi|lege 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 sus|pected, and the respective governments should think proper to order them to remove ••he term of twelve mouths from the publication of the o••••er, shall be allowed them for that purpose, to remove with their families, effects and property; but this favour shall not be extended to those who shall act contrary to the established laws; and for greater certainty, it is declared that such rupture shall not be deemed to exist while negociations for accommo|dating differences shall be depending, nor until the respec|tive 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 recal, or immediately to send home the ambassador or minister of the other; and that without prejudice to their mutual friendship and good understanding.

ARTICLE XXVII.

It is further agreed, that his Majesty and the United States, on mutual requisitions, by them respectively, or by their respective ministers or officers authorized to make the same, will deliver up to justice all persons, who, being charged with murder or forgery, committed within the jurisdiction of either, shall seek an asylum within any of the countries of the other, provided that this shall only be done on such evidence of criminality as, according to the laws of the place, where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been com|mitted. The expense of such apprehension and delivery

shall be borne and defrayed, by those who make the re|quisition and receive the fugitive.

ARTICLE XXVIII.

It is agreed, that the first ten articles of this Treaty shall be permanent, and that the subsequent articles, ex|cept the twelfth, shall be limitted 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 the preliminary or other arti|cles 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 sub|ject 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 perfect|ed and ready to take place. But if it should unfortu|nately 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 bind|ing 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 bet|ter to facilitate intercourse, and obviate difficulties, that other articles be proposed and added to this Treaty, which articles, from want of time and other circumstan|ces, cannot now be perfected—it is agreed, that the said parties will, from time to time, readily treat of and con|cerning such articles, and will sincerely endeavour so to form them, as that they may conduce to mutual conve|nience▪ and tend to promote mutual satisfaction and friendship; and that the said articles, after h••••ing been only 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 pre|sent Treaty, and have caused to be affixed thereto the seal of our arms.

Done at London, this nineteenth day of Novem|ber, One thousand seven hundred and ninety-four.

• GRENVILLE. (Seal.)
• JOHN JAY. (Seal.)

ADDITIONAL ARTICLE.

It is further agreed between the said contracting par|ties, that the operation of so much of the twelfth article of the said treaty as respect the trade which his said Ma|jesty thereby consents may be carried on between the Uni|ted States and his Islands in the West-Indies, in the man|ner and on the terms and conditions therein specified, shall be suspended.

EXPLANATORY ARTICLE.

Whereas by the third article of the Treaty of Amity, Com|merce, and Navigation, concluded at London on the 19th day of November, 1794, between his Britannic Majesty and the United States of America, it was agreed, that it should at all times be free to his Majesty's subjects and to the citizens of the United States, and also to the Indians dwelling on either side of the boundary line assigned by the Treaty of Peace to the United States, freely to pass and repass, by land or inland navigation, into the respective territories and countries of the two contract|ing parties on the continent of America (the bay company only excepted) and to navigate all the lakes, rivers, and waters there|of, and freely to carry on trade and commerce with each other, subject to the provisions and limitations contained in the first article•• and whereas by the 8th article of the treaty of peace and friendship concluded at Gr••••ville, on the 3d day of August. 1795, between the United States and the nations or tribes of Indians called the Wyandots, Delawares, Shawanees, Ottawas, Ch••ppewas, Pattawatunies, Miamies, ••lkias, it was stipulated, that no person should be permitted to reside at any of the towns or having camps of the said Indian tribes as a trader, who is 〈◊〉〈◊〉 ••••r••i••hed with a 〈◊〉〈◊〉 for that purpose, 〈◊〉〈◊〉 the authori|ty

of the United States, which latter stipulation has excited doubts whether in its operation it may not interfere with the due execution of the said article of the Treaty of Amity, Com|merce, and Navigation; and it being the sincere desire of his Britannic Majesty, and of the United States, that this point should be so explained as to remove all doubts, and to promote mutual satisfaction and friendship; and for this purpose his Britannic Majesty having named for his Commissioner, PHINEAS BOND, Esq. his Majesty's consul general for the middle and southern states of America (and his Majesty's charge d'affairs to the United States) and the President of the United States having named for their Commissioner, TIMOTHY PICKERING, Esq. Secretary of State for the United States, to whom, agreeably to the laws of the United States, he has intrusted this negociation.

They the said Commissioners, having communicated to each other their full powers, have, in virtue of the same, and conform|ably to the spirit of the last article of the said Treaty of Amity, Commerce, and Navigation, entered into this explanatory arti|cle, and now, by these presents, explicitly agree and declare, that no stipulations in any treaty subsequently concluded by either of the contracting parties within any other state or nation, or with any Indian tribe, can be understood to derogate in any manner from the rights and free intercourse and commerce se|cured by the aforesaid third article of the treaty to the subjects of his Majesty, and to the citizens of the United States, and Indians dwelling on either side of the boundary line aforesaid; but that all the said persons shall remain at full liberty freely to pass and repass, by land or inland navigation, into the respective territories and countries of the contracting parties, on either side of the said boundary line, and freely to carry on trade and commerce with each other, according to the stipulations of the said third article of the Treaty of Amity, Commerce, and Navi|gation. This explanatory article, when the same shall have been ratified by his Majesty, and by the President of the United States, by and with the advice and consent of the Senate, and the respective ratifications mutually exchanged, shall be added to make a part of the said Treaty of Amity, Commerce, and Navigation, and shall be permanently binding upon his Majesty and the United States.

In witness whereof, we the said Commissioners of his Majesty the King of Great-Britain and the United States of America, have signed this explanatory article, and thereto affixed our seals.

Done at Philadelphia, this fourth day of May, in the year of our Lord One thousand seven hundred and ninety-six.

• P. BOND, (Seal.)
• T. PICKERING, (Seal.)