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