Art. 8. The commisssoners to be appointed according to subsequent agreement-other ex-
penses to be defrayed jointly-vacancies in the commission to be filled in the man-
ner of the first appointments, page

9. American citizens and British subjects holding lands in the territory of either party,
to exercise the rights appertaining thereto, as natives

249

250

250

250

10. No debts, or moneys, in funds, to be confiscated in the event of war
11. Reciprocity of navigation and commerce under certain limitations.
12. Trade allowed to the British West Indies, in vessels of the United States, not ex-
ceeding 70 tons, and in such articles as British vessels may carry thither from the
United States-vessels of the United States allowed to export from the British
West Indies to the United States, such articles as may be carried thither in British
vessels-proviso: restricting the vessels of the U. States to a direct trade with the
British West Indies—proviso: allowing importations and exportations from and to
the British West Indies, in British vessels--limitation of this article to the period
of two years after the signing of preliminary articles of peace, between Great Bri-
tain and the powers at war with her in 1794-after the expiration of this article,
farther regulations to be the result of future efforts; as well with respect to trade
with the British West Indies, as concerning certain neutral rights
. . 250
13. Vessels belonging to citizens of the United States, to be admitted into the ports of
the British East Indies-proviso: restricting, in time of war, the exportation of mil-
itary and naval stores and rice from the British ports--reciprocity, as to tonnage
duties; also, as to duties on cargoes-the trade from the British East Indies to be
direct to the United States-American vessels not allowed to carry on the coast-
ing trade in the British East Indies-The citizens of the United States not to re-
side in, or go into the interior parts of the British East Indies without permission
-Citizens of the U. States may touch at the island of St. Helena for refreshment 252
14. Reciprocal and perfect liberty of commerce, between the British dominions in Europe,
and the United States

.

. 253

15. Neither party to pay, in the ports of the other, higher, or different duties than are paid
there by other nations on like articles—Great Britian reserves the right of equal-
izing tonnage duties; as also to countervail the difference of duties on European
and Asiatic goods, when imported in American, or in British vessels-The parties
to treat for a more exact equalization of duties at the time mentioned in the 12th
article hereof-The United States, in the interval, not to increase existing duties,
nor the differences therein

253

254

16. Consuls may be reciprocally appointed; to enjoy their proper rights, after being duly
admitted as such; and may be punished, dismissed, or sent home, the reasons be-
ing assigned therefor. 17. Vessels captured on suspicion of having contraband,
or enemy's property to be sent into the nearest port; the contraband to be taken
out, and the vessel to be allowed to proceed
18. Specification of contraband goods-Contraband goods to be confiscated-Provisions
and other articles, when from particular circumstances, they are contraband, to be
paid for on seizure -Vessels of either party, not to be detained, on attempting to
enter a blockaded place, unless previously warned off-Vessels and goods of eith-
er party, found in an invested place, after surrended, to be restored to the owners 255
19. Those concerned in private armed vessels, on either side, to be answerable for dam-
ages done by them-Commanders of privateers to give bonds, to be answerable
for misconduct Authentic copies of process of condemnation in admiralty courts,
to be furnished without delay, to commanders to vessels against which sentence
may have been pronounced, on payments of fees
20. Pirates not to be received, nor concealed--Ships and goods brought into the ports of
either party, by pirates, to be seized and restored
21. Citizens and subjects not to accept commissions from a third power, to act in a hos-

255

256

tile manner against either party-A third (enemy) power, not allowed to enlist
citizens or subjects of either party-Persons taken offending against the provisions
of this article, may be treated as pirates. 22. Act of reprisal not to be author-
ised by either party, without previous demand of. satisfaction, page. . . . 257
Art. 23. The ships of war of each party, to be hospitably received and well treated in the ports
of the other-American vessels not usually allowed to enter British ports, but com-
pelled to do so by stress of weather, to be kindly received and permitted to refit;
But not to break bulk, unless indispensably necessary. 24. Privateers, of a third
(enemy) power, not to arm in the ports of either nation, nor to sell their prizes. 257
25. Prizes made by ships of war and privateers of either party, allowed to enter and de-
part from the ports of each other without examination-Nothing in this treaty to
operate contrary to existing treaties with other nations--Neither party to allow
the ships or goods belonging to citizens or subjects of the other, to be taken with-
in cannon shot of its coast,

26. In case of a rupture, the merchants and others of the two nations, during good beha-
vior, allowed to continue their trade-Merchants of either party, when suspected
and ordered to remove, allowed twelve months to settle their affairs-Circum-
stances which shall determine the period of a rupture

Art. 27. Persons charged with murder or forgery, seeking an asylum in the dominions of
either party, to be delivered up on requisition

.

258

259

259

28. The first ten articles of this treaty to be permanent; the others, with the exception of
the 12th, limited to twelve years, the subject of the 12th article, to be discussed
anew, before its expiration; but if no further arrangement can be effected, then all
the articles, except the first ten, to expire together-This treaty, after the mutual
exchange of ratifications, to be binding-Other articles may be proposed and added 259
Letter from Thomas Jefferson to George Hammond on the subject of compensation
for British vessels captured by cruisers fitted out in ports of the United States—
Obligation of the United States, in relation to three belligerent nations to protect
their vessels, in American ports-The rule extended to Great Britain, although
not required by treaty-The president determined to make compensation for cer-
tain vessels, for the restitution of which suitable efforts had not been made by
the United States-Determination of the president as future similar cases
261
Governors of states instructed to use all the means in their power to restore prizes found
in their ports—Mr Hammond to communicate with governors of states-Intention
of the president distinctly stated-important for Mr Hammond to substantiate
facts-His list of privateers correct-Losses by detention, to be ascertained by
persons to be appointed by collectors and by British consuls
Additional article-That part of the 12th article of the treaty of November 19th 1794,
relating to the trade between the U. S. and the British West India Islands, suspended 262
First explanatory article—Explanation concerning the 3d article of the treaty of Novem-
ber, 1794-Reference to the rights secured to the British and Indians by that ar-
ticle-Reference to the 8th artlcle of the treaty of Greenville, concluded on the
3d of August, 1795, which prohibits the residence of persons, as traders, at the
Indians' towns, without a license from the United States-Doubts concerning the
compatibility of the 3d article of the treaty of November, 1794, between the Uni-
ted States and Great Britain, and the 8th article of the treaty of Greenville, . 963
The 3d art. of the treaty between the United States and Great Britain of 19th Nov.
1794, not to be affected by any treaty subsequently concluded with other nations—
This article, after mutual ratification, to make part of the treaty, between the
United States and Great Britain, of Nov. 19, 1794

Second explanatory article-Reference to the 27th article of the treaty between the
United States and Great Britain of Nov. 19, 1794, which permits additional arti-
cles to that treaty; Difficulties in relation to the source of the river St. Croix-The

262

264

commissioners appointed in virtue of the 5th article of the treaty between the U.
States and Great Britain, of Nov. 19, 1794, not obliged to particularize the latitude
and longitude of the source of the St. Croix-A monument to be erected at the
source of the St. Croix-This article, after mutual ratification to make part of the
treaty of Nov. 19, 1794, page

.. 264

5. Convention relative to the execution of the sixth article of the treaty of the 19th
of November, 1794, (No. 4,) of the 8th of January, 1802; negotiated at Lon-
don, by Robert Banks Jenkinson, (lord Hawkesbury,) on the part of Great
Britain, and Rufus King, on the part of the United States. Ratified on the 26th
of April, 1802 .
Difficulties in the execution of the 6th article of the treaty between the United States
and Great Britain, of the 19th November, 1794; consequent suspension of procee-
dings under the seventh article of the same treaty

...

.....

Art. 1. The 6th article of the treaty between the United States and Great Britain, of Novem-
ber 19, 1794, annulled, except &c.-In lieu of the obligations imposed by the 6th
article, the United States agree to pay £600,000 sterling, at Washington, in three
annual instalments of £200,000 each-Mode of payment

.....

2. The 4th article of the definitive treaty of peace, concluded at Paris on the 3d Sep-
tember, 1783, which declares there shall be no lawful impediment to recover debts
on each side, recognized and confirmed anew

3. The commissioners appointed in pursuance of the 7th article of the treaty of Novem-
ber 19, 1794, to proceed in the execution of their duties-All sumas awarded by
the commissioners acting under the 7th article of the treaty of November 19, 1794,
to be paid in three equal instalments

6. Of peace and amity, of the 24th of December, 1814; negotiated at Ghent, by
James lord Gambier, Henry Goulbourn, and William Adams, on the part of
Great Britain, and John Quincy Adams, James A. Bayard, Henry Clay,
Jonathan Russell, and Albert Gallatin, on the part of the United States. Rati-
fied on the 17th of Febuary, 1815...

Art. 1. Firm and universal pcace-Territory, &c. to be restored, except, &c.—Archives,
records, &c. to be restored-Islands in the bay of Passamaquoddy to remain in
the hands of the party occupying, &c.

266

266

266

267

267

268

268

269

2. Orders to be sent to the armies, etc. to ccase hostilities, etc.-Limitation of time for
captures in different latitudes, etc. 3. Prisoners of war to be restored
4. Reference to the boundary line established by the treaty of 1783-Conflicting claims
to islands in the bay of Passamaquody, Fandy, etc. to be referred to commission-
ers-Mode of appointing the commissioners.-Meeting and duties of the commis-
sioners-In case of the commissioners differing, 270. Reference to the arbritra
tion of a friendly sovereign or state, whose decision is to be final. . . .
5. Commissioners to settle other boundaries 271. Meeting and duties of commissioners-
Commissioners to make a map, etc.--In case of commissioners differing, refer. 271
6. Doubts as to another part of the boundary, to be referred to commissioners
- Meeting and duties of the commissioners-In case of commissioners differing, refer. 273
7. Commissioners to fix the boundary from the water communication between lakes
Huron and Superior to the Lake of the Woods-In case of difference, ect.

. . . 271

272

273

8. The several boards of commissioners may appoint a secretary, employ surveyors, ect. 274
Pay of the commissioners-Grants of land in islands changing jurisdiction under this
treaty, to be valid,

9. The United States engage to put an end to hostilities with the indian tribes
10. Both parties to use their endeavors to effect the abolition of the slave trade,
11. The treaty binding when ratified on both sides ..

7. Convention to regulate commerce between the territories of the United States
and his Britannic Majesty, of the 3d. of July, 1815, negotiated at London,

276

by John Quincy Adams, Henry Clay, and Albert Gallatin, on the part of the
United States, and Frederick J. Robinson, Henry Goulbourn, and William
Adams, on the part of Great Britain. Ratified by the Prince Regent, on the
31st. of July, 1815, and by the President and Senate, on the 22d. of Decem-
ber, 1815; on which latter day ratifications were exchanged at Washington, p. 276
Art. 1. Reciprocal liberty of commerce between the territories of the United States and the
British territories in Europe-Complete protection to commerce, subject to the
aws of each country
2. No higher or other duties, on the importation or exportation of the productions etc.
of each country, than on those of other foreign countries-Prohibitions on the
importation or exportation of the productions of either country, to extend to all
other nations-Equality of duties on American and British vessels-Equality of
duties on the produce, etc. of each country, whether imported in American or
British vessels-Equality of duties and bounties on the exportation, from one
country to the other, of the productions of either, in British or American vessels ;
Drawbacks the same, whether the goods were originally imported in American
or British bottoms; except in re-exportation, in the vessels of one party from
the country of the other, to a third foreign nation-Intercourse with the British
W. Indies and N. American continental possessions, not affected by this article.. 277
3. United States' vessels may trade to Calcutta, Bombay, and Prince of Wales' Island,
direct, in articles not prohibited: but not to export military or naval stores or rice
thence, when the British are at war-Citizens of the United States not to pay for
their vessels, in the permitted ports of the East Indies, more than is paid on ves-
sels of the most favored European nation-Articles must be conveyed direct to
the United States, and be unladen-Vessels of the United States not to carry on
the coasting trade in the British East Indies; but may proceed, with part, or the
whole, of their original cargoes, from one permitted place to another-American
vessels may touch, for refreshment, voyages to or from British India and China,
at the Cape of Good Hope, St. Helena, etc...................

278

4. Consuls to reside in the dominions of each party, who may be punished according to
law, or sent home-Particular places excepted from the residence of consu!s.... 275
5. This convention, when ratified, to be obligatory for four years
279
Declaration-St. Helena allotted for the future residence of Napolean Bonaparte, for
the security of his person-All vessels, except those of the East India Company,
excluded from all communication with the island-Treaty concluded and exchang-
ed with the understanding referred to.

8. Convention respecting fisheries, boundaries, &c. of the 20th. of October, 1818;
negotiated at London, by Albert Gallatin and Richard Rush, on the part of
the United States, and Frederick J. Robinson and Henry Goulbourn, on the
part of Great Britain. Ratifications exchanged at Washington on the 30th.
of January, 1819. By this Convention, the provisions of the Convention,
of London, of the 3d. of July, 1815, are continued for ten years.
Art. 1. Definition of the extent of the common rights of fishing, &c. on the coasts of the
British dominions in America-Exception as to the Hudson Bay Company-Rights
of proprietors as to drying and curing fish, to be respected-Renunciation by the
United States as to other fisheries, provided, &c.

.......

2. Definition of the northern boundary of the United States, from the Lake of the Woods
to the Stony Mountains, 3. Country claimed by either party westward of the
Stony Mountains, its harbours, &c. to be free to both parties until October 20,
1828, without prejudice to the claim of either party, or to that of any other pow-
er, 4. The Convention of London, of the 3d. of July, 1815, continued for ten
years,
5. Reference to the first article of the treaty of Ghent,
Claim for slaves under the first article of the Treaty of Ghent-Differences grow-
ing out of the claims for slaves; to be referred to some friendly Sovereign or
State-The decision to be final. 6. This convention obligatory on exchange
of ratifications,.

279

280

281

282

..283

9. Convention of St. Petersburgh, of the 12th. of July, 1822, respecting the
meaning of the first article of the treaty of Ghent, in relation to an indemnifica
tion for slaves taken from the United States during the late war with G Britain;
negotiated at St. Petersburgh, by Henry Middleton, on the part of the United
States, Count Nesselrode and Count Capodistrias, on the part of Russia, and
Charles Bagot, on the part of Great Britain. Ratifications exchanged on the
10th. of January, 1823, page
... 284

The United States and Great Britain agree to refer their differences, with respect to
the meaning of the first article of the treaty of Ghent to the Emperor of Russia,
in pursuance of the fifth article of the convention of the 20th of October, 1818;
His Imperial Majesty's award-The United States are entitled to claim a just in-
demnification for such slaves as were within the places and territories to be restor-
ed, &c. Such slaves as may have been transferred from these territories to Bri-
tish vessels within the waters of the said territories, and have not been restored,
to be considered as carried away, etc.-For American slaves, who were
carried away from territories not stipulated to be restored, no indemnification,. 284
His Imperial Majesty's good offices have been invoked to assist in framing a convention
between the United States and Great Britain,.......

Art. 1. Two commissioners and two arbitrators to be appointed; one commissioner and
one arbitrator by the President of the United States, by and with the advice and
consent of the Senate, and one commissioner and one arbitrator by his Britannic
Majesty--They shall meet as a board, in the City of Washington, and shall appoint
their Secretary--Oath or affirmation, to be taken in presence of each other-
Vacancies to be filled up in the manner of appointment

286

288

2. If an average value be not agreed upon, as compensation, the commissioners and ar-
bitrators shall examine evidence, so as to fix an average value-In case they shall
not agree, the evidence and proceedings shall be submitted to the minister or agt.
of the mediating power accredited to the United States, shall be final,.......... 289
3. The two commissioners to constitute a board for examination of claims--No claims to
be admitted but such as are contained in a list to be furnished by the Secretary of
State-His Britannic Majesty to cause to be produced all the evidence in posses-
sion of his government, of the number of the slaves carried away. 4. The two
commissioners to examine and determine claims under the rule of the Imperial
decision, with reference, to the annexed explanatory documents, marked A and B 291
5. If the two commissioners shall not agree in any particular case, they shall draw, by
lot, the name of one of the arbitrators, who shall consult with them, and the opin
ion of a majority of the three shall be the final decision-The arbitrator, while so
acting, shall be deemed a commissioner. 6. The decision of the two commis-
sioners, or of the majority, as in the preceding article, shall be final-His Britannic
Majesty engages to pay the sums awarded in specie, without deduction, at the
time and place specified by the commissioners---Payments not to be made in less
than twelve months after the exchange of the ratifications....
......... 292
7. The commissioners and arbitrators to be paid, as shall be agreed upon between the
governments of the United States and Great Britain, at the exchange of the rati-
fications--All other expenses to be paid jointly. 8. A certified copy of this
convention, after ratification, to be delivered by each of the contracting parties to
the minister or agent of the mediating power near the United States.......
A. Correspondence communicating the opinion of his Imperial Majesty.
This opinion to be considered as the Emperor's final award--Governed in it by the
grammatical sense of the first article of the treaty-Motives set forth..
Award of his Imperial Majesty
Considerations which influenced the Emperor in making his award-Decided according
to the literal and grammatical sense of the first article of the treaty of Ghent 298
The United States entitled to a just indemnification

.....

....

293

296

..296
298

....

300