1818. October 20. president of the committee of privy council for trade and plantations; and Henry Goulbourn, esq. one of his majesty's under secretaries of state: who, after having exchanged their bourn, British Negotiators. respective full powers, found to be in due and proper form, Full powers have agreed to and concluded the following articles: exchanged. extent of the common right on the coasts of merica. prietors as to ing fish, to be respected. ART. 1. Whereas differences have arisen respecting the Definition of the liberty, claimed by the United States, for the inhabitants thereof, to take, dry, and cure, fish, on certain coasts, bays, of fishing, &c., harbours, and creeks, of his Britannic majesty's dominions the British doin America, it is agreed between the high contracting parties, minions in Athat the inhabitants of the said United States shall have, forever, in common with the subjects of his Britannic majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland, which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly, on the southern coast of Labrador, to and through the straits of Bell- Exception as to the Hudson Bay isle, and thence northwardly indefinitely along the coast, Company. without prejudice, however, to any of the exclusive rights of the Hudson Bay Company: And that the American fisher- Rights of promen shall also have liberty, forever, to dry and cure fish in drying or curany of the unsettled bays, harbours, and creeks, of the southern part of the coast of Newfoundland, hereabove described, and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the inhabitants, proprietors, or possessors, of the ground. And the United States hereby renounce, forever, any liberty hereto- Renunciationby fore enjoyed or claimed by the inhabitants thereof, to take, to other fishedry, or cure fish, on or within three marine miles of any of ries; provided, the coasts, bays, creeks, or harbours of his Britannic Majesty's dominions in America, not included within the abovementioned limits: Provided, however, that the American fishermen shall be admitted to enter such bays or harbours, for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever, abusing the privileges hereby reserved to them. the U. States as &c. 1818. October 20. Definition of the ART. 2. It is agreed that a line drawn from the most northwestern point of the Lake of the Woods, along the forty-ninth parallel of north latitude, or if the said point shall not be in the northern boun- forty-ninth parallel of north latitude, then that a line drawn dary of the U. from the said point due north or south, as the case may be, States from the Lake of the until the said line shall intersect the said parallel of north latiWoods to the tude, and from the point of such intersection due west along Stony Mountains. and with the said parallel, shall be the line of demarkation between the territories of the United States and those of his Britannic Majesty, and that the said line shall form the northern boundary of the said territories of the United States, and the southern boundary of the territories of his Britannic Majesty, from the Lake of the Woods to the Stony Mountains. Country claimART. 3. It is agreed, that any country that may be claimed ed by either party westward by either party on the northwest coast of America, westward of the Stony Mountains, its of the Stony Mountains, shall, together with its harbors, bays, harbors, &c. to and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from the date of the Oct. 20. 1828, signature of the present convention, to the vessels, citizens, without prejudice to theclaim and subjects, of the two powers: it being well understood, of either party, that this agreement is not to be construed to the prejudice of other power. any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other power or state to any part of the said country; the only object of the high contracting parties, in that respect, being to prevent disputes and differences amongst themselves. be free to both parties, until or to that of any The convention of London of 3d tinued for ten years. ART. 4. All the provisions of the convention "to regulate July 1815, con- the commerce between the territories of the United States and of his Britannic Majesty," concluded at London, on the third day of July, in the year of our Lord one thousand eight hundred and fifteen, with the exception of the clause which limited its duration to four years, and excepting, also, so far as the same was affected by the declaration of his Majesty respecting the Island of St. Helena, and hereby extended and continued in force for the term of ten years from the date of the signature of the present convention, in the same manner as if all the provisions of the said convention were herein specially recited. Reference tolst article of the ART. 5. Whereas it was agreed, by the first article of the treaty of Ghent, treaty of Ghent, that "All territory, places, and possessions, whatsoever, taken by either party from the other, during the war, or which may be taken after the signing of this treaty, excepting only, the islands hereinafter mentioned, shall be res 1818. article of the treaty of Ghent. tored without delay, and without causing any destruction, or carrying away any of the artillery or other public property, October 20. originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private property;" and whereas Claim for slaves under the aforesaid article, the United States claim for their under the first citizens, and as their private property, the restitution of, or full compensation for, all slaves who, at the date of the exchange of the ratifications of the said treaty, were in any territory, places, or possessions, whatsoever, directed by the said treaty to be restored to the United States, but then still occupied by the British forces, whether such slaves were, at the date aforesaid, on shore, or on board any British vessel lying in waters within the territory or jurisdiction of the United States; and whereas differences have arisen, whether, by the Differences true intent and meaning of the aforesaid article of the treaty the claims for growing out of of Ghent, the United States are entitled to the restoration of, or full compensation for, all or any slaves, as above described, the high contracting parties hereby agree to refer the said differences to some friendly sovereign or state, to be named for that purpose; and the high contracting parties further engage to consider the decision of such friendly sovereign or state to be final. be final and conclusive on all the matters referred. slaves. To be referred to some friendly sovereign or state. The decision to exchange of ra ART. 6. This convention, when the same shall have been Thisconvention duly ratified by the President of the United States, by and obligatory on with the advice and consent of their Senate, and by his Bri- tifications. tannic Majesty, and the respective ratifications mutually exchanged, shall be binding and obligatory on the said United States, and on his majesty: and the ratifications shall be exchanged in six months from this date, or sooner, if possible. In witness whereof, the respective plenipotentiaries have dred and eighteen. [L. S.] ALBERT GALLATIN, L. S. J RICHARD RUSH, L. S. L. S. FREDERICK JOHN ROBINSON, J HENRY GOULBOURN. NOTE.-Ratified by the Prince Regent on the 2d of November, 1818.By the President and Senate, on the 28th January, 1819. Ratifications exchanged at Washington on the 30th Jan'y. 1819. 1822. July 12. Convention of their differen of the 1 st art. of CONVENTION OF ST. PETERSBURG. By the President of the United States of America. A Proclamation. Whereas a Convention between the United States of America and his Britannic Majesty was concluded and signed at St. Petersburg, under the mediation of the Emperor of all the Russias, on the twelfth day of July last, by the respective Plenipotentiaries of the three powers: and whereas the said Convention has been by them duly ratified, and the respective ratifications of the same were exchanged at Washington, on the tenth day of the present month, by JOHN QUINCY ADAMS, Secretary of State of the United States, the Right Honorable STRATFORD CANNING, Envoy Extraordinary and Minister Plenipotentiary of his Britannic Majesty, and Mr. GEORGE ELLISEN, Charge d'Affaires of his Imperial Majesty the Emperor of all the Russias, on the part of their several Governments: Which Convention is in the words following, to wit: In the name of the most holy and indivisible Trinity: The president of the United States of America, and his and G. Britain majesty, the king of the united kingdom of Great Britain and agree to refer Ireland, having agreed, in pursuance of the fifth article of ces with respect the convention, concluded at London on the twentieth day of to the meaning October, 1818, to refer the differences which had arisen bethe Treaty of tween the two governments, upon the true construction and Ghent to the meaning of the first article of the treaty of peace and amity, Emperor of Russia in pursu concluded at Ghent on the 24th day of December, 1814, to art. of the con- the friendly arbitration of his majesty the emperor of all the vention of 20th Russias, mutually engaging to consider his decision as final and conclusive. And his said imperial majesty having, after due consideration, given his decision upon these differences in the following terms to wit: ance of the 5th October, 1818. His Imp. Majes ty's award. "That the United States of America are entitled to claim The U. States from Great Britain a just indemnification for all private proare entitled to perty, which the British forces may have carried away; and claim a just indemnification as the question relates to slaves more especially, for all the for such slaves slaves that the British forces may have carried away from the places and places and territories of which the treaty stipulates the resrestored, &c. titution, in quitting these same places and territories. as were within territories to be may have been transferred from these ter Such slaves as That the United States are entitled to consider as having been so carried away, all such slaves as may have been transritories to Bri- ferred from the abovementioned territories to British vessels tishvessels with within the waters of the said territories and who for this reain the waters of the said territo- son may not have been restored. ries, and have not been restor dered as car ried away. "But that if there should be any American slaves who were ed, to be consi- carried away from territories of which the first article of the treaty of Ghent has not stipulated the restitution to the UniFor American ted States, the United States are not entitled to claim an inslaves, who were carried demnification for the said slaves." away from ter ritories not sti Now for the purpose of carrying into effect this award of pulated to be his Imperial Majesty, as arbitrator, his good offices have been restored, no in- farther invoked to assist in framing such Convention or artito be claimed. cles of agreement between the United States of America and demnification CONVENTION DE ST. PETERSBOURG. Au nom de la très-sainte et indivisible Trinité: Le président des Etats Unis d'Amérique, et sa Majesté le Roi du Royaume uni de la Grande Bretagne et de l'Irlande, ayant décidé d'un commun accord en conséquence de l'article V. de la Convention, conclue à Londres le 20 Octobre, 1818, que les différends qui se sont élevées entre les deux gouvernemens sur la construction et le vrai sens du 1r article du traité de païx et d'amitié, conclu à Gand le 24 Décembre, 1814, seraient déferés à l'arbitrage amical de sa Majesté l'Empereur de toutes les Russies; s'étant en outre engagés réciproquement à regarder sa décision comme finale et définitive; et sa Majesté Imperialé après mûre considération, ayant émis cette decision dans les termes suivans. "Que les Etats Unis d'Amérique sont en droit de réclamer de la Grand Bretagne une juste indemnité pour toutes les propriétés particulières que les forces Britanniques auroient emportées; et comme il s'agit plus spécialement d'esclaves, pour tous les esclaves que les forces Britanniques auroient emmenés des lieux et territoires dont le traité stipule la restitution, en quittant ces mêmes lieux et territoires. "Que les Etats Unis sont en droit de regarder comme emmenés tous ceux de ces esclaves qui, des territoires indiqués cidessus auroient été transportés à bord vaisseaux Britanniques mouillés dans les eaux des dits territoires, et qui par ce motif n'auroient pas été restitues." "Mais que s'il Ꭹ a des esclaves Américains emmenés de territoires dont l'article 1r du traité de Gand n'a pas stipulé la restitution aux Etats Unis, les Etats Unis ne sont pas en droit de réclamer une indemnité pour les dits esclaves." Comme il s'agit à présent de mettre cette sentence arbitrale à exécution, les bons offices de sa Majesté Impériale ont été encore invoqués, afin qu'une convention arrêtée entre les Etats Unis et sa Majesté Britannique stipulat les articles 1822. July 12. |