1 1794. The U. S. to compensate British credi collection of ed before the their proceedings, shall be delivered by them to the agent of November 19. 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. ART. 6. Whereas it is alleged by divers British merchants and others his majesty's subjects, that debts, to a considerable tors, for losses amount, which were bonâ fide contracted before the peace, still occasioned by legal impedi- remain owing to them by citizens or inhabitants of the United ments to the States, and that by the operation of various lawful impedidebts contract- ments since the peace, not only the full recovery of the said peace of 1783. 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 such 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 Limitation of for the same to the said creditors: but it is distinctly underthis provision stood, that this provision is to extend to such losses only as tained by legal have been occasioned by the lawful impediments aforesaid impediments to losses sus only. Five commissioners to be appointed to ascertain the amount of los 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 have not existed nor to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission of the claim ant. For the purpose of ascertaining the amount of any such losses and damages, five commissioners shall be appointed, and authorised to meet and act in manner following, viz: Two of them ses which the shall be appointed by his majesty, two of them by the presiU. S. consent dent of the United States, by and with the advice and consent to make good to British cre- of the senate thereof, and the fifth by the unanimous voice of ditors, &c. 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 oriCommissioners ginal commissioners. When the five commissioners thus apto take an oath pointed shall first meet, they shall, before they proceed to act, 1794. November 19. 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 Form of the pursuance of the sixth article of the treaty of amity, commerce, by the commisand navigation, between his Britannic majesty and the United sioners. S 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. oath to be taken missioners to Three of the said commissioners shall constitute a board, Three Comand shall have power to do any act appertaining to the said com- form a board. missioners, provided that one of the commissioners named on Proviso. each side, and the fifth commissioner shall be present, and all decisions shall be made by the majority of the voices of the commissioners then present. Eighteen months from the day Eighteen months allowon which the said commissioners shall form a board, and be ed for receiving ready to proceed to business, are assigned for receiving com- claims, with an plaints and applications; but they are nevertheless authorised, time for six months in just in any particular cases in which it shall appear to them to be and reasonable reasonable and just, to extend the said term of eighteen months, cases. for any term not exceeding six months, after the expiration thereof. The said commissioners shall first meet at Philadel- The commissioners to meet phia, but they shall have power to adjourn from place to place at Philadelphia. as they shall see cause. extension of the for the investi The said commissioners in examining the complaints and ap- Rules prescribplications so preferred to them, are empowered and required, vested in the ed, and powers in pursuance of the true intent and meaning of this article, to commissioners, take into their consideration all claims, whether of principal gation of claims or interest, or balances of principal and interest, and to deter- &c. mine 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 forms now respectively existing in the two 1794. countries, or in such other manner as the said commissioners November 19. shall see cause to require or allow. The U. S. to pay in specie, &c. The award of the said commissioners, or of any three of them Award of the commissioners as aforesaid, shall, in all cases, be final and conclusive, both to be final. 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 tors previously the said commissioners may be directed: provided always, to a year after the ratification 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. No payment to of this treaty. The British government to sation to citiz ART. 7. Whereas complaints have been made by divers make compen- merchants and other citizens of the United States, that during ens of the U. S. the course of the war in which his majesty is now engaged, for illegal cap- they have sustained considerable losses and damage, by reavessels by Bri- son of irregular or illegal captures or condemnation of their tish subjects. tures 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 ade quate 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 governThis provision ment to the said complainants. But it is distinctly understood losses occasion- that this provision is not to extend to such losses or damages ed by negligence of claim- as have been occasioned by the manifest delay or negligence, or wilful omission of the claimant. uot to extend to ants. Five commissioners to be tue of the 6th That for the purpose of ascertaining the amount of any such appointed with losses and damages, five commissioners shall be appointed and the same pow- authorised to act in London, exactly in the manner directed ers as those appointed in vir- with respect to those mentioned in the preceding article, and article of this after having taken the same oath or affirmation (mutatis mutreaty, &c. for tandis,) the same term of eighteen months is also assigned for adjusting the amount of indem the reception of claims, and they are in like manner authorised to extend the same in particular cases. They shall receive testimony, books, papers, and evidence in the same latitude, and exercise the like discretion and powers respecting that nification for illegal British captures. 1794. subject; and shall decide the claims in question according to the merits of the several cases, and to justice, equity, and November 19. 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 the com missioners appointed, also to juris- paid by the U. ing claims to be States to British subjects for los same, captures under the circumstan ces mentioned Mr Jefferson to Mr Hammond, of the 5th Sept. in a letter from 1793. 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 decide respectvessels and merchandise, taken within the limits and diction of the states, and brought into the ports of the or taken by vessels originally armed in ports of the said states: ses sustained by 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 authorised 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. sioners to be ART. 8. It is further agreed, that the commissioners men- The commistioned in this and in the two preceding articles, shall be respec- paid according tively paid in such manner as shall be agreed between the two to subsequent parties, such agreement being to be settled at the time of the agreement. exchange of the ratifications of this treaty. And all other Other expenses expenses attending the same commissions, shall be defrayed to be defrayed jointly by the two parties, the same being previously ascertain- jointly. 1794. ed and allowed by the majority of the commissioners. And November 19. in the case of death, sickness, or necessary absence, the place of every such commissioner respectively shall be supplied in commission to the same manner as such commissioner was first appointed, be filled in the and the new commissioners shall take the same oath or affirfirst appoint- mation, and do the same duties. Vacancies inthe manner of the ments, &c. American citiz party, to exer ART. 9. It is agreed that British subjects who now hold lands ens and British in the territories of the United States, and American citizens subjectsholding lands in the ter- who now hold lands in the dominions of his majesty, shall conritory of either tinue to hold them according to the nature and tenure of their cise the rights respective estates and titles therein; and may grant, sell, or appertaining thereto, as if devise the same to whom they please, in like manner as if they they were na 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. tives. No debts, or in funds to be confiscated in the event of war &c. ART. 10. Neither the debts due from individuals of the one moneys, vested nation to individuals of the other, nor shares, nor moneys 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, an account of national differences and discontents. Reciprocity of navigation and commerce un ART. 11. It is agreed between his majesty and the United States of America, that there shall be a reciprocal and entirely der certain li- 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: mitations. Trade allowed to the British States, not ex ticles as British the U. States. ART. 12. His majesty consents that it shall and may be West Indies, in lawful, during the time hereinafter limited, for the citizens of vessels of the U. the United States to carry to any of his majesty's islands and ceeding 70 tons, ports in the West Indies from the United States, in their own and in such ar- vessels, not being above the burden of seventy tons, any goods vessels may car or merchandises, being of the growth, manufacture, or prory thither from duce 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. |
