The Federal mirror — Concord, N.H., 1795-07-24 00:00:00, page 1

~^^= t ^ra=«^^<=R=t*^=##^^>^^^tt rf = ¥ = t ^^
©fa ^betal' ^itror
[VOLUME III.]
THE TREATY—/flttbenfic.
[7& following has ton communicated to Mr.
Benjamin Franklin Bache,a printer,
in Philadelphia, as a True and Authentic Copy
of the TREATY, between the United States of
America and Greathritain, b, the Hon. Mr.
± Mason, one of the Senators from the State of
Virginia.]
TREATY
OF
AMITY, COMMERCE, and
NAVIGATION,
, BETWEEN
His BRITANNIC MAJESTY,
AND THE
UNITED STATES or AMERICA.
Hrs Britannic Majesty and the United
States of America, being desirous by a
Treaty of Amity, Commerce and Naviga
tion, to terminate their differences in such a
manner, as without reference to the merits
of their refpe&ive complaints and preten
sions, may be the best calculated to produce
mutual fatisfadion and good understanding:
And also to regulate the Commerce and Na
vigation between their refpedive countries,
territories and people, in such a manner as
to render the fame reciprocally beneficial and
fatisfadory ; they have, refpettively, named
their Plenipotentiaries, and given them full
. powers to treat of, and conclude, the laid
Treaty, that is to fay ; His Britannic Majesty
has named for his Plenipotentiary, the Right
Hon. William Wyndham, Baron Grenville,
' of Wotton, one 01 his Majesty's Privy Coun
cil, and his Majesty's ' principal Secretary of
State for Foreign Affairs , and the President
of the Grid 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 Extraordina
ry to his Majesty, who have agreed on, aad
concluded the following articles :
Article I. There fall be a firm, inviola
ble and universal peace, and a true and sin
cere friendship between his Britannic Majes
ty, his heirs and successors, and the United
States of America ; and between their re
fpedive countries, territories, cities, towns
and people of every degree, without excep
tion of persons or places. e ^
Art. 11. His Majesty will withdraw all his
troops and garrisons from all posts and places
within the boundary lines aligned by the
treaty of peace to the United States. This
evacuation shall take place on or before the
firft day of June, one thousand seven hun
dred and ninety fix, and all the proper meas
ures Bull in the interval be taken by concert
between the government of the United States
and his Majesty's Gov. General in America,
for fettling the previous arrangements which
may be necessary refolding the delivery ot•
the said posts: The United States in the
mean time at their diferetion, extending
their settlements to any part within the said
boundary line, except within the precinds
or jurifdi&ion of any of the said posts. All
fettlefs and traders, within the precinds or
,jurifdiaion of the said posts, ffiall continue
: to enjoy, unmolested, all their property of
every kind, and ffli be protested therein.
• They shall be at full liberty to remain there,
or to remove with all or any part of their ef
feas ; and it shall also be free to them to
fell their lands, houses, or effeds, or to re
tain the property thereof, at their diferetion ;
such of them as shall continue to reside with
in the said boundary lines shall not be com
pelled to become citizens of the U. States, or
to take any oath of allegiance to the govern
ment 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
yearafter ,e evacuation aforefaid. And all
persons who shall Continue there after the ex
;mration qf the fiid year, without having de
clared their intention of remaining fubjeds
of his Britannic Majesty, shall be confided
as having feed to become citizens of the
^^ It is agreed that it shall as all
times be free to his Majesty's fubjeds, and to
the citizens of the United States, and also tol
!the lifens dwelling on e^
inland navigation fin to the reipeffive
. te+rifrtec countries of the two parties
[the country!
.- ..• .. ..; : - ; . * : : — : • =-=
NEWHAMPSHIRE-—PRINTED AND PUBLISHED BY RUSSELL AND DAVIS, At CONCORD. •
within the limits of the Hudson's Bay Com
pany only excepted] and to navigate all the
Lakes, Rivers, and Waters thereof, and free
ly so carry on trade and commerce with each
other. But it is understood, that this Arti
cle does not extend to the adrciffion of vessels
of the United States into the Sea Ports, Har
bours, 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 oort of
entry from the Sea, except in fmallveffels
trading bora fide between Montreal and Que
bec, under such regulations as fliall be es
tablished to prevent the pdlibiliry of any
frauds in this refpe&. 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 Miffifippi shall, however,
according to the Treaty of Peace, be entire
ly open to both parties ; and it is further a
greed, that all the ports and places, on its
Eastern fide, to whichfoever ot the parties
belonging, may freely be resorted to, and
used by both parties, in as ample a manner
as any of the Atlantic ports ,r places of the
United States, or any of the ports or places
of his Majesty in Greatbritain.
All goods and merchandize whose impor
tation into his Majesty's said territories in
America, shall not be entirely prohibited,
may freely, for the purposes of Commerce,
be carried into the fame in the manner afore
faid, by the citizens of the United States, and
such goods and merchandize shall be fubjeft
to no higher or other duties than would be
payable by his Majesty's fubjeds on the im
portation of the fame 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 fame, in the
jnanner aforefaid, by his.Majefty's fubjeds, ,
and such goods and merchandize shall befub--
jed tone higher or other duties than woUW;
be payable by the citizens of the United
States on the importation of the fame in A
merican vessels into the Atlantic ports of the
said States. And all goods not prohibited
to be exported from the said territories, re
fpeftively, may in like manner be Carried out
of the fame by the two parties refpedively,
paying duty as aforefaid. :
No duty of entry shall ever be levied by ei
ther party on peltries brought by land, or in
land navigation into the said territories re
fpeaively, nor shall the Indians passing or re
paffing with their own proper goods and ef
fe&s of whatever nature, pay for the fame
any impost or duty whatever. But goods in
bales, or other large packages unusual among
Indians shall not-be considered as goods be
longing 6o„af% to Indians.
No higher or other tolls or rates of ferri
age tharrwhat are or shall be payable by na
tives, shall be demanded on either fide ; and
no duties shall be payable on any goods which
shall merely be carried over any of the port
. ages or carrying places on either fide ; for
the purpose of being immediately reembark
ed 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 di
re& road across the portage, and are not at
tempted to be in any manner fold or exchang
* ed during their paflage across the fame, and
proper regulations may be established to pre
vent the possibility of any frauds in this re
fo^
As this article is intended to render in a
great degree the local advantages of each par
ty common to both, and thereby to promote
a disposition favorable to friendririp and good
neighborhood, it is agreed, that the respec
tive Governments will mutually promote this
amicable intercoufe, by causing speedy and
impartial justice to be done, and necessary
protection to be extended to all who may be
concerned therein.
Art. IV. Whereas it is uncertain whether
the River Miffifippi extends so far to the
Northward as to be interfered by a line to be
drawn due Weft from the Lake of the Woods
in the manner mentioned in the Treaty of
the United States for making a joint forvey
CONCOR D, FRJD A Y^July 24 , 1795.
also of the parts adjacent thereto ; and that
if on the result of such farvey, it should ap
pear that the said river would not be inter
fered by such a line as is above-mentioned,
the two parties will thereupon proceed by
amicable negociation to regulate the bounda
ry line in that quarter, as well as all other
points to be adjusted between the said par
ties, according to justice and mutual con
venience, and in conformity to theintent of
the said Treaty.
Art, V. Whereas doubts have arisen what
river was truly intended under the name of
the rivet 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 Com
miflioners to be appointed in the following
manner, viz.
One Commissioner shall be named by his
Majesty, and one by the Prefldent of the U
nited States, by and with the advice and con
sent 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 Commis
sioners. And the three Commissioners so
appointed, shall be sworn impartially to ex
amine and decide the said question according
to such evidence as refpedively be hid before
them on the part of the British Government
and of the United States. The said Com
missioners shall meet at Halifax, and shall
have power to adjourn to such other place or
places as they (lull 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. Com
missioners 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.
tuplicates of this declaration and of the
statements of their accounts, and of the jour
nal 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 re
fpeaively appointed and authorized to man
age the business on behalf of the refpeaive
Governments. And both parties agree to
confider such decision as final and conclusive,
so as that thu sme shall never thereafter be
called into qyftion, or made the fubjed of
dispute or difference between them.
Art. VI. Whereas it is alledged by divers
British merchants and others his Majesty's
fubjefts, that debts to a considerable amount,
which were bonafide contra&ed before the
peace, still remain owing to them by citizens
or inhabitants of the United States, and that
by the operation of various lawful impedi
ments since the peace, not only the full re
covery of the said debts has been delayed,
but also the value and security thereof have
been, in several instances, impaired and les
sened, so that by the ordinary course of ju
dicial proceedings, the British creditors can
not now obtain, and actually have and re
ceive full and adequate compenfatioh 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 ac
tually 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 fame to the said credi- ,
tors : But it is diftindly understood, that this
; proyifion is to extend to such losses only as
have been occasioned by the lawful impedi
ments aforefaid, and is not to extend to loss
es occasioned by such insolvency of the debt
ors, or other causes as would, equally have
operated to produce such loss, if the said im
pediments had not existed, nor to such losses
or damages as have been occasioned by the
manifeft delay or negligence, or wilful omis
sion of the claimant.
For the purpose of afeertaining the amount
of any such losses and damages, five Commis
sioners shall be appointed, and authorized to
meet and ad 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 content
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
i^^
VlA^t£^™\ V
missioners thus appointed shall firft meet,
they shall, before they proceed to act refpec
'!"'': ta k e '' e following oath or affirma
tion, 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.—l, A. 6. brie of the
Commissioners appointed in pursuance of the
6th Article of the Treaty of Amity, Com
merce, and Navigation, between his Britan
nic Majesty end the United Spates of Ameri
ca, do solemnly swear, or affirm, that I will
honestly, diligently, impartially, and careful
ly 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 aft as a Commissioner
in any case in which I may be personally in
terested.
Three of the said Commissioners shall Con
stitute a board, and shall have power to de
any ad appertaining to the fai^ Commission,
provided that one of the Commissioners nam
ed on each fide, and the fifth Commissioner
shall be present, and ^ll decisions shall be
made by the majority of the voices of the
Commissioners then present ; 18 Months
from the day on which the said Commission
ers shall form a board, and be ready to pro
ceed to bufiflefs, are aligned for receiving
complaints and., applications ;_but they are
nevertheless authorized in any particular caf-•
es in which it shall appear to them to be
reasonable and just, to extend the said term
of eighteen months for any term not,exceed- .
ing fix months, after the expirations there- ' --
of. The said Commissioners shall firft'meet
at Philadelphia, but they shall have power
to adjourn from place to place as they fee
caufe.'
'The said Commissioners in examing the
complaints and applications so preferred to .
them, are empowered.and required^ pur-.;
fuance of the true intent and meani^of this
article, to take into their consideration all
claims, whether of principal or jmc ^or
balances of principal and in tereft, anti to de
termine the fame refpedively, 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 affirma
tion, touching the premises ; and also to re
ceive in evidence according as they may think
most consistent with equity and juilice, all
written depositions, or books, or papers, or
copies, or extrads thereof, every such depo
sition, book, or paper, or copy, or extra&,
being duly authenticated either according to
the legal forms now refpedively existing in
the two countries, or in such other manner
as the said Commissioners shall fee cauie to
require or allow.
The award of the said Commissioners or of
any three of them as aforefaid, shall in all
cases be final and conclufne, both as to the'
justice of the claim, and to the amount of the
sum to be paid to the creditor or claimant 1
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 com
missioners, and on condition of such releases
or alignments 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 Commis
sioners to take place sooner than 12 months
from the day of the exchange of the ratifica
tion of this Treaty.
Art. VII. Whereas complaints have been
made by divers' merchants and others, citi
zens 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 colour of
authority or commissions from his Majesty,
and that from various circumstances belong
ing to the said cases, adequate compensation
for the losses and damages so sustained can- %
not now be actually obtained, had and re
ceived by the ordinary course ofjudicial pro
ceedings ; it is agreed, that in all such caf^
where adequate compensation cannot, for
whatever reason, be now actually obtained,
had and received by the said merchants and
others to the ordinary course of justice, full
and complete compensation for the fame will &
faid^^pla'in'an'ts .But i^'di&ctly mi
nrovifion not to extend
fl
NUMBER 144.]