The Federal mirror — Concord, N.H., 1795-07-24 00:00:00, page 2

them; and the United States undertake to
pay to the complainants or claimants in spe
cie, without deduction, the amount of such
sums as shall be awarded to them refpedively
by the laid commissioners, and at the times
- and places which in such awards shall be fpe
cjfied ; and on conditions of such releases or
affignffients to be given by the claimants'
~ as in the said awards may be dire&ed : And
~" telpher agreed that not only the now ex
iftiffcafes of both descriptions, but also all
such as shall exist at the time of exchanging
the ratifications of this treaty,fhall be consid
ered as being within the provisions, intent
and meaning of this article. -.
Art. VIII. It is farther agreed, that the
-commissioners mentioned in this and in the
'two preceding articles shall be refpeaively
paid in such manner as shall be agreed be
tween the two parties ; such agreement being
to be fettled at the time of the exchange of
"the ratifications of this treaty. And all oth
er expenses attending the said commissions
"shall be defrayed jointly by the two parties,
the fame being previously ascertained and al
lowed b, the majority of the commissioners.
And in case of death, sickness or necessary
absence, the place of every such commiffion
,er refpeaively shall be supplied in the fame
manner as such commissioner was firft ap-/
pointed, and the new commissioners shall
take the fame oath or affirmation, and do
the fame duties.
Art. IX. It is agreed that British fubje&s
who now hold lands in the territories of the
'"United States, and American citizens who
now hold lands in the dominions of his Maj
esty, fhaiycontinue to hold them according
to the ndlure and tenure of their refcaive
ettates and titles therein ; and may grant,
fell or devise the fame to whom they please,
in like manner as if they were natives ; and
that neither they nor their heirs dr assigns
shall so far as may respect the said 'landa and
the legal remedies incident thereto, lag re
garded as aliens.
Art, X. Neither the debts due from indi
viduals of the one nation to individuals of the
other, norihares nor monies which they may<
have in the public funds, or in the public or
private banks, fhallever in any event of war
or national differences be sequestered orcon
fifeated, it being unjust add impolitic that
debts and engagements contracted and made
by individuals having confidence in each o
ther, and in their respective governments,
should ever be destroyed or impaired by na
tional authority, on account of national dis.
fences and difeontents. .. oA
Art. XI. It is agreed between his Majesty
and the United States of America, that there
fliall be a reciprocal and entirely perfect lito
erty of navigation and .commerce between
their respective people, in the manner, un-:
dec the limitations and on the conditions
foecified in the fallowing articles.J
Art. XII. His Majesty consents that it
shall and may be hi,l during the time
herein after limited, for the est of the
# United States' to carry to any of his Majeft/s
to such losses or damages as hav&been oc
casioned by the manifest delay or negligence,
• or wilful omission of the claimants.
ers, or any such three of them as aforefaid,
'fhall, in all cases, be final and conclusive,
both as to the justice of the claim, and the
amount of the fam to be paid to the claimant
—and his Britannic Majesty undertakes to
cause the fame to be paid to such claimant
in specie, without any deduction, atfuch place
or places, and at such time or times, as shall
be awarded by the said commissioners, and
on condition of such releases or alignments
to be given by the claimants, as by the laid
commissioners may be direded.'
And whereas certain merchants and others
his Majesty's fubjeds complain that in the
course of the war, they have sustained loss &
damage, by reason of the capture of the ves
sels and merchandize taken within the limits
and jurifdi&on of the States and brought in
to the portsof the fame, 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, agree
ably to the tenor of the letter from Mr. Jef
ferfon to Mr. Hammond, dated at Philadel-
That for the purpose of afeertaining the
amount of ahy such losses and damages, five
commissioners shall be appointed and autho
rized to ad inlondon, exactly in the man
ner directed, with respect to those mentioned
in the preceding article, and after having
taken the fame oath or affirmation (mutates.
? phia, Sept. §, 1793, a copy of which is an
nexed 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 authorifed and
required to proceed in like manner relative
to these as to the other cases committed to
mutandis, the fame term of eighteen months
.is also assigned for the reception of claims,
and they are in like manner authorized to
extend the lame in particular cases. They
shall receive testimony, books, papers and
evidence in the fame latitude, and exercise
the like discretion and powers reflecting that
fubjeft ; and shall decide the claims in ques
tion according to the merits of the several
cases, and to justice, equity, and the laws of
nations. The award of the said commission-
islands and ports in the Weftindies from the
United States, in their own vessels, not being
above the burthen of 70 tons, any goods or
merchandises being of the growth, manufac
ture or produce of the said Sta'es, which it is
or may he lawful to carry to the said islands
or ports from the said States iirßritifli vessels ;
andthat the said American vessels ih all be
fubje& there to no other of higher tonnage,
duties or charges than shall be payable by
British vessels in the ports of the U. States ;
and that the cargoes of the said American
vessels shall be fubjed there to no other or
higher duties or charges than shall be paya
ble 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, l<sad and carry away in their said
vessels to the United States, from the said
islands and ports all such articles being of
the growth, manufadure or produce of the
said islands as may now by law be carried
from thence to the said States in British ves
sels and fubjed only to the fame duties and
charges on exportation to which British v4f
fels and their cargoes are or shall be fubfeft
in similar circumftances.*,
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 erf
this article, the United States will prohibit
and restrain the carrying any molasses, sugar,
coffee, cocoa or. cotton in any American ves
sels, either from his Majesty's Islands or from
the United States to any part of the world
except the United States, reasonable sea stores
excepted. , Provided also, that it shall and
may be lawful,'during the fame period, for
British vessels to import from the said islands
into the United States and to export from the
United States to the islands, all articles what
ever being of the growth, produce or manu
fadure of the said iflands,Jr of the United
States refpeaively, 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 fdbjed to no other or
higher duties or charges, than shall be pay
able on the fame articles if so imported or ex
ported in American vessels.
It is agreed that this article and every mat
ter and thing therein contained, shall contin
ue 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 day
of the signature of the preliminary or other
articles of peace by which the fame may be
terminated.
And it is further agreed, that at the expi
ration of the said term, the two contrasting
parties will endeavor further to regulate their
Commerce in this refpea according to the
situation in which his Majesty may then find
himfelf with refped to the Weftindies, and
with a view to such arrangements as may best
conduce to the mutual advantage and exten
fiop of Commerce. And the said parties will
then also renew their discussion, and endeav
or to agree, whether in any and what cases,
neutral vessels shall proted enemy's property;
and in what cases provisions and other arti
cles,'not generally contraband, may become
such. But in the mean time their conduct
towards each other in these refpeds, shall be
regulated by the articles herein after inferr
ed on those fubjeds.
Art. XIII. His Majesty consents that the
vessels belonging to the citizens of the Unit
ed States of America, shall be admitted and
hospitably received in all the sea ports and
harbours of the British territories in the Eaft
indies. And that the citizens of the said
United States may freely carry on a trade be
tween the said territories and the said Unit
ed Spates in all of which the importation or
exportation refpeaively 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 bet ween the British
government and any other power or State
whatever, to export from the said territories,
without the special permilhon of the Britilh
government there, any military stores, or
naval stores or rice. The citizens df the U
nited States shall pay for their vessels when
admittted 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 er higher duties or charges on the
importation or exportation of the cargoes of
the said vessels, than shall be payable on the
fame 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 Britilh territories to any port
or place except to some port or place in Arne-,
rica, Where flhe fame ffiall be unladen, and
fa& regulations shall be adopted by both
parties, as shall from time to time be found
necessary to enforce the due and faithful ob
servance of this flipulatioo. It is also un
derftood that the permiffira 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 difeharge
to another, are not to be considered as car
tying on the confting trade. Neither is this
article to be construed to allow the Citizens
ofthe said States to fet'le or reside within the
said territories, or to go into the interior parts
thereof, without the permission of the British
governnment established there ; and if any
tranfgrefficn ffiould be attempted against the
regulations of the British government in this
refpea, (lie observance of the fame shall and
may beenforced against the citizens of A
merica^n the fame manner as against British
fubje& or others transgressing the fame rule.
And the citizens of the United States when
ever they arrive in any port or harbour in the
said territories, or if they should be permit
ted in manner aforefaid, to go to any other
pllce therein, shall always be fubjed to the
laws, government and jurifdiaioh of what
mature established in such harbour, port or
place, according as the fame may be : The
citizens of the United States may also touch
for refrefhment at the Island of St. Helena,
but fubjed in all reipeds to such regulations
as the British Government may from time to
time establish there.
Art. XV. It is agreed that no other or
higher duties shall be paid by the ships or
merchandize of the one party jn 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 impos
ed 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 prohi
bition be imposed on the exportation or im
portation of any articles to or from the terri
tories of the two parties respectively, which
shall not equally extend to all other nations.
But the British government reserves to it
felt the right of imposing on American ves
sels entering into the British ports in Europe
a tonnage duty equal to that which shall be
payable by British vessels in the ports of A
merica : And also such duty as may be ade
quate to countervale 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 ves
sels.
The two parties agree to treat for the more
exact equalization of the duties on the respec
tive 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 fame time
with those mentioned at the conclusion of
the izth article of this treaty, and are to be
considered as a part thereof. In the inter
val it is agreed, that the United States will
not impose any new or additional tonnage
duties on British vessels, nor increase the now
subsisting difference between the duties pay
able on the importation of any articles in
British or in American vessels.
Art, XVI. It shall be free for the two centraa
ing ,articr, rejpeaivel, to appoint confab for the
preteaion of trade, to rejide in the dominions and
territories ajorefaid, and the said cenjuls shall en
joy those liberties and rights which belong to them
by reajon of their funßion. Bit before an, confel
shall aa as jicb, be frail be in tbe ufuniforms a,-
proved and admitted b, tbe part, to whom be is
font ; and it is bereb, ddared to be lawful and
proper, that in case of illegal or improper cote
towards tbe laws or government, a cenful%^
tber be punifad according to law, if tbe laws will
reach the case, or be dijmtfed, or even jefl bad,
the offended government aligning to the other their
reasons for tbe jams. t..,
Either of the,sorties ma, except from the resi
dence of consuls such particular places^ as /neb par
ty ' shall judge proper to be Jo accepted.
M.Xrn. it is agreed, that in all cases
where vessels foall be captured or detained onjuft
jafpicion of having on ford enemy's property, or
of carrying to tbe enemy any of tbe articles <wbicb
are contraband if war; tbe said veffil shall be
brought to tbe nearest or most convenient port, and
'f aft , property of an enemy jhould hi found on
board fab veffil, that part only which frtags so
tbe enemy shall be made prize, and tbe vtyilfhall
be at liberty to proceed with the remainder with
out an) impediment. Audit is agreed that all pro
per meafure&l be taken to prevent delay, in de
ciding tbe caferoj saps or cargoes jo brought in
for adjudication ; and in the payment or recover,
of an, indemnification adjudged or agreed to be
paid to tbe majors or owner! effueb fbips.
' Art, XVIHI In order to regfo what is tn
goes to the lands, countries, cities, ports,
places and rivers within the dominions and
territories aforefaid, to enter into the fame,
to resort there and to remain & 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 fide shall
enjoy the most complete protection and secu
rity for their commerce ; but subject always
as to what respects this article to the laws &
statutes of the two countries respectively.
Art. 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 naviga
tion. The people and inhabitants of the two
countries refpeCtively shall have liberty freely
and securely and without hindrance and mo
lestation, to come with their ships and car-
same. , . ;
Art. XX. It is further agreed that tab the
raid contraaingparties, fall net ml, refast to re
reive atty pirates into any of their forts, havens, ,
or towns, or permit as, of their inhabitants to re
ceive, protea, barber, conceal or affi, them in a
n, manner, but will bring to condign punishment
all such inhabitants as fail be guilt, of each a&
or offinces.
And all their Jbips with the goods or mercbpn
disei taken b, them and brought into the port of
either of the said parties,fall be seized as far at
the, can be discovered, and fall be. restored to the
owners or their favors or agents del, deputed and
authorised in writing b, them, tproper evidence
bsingfr,given intbe court of admiralty for prov
ing tbe propert,) even in case such effeas Jbeuld
bavt sassed into other bands b, sale, if, it be prov
ed that the buyers knew or had good reason to be
lieve or suspea that the, bad been piraticall, taken.
Art. XXI. It is likewise agreed, that tbrehb
jefis and citizens ofthe two nations, /ball not do
an, aar,fboflilit, or violence again $ each other,„
nor accept commissions or infruments so as to ad'
from an, foreign prince or fate, enemies to the oth
er party ; nor fall the enemies of one of the parties
be,emitted to invite, or endeavor to enliflin their
military service, aft, of the snbicas or citizens ts
the other part, ; and the laws again, all such
offences and aggreffionsfall be punanail, executed
—And if any subject or citizen if the said partier ,
respective!, fall accept an, foreign commjfa, or „
IftMrs of marque, for arming „ vtfel to act
apritmer again, the other part,, and bo, tab, ^f^
v ^ft'tff^ ;
future to 6, darned ecztr^end of v.cr, it is a.
grad, that tenser sbefuiii denGmsnation /ball be
comprised all arms and imphmnn foxing for tie
purpofu of nuar, by land offa,Jucb ar connon,
mufau, mortars, petards, bombs, grenades, car
caffs,faaciffa, carriagesjor cannon, muftet rifle,•
bandoliers, gunpuwdtr, match, Jak petre, balls,
pikes,ftworas, bead pieces, cuirtfs, halberts, lan
ces,javelins, borjefurniture, boOffers, belts, and .
generall, all other implements of war ; as also tim
ber for Jhi, building, tar or rozin, copper in Jbests,
jails, hemp and cordage, and generail, whatever
ma, jerve direal, to the equipment of d/tfls, un
wrougbt iron and fir planks only exetptea ; and all
the above articles are btreb, declared to bojuft^b
jeas of corjifcatien, whenever they are attempted
t^be carried to an enemy.
And whereas the difficult, of agreeing on the
precise cajes in which alone provisions and other
articles not getterall, contraband, ma, be regarded
as such, renders it expedient to provide against the
inconveniences and mijunderflandings which might
thence arije: It is further agreed that whenever
atyuch articles so becoming con^aband according
to the exiting laws of nations, shall for that rea
son befa%td, the fame fall not be corfy^ated, but
the owners tberetffall be fpeedil, and complete, .
indemnified ; and the captors, or in their default
the government under whoje authority the, aa,
/ball pa, to the masters or owners of such vessels the
full value of all articles, with a reafpnablt mer
cantile profit thereon, together with the freight,
and aljo the demurrage incident to such detention.
>And whereas it frequent/, happens that vessels
fail for a pertor place belonging to an enemy, with
out knowing that the fame Is either besieged, block
aded or invefled; it is agreed that ever, vtfelfo
circumflauced ma, be turned awapfrem Juchport
or place, but JbeJhall not be detained, nor her car-,
go, if not contraband, be cenfycated, unless after
notice faJhall again attempt to enter ; butfaJball
be permitted to go to am, other port or place fee ma,
think proper : Nor shall an, vessel or goods of eith
er party, that ma, have entered into such port er
place, before the jame was befitgtd, blockaded or
invefad b, the other, and be found therein ester
the reduaion orJure ender of fuels place, be liable to
confiscation, but Jball be refared to the owners or
proprietors tberetf.
Art. XIX. And that mere abundant case be
taken for the Jecurit, of /be refpe&iwt fubjefts and
citizens ofthe centraaing parties, dnd to prevent
their fuffiring injuries b, the men es war, or pri
vateers of either part,, all commanders of ships of
war and privateers and all others, the said fub
jeas and citizens shall forbear doing an, damage
to thole ofthe other party, or committing any out
rage agaraft them, and if the, aa to the contrary
the, shall be punifad, and fall aljo be bound in
their perfens and eflates to make jatisfaaion and
reparation for all damages and the intersft thereof,
of whatever nature the said damages ma, be.
For this cause all commanders of privateers be
fore the, receive their commiffiousfhall hereafter be
obliged to give before a competentjudge, juficient
feeurit, b, at leaf 'two rejptmjibh fursties, who
have no interest in the said privateer, each of
whom, together with thefaid commander, fyll be
jointly ^foverall, bound in thefum of fifteen hun
dred pounds Jierling, or if such ships & provided
with above one hundred and jift, seamen or foldi
srs, in thefum of three tboysnd poundsfterUng,to
satisfy all damages and injuries, which the said
privateer or ber officers or men, or an, of tbene,
ma, do or commit during their cruize, contrary to
the tenor of this treaty, or to the law, and infrac
tions for regulating their condua ; axd farther,
that in aU casts of aggreffione the said commi fans
shall be revoked and annulled.
It is also agreed, that whenever a judge of a
court of admiralty of either of the parties, shall
prmunce sentence again, an, vefrl or goods or
property belonging to the subjeas or citizen, of the
other party, a formal and duly- authenticated copy
of all the proceedings in the cause, and of the sail
sentence fall if required be delivered to the com
mander ofthe said wffel, without the small, de
lay, he paying all legal fas and demandsfor the