The Eagle, or, Dartmouth centinel — Hanover, N.H., 1795-07-27 00:00:00, page 2

Miffifippi (hall however, according to
the Treaty of Peace, be entirely open to
both parties ; and it is further agreed,,
that all the ports and place, on its East.
ern fide to whittiftfever of the parties
belonging, may freely be reformedto;
and used by both parties, in as ample a
Manner as any of the Atlantic ports or
places ofrhe United States, or any of
the ports or places of his Majesty ih.
Great Britain. - . ;
Ail goods and merchandize whole.
importation into his Majefty'a territo
ries in America, fall not be entirely
prohibited, ma/freely, for the ptirp&ir
of Commerce be carried into the fame ;
in th^ ifenner aforefaid/bithe citizens
of the United States, and such goods
and merchandize foil be fabjed to* tio
higher or Other duties thrift should be
payable by his Majefts 's fubjf&on the
importation of the fime from Europe .
into th' fiid territories. 'And in like
manner, all goods and merchandize
uhofe importation into the United
Stares ffiall not be wholly prohibited,
mar freely, for 'he purposes of Com
tierce,be caffi d into the fame, in the
manner aforesaid, by his Marty's fi&
je&i, and inch godd& avd merchandize
(bail be fubjeft to no highetyrother du.
tiesohan would be payable by th citi
zens ,of the United Swe,%, the impor-'
ration of,he fame id American? leffeb
into tte&hmfc pdfetepfe said Srae,.
And all grid's r/Tprobibioed to be ex
ported fipm the said ^foi^
iveh, may in like manner b carried
out of the fame by the twofyaftie, re£
pe&iveb , paging duh as aforefaid.
No duly ofen'ry (hallever be levied
by either party en peUHes brought by
land, nr inland na igaion in o>he said
terfrfifteV ref^ norihaH the In
diahypaffoty or refeffing with their own
pt } g: f cd,ano &ff ft<of whatever na
tu§tlf for the fame any impost or
,duty 'whatever. Rip goods in bales,
or otherlarge pcfcages onefital among
Indians, Dial, not ,b cobfid^red a>
goods belonging b^afide to the In-
N : higher or other tots or rates, of.
f^'<'^% e ''"n & h?t hißbfffi^ be pay
as!< by natives, shall be demanded on
&¥tf^ ; and no duti sfhaß be piv^
abliffaany good yhicfi foil merely be.
carried o'vet any of the parages pt care
„ing;fohice# on either,file, for he pur
poft: of being imm^iaudy rciffi^,ked
~>rorcrt#mtt^^.AMT ^#< ^ pla
ces;? But ?sfy'fft UipuU'jSn i i,on- [
lament to fecuie to ^ch prity a free
passage across the po^iaggs on bpih
fees, it is agreed, that this exemption
from du^ find efrenJ only, to fcfi
g&& as afecarried in the, usual and
di:t<ft road a c'/of he portage, and are
notarrempred tobe in any manner fold
orexchanged during 'fair passage a ~
erdfs the fame, and'proper regulations
may be eftablilhed to prevent the ppfli
bility crfan% frauds in this jrefprft.
As thisarticle is intended to rente
in a great degree the local advantages
of each party common to b?th, and
thereby to promote a difpofiion favor- ,
able to friendfh ip and good neighbor
hood, it is agreed thar rhe refyaive ,
/Governments will mu r ually promote
this amicabh Itercou rfe, by causing
speedy and impartial justice to be done,
and neceflary protection to be extended
to all wbp mat be. concerned therein/^,[
Art, 4. Whereas it is uncertain ^ he-'
thetth River Miffifippi extends so far
to the Northward as obe interfered
by dfine to be drawn due Weft from the
lake of the Woods in the roanger fob
, tiofied in the 1 rear <4 Peace , between
his Mdjefty -nd the United Siate, it is.? ;
agreed, that mrafurcs flball be takrrijn.
concern between his Minify gorern
merit jn America and ths government
)/plffic^ a joint
fu # ve of the said river from ope degree
of latitude below the Falls of : s<. Asif
moityi to the principal sauces of the
said river, and also QI the paha.adja
cent thereto ; and that if on the result
of such survey, it should appear that ;
the fiid river would .not be interferedJ
by such 9 line as is above mentioned,
the'two parries will th renpon proceed j
by amicable negotiation to^gulate
the boundary line in that quarter, as
Til as all other points to be adjafted ;
between the said parties, according to ;
justice and mutual convenience, ano in ft
conformity to the intent of the laid [
Treaty. ' ? • ',j
Art. 5. Whereas doubts have arisen 1
wmt rivet wa truly intended und r the
name of the river St. Croix, mentioned
;in he said Treaty bf Peace, and for
ming apart of the 6 ruudary therein ,
defcribe^, that question shall be refer-
red tothe rtnal deci fionofCbnimiffion -
ers to be typoinred in the foltowiog
manner, viz.
Orie Coinmiffioner shall be named by
his Majesty and one by the freft lent of
the United States, by and with the ad
vice and conf,nt of the Senate thereof,
and the said two Cortimiffioners shall a-.
glee oh the choice of a third ; or if they
cannot so agree, they shall each propose
,orie perfori, and of the two names so
proposed, one shall be drawn by lot in,
the pr fence of two original Commif
floners^ And the three Commissioners
so appointed, shall befworn impartially
to examine and decide the said question
according to such evidence as shall ref
pedfully be laid before them on the part
of the British Government and of the
United Stages, The said tommiffim
ers shall meet at Hallifax, and shall
have power to adjoerd "to such other
,place or places as thev shall think fit.
They shall have' power to appoint a
Seefeto,, arid to employ such forveyors
or other perfogs as they shall judge ne
cessary.. The said Commiffioriers shall
by a declaration under their hair's and
seals decide what river is the river Sr;
Croix intended by the treaty. The
said declaration ffiill coiftam a def&ip
tton of the said rfterjand (hail parricu
• laiize the Initide and longitude of its
mouth and of is fotirce.-—Duplicates
of this declaration and of the statements
oftheir accounts, and of the journal of
their proceedings shall be delivered by
them to, he "Agent ,fhis Maj ft, and
to the^Ag tvofthe Uni rd States, who
nrg.be refpe&ivel% appointed and au-'
ihorized to manage the bufiriefs on bt
tyf of the refperiive- Governments.
^A '°*^ patties agree to c^fider such
ditcifion as final and conclusive, fo.as
.hat the fame dial! never thereafter be
^Called in question, "or made the fubjeft
of dispute or©fference between them.
Air, 6, W/eroas it is alledged bv di
vers Bririth merchants and others his,
Mgcity's fubjetW; that debts to a con.
liderabie am unt, which were buna sde
contracted b fore.the peace, still remain
mowing 0 them by citizens' or inhabi
tants of the United States, and that by
die operatic ,lof van & lawful impeji-,
mehtsGice the peace, not only the luj!
rccekvr, of ,he hid dob;dha~ b'fri de
la, ed ha also the value and' fecurit,
hereof hav^ been in several infracts
impaired arid'lt&<@ifo hm bfa&
^rafhafy coumot judicial p ocee iffy,
the B i<ifh creditors cannot now obtain,*
and)aftdally -have and receive fall and
adequate compenfarion for the lofles
and damages Which they have thereby"
fyftained; It is agreed, that in all such
caf < where full compensation for such
fjficb and damages cannot tor Whatever
rWafon oe actually obtained, had and ft
ceived by the said creditors in the or
dinary course of justice, the United
States will make full and complete com
pensation for the said creditor,: Bu r it
is diflinti/ understood that this proyif
im is to extend to such? losses only as
have begin occafi med by the lawful im
pedimrnts aforefaid, and is not to ex-'
end to l^frs occalioried by such infol
venc, of the debtors, or other c+ufes as
would eauaftyhave operated to produce ,
such loss, if the Aid impediments had
riot exited; nor to fticti loff^ darns,
ges as have been occasioned by the mam.
itefrdHay or negligence, or wilful omif
fh,n<db he claimant.
F,r.& purple of afeettaining the
amount of arty such losses and rafnage%
five commissioners mail be appointed,
arid authorized tb-ffiffi and aft in man
acr following, viz. Tw, of thfm shall
be appointed bv his Majelty, two of
them by the P/rfilent of the U[niflpd,
Stares by and with the advice and gnu.
fern Os the Senate thereof, and the fifth
b, the unanimous voice of the other,
four ; and if they fyaiki not agree in
such choice,,hen <tys^^ na
med b'v theiwo parties (hall, refpe&ive
l.y propose one petfon, arid of the two
names fopropo/ed, one shall be drawn
fy lot in the prefende of the four origi
nal Commiffroners. .When the five'
Commiffioner^, thus appointed shall firft
meet, the, (hail;before thty proceed 10
ari refpettivel, , take the following oath
"or affirmation, in rhe presence of each
other, which oath or affirmation being
so takenand duly atteSed, shall be en
tered on the record of their proceedings,
viz.--I, A B. one of the Commission
ers appomfed in porfuance of the ' 6 h
article erf the tieat, of Amity, Com
merce, and Navigation between his
Britannic Mjefty and the United
States of America, do fpltmnly swear,
or affirm, that I ^ill honefily diligent
ly, impartially, and carefully examine,
arid to the best ofmy judgment, accor
ding to justice and equity, decide all
such complaints, as under the said arti
cle; shall be preferred to the said Com
miffi iners; anil that I will forbear to
aft as a Commissioner in any case in
which I may be personally intetefted.
Three of the said Commissioners fha"
constitute, aboard, and sh 11 have pow^
er to do any a& appertaining to the Aid
CommUhon, provided that one, of the
Commissioners named on each fide, and
the fifth Commissioner shall be present,
? and all decisions ihail be made by th<
majority of the voices of the Commit
fioners then prefenr ; 18 months from
the day on which the said Commiffiin
ers shall form a board and he ready to
proceed to business, are aligned for re
ceiving complaints, and applications;
but they are nevertheless authorized in ~
any particular, cases in which ivfhall ap
pear to them to be reasonable and just,
to extend the said term of eighteen
months for any term not exceeding fifa •
months, after the expiration thereof.'
The said Commiffiotieri shall firft meet
at Philadelphia, but they shall have pow
er to adjourn from place to place as they
shall fee cause,
The said Commissioners in examining
the complaints ind applications so pre
ferred to th m, ate empowered and re
quired, in pursuance of 'be true invent
and meaning of this article, to fake in-'
to their confidera ion all claims, wheth'
.er-of principal or inrereft, or bal nce>.
of principal and iriterett, and to de^i
mine the fame refperiively, according
to the merits of the several cases, due
regard being had to all the circu mtian • .
ces thereof, and as equity and juuice
shall appear to them to require. Aad
the said Commiflionep fhbtlhave p>w
er to examine ah such perlons as (ha
come before them on oath or affirma
tion touching the premise ; and also id
receive in evidence accolditig as they
njaythink molt continent wi h equity
arid justice; al written depofaions, or
books 'or papers, or copie•,or extracts
thereof, every such d-pofi ion, book, of
paper, or Copy, or extract, being duly
autrfenticar d, either according 'o ^
• legal form, now refpectiveh existing in
the two countries, or in such other
in+oner as the said Comuiiilioncri mail
fee cause to require.or allow.
The award of the said Commissioners
or of any three of them as aforrfiid,
(halt in alt cases befall and conciufive,
ba has to th? jufticeof the claim; and
to the amount ot the fata to be paid to
the creditor or claimant : And th. Uni
ted Spates undertake to cause the sum
so awarded to be paid in fyecie to such
creditor or claimant without deduc
tion , and at such time or times) and
at such place or places as shall be award
ed h the said Comm ?ffion is ; and on
condition 'bf such rejeafes or alignments
to be given by the c' r editor'or claimant,
as by the said Commissioners may be
directed*: Provided always/ that no
such payment shall be fixed by the said
/Commiffionets to take place footer'
than twelve months from the day of the'
exchange of the ratifications of this
Treaty. '
' Ar. 7. Wher as complaints ,haye
bren made b, divers merchants and
others, citizens of the United States,
that during the coutfe of the war in
which his Majetti is now engaged, they
have sustained considerable loffes' and
damage, by reason of irregular or allegal
captures or condemnations of their
vHT.-ls and other property under color
of authority- or commillions from hi#
Majesty, and 'that from various, circum
" fiances belonging to the said cases, ad
equate cbmpenfation for the lesses and
and damageSfrfo futtained cannot uowbe
a&ually obtained> has and recieved by
the ordinary course of judicial procee
dings : it is agreed, that in all such cale.
where adequate compenfa ion cannot,
for whatever reason be now actually ob
tained, had and received by the , said;
merchant's arid others in the ordinary
;coarfe of judice, fall arid complete compete
fation far the fame will be made by the -Bri
tish Government to the said complainants.
But it is difhn&ly understood that tss proyi
fion is not to extend to such losses or damage#
las have been occaGoried by the manifeft delay
or negligence, or wilful omission of the
claimants*.' '\-'^Fjt.' ' ''
That for the purpose of ascertaining .the
amount of any such losses and damages, five
• commissioners ffidl be appointed and author
ized to a& to London, exaftly in the gannet
direaed,with re fpe& to those mentioned in
the preceding article, and after having t^ken
the fameoath or affirmation (M^atitraton^)
the fame term of eighteen: montbswatfe.;
affi pied for the reception of claims, and they
arc is like manner authorized to extend the %
:
fame so perticulu Cases. Tbey shall refers,
teftimeny, books, papers and evidence in th:
fame latitude, and exercise the like diferetiou
and powers rdpe&ing that fubjea; and (hal|
decide the chimes in queftin according to the
claves in question according to the merits of
the several cafalrod to Jefttee, equity, and
the laws of nations. The award of the said
Commiff inert, or any such there of them as
aforesaid, shall, in all cases be final and con
elufive, both as to the juflice of the claim,
and the amount of the (am to be paid to the
claimant ; and his Britannic Mjeftv under
takes to cause the fame to be paid to such clai
mant in specie, without any dedwHion, at such
p ace or places, and at such time or times as
than be awarded by the said Cammiffioners,
and on condition of such releases or affigt
newts to be given by the claimants, as by the
f/Td Commissioners ma, be direfled.-
And. whereas certain merchants and other#
his Maj fly's fubjea# complain that in the
.courfe.of the w^r they have fuGained loss and
damage by reason of the, capture of the vessels
and merchandize taken within the limits and
jurifdiaiop of ,hc ffates and brought into the
ports of the fame, of taken by vcffels origiall^
armed in ports of , the laid flat,.
"It is agreed th;tin all fachcaCs where rc-
Aitutibri shall not havebeen made agreeable
to the tenor of the letter from M r J:frffik,
to Mt Hammond, dated at Philadelphia;
Sept. 5, 1793, a copy of which is annexed to
this Treaty : the complaints, of the parties
(hi I he and hereby are referred to the com
.m.ffi>nrrs to be appointed by virtue of this
article, who are her by authorized and re
quired to proceedin like manner relatve to,
t*efr as to the other cases committed to them;
and the United States undertake to pay to the
complainants or claimants in specie, without
ddua>oo, the amount of fuels feds as shall.
ne awarded to them refoe&ivelv by the said
commrffio ers, and at the times aqd places
which in such awards shall be fpecified ; and
on conditions of such awardtfhall be fpecifo
ed ; and on conditions of such relerfes or as- 1
fignments to be given by, the claimants as in
the said awards may be dire&d: And it i,
further agreed that not only the now exuding
cases of both def riptio r s but af> all inch as
Ihall * xid at the time of exchanging the rati
fications of this faeaty (hall be considered is\
being within the provisions, intent and mean
ing of this article.,
(fobe CoHtmard)
PRINCIPAL'OJLU^REQ^
Oftbe rar i](„.
(Continuedfort onr last)
17. The treaty of Horne Tooke com/
Imenced. Advice received of ;he cap (irf
of Pampeluni bv the French. The
French def ated the Spaniards, but lofc
their General (Dagomier.)
ty Parliament prorogued till the
j@h of December. A rfeaty ofamitv,
e@m?rc e , and navigation, figned_
between Great Britain and America.
20. Th • Jacobins of Paris overcome;
bv the Convention; The Spaniard#
defeated, and Count de I'&uion, their
General, killed:.
' (3- His Majhfty granted a commit/
fion for concluding a marriage between
the Prince of Wales and the PrincefiL
Caroline Amelia Elizabeth of Brunf.'
wick.,
23. Mr. Bell's great brewery in the
P|eafince,Edinbtirgh, burnt down.
, Decree of accufafion passed agaiuft
Carriere.
24 Horne Tooke acquitted after a
trial of five days.
„/A dreadful fire at Beylin, which
confirmed the Palace of Weather, &c.
December 1. Messrs. Kidd, Bonny,
Joyce, and Hhlcrofr put to the bar, and
acquitted. —The trial of Mr, Thelw^l
defeated, at Meatz, when they loft 4006
men.'
4. Messrs. Twigg's cotton mill, Pais
ley burnt dowh. The St. Isadore, a
Spanish 74 . gun (hip; wrecked;
f. foe Suffrages of all the Colleges of
the Germanic Empire, werg in favor of
peacd. .•
6. The Duke of York arrived fronr
the ^emtineot.'
& Account, recieved of the recapture
of Sf. Marc, io St, Domingo, by 'the
- French.
Ifo Earl Fitzwilliam appointed Lord
Lieut, of Ireland. , ' # ,
.ft ^r.Pit't' xloan for 18
or 24,000,0001. sterling./
f^ Advice receive of the re-eapturet
ofLeogan, S'. Domingo, arid the ' moil
part of the Island of Ouodaloupe by the
French. >^ •
14. The cabinet ordered 40,000
men to be raffed in Great. Britain and
Ireland. .
r 7^'° ^"^^"^^
Lqtd/Refid ^of the Pravy Council-4
The Eari ofgtafom appointed keeper