Page images
PDF
EPUB

His Britannic Majesty, his heirs and successors, and the United States of America; and between their respective countries, territories, cities, towns, and people, of every degree, without exception of persons or places.

Art. II. His Majesty will withdraw all his troops and garrifons from all posts and places within the boundary lines affigned by the Treaty of Peace to the United States. This evacuation shall take place on or before the first day of June, 1796, and all the proper measures shall in the interval be taken by concert between the government of the United States, and His Majesty's Governor-general in America, for fettling the previous arrangements which may be necessary respecting the delivery of the faid posts : the United States, in the mean time, at their difcretion, extending their settlements to any part within the faid boundary line, except within the precincts or jurifdiction of any of the faid posts. All fettlers and traders within the precincts or jurisdiction of the said posts shall continue to enjoy, unmolested, all their property of every kind, and shall be protected therein: they shall be at full liberty to remain there, or to remove with all or any part of their effects; and it shall also be free to them to fell their lands, houses, or effects, or to retain the property thereof, at their difcretion; fuch of them as shall continue to reside within the said boundary lines, shall not be compelled to become Citizens of the United States, or to take any oath of allegiance to the Government thereof, but they shall be at full liberty fo to do, if they think proper, and they shall make and declare their election within one year after the evacuation aforefaid. And all persons who shall continue there after the expiration of the faid year, without having declared their intention of remaining subjects of His Britannic Majesty, shall be confidered as having elected to become Citizens of the United States.

Art. III. It is agreed that it shall at all times be free to His Majesty's subjects, and to the Citizens of the United States, and alfo to the Indians dwelling on either fide of the faid boundary line, freely to pass and repass, by land or inland navigation, into the respective territories and countries of the two parties on the Continent of America

1

:

America (the country within the limits of the Hudson's Bay Company only excepted) and to navigate all the Lakes, Rivers, and Waters thereof, and freely to carry on Trade and Commerce with each other. But it is understood, that this Article does not extend to the admiffion of vessels of the United States into the Sea Ports, Harbours, Bays, or Creeks of His Majesty's faid Territories; nor into fuch parts of the Rivers in His Majesty's faid Territories as are between the mouth thereof, and the highest port of entry from the Sea, except in small vessels trading bona fide between Montreal and Quebec, under such regulations as shall be established to prevent the poffibility of any frauds in this respect; nor to the admiffion of British vessels from the Sea into the Rivers of the United States, beyond the highest Ports of entry for foreign vefsels from the Sea. The River Miffiffippi shall, however, according to the Treaty of Peace, be entirely open to both parties; and it is farther agreed, that all the Ports and Places on its Eastern Side, to which foever of the parties belonging, may freely be resorted to, and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of His Majesty in Great Britain.

All goods and merchandise whose importation into His Majesty's faid Territories in America shall not be entirely prohibited, may freely, for the purposes of Commerce, be carried into the fame in the manner aforesaid, by the Citizens of the United States, and fuch goods and merchandise shall be subject to no higher or other duties than would be payable by His Majesty's subjects on the importation of the fame from Europe into the faid Territories. And in like manner, all goods and merchandise whose importation into the United States shall not be wholly prohibited, may freely, for the purpose of Commerce, be carried into the fame, in the manner aforesaid, by His Majesty's subjects; and such goods and merchandise shall be subject to no higher or other duties than would be payable by the Citizens of the United States on the importation of the fame, in American vessels, into the Atlantic ports of the faid States. And all goods not prohibited to be exported from the faid Territories respectively, may, in like manner, be carried out of the fame by the two parties respectively, paying duty as aforesaid.

No

No duty of entry shall ever be levied, by either party, on peltries brought by land or inland navigation into the faid Territories respectively; nor thall the Indians, paffing or repassing with their own proper goods and effects, 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 confidered as goods belonging bona fide to Indians.

No higher or other tolls or rates of ferriage than what are or shall be payable by natives, shall be demanded on either fide; and no duties shall be payable on any goods which shall merely be carried over any of the portages or carrying places on either fide, for the purpose of being immediately re-embarked and carried to fome other place or places. But as by this stipulation it is only meant to fecure to each party a free passage across the portages on both fides, it is agreed, that this exemption from duty shall extend only to fuch goods as are carried in the usual and direct road across the portage, and are not attempted to be in any manner fold or exchanged during their pafsage across the fame, and proper regulations may be established to prevent the possibility of any frauds in this respect.

As this article is intended to render in a great degree the local advantages of each party common to both, and thereby to promote a disposition favourable to friendship and good neighbourhood, it is agreed, that the respective Governments will mutually promote this amicable intercourse, by caufing speedy and impartial justice to be done, and neceffary protection to be extended to all who may be concerned therein.

Art. IV. Whereas it is uncertain whether the River Miffiffippi extends so far to the Northward as to be interfected by a line to be drawn due West from the Lake of the Woo's in the manner mentioned in the Treaty of Peace between His Majesty and the United States, it is agreed, that measures shall be taken in concert with His Majefty's Government in America, and the Government of the United States, for making a joint survey of the faid river from one degree of latitude below the Falls of St. Anthony, to the principal fource or fources of the faid river, and also of the parts adjacent thereto; and that if

[blocks in formation]

1

on the result of such survey, it should appear that the faid river would not be interfected by such a line as is abovementioned, the two parties will thereupon proceed by amicable negociation to regulate the boundary line in that quarter, as well as all other points to be adjusted between the faid parties, according to justice and mutual convenience, and in conformity to the intent of the faid Treaty.

Art. V. Whereas doubts have arisen what river was truly intended under the name of the river St. Croix, mentioned in the faid Treaty of Peace, and forming a part of the boundary therein described, that question shall be referred to the final decision of Commissioners to be appointed in the following manner, viz.

One Commiffioner shall be named by His Majesty, and one by the Prefident of the United States, by and with the advice and confent of the Senate thereof, and the said two Commiffioners shall agree on the choice of a third; or if they cannot fo agree, they shall each propose one perfon, and of the two names so proposed, one shall be drawn by lot in the prefence of the two original Commiffioners. And the three Commissioners fo appointed, shall be fworn impartially to examine and decide the faid question according to such evidence as shall respectively be laid before them on the part of the British Government and of the United States. The faid Commissioners shall meet at Halifax, and shall have power to adjourn to such other place or places as they shall think fit. They shall have power to appoint a Secretary, and to employ fuch Surveyors or other persons as they shall judge necessary. The faid Commiffioners shall by a Declaration under their hands and feals decide what river is the river St. Croix intended by the Treaty. The faid Declaration shall contain a description of the said river, and shall particularize the latitude and longitude of its mouth, and of its fource. Duplicates of this Declaration, and of the statements of their accounts, and of the journal 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 respectively appointed and authorized to manage the business on behalf of the respective governments. And both parties agree to confider such decision as final and conclusive, so as that the same shall never thereafter be called into question,

[ocr errors]

question, or made the subject of dispute or difference between them.

Art. VI. Whereas it is alledged by divers British merchants and others, His Majesty's Subjects, that debts to a confiderable amount, which were bona fide contracted before the Peace, still remain owing to them by citizens or 'inhabitants of the United States, and that by the operation of various lawful impediments since the Peace, not only the full recovery of the faid 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 compenfation for the losses and damages which they have thereby fustained: it is agreed, that in all fuch cases where full compenfation for such losses and damages cannot, for whatever reason, be actually obtained, had, and received by the said creditors in the ordinary course of juftice, the United States will make full and complete compenfation for the fame to the faid creditors: but it is dif tinctly understood, that this provision is to extend to such losses only as have been occafioned by the lawful impediments aforefaid, and is not to extend to losses occafioned by fuch infolvency of the debtors, or other caufes as would equally have operated to produce fuch lofs, if the faid impediments had not exifted, nor to such losses or damages as have been occafioned by the manifest delay or negligence, or wilful omiffion of the claimant.

For the purpose of ascertaining the amount of any such losses and damages, five Commissioners shall be appointed, and authorized to meet and act 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 consent of the Senate thereof, and the fifth by the unanimous voice of the other four; and if they should not agree in fuch 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 prefence of the four original Commiffioners.

When the five Commissioners thus appointed shall first meet, they shall, before they proceed to act respectively, take

« PreviousContinue »