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and in Virtue of our Full Powers signed with our Hands the present Definitive Treaty, and caused the Seals of our Arms to be affix'd thereto.

Done at Paris, this third Day of September, In the year of our Lord one thousand seven hundred & eighty three.

D HARTLEY.

[SEAL.] JOHN ADAMS. [SEAL.]

B FRANKLIN

[SEAL.]

JOHN JAY.
[SEAL.]

1794.

TREATY OF AMITY, COMMERCE, AND NAVIGATION.

(JAY TREATY.)

Concluded November 19, 1794; ratification advised by the Senate with amendment June 24, 1795; ratified by the President; ratification exchanged October 28, 1795; proclaimed February 29, 1796. (Treaties and Conventions, 1889, p. 379.)

This treaty consisted of twenty-eight articles and an additional article relating to the West Indian trade. Articles XI to XXVII expired by their own limitation October 28, 1807, and the entire treaty terminated by the war declared June 18, 1812. The commission under Article V made a declaration, October 25, 1798, as to the true St. Croix River named in the treaty. The commission under Article VI, to consider claims arising from obstructions of judicial remedies, met at Philadelphia May 29, 1797, and their meetings finally suspended July 31, 1799, owing to disagreements. By the treaty of 1802, $2,664,000 was provided to be paid to Great Britain in settlement of these claims. The commission under Article VII, to consider claims arising from illegal captures, met at London August 16, 1796, and suspended its sessions July 20, 1799. The meetings were resumed under the treaty of 1802 and the final meeting was held February 4, 1804. The awards against the United States amounted to $143,428.14 and against Great Britain to $11,656,000.

Federal cases: Fitzsimmons v. Newport Ins. Co., 4 Cranch, 185; Fairfax v. Hunter, 7 Cranch, 603; Harden v. Fisher, 1 Wheat., 300; Jackson v. Clarke, 3 Wheat., 1; Craig v. Radford, 3 Wheat., 594; Orr v. Hodgson, 4 Wheat., 453; Blight's Lessee v. Rochester, 7 Wheat., 535; Society for the Propagation of the Gospel v. New Haven, 8 Wheat., 464; Hughes v. Edwards, 9 Wheat., 489; Shanks v. Dupont, 3 Pet., 242; Forsyth v. Reynolds, 15 How., 358; U. S. v. Nash, Bee's Adm. Rep., 267; Fisher v. Harnden, 1 Paine C. C., 55; Jackson v. Porter, 1 Paine C. C., 457; Society for the Propagation of the Gospel v. Wheeler, 2 Gallison, 105; Gray v. U. S., 21 Ct. Cl., 340.

1796.

ARTICLE EXPLANATORY TO ARTICLE III, TREATY OF 1794. Concluded May 4, 1796; ratification advised by the Senate May 9, 1796. (Treaties and Conventions, 1889, p. 395.)

This article related to the passage of Indians into the territories of both nations. The treaty of 1794 terminated by the declaration of the war of 1812.

1798.

ARTICLE EXPLANATORY TO ARTICLE V, TREATY OF 1794. Concluded March 15, 1798; ratification advised by the Senate June 5, 1798. (Treaties and Conventions, 1889, p. 396.)

This article authorized the commission under Article V of the treaty of 1794 to designate the source of the St. Croix River. The declaration was made October 25, 1798.

1802.

CONVENTION FOR PAYMENT OF INDEMNITIES AND SETTLEMENT OF

DEBTS.

Concluded January 8, 1802; ratification advised by the Senate April 26, 1802; ratified by the President April 27, 1802; ratifications exchanged July 15, 1802; proclaimed April 27, 1802. (Treaties and Conventions, 1889, p. 398.)

laimed

This convention of five articles provides for the payment to Great Britian of £600,000 in full for the claims submitted under Article VI of the treaty of 1794, and for the continuation of the commission under Article VII, and it was agreed that the awards should be paid in three annual installments. It was also agreed that creditors of either country should meet with no impediment in the collection of their debts.

Federal cases: Hopkirk v. Bell, 3 Cranch, 454, 4 Cranch, 164; Dunlop v. Alexander, 1 Cranch C. C., 498.

1814.

TREATY OF PEACE AND AMITY.

(TREATY OF GHENT.)

Concluded at Ghent December 24, 1814; ratification advised by the Senate February 16, 1815; ratified by the President February 17, 1815; ratifications exchanged February 17, 1815; proclaimed Febru ary 18, 1815. (Treaties and Conventions, 1889, p. 399.)

ARTICLES.

I. Peace declared; restoration of territory, archives, etc.

II. Cessation of hostilities. III. Release of prisoners.

IV. Boundaries; determination of northeastern.

V. Boundaries; determination of northern, from St. Croix River to St. Lawrence River.

VI. Boundaries; determination of northern, from St. Lawrence River to Lake Superior.

VII. Boundaries; determination of northern, from Lake Huron to Lake of the Woods.

VIII. Powers of boundary commissions,
etc.

IX. Cessation of hostilities with
Indians.

X. Abolition of slave trade.
XI. Ratification.

His Britannic Majesty and the United States of America desirous of terminating the War which has unhappily subsisted between the two Countries and of restoring upon principles of perfect reciprocity, Peace, Friendship and good Understanding between them, have for that purpose appointed their respective Plenipotentiaries, that is to say, His Britannic Majesty on his part, has appointed the Right Honourable James Lord Gambier, late Admiral of the White, now Admiral of the Red Squadron of His Majesty's Fleet; Henry Goulburn Esquire, a Member of the Imperial Parliament and Under Secretary of State; and William Adams Esquire, Doctor of Civil Laws: and the President of the United States by and with the advice and consent of the Senate thereof has appointed John Quincy Adams, James A Bayard, Henry Clay, Jonathan Russell and Albert Gallatin Citizens of the United States; who after a reciprocal communication of their respective Full Powers have agreed upon the following articles.

ARTICLE THE FIRST.

There shall be a firm and universal Peace between His Britannic Majesty and the United States and between their respective Countries, Territories, Cities, Towns and people, of every degree without exception of places or persons. All hostilities both by Sea and land shall cease as soon as this Treaty shall have been ratified by both parties as hereinafter mentioned. All territory, places and possessions whatsoever taken by either party from the other during the War, or which may be taken after the signing of this Treaty excepting only the Islands hereinafter mentioned shall be restored without delay and without causing any destruction or carrying away any of the Artillery or other public property originally captured in the said forts or places and which shall remain therein upon the Exchange of the Ratifications of this Treaty or any Slaves or other private property. And all Archives Records, Deeds and Papers either of a public nature or belonging to private persons, which in the course of the War may

have fallen into the hands of the officers of either party, shall be as far as may be practicable forthwith restored and delivered to the proper authorities and persons to whom they respectively belong. Such of the Islands in the Bay of Passamaquoddy as are claimed by both parties shall remain in the possession of the party in whose occupation they may be at the time of the Exchange of the Ratifications of this Treaty until the decision respecting the title to the said Islands shall have been made in conformity with the fourth Article of this Treaty. No disposition made by this Treaty as to such possession of the Islands and territories claimed by both parties shall in any manner whatever be construed to affect the right of either.

ARTICLE THE SECOND

Immediately after the ratifications of this Treaty by both parties as hereinafter mentioned, orders shall be sent to the Armies, Squadrons, Officers, Subjects and Citizens of the two Powers to cease from all hostilities: and to prevent all causes of complaint which might arise on account of the prizes which may be taken at Sea after the said ratifications of this Treaty, it is reciprocally agreed that all vessels and effects which may be taken after the space of twelve days from the said Ratifications upon all parts of the Coast of North America from the Latitude of Twenty three degrees North to the Latitude of Fifty degrees North and as far eastward in the Atlantic Ocean as the Thirty sixth degree of West Longitude from the Meridian of Greenwich shall be restored on each side:-that the time shall be thirty days in all other parts of the Atlantic Ocean North of the Equinoctial line or Equator:-and the same time for the British and Irish Channels, for the Gulf of Mexico, and all parts of the West Indies:-forty days for the North Seas, for the Baltic, and for all parts of the Mediterranean:sixty days for the Atlantic Ocean South of the Equator, as far as the Latitude of the Cape of Good Hope:-ninety days for every other part of the World South of the Equator and one hundred and twenty days for all other parts of the World without exception.

ARTICLE THE THIRD

All Prisoners of War taken on either side as well by land as by sea shall be restored as soon as practicable after the Ratifications of this Treaty as hereinafter mentioned on their paying the debts which they may have contracted during their captivity. The two Contracting Parties respectively engage to discharge in specie the advances which may have been made by the other for the sustenance and maintenance of such prisoners.

ARTICLE THE FOURTH

Whereas it was stipulated by the second Article in the Treaty of peace of One thousand seven hundred and eighty three between His Britannic Majesty and the United States of America that the Boundary of the United States should comprehend all Islands within Twenty Leagues of any part of the Shores of the United States and lying between lines to be drawn due East from the points where the aforesaid boundaries between Nova Scotia on the one part and East Florida on the other shall respectively touch the Bay of Fundy and the Atlantic Ocean, excepting such Islands as now are, or heretofore

have been, within the limits of Nova Scotia, and whereas the several Islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the Island of Grand Menan in the said Bay of Fundy, are claimed by the United States as being comprehended within their aforesaid Boundaries, which said Islands are claimed as belonging to His Britannic Majesty as having been at the time of, and previous to, the aforesaid Treaty of one Thousand seven hundred and eighty three within the limits of the Province of Nova Scotia: In order therefore finally to decide upon these claims it is agreed that they shall be referred to two Commissioners to be appointed in the following manner viz: One Commissioner shall be appointed by His Britannic Majesty, and one by the President of the United States by and with the advice and consent of the Senate thereof and the said two Commissioners so appointed shall be sworn impartially to examine and decide upon the said claims according to such evidence as shall be laid before them on the part of His Britannic Majesty and of the United States respectively. The said Commissioners shall meet at St Andrews in the Province of New Brunswick and shall have power to adjourn to such other place or places as they shall think fit. The said Commissioners shall by a declaration or report under their hands and seals decide to which of the two Contracting Parties the several Islands aforesaid do respectively belong in conformity with the true intent of the said Treaty of Peace of one thousand seven hundred and eighty three. And if the said Commissioners shall agree in their decision both parties shall consider such decision as final and conclusive. It is further agreed that in event of the Two Commissioners differing upon all or any of the matters so referred to them, or in the event of both or either of the said Commissioners refusing or declining or wilfully omitting to act as such they shall make jointly or separately a report or reports as well to the Government of His Britannic Majesty as to that of the United States stating in detail the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon which they or either of them have so refused declined or omitted to act. And His Britannic Majesty and the Government of the United States hereby agree to refer the report or reports of the said Commissioners to some friendly Sovereign or State to be then named for that purpose, and who shall be requested to decide on the differences which may be stated in the said report or reports or upon the report of one Commissioner together with the grounds upon which the other Commissioner shall have refused declined or omitted to act as the case may be. And if the Commissioner so refusing, declining or omitting to act shall also wilfully omit to state the grounds upon which he has so done in such manner that the said statement may be referred to such friendly Sovereign or State together with the report of such other Commissioner then such Sovereign or State shall decide ex parte upon the said report alone. And His Britannic Majesty and the Government of the United States engage to consider the decision of such friendly sovereign or state to be final and conclusive on all the matters so referred.

ARTICLE THE FIFTH

Whereas neither that point of the Highlands lying due North from the source of the River St Croix and designated in the former Treaty of Peace between the two Powers as the North West Angle of Nova

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