from the State of Pennsylvania, President of the Convention of the sd State, and Minister Plenipotentiary from the United States of America at the Court of Versailles; John Jay, Esqre, late President of Congress, and Chief Justice of the State of New-York & Minister Plenipotentiary from the said United States at the Court of Madrid; to be the Plenipotentiaries for the concluding and signing the present Definitive Treaty; who after having reciprocally communicated their respective full Powers, have agreed upon and confirmed the following Articles: ARTICLE 1st His Britannic Majesty acknowledges the sa United States, viz. New-Hampshire, Massachusetts Bay, Rhode-Island & Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina & Georgia, to be free sovereign & Independent States; that he treats with them as such, and for himself his Heirs and Successors, relinquishes all claims to the Government Propriety & Territorial Rights of the same & every Part thereof. ARTICLE 24 And that all Disputes which might arise in future on the Subject of the Boundaries of the said United States, may be prevented, it is hereby agreed and declared, that the following are and shall be their Boundaries, viz. From the North West Angle of Nova Scotia, viz. That Angle which is formed by a Line drawn due North from the Source of Saint Croix River to the Highlands along the said Highlands which divide those Rivers that empty themselves into the River St Lawrence, from those which fall into the Atlantic Ocean, to the Northwesternmost Head of Connecticut River: Thence down along the middle of that River, to the forty fifth Degree of North Latitude; From thence by a Line due West on said Latitude until it strikes the River Iroquois or Cataraquy; Thence along the middle of said River into Lake Ontario; through the Middle of said Lake until it strikes the Communication by Water between that Lake & Lake Erie; Thence along the middle of said Communication into Lake Erie; through the middle of said Lake until it arrives at the Water Communication between that Lake & Lake Huron; Thence along the middle of said Water-Communication into the Lake Huron, thence through the middle of said Lake to the Water Communication between that Lake & Lake Superior, thence through Lake Superior Northward of the Isles Royal & Phelipeaux, to the Long Lake; Thence through the Middle of said Long-Lake, and the Water Communication between it & the Lake of the Woods, to the said Lake of the Woods; Thence through the said Lake to the most Northwestern Point thereof, and from thence on a due West Course to the River Mississippi, Thence by a Line to be drawn along the Middle of the said River Mississippi until it shall intersect the Northernmost Part of the thirty first Degree of North Latitude. South, by a Line to be drawn due East from the Determination of the Line last mentioned, in the Latitude of thirty one Degrees North of the Equator, to the Middle of the River Apalachicola or Catahouche. Thence along the middle thereof to its Junction with the Flint River, Thence strait to the Head of St. Mary's River, and thence down along the middle of St. Mary's River to the Atlantic Ocean. East, by a Line to be drawn along the Middle of the River St. Croix, from its Mouth in the Bay of Fundy to its Source, and from its Source directly North to the aforesaid Highlands, which divide the Rivers that fall into the Atlantic Ocean from those which fall into the River St. Lawrence; comprehending all Islands within twenty Leagues of any Part of the Shores of the United States, & 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 the said Province of Nova Scotia. ARTICLE 3d It is agreed that the People of the United States shall continue to enjoy unmolested the Right to take Fish of every kind on the Grand Bank and on all the other Banks of New-foundland, also in the Gulph of St Lawrence, and at all other Places in the Sea where the Inhabitants of both Countries used at any time heretofore to fish. And also that the Inhabitants of the United States shall have Liberty to take Fish of every kind on such Part of the Coast of New-foundland as British Fishermen shall use, (but not to dry or cure the same on that Island) and also on the Coasts Bays & Creeks of all other of his Britannic Majesty's Dominions in America, and that the American Fishermen shall have Liberty to dry and cure Fish in any of the unsettled Bays, Harbours and Creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled ⚫ but so soon as the same or either of them shall be settled, it shall not be lawful for the said Fishermen to dry or cure Fish at such Settlement, without a previous Agreement for that purpose with the Inhabitants, Proprietors or Possessors of the Ground. ARTICLE 4th It is agreed that Creditors on either Side shall meet with no lawful Impediment to the Recovery of the full Value in Sterling Money of all bona fide Debts heretofore contracted. ARTICLE 5th It is agreed that the Congress shall earnestly recommend it to the Legislatures of the respective States to provide for the Restitution of all Estates, Rights and Properties which have been confiscated belonging to real British Subjects; and also of the Estates Rights and Properties of Persons resident in Districts in the Possession of his Majesty's Arms, and who have not borne Arms against the said United States. And that Persons of any other Description shall have free Liberty to go to any Part or Parts of any of the thirteen United States and therein to remain twelve Months unmolested in their Endeavours to obtain the Restitution of such of their Estates Rights & Properties as may have been confiscated. And that Congress shall also earnestly recommend to the several States, a Reconsideration and Revision of all Acts or Laws regarding the Premises, so as to render the said Laws or Acts perfectly consistent, not only with Justice and Equity, but with that Spirit of Conciliation, which, on the Return of the Blessings of Peace should universally prevail. And that Congress shall also earnestly recommend to the several States, that the Estates, Rights and Properties of such last mentioned Persons shall be restored to them, they refunding to any Persons who may be now in Possession, the bonâ fide Price (where any has been given) which such Persons may have paid on purchasing any of the said Lands, Rights or Properties, since the Confiscation. And it is agreed that all Persons who have any Interest in confiscated Lands, either by Debts, Marriage Settlements, or otherwise, shall meet with no lawful Impediment in the Prosecution of their just Rights. ARTICLE 6th That there shall be no future Confiscations made nor any Prosecutions commenc'd against any Person or Persons for or by Reason of the Part, which he or they may have taken in the present War, and that no Person shall on that Account suffer any future Loss or Damage, either in his Person Liberty or Property; and that those who may be in Confinement on such Charges at the Time of the Ratification of the Treaty in America shall be immediately set at liberty, and the prosecutions so commenced be discontinued. ARTICLE 7th There shall be a firm and perpetual Peace between his Britannic Majesty and the said States and between the Subjects of the one, and the Citizens of the other, wherefore all Hostilities both by Sea and Land shall from henceforth cease: All Prisoners on both Sides shall be set at Liberty, and his Britannic Majesty shall with all convenient speed, and without causing any Destruction, or carrying away any Negroes or other Property of the American Inhabitants, withdraw all his Armies, Garrisons & Fleets from the said United States, and from every Port, Place and Harbour within the same; leaving in all Fortifications the American Artillery that may be therein: And shall also order & cause all Archives, Records, Deeds & Papers belonging to any of the said States, or their Citizens, which in the Course of the War may have fallen into the Hands of his Officers, to be forthwith restored and deliver'd to the proper States and Persons to whom they belong. ARTICLE 8th The Navigation of the River Mississippi, from its source to the Ocean shall for ever remain free and open to the Subjects of Great Britain, and the Citizens of the United States. ARTICLE 9th In Case it should so happen that any Place or Territory belonging to great Britain or to the United States should have been conquer'd by the Arms of either from the other before the arrival of the said Provisional Articles in America it is agreed that the same shall be restored without Difficulty and without requiring any Compensation. ARTICLE 10th The solemn Ratifications of the present Treaty expedited in good & due Form shall be exchanged between the contracting Parties in the Space of Six Months or sooner if possible to be computed from the Day of the Signature of the present Treaty. In Witness whereof we the undersigned their Ministers Plenipotentiary have in their Name 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.] 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.) 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. |