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.] JOHN JAY. 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. 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 February 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, IX. Cessation of hostilities with X. Abolition of slave trade. 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 |