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cial inter

courfe

between

the two

Commer- ports of entry for foreign veffels from the fea. The river Miffifippi fhall, however, according regulated to the treaty of peace, be entirely open to both parties; and it is further agreed, that all the ports and places on its eastern fide, to whichfoever of the parties belonging, may freely be reforted to and ufed 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 Majefty in Great-Britain.

parties on the continent of America.

All goods and merchandize whofe importation into his Majesty's faid territories in Ame rica, fhall not be entirely prohibited, may freely, for the purposes of commerce, be carried into the fame in the manner aforefaid, by the citizens of the United States, and fuch goods and merchandize fhall be subject to no higher or other duties, than would be payable by his Majesty's fubjects on the importation of the fame from Europe into the faid territories. And in like manner, all goods and merchandize whofe importation into the United States fhall not be wholly prohibited, may freely, for the purpose of commerce, be carried into the fame, in the manner aforefaid, by his Majesty's fubjects, and fuch goods and merchandize fhall be fubject 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 veffels into the Atlantic ports of the faid ftates. And all goods not prohibited to be exported from the faid territories refpectively, may in like manner be carried out of the fame by the two parties refpectively, paying duty as aforefaid.

No duty of entry fhall ever be levied by either party on peltries brought by land, or inland navigation into the faid territories re

cial inter

between

fpectively, nor fhall the Indians paffing or re- Commerpaffing with their own proper goods and ef- courfe fects of whatever nature, pay for the fame any regulaled impoft or duty whatever. But goods in the two bales, or other large packages, unufual among parties on Indians, fhall not be confidered as goods be- nent of longing bona fide to Indians.

No higher or other tolls or rates of ferriage than what are or fhall be payable by natives, fhall 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-imbarked and carried to fome other place or places. But as by this ftipulation it is only meant to fecure to each party a free paffage across the portages on both fides; it is agreed, that this exemption from duty fhall extend only to fuch goods as are carried in the ufual and direct road across the portage, and are not attempted to be in any manner fold or exchanged during their paffage across the fame, and proper regulations may be established to prevent the poffibility of any frauds in this refpect.

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 difpofition favorable to friendship and good neighbourhood, it is agreed, that the refpective governments will mutually promote this amicable intercourfe, by caufing speedy and impartial justice to be done, and necessary protection to be extended to all who may be concerned therein.

ARTICLE IV.

Whereas it is uncertain whether the river Miffifippi extends fo far to the northward, as

the conti

America.

Survey of to be interfected by a line to be drawn due the Mi- weft from the Lake of the Woods, in the manfippi to be made. ner mentioned in the treaty of peace between his Majesty and the United States; it is agreed, that measures fhall be taken' in concert between his Majefty's government in America and the government of the United States, for making a joint furvey 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 alfo of the parts adjacent thereto; and that if on the refult of fuch furvey, it should appear that the faid river, would not be interfected by fuch 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.

Commif

is the river

ARTICLE V.

Whereas doubts have arifen 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 defcribed; that queftion fhall be referred to the final decifion of commiffioners to be appointed in the following manner, viz.

One commiffioner thall be named by his fioners to Majefty, and one by the Prefident of the Unibe appointed to decide ted States, by and with the advice and confent what river of the Senate thereof, and the said two comSt. Croix miffioners shall agree on the choice of a third; intendedby or if they cannot fo agree, they fhall each proof peace to pofe one perfon, and of the two names fo proboundary pofed, one fhall be drawn by lot in the preof the U. s. fence of the two original commiffioners. And

the treaty

be the

fioners to

be appoint

river is the

tended by

of peace to

of the U. S.

the three commiffioners fo appointed, fhall be Commif fworn, impartially to examine and decide the faid queftion, according to fuch evidence as ed to defhall respectively be laid before them on the cide what part of the British government and of the river St. United States. The faid commiffioners fhall Croix, inmeet at Halifax, and fhall have power to ad- the treaty journ to fuch other place or places as they be the fhall think fit. They fhall have power to ap- boundary point a fecretary, and to employ fuch furveyors or other perfons as they shall judge neceffary. The faid commiffioners fhall, by a declaration, under their hands and feals, decide what river is the river St. Croix, intended by the treaty. The faid declaration fhall contain a defcription of the faid 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, fhall be delivered by them to the agent of his Majefty, and to the agent of the United States, who may be respectively appointed and authorized to manage the bufinefs on behalf of the respective governments. And both parties agree to confider fuch decifion as final and conclufive, fo as that the fame fhall never thereafter be called into question, or made the fubject of difpute or difference between them.

ARTICLE VI.

Whereas it is alleged by divers British merchants and others his Majefty's fubjects, that debts, to a confiderable amount, which were bona fide contracted before the peace, ftill remain owing to them by citizens or inhabitants U. s. to of the United States, and that by the opera- make contion of various lawful impediments fince the penfation peace, not only the full recovery of the creditors,

to British

for loffes occafioned

by legal impedi

ments to

the collec

tion of

debts con

tracted be.

fore the

peace.

Commif

immers to ed to afcer

beappoint

tan the fane.

faid debts has been delayed, but also the value and fecurity thereof have been, in several instances, impaired and leffened, so that by the ordinary courfe of judicial proceedings, the British creditors cannot now obtain, and actually have and receive full and adequate compenfation for the loffes and damages which they have thereby fuftained. It is agreed, that in all fuch cafes, where full compenfation for fuch loffes and damages cannot, for whatever reafon, be actually obtained, had and received by the faid creditors in the ordinary course of justice, the United States will make full and complete compenfation for the fame to the faid creditors: But it is distinctly underftood, that this provision is to extend to fuch loffes only as have been occafioned by the lawful impediments aforefaid, and is not to extend to loffes occafioned by fuch infolvency of the debtors, or other caufes as would equally have operated to produce fuch loss, if the faid impediments had not exifted; nor to fuch loffes or damages as have been occafioned by the manifest delay or negligence, or wilful omiffion of the claimant.

For the purpofe of afcertaining the amount of any fuch loffes and damages, five commiffioners fhall be appointed, and authorized to meet and act in manner following, viz. Two of them shall be appointed by his Majefty, two of them by the Prefident of the United States by and with the advice and confent of the Senate thereof, and the fifth by the unanimous voice of the other four; and if they fhould not agree in fuch choice, then the commiffioners named by the two parties fhall refpectively propofe one perfon, and of the two names fo propofed, one shall be drawn by lot,

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