Page images

As to prizes made under tho same circumstances, and brought in after the date of that letter, the President determined that all the means in our power should be used for their restitution. If these fail, as we should not be bound by our treaties to make compensation to the other Powers in the analogous case, he did not mean to give an opinion that it ought to be done to Great Britain. But still, if any cases shall arise subsequent to that date, tho circumstauccs of which shall place them on similar ground with those before it, the President would think compensation equally incumbent on the United States.

Instructions are given to the Governors of the different States to use all the means in their power for restoring prizes of this last description found within their ports. Though they will, of course, take measures to bo informed of them, and the General Government has given them the aid of tho custom-house officers for this purpose, yet you will be sensible of the importance of multiplying the channels of their information ■as far as shall depend on yourself, or any person under your direction, in order that tho Governors may use the means in their power for making restitution.

Without knowledgo of the capture they cannot restore it. It will always be best to give the notice to them directly; but any information which you shall be pleased to send to me, also, at any time, shall be forwarded to them as quickly as distance will permit.

Hence you will perceive, sir, that the President contemplates restitution or compensation in the case before the 7th of August; and after that date, restitution if it can be effected by any means in our power. And that it will be important that you should substantiate the fact that such prizes are in our ports or waters.

Your list of the privateers illicitly armed in our ports is, I believe, correct.

With respect to losses by detention, waste, spoliation sustained by vessels taken as before mentioned, between tho dates of June 5th and August 7th, it is proposed as a provisional measure that tho Collector of the Customs of the district, and the British Consul, or any other person you please, shall appoint persons to establish the value of the vessel and cargo at the time of her capture and of her arrival in the port into which she is brought, according to their value in that port. If this shall be -agreeable to you, and you will bo pleased to signify it to me, with the names of tho prizes understood to be of this description, instructions will be given accordingly to the Collector of the Customs where the respective vessels are. I have the honor to be, &c,


Geo: Hammond, Esq.



Difficulties having arisen in the execution of the sixth article of the treaty of amity, commerce, and navigation, concluded at ■t'TM«''T .i jsih London on the fourth day of November, one thousand seven sov.,i7w,.n. 7. imudrgd amj ninety-four, between His Britannic Majesty and the United States of America, and in consequence thereof the proceedings of the Commissioners under the seventh article of the same treaty having been suspended, the parties to the said treaty being equally desirous, as far as may be, to obviate such difficulties, have respectively named Plenipotentiaries to treat and agree respecting the same, that is to say, His Britannic Majesty has named for his Plenipotentiary, the Eight Honourable Eobert Banks Jenkiuson, commonly called Lord Hawkesbury, one of His Majesty's Most Honourable Privy Council, and his Principal Secretary of State for Foreign Affairs; and the President of the United States, by and with the advice and consent of the Senate thereof, has named for their Plenipotentiary, Eufus King, Esquire, Minister Plenipotentiary of the said United States to his Britannic Majesty; who have agreed to and concluded^the following articles: Article I.

In satisfaction and discharge of the money which the United States might have been liable to pay in pursuance of the provisiqus of the said sixth article, which is hereby declared to be can- *rt,c1*' celled and annulled, except so tar as the same may relate to the execution of the said seventh article, the United States of America hereby engage to pay, and His Britannic Majesty consents to accept, for the use of the persons described in the said sixth article, the sum of six hundred thousand pounds sterling, payable at the times and place, and in the manner following, that is to say, the said sum of six hundred thousand pounds sterling shall be paid at the city of Washington, in three annual instalments of two hundred thousand pounds sterling each, and to such person or persons as shall be authorized by His Britannic Majesty to receive the same; the first of the said instalments to be paid at the expiration of one year, the second instalment at the expiration of two years, and the third and last instalment at the expiration of three years next following the exchange of the ratifications of this convention. And to prevent any disagreement concerning the rate of exchanges, the said payments shall be made in the money of the said United States, reckoning four dollars and forty-four cents to be equal to one pound sterling.

t Article H.

Whereas it is agreed by the fourth article of the definitive treaty of peace, concluded at Paris on the third day of September, one thousand seven hundred and eighty-three, between His or.^TMtf0"S'» Britannic Majesty and the United States, that creditors on ° 1,<a either side should meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts theretofore contracted, it is hereby declared that the said fourth article, so far as respects its future operation, is hereby recognized, confirmed, and declared to be binding and obligatory on His Britannic Majesty and the said United States, and the same shall be accordingly observed with punctuality and good faith, and so as that the said creditors shall hereafter meet with no lawful impediment to the recovery of the full value in sterling money of their bona fide debts.

Article III.

It is furthermore agreed and concluded that the Commissioners appointed in pursuance of the seventh article of the said treaty of amity, commerce, and navigation, and whose proceedings have been suspended as aforesaid, shall, immediately after the signature of this convention, re-assemble and proceed in the execution of their duties according to the provisions of the said seventh article, except only that, instead of the sums awarded by the said Commissioners being made payable at the time or times by them appointed, all sums of money by them awarded to be paid to American or British claimants, according to the provisions of the said seventh article, shall be made payable in three equal instalments, the first whereof to be paid at the expiration of one year, the second at the expiration of two years, and the third and last at the expiration of three years next after the exchange of the ratifications of this convention.

Article IV".

This convention, when the same shall have been ratified by His Majesty, and by the President of the United States, by and '' with the advice and consent of the Senate thereof, and the

respective ratifications duly exchanged, shall be binding and obligatory upon ITis Majesty and the said United States.

In faith whereof we, the undersigned Plenipotentiaries of His Britannic Majesty and of the United States of America, by virtue of our respective full powers, have signed the present convention, and have caused the seals of our arms to be affixed thereto.

Done at London the eighth day of January, one thousand eight hundred and two.

[merged small][ocr errors]



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 Plenipotentaries, that is to say:

His Britannic Majesty, on his part, has appointed the Right Honourable James Lord Gam bier, late Admiral of the White, now Admiral of the Red Squadron of His Majesty's fleet, Henry Goulburu, 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:



There shall be a firm and universal peace between His Britannic rirm „»,! inv.oia Majesty and the United States, and between their respectbkpoc*. jve 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 T * to Possess,°ns whatsoever, taken by either party from the t« »,Vh other during the war, or which may be taken aft*r 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 forte or places, and whioh shall remain therein upon the exchange of the ratifications of this treaty, or

any slaves or other private property. And all archives, Archiv„ „d records, deeds, and papers, either of a public nature or be- °'d'10 ^ longing 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 II.

Immediately after the ratifications of this treaty by both parties, as hereinafter mentioned, orders shall be sent to the armies, „„,,.„ „, b(. „„„, 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 tiniutwoof um. equinoctial line or equator, and the same time for the ofTM*t,'re 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 III.

All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the ratifica- PriMMT, ofw„ tions of this treaty, as hereinafter mentioned, on their pay- '•m",° ing 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 IV.

Whereas it was stipulated by the second article in the treaty of peace of one thousand seven hundred and eighty three, between Boind rr ertibHis Britannic Majesty and the United States of America, n,\°T\"'>" ""'mthat 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 aud 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 Fuudy, and the Island of Grand Menan, in the said Bay of Fuudy, 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

AppointTM,.! of be referred to two Commissioners to be appointed in the commi,»io0cTM. following manner, viz: One Commissioner shall be appointed by His Britannic Majesty, and one by the President of the United States, by aud with the advice aud cousent of the Senate thereof: aud the said-two Commissioners so appointed shall be sworn impartially to examine and decide upon the said claims according to such evideuce as shall be laid before them on the part of His Britannic Majesty aud of

M^tiM of u. the United States respectively. The said Commissioners commiMiomri shall meet at St. Andrews, iu the Province of New Bruuswick, 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. Aud if the said Commissioners shall agree in their decision, both parties shall consider such decision as final and conclusive. It is further agreed that, iu the event of the two Comof missioners differing upon all or any of the matters so rep-"TMe"tofcom^il- ferred 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 Britaunic Majesty and the Government of the United States hereby a^ree 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 iu the said report or reports, or upon the report of one Commissioner, together w ith 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

Kefet.»ce to. report of such other Commissioner, then such sovereign or rnemiiv state shall decide ex parte upon the said report alone. And

His Britannic Majesty aud 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 V.

Whereas neither that point of the highlands lying due north from cm,...!TM.,, to the source of the river St. Croix, and designated in the former bm*i"~"»- treaty of peace between the two Powers as the northwest

« PreviousContinue »