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said goods shall have been originally imported in a British or an American vessel; but when such re-exportation shall take place from the United States in a British vessel, or from the territories of His Britannick Majesty in Europe in an American vessel, to any other foreign nation, the two contracting parties reserve to themselves, respectively, the right of regulating or diminishing, in such case, the amount of the said drawback.

Intercourse with

The intercourse between the United States and His Britannick Majesty's possessions in the West Indies, and on the continent the British West In- of North America, shall not be affected by any of the proican continental pos- visions of this article, but each party shall remain in the complete possession of its rights, with respect to such an

dies and North Amer

sessions.

intercourse.

Trade with Calcutta,

ARTICLE III.

His Britannick Majesty agrees that the vessels of the United States of America shall be admitted and hospitably received at the &c., direct. principal settlements of the British dominions in the East Indies, videlicet: Calcutta, Madras, Bombay, and Prince of Wales' Island; and that the citizens of the said United States may freely carry on trade between the said principal settlements and the said United States, in all articles of which the importation and exportation, respectively, to and from the said territories, shall not be entirely prohibited; provided only, that it shall not be lawful for them, in any time of war between the British Government and any State or 'Power whatever, to export from the said territories, without the special permission of the British Government, any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels, when admitted, no higher or other duty or charge than shall be payable on the vessels of the most favor'd European nations, and they shall pay no higher or other duties or charges on the importation or exportation of the cargoes of the said vessels than shall be payable on the same articles when imported or exported in the vessels of the most favored European nations.

Articles must be conveyed direct to

unladen.

Coasting trade in

dies.

But it is expressly agreed that the vessels of the United States shall not carry any articles from the said principal settlements to United States and be any port or place, except to some port or place in the United States of America, where the same shall be unladen. It is also understood that the permission granted by this article is not to extend to allow the vessels of the United States to the British East In Carry on any part of the coasting trade of the said British territories; but the vessels of the United States having, in the first instance, proceeded to one of the said principal settlements of the British dominions in the East Indies, and then going with their original cargoes, or part thereof, from one of the said principal settlements to another, shall not be considered as carrying on the coasting trade. The vessels of the United States may also touch may touch for re- for refreshment, but not for commerce, in the course of freshment, &c. their voyage to or from the British territories in India, or to or from the dominions of the Emperor, of China, at the Cape of Good Hope, the island of St. Helena, (a) or such other places as may be in the possession of Great Britain, in the African or Indian seas; it being well understood that in all that regards this article the citizens of the United States shall be subject, in all respects, to the laws and regulations of the British Government from time to time established.

American vessels

(a) "Declaration" at the end of this convention.

ARTICLE IV.

Consuls.

It shall be free for each of the two contracting parties, respectively, to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and it is hereby declared that, in case of illegal or improper conduct towards

How they may be

the laws or Government of the country to which he is sent, punished. such Consul may either be punished according to law, if the laws will reach the case, or be sent back, the offended Government assigning to the other the reasons for the same.

It is hereby declared that either of the contracting parties may except from the residence of Consuls such particular places as such party shall judge fit to be so excepted.

ARTICLE V.

Particular places excepted from the residence of Consuls.

This convention to

years.

This convention, when the same shall have been duly ratified by the President of the United States, by and with the advice and consent of their Senate, and by His Britannick Majesty, and be obligatory for four the respective ratifications mutually exchanged, shall be binding and obligatory on the said United States and His Majesty for four years from the date of its signature ;(a) and the ratifications shall be exchanged in six months from this time, or sooner if possible.

Exchange of ratifications.

Done at London this third day of July, in the year of our Lord one thousand eight hundred and fifteen.

JOHN QUINCY ADAMS.

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Declaration of 24th

The undersigned, His Britannick Majesty's Chargé d'Affaires in the United States of America, is commanded by His Royal Highness the Prince Regent, acting in the name and on the be- Nov., 1915, half of His Majesty, to explain and declare, upon the exchange of the ratifications of the convention concluded at London on the third of July of the present year, for regulating the commerce and navigation between the two countries, that, in consequence of events which have happened in Europe subsequent to the signature of the convention aforesaid, it has been deemed expedient, and determined, in conjunction with the allied sovereigns, that St. Helena shall be the place allotted for the future residence of General Napoleon Bonaparte, under such regulations as may be necessary for the perfect security of his person; and it has been resolved, for that purpose, that all ships All vessels, except and vessels whatever, as well British ships and vessels as those of the East others, excepting only ships belonging to the East India cluded from approachCompany, shall be excluded from all communication with, or approach to, that island.

India Company, ex

ing the island.

(a) Continued for ten years by the fourth article of the convention of London of 20th October, 1818.

It has therefore become impossible to comply with so much of the third article of the treaty as relates to the liberty of touching for refreshment at the island of St. Helena, and the ratifications of the said treaty will be exchanged under the explicit declaration and understanding that the vessels of the United States cannot be allowed to touch at, or hold any communication whatever with, the said island, so long as the said island shall continue to be the place of residence of the said Napoleon Bonaparte.(a)

WASHINGTON, November 24, 1815.

ANTHONY ST. JNO. BAKER.

ARRANGEMENT BETWEEN THE UNITED STATES AND GREAT BRITAIN, MADE BY RICHARD RUSH, ESQ., ACTING AS SECRETARY OF THE DEPARTMENT OF STATE, AND CHARLES BAGOT, HIS BRITANNIC MAJESTY'S ENVOY EXTRAORDINARY, &c. CONCLUDED APRIL 28, 1817.

The naval force to be maintained upon the American lakes by His Proclamation of Majesty and the Government of the United States shall the President of the henceforth be confined to the following vessels on each side; that is

United States, April

28, 1818.

On Lake Ontario, to one vessel not exceeding one hundred tons burthen, and armed with one eighteen-pound cannon.

On the upper lakes, to two vessels, not exceeding like burthen each, and armed with like force.

On the waters of Lake Champlain, to one vessel not exceeding like burthen, and armed with like force.

Naval force on the lakes.

All other armed vessels on these lakes shall be forthwith dismantled, and no other vessels of war shall be there built or armed. If either party should hereafter be desirous of annulling this stipulation, and should give notice to that effect to the other party, cease on six months' it shall cease to be binding after the expiration of six months from the date of such notice.

Stipulation may

notice.

The naval force so to be limited shall be restricted to such services as will, in no respect, interfere with the proper duties of the armed vessels of the other party.

Naval force.

DECLARATION OF THE COMMISSIONERS UNDER THE FOURTH ARTICLE OF THE TREATY OF GHENT. NOVEMBER 24, 1817.

Declaration of the Commissioners accompanying their decision.

NEW YORK, November 24, 1817. SIR: The undersigned Commissioners, appointed by virtue of the fourth article of the treaty of Ghent, have attended to the duties assigned them; and have decided that Moose Island, Dudley Island, and Frederick Island, in the Bay of Passamaquoddy, which is part of the Bay of Fundy, do each of them belong to the United States of America; and that all the other islands in the Bay of Passamaquoddy, and the Island of Grand Menan, in the Bay of Fundy, do each of them belong to His Britannic Majesty, in conformity with the true intent of the second article of the treaty of peace of one thousand seven hundred and eighty-three. The Commissioners have the honor to enclose herewith their decision.

(a) In consequence of the death of Napoleon Bonaparte, the British Government notified the Minister of the United States at London of the cessation of this restriction, on the 30th July, 1821.

In making this decision it became necessary that each of the Commissioners should yield a part of his individual opinion. Several reasons induced them to adopt this measure; one of which was the impression and belief that the navigable waters of the Bay of Passamaquoddy, which, by the treaty of Ghent, is said to be part of the Bay of Fundy, are common to both parties for the purpose of all lawful and direct communication with their own territories and foreign ports.

The undersigned have the honor to be, with perfect respect, sir, your obedient and humble servants,

The Hon. JOHN QUINCY ADAMS,

Secretary of State.

J. HOLMES.
THO. BARCLAY.

DECISION OF THE COMMISSIONERS UNDER THE FOURTH ARTICLE OF THE TREATY OF GHENT. NOVEMBER 24, 1817.

Decision of the the 4th article of the

New York, November 24, 1814.

By Thomas Barclay and John Holmes, Esquires, Commissioners, appointed by virtue of the fourth article of the treaty of peace and amity between His Britannic Majesty and the United commissioners under States of America, concluded at Ghent on the twenty-fourth treaty of Ghent. day of December, one thousand eight hundred and fourteen, to decide to which of the two contracting parties to the said treaty 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, do respectively belong, in conformity with the true intent of the second article of the treaty of peace of one thousand seven hundred and eighty-three, between his said Britannic Majesty and the aforesaid United States of America.

We, the said Thomas Barclay and John Holmes, Commissioners as aforesaid, having been duly sworn impartially to examine and decide upon the said claims according to such evidence as should be laid before us on the part of His Britannic Majesty and the United States, respectively, have decided, and do decide, that Moose Island, Dudley Island, and Frederick Island, in the Bay of Passamaquoddy, which is part of the Bay of Fundy, do, and each of them does, belong to the United States of America; and we have also decided, and do decide, that all the other islands, and each and every of them, in the said Bay of Passamaquoddy, which

Moose Island, &c.

Other islands.

is part of the Bay of Fundy, and the Island of Grand Menan, in the said -Bay of Fundy, do belong to his said Britannic Majesty, in conformity with the true intent of the said second article of said treaty of one thousand seven hundred and eighty-three.

In faith and testimony whereof we have set our hands and affixed our seals, at the city of New York, in the State of New York, in the United States of America, this twenty-fourth day of November, in the year of our Lord one thousand eight hundred and seventeen.

Witness:

JAMES T. AUSTIN, Agt. U. S. A.
ANTH: BARCLAY, Sec'y.

JOHN HOLMES, [L. S.]
THO. BARCLAY. [L. S.]

GREAT BRITAIN, 1818.

CONVENTION WITH GREAT BRITAIN. CONCLUDED OCTOBER 20, 1818; RATIFICATIONS EXCHANGED JANUARY 30, 1819.

The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, desirous to cement the good understanding which happily subsists between them, have, for that purpose, named their respective Plenipotentiaries, that is to say: The President of the United States, on his part, has appointed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to the Court of France, and Richard Rush, their Envoy Extraordinary and Minister Plenipotentiary to the Court of His Britannic Majesty; and His Majesty has appointed the Right Honorable Frederick John Robinson, Treasurer of His Majesty's Navy and President of the Committee of Privy Council for Trade and Plantations, and Henry Goulburn, Esq., one of His Majesty's Under Secretaries of State;

Who, after having exchanged their respective full powers, found to be in due and proper form, have agreed to and concluded the following articles:

Full powers exchanged.

ARTICLE I.

Definition of the

pany.

Whereas differences have arisen respecting the liberty claimed by the United States, for the inhabitants thereof, to take, dry, and extent of the com- cure fish on certain coasts, bays, harbours, and creeks of His mon right of fishing. Britannic Majesty's dominions in America, it is agreed between the high contracting parties that the inhabitants of the said United States shall have forever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland; from the said Cape Ray to the Quirpou Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly, on the southern coast of Labrador, to and through the Streights of Belleisle, and thence northwardly indefinitely along the coast, withHudson Bay Com- out prejudice, however, to any of the exclusive rights of the Hudson Bay Company: And that the American fishermen shall also have liberty forever to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland, hereabove described, and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground. And the United States hereby Renunciation by renounce forever any liberty heretofore enjoyed or claimed to certain other by the inhabitants thereof to take, dry, or cure fish on or within three marine miles of any of the coasts, bays, creeks, or harbours of His Britannic Majesty's dominions in America not included within the abovementioned limits: Provided, however, that the American fishermen shall be admitted to enter such bays or harbours for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be neces

the United States as

eries.

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