Final ratifica 19, 1801. aforesaid, and the said additional article, form together one instrument, and are a convention between the United States of America, and the French Republic, made by the President of the United States, by and with the advice and consent of the Senate thereof. (L. s.) IN TESTIMONY whereof, I have caused the seal of the United GIVEN under my hand at the City of Washington, this 18th day of (Signed) By the President, JOHN MARSHALL, Acting as Secretary of State. And whereas the said convention was on the other part ratified and confirmed by the First Consul of France in the form of which the following is a translation from the French language, to wit: Bonaparte, First Consul, in the name of the French People-The consuls of the Republic, having seen and examined the Convention concluded, agreed to, and signed at Paris, the 8th Vendemiaire, 9th year of the French Republic, (30th September 1800) by the citizens Joseph Bonaparte, Fleurieu and Roederer, counsellors of state, in virtue of the full powers which have been given to them to this effect, with Messieurs Ellsworth, Davie, and Murray, ministers plenipotentiary of the United States, equally furnished with full powers, the tenor of which Convention follows:- [Here follows the Treaty.] Approves the above Convention in all and each of the articles which are therein contained; declares that it is accepted, ratified and confirmed, and promises that it shall be inviolably observed. The government of the United States having added in its ratification, that the Convention should be in force for the space of eight years, and having omitted the second article, the government of the French Republic consents to accept, ratify and confirm the above convention, with the addition importing that the Convention shall be in force for the space of eight years, and with the retrenchment of the second article: Provided that by this retrenchment the two States renounce the respective pretentions, which are the object of the said article. IN FAITH whereof these presents are given. Signed, countersigned and sealed with the great seal of the Republic, at Paris, the twelfth Thermidor, ninth year of the Republic (31st July 1801.) WHICH ratifications were duly exchanged at Paris on the 31st day tion December of July in the present year, and having been so exchanged were again submitted to the Senate of the United States, who on the 19th day of the present month resolved that they considered the said Convention as fully ratified, and returned the same to the President for the usual promulgation. Now THEREFORE to the end that the said convention may A PARIS le douze Thermidor an neuf de la République (trent un Juillet, mil huit cent un.) BONAPARTE. Le Ministre des Relations Extérieures, CH. MAU. TALLEYRAND. Par le Premier Consul: Le Secretaire d'Etat, HUGUES B. MARET. La présente convention a été échangée par les ministres sous-signés, munis de pleins pouvoirs à cet effet, à Paris ce douze Thermidor an neuf (trente et un Juillet, mille huit cent un.) JOSEPH BONAPARTE. C. P. CLARET FLEURIEU. W V. MURRAY. be observed and performed with good faith on the part of the United States, I have caused the premises to be made public, and I do hereby enjoin and require all persons bearing office, civil or military, within' the United States, and all others, citizens or inhabitants thereof, or being within the same, faithfully to observe and fulfil the said Convention and every clause and article thereof. IN TESTIMONY whereof I have caused the seal of the United States to be affixed to these presents, and signed the same with my (L. s.) hand. Done at the city of Washington, the twenty-first day of December in the year of our Lord, one thousand eight hundred and one, and of the sovereignty and independence of the United States the twentysixth. TH: JEFFERSON. Jan. 8, 1802. Preamble. Treaty of 19th Nov. 1791, art. 7. The sixth article annulled, except, &c. the U. S. agree to pay £600,000 sterling in annual instal CONVENTION Between the United States and Great-Britain. (a) DIFFICULTIES having arisen in the execution of the sixth article of the treaty of amity, commerce and navigation, concluded at London on the fourth day of November, one thousand seven hundred and ninetyfour, (b) 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 right honorable Robert Banks Jenkinson, commonly called Lord Hawkesbury, one of his majesty's most honorable 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 Rufus 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 provisions of the said sixth article, which is hereby declared to be cancelled and annulled, except so far as the same may relate to the execution of the said seventh article, the United States of America hereby ments of £200 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 hun 000 each. (a) See notes of the Treaties and Conventions with Great Britain, ante, page 54. dred 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 authorised 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. ART. II. 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 Britannic majesty and the United States, that creditors on 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. ART. 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, reassemble 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. The fourth ar ticle of the treaty of peace of 1783, relative to private debts, recognized and confirmed. Commissioners to execute the duties assigned to them by the 7th article of the treaty of 1794. Ratification of ART. IV. This convention, when the same shall have been ratified by his majesty, and by the President of the United States, by and with this convention. the advice and consent of the senate thereof, and the respective ratifications duly exchanged, shall be binding and obligatory upon his 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. HAWKESBURY, (L. s.) A CONVENTION Aug. 11, 1802. Between his Catholic Majesty and the United States of America, for the indemnification of those who have sustained losses, damages, or injuries, in consequences of the excesses of individuals, of either nation, during the late war, contrary to the existing treaty, or the laws of nations. (a) Convention with Spain ratified by the U.S. Jan. 9, 1804, and by the King of Spain, July 9, 1818. The parties wish to adjust claims amicably. His Catholic Majesty, and the government of the United States of America, wishing amicably to adjust the claims which have arisen from the excesses committed during the late war, by individuals of either nation, contrary to the laws of nations or the treaty existing between the two countries: his Catholic Majesty has given, for this purpose, full powers to his Excellency, D. Pedro Cevallos, Counsellor of State, Gentleman of the Bed Chamber in employment, first Secretary of State and universal despatch, and Superintendent General of the Posts and Post Offices, in Spain and the Indies; and the government of the United States of America to Charles Pinckney, a citizen of the said States, and their Minister Plenipotentiary near his Catholic Majesty, who have agreed as follows: (b) 1. A Board of Commissioners shall be formed, composed of five Commissioners, two of whom shall be appointed by his Catholic Majesty, two others by the government of the United States, and the fifth by common consent; and in case they should not be able to agree on a person for the fifth Commissioner, each party shall name one, and leave the decision to lot: And hereafter, in case of the death, sickness or necessary absence, of any of those already appointed, they shall proceed in the same manner, to the appointment of persons to replace them. 2. The appointment of the Commissioners being thus made, each one of them shall take an oath to examine, discuss, and decide on, the claims, which they are to judge, according to the laws of nations and the existing treaty, and with the impartiality justice may dictate. 3. The Commissioners shall meet and hold their sessions in Madrid, where, within the term of eighteen months (to be reckoned from the day on which they may assemble) they shall receive all claims, which, in consequence of this Convention, may be made, as well by the subjects of his Catholic Majesty, as by the citizens of the United States of America, who may have a right to demand compensation for the losses, damages, or injuries, sustained by them, in consequence of the excesses committed by Spanish subjects or American citizens. 4. The Commissioners are authorized, by the said contracting parties, to hear and examine, on oath, every question relative to the said demands, and to receive, as worthy of credit, all testimony, the authenticity of which cannot reasonably be doubted. 5. From the decisions of the Commissioners there shall be no appeal; and the agreement of three of them shall give full force and effect to their decisions, as well with respect to the justice of the claims, as to the amount of the indemnification which may be adjudged to the a) See notes of the treaties between the United States and Spain, ante, page 138. (b) This convention was annulled by the tenth article of the Treaty with Spain of February 22, 1819, post, 260. |