The Jay Treaty. Treaty of Amity, Commerce, and
Navigation, signed at London November 19, 1794, with additional article
Original in English. Submitted to the Senate June 8, Resolution of
advice and consent, on condition, June 24, 1795. Ratified by the United
States August 14, 1795. Ratified by Great Britain October 28, 1795.
Ratifications exchanged at London October 28, 1795. Proclaimed February
29, 1796.
Treaty of Amity Commerce and Navigation, between His
Britannick Majesty; and The United States of America, by Their
President, with the advice and consent of Their Senate.
His Britannick Majesty and the United States of America, being
desirous by a Treaty of Amity, Commerce and Navigation to terminate
their Differences in such a manner, as without reference to the Merits
of Their respective Complaints and Pretensions, may be the best
calculated to produce mutual satisfaction and good understanding: And
also to regulate the Commerce and Navigation between Their respective
Countries, Territories and People, in such a manner as to render the
same reciprocally beneficial and satisfactory; They have respectively
named their Plenipotentiaries, and given them Full powers to treat of,
and conclude, the said Treaty, that is to say; His Brittanick Majesty
has named for His Plenipotentiary, The Right Honourable William Wyndham
Baron Grenville of Wotton, One of His Majesty's Privy Council, and His
Majesty's Principal Secretary of State for Foreign Affairs; and The
President of the said United States, by and with the advice and Consent
of the Senate thereof, hath appointed for Their Plenipotentiary The
Honourable John Jay, Chief Justice of the said United States and Their
Envoy Extraordinary to His Majesty, who have agreed on, and concluded
the following Articles
There shall be a firm inviolable and universal Peace, and a true and
sincere Friendship between His Britannick Majesty, His Heirs and
Successors, and the United States of America; and between their
respective Countries, Territories, Cities, Towns and People of every
Degree, without Exception of Persons or Places.
His Majesty will withdraw all His Troops and Garrisons from all Posts and Places within the Boundary Lines assigned by the
Treaty of Peace
to the United States. This Evacuation shall take place on or before the
first Day of June One thousand seven hundred and ninety six, and all
the proper Measures shall in the interval be taken by concert between
the Government of the United States, and His Majesty's Governor General
in America, for settling the previous arrangements which may be
necessary respecting the delivery of the said Posts: The United States
in the mean Time at Their discretion extending their settlements to any
part within the said boundary line, except within the precincts or
Jurisdiction of any of the said Posts. All Settlers and Traders, within
the Precincts or Jurisdiction of the said Posts, shall continue to
enjoy, unmolested, all their property of every kind, and shall be
protected therein. They shall be at full liberty to remain there, or to
remove with all or any part of their Effects; and it shall also be free
to them to sell their Lands, Houses, or Effects, or to retain the
property thereof, at their discretion; such of them as shall continue to
reside within the said Boundary Lines shall not be compelled to become
Citizens of the United States, or to take any Oath of allegiance to the
Government thereof, but they shall be at full liberty so to do, if they
think proper, and they shall make and declare their Election within one
year after the Evacuation aforesaid. And all persons who shall continue
there after the expiration of the said year, without having declared
their intention of remaining Subjects of His Britannick Majesty, shall
be considered as having elected to become Citizens of the United States.
It is agreed that it shall at all Times be free to His Majesty's
Subjects, and to the Citizens of the United States, and also to the
Indians dwelling on either side of the said Boundary Line freely to pass
and repass by Land, or Inland Navigation, into the respective
Territories and Countries of the Two Parties on the Continent of America
(the Country within the Limits of the Hudson's Bay Company only
excepted) and to navigate all the Lakes, Rivers, and waters thereof, and
freely to carry on trade and commerce with each other. But it is
understood, that this Article does not extend to the admission of
Vessels of the United States into the Sea Ports, Harbours, Bays, or
Creeks of His Majesty's said Territories; nor into such parts of the
Rivers in His Majesty's said Territories as are between the mouth
thereof, and the highest Port of Entry from the Sea, except in small
vessels trading bona fide between Montreal and Quebec, under such
regulations as shall be established to prevent the possibility of any
Frauds in this respect. Nor to the admission of British vessels from the
Sea into the Rivers of the United States, beyond the highest Ports of
Entry for Foreign Vessels from the Sea. The River Mississippi, shall
however, according 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 side, to whichsoever of the parties
belonging, may freely be resorted to, and used 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 Majesty in Great Britain.
All Goods and Merchandize whose Importation into His Majesty's said
Territories in America, shall not be entirely prohibited, may freely,
for the purposes of Commerce, be carried into the same in the manner
aforesaid, by the Citizens of the United States, and such Goods and
Merchandize shall be subject to no higher or other Duties than would be
payable by His Majesty's Subjects on the Importation of the same from
Europe into the said Territories. And in like manner, all Goods and
Merchandize whose Importation into the United States shall not be wholly
prohibited, may freely, for the purposes of Commerce, be carried into
the same, in the manner aforesaid, by His Majesty's Subjects, and such
Goods and Merchandize shall be subject to no higher or other Duties than
would be payable by the Citizens of the United States on the
Importation of the same in American Vessels into the Atlantic Ports of
the said States. And all Goods not prohibited to be exported from the
said Territories respectively, may in like manner be carried out of the
same by the Two Parties respectively, paying Duty as aforesaid
No Duty of Entry shall ever be levied by either Party on Peltries
brought by Land, or Inland Navigation into the said Territories
respectively, nor shall the Indians passing or repassing with their own
proper Goods and Effects of whatever nature, pay for the same any Impost
or Duty whatever. But Goods in Bales, or other large Packages unusual
among Indians shall not be considered as Goods belonging bona fide to
Indians. No higher or other Tolls or Rates of Ferriage than what are, or
shall be payable by Natives, shall be demanded on either side; And no
Duties shall be payable on any Goods which shall merely be carried over
any of the Portages, or carrying Places on either side, for the purpose
of being immediately reimbarked, and carried to some other Place or
Places. But as by this Stipulation it is only meant to secure to each
Party a free passage across the Portages on both sides, it is agreed,
that this Exemption from Duty shall extend only to such Goods as are
carried in the usual and direct Road across the Portage, and are not
attempted to be in any manner sold or exchanged during their passage
across the same, and proper Regulations may be established to prevent
the possibility of any Frauds in this respect.
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
disposition favourable to Friendship and good neighbourhood, It is
agreed, that the respective Governments will mutually promote this
amicable Intercourse, by causing speedy and impartial Justice to be
done, and necessary protection to be extended, to all who may be
concerned therein.
Whereas it is uncertain whether the River Mississippi extends so far
to the Northward as to be intersected by a Line to be drawn due West
from the Lake of the woods in the manner mentioned in the
Treaty of Peace
between His Majesty and the United States, it is agreed, that measures
shall be taken in Concert between His Majesty's Government in America,
and the Government of the United States, for making a joint Survey of
the said River, from one Degree of Latitude below the falls of St
Anthony to the principal Source or Sources of the said River, and also
of the parts adjacent thereto, And that if on the result of such Survey
it should appear that the said River would not be intersected by such a
Line as is above mentioned; The two Parties will thereupon proceed by
amicable negotiation to regulate the Boundary Line in that quarter as
well as all other Points to be adjusted between the said Parties,
according to Justice and mutual Convenience, and in Conformity, to the
Intent of the said Treaty.
Whereas doubts have arisen what River was truly intended under the name of the River st Croix mentioned in the said
Treaty of Peace
and forming a part of the boundary therein described, that question
shall be referred to the final Decision of Commissioners to be appointed
in the following Manner-Viz-
One Commissioner shall be named by His Majesty, and one by the
President of the United States, by and with the advice and Consent of
the Senate thereof, and the said two Commissioners shall agree on the
choice of a third, or, if they cannot so agree, They shall each propose
one Person, and of the two names so proposed one shall be drawn by Lot,
in the presence of the two original Commissioners. And the three
Commissioners so appointed shall be Sworn impartially to examine and
decide the said question according to such Evidence as shall
respectively be laid before Them on the part of the British Government
and of the United States. The said Commissioners shall meet at Halifax
and shall have power to adjourn to such other place or places as they
shall think fit. They shall have power to appoint a Secretary, and to
employ such Surveyors or other Persons as they shall judge necessary.
The said Commissioners shall by a Declaration under their Hands and
Seals, decide what River is the River St Croix intended by the Treaty.
The said Declaration shall contain a description of the said River,
and shall particularize the Latitude and Longitude of its mouth and of
its Source. Duplicates of this Declaration ant of the State meets of
their Accounts, and of the Journal of their proceedings, shall be
delivered by them to the Agent of His Majesty, and to the Agent of the
United States, who may be respectively appointed and authorized to
manage the business on behalf of the respective Governments. And both
parties agree to consider such decision as final and conclusive, so as
that the same shall never thereafter be called into question, or made
the subject of dispute or difference between them.
Whereas it is alledged by divers British Merchants and others His
Majesty's Subjects, that Debts to a considerable amount which were bona
fide contracted before the Peace, still remain owing to them by Citizens
or Inhabitants of the United States, and that by the operation of
various lawful Impediments since the Peace, not only the full recovery
of the said Debts has been delayed, but also the Value and Security
thereof, have been in several instances impaired and lessened, so that
by the ordinary course of Judicial proceedings the British Creditors,
cannot now obtain and actually have and receive full and adequate
Compensation for the losses and damages which they have thereby
sustained: It is agreed that in all such Cases where full Compensation
for such losses and damages cannot, for whatever reason, be actually
obtained had and received by the said Creditors in the ordinary course
of Justice, The United States will make full and complete Compensation
for the same to the said Creditors; But it is distinctly understood,
that this provision is to extend to such losses only, as have been
occasioned by the lawful impediments aforesaid, and is not to extend to
losses occasioned by such Insolvency of the Debtors or other Causes as
would equally have operated to produce such loss, if the said
impediments had not existed, nor to such losses or damages as have been
occasioned by the manifest delay or negligence, or wilful omission of
the Claimant.
For the purpose of ascertaining the amount of any such losses and
damages, Five Commissioners shall be appointed and authorized to meet
and act in manner following-viz- Two of them shall be appointed by His
Majesty, Two of them by the President of the United States by and with
the advice and consent of the Senate thereof, and the fifth, by the
unanimous voice of the other Four; and if they should not agree in such
Choice, then the Commissioners named by the two parties shall
respectively propose one person, and of the two names so proposed, one
shall be drawn by Lot in the presence of the Four Original
Commissioners. When the Five Commissioners thus appointed shall first
meet, they shall before they proceed to act respectively, take the
following Oath or Affirmation in the presence of each other, which Oath
or Affirmation, being so taken, and duly attested, shall be entered on
the Record of their Proceedings, -viz.- I. A: B: One of the
Commissioners appointed in pursuance of the 6th Article of the Treaty of
Amity, Commerce and Navigation between His Britannick Majesty and The
United States of America, do solemnly swear (or affirm) that I will
honestly, diligently, impartially, and carefully examine, and to the
best of my Judgement, according to Justice and Equity decide all such
Complaints, as under the said Article shall be preferred to the said
Commissioners: and that I will forbear to act as a Commissioner in any
Case in which I may be personally interested.
Three of the said Commissioners shall constitute a Board, and shall
have power to do any act appertaining to the said Commission, provided
that one of the Commissioners named on each side, and the Fifth
Commissioner shall be present, and all decisions shall be made by the
Majority of the Voices of the Commissioners then present. Eighteen
Months from the Day on which the said Commissioners shall form a Board,
and be ready to proceed to Business are assigned for receiving
Complaints and applications, but they are nevertheless authorized in any
particular Cases in which it shall appear to them to be reasonable and
just to extend the said Term of Eighteen Months, for any term not
exceeding Six Months after the expiration thereof. The said
Commissioners shall first meet at Philadelphia, but they shall have
power to adjourn from Place to Place as they shall see Cause.
The said Commissioners in examining the Complaints and applications
so preferred to them, are impowered and required in pursuance of the
true intent and meaning of this article to take into their Consideration
all claims whether of principal or interest, or balances of principal
and interest, and to determine the same respectively according to the
merits of the several Cases, due regard being had to all the
Circumstances thereof, and as Equity and Justice shall appear to them to
require. And the said Commissioners shall have power to examine all
such Persons as shall come before them on Oath or Affirmation touching
the premises; and also to receive in Evidence according as they may
think most consistent with Equity and Justice all written positions, or
Books or Papers, or Copies or Extracts thereof. Every such Deposition,
Book or Paper or Copy or Extract being duly authenticated either
according to the legal Forms now respectively existing in the two
Countries, or in such other manner as the said Commissioners shall see
cause to require or allow.
The award of the said Commissioners or of any three of them as
aforesaid shall in all Cases be final and conclusive both as to the
Justice of the Claim, and to the amount of the Sum to be paid to the
Creditor or Claimant. And the United States undertake to cause the Sum
so awarded to be paid in Specie to such Creditor or Claimant without
deduction; and at such Time or Times, and at such Place or Places, as
shall be awarded by the said Commissioners, and on Condition of such
Releases or assignments to be given by the Creditor or Claimant as by
the said Commissioners may be directed; Provided always that no such
payment shall be fixed by the said Commissioners to take place sooner
then twelve months from the Day of the Exchange of the Ratifications of
this Treaty.
Whereas Complaints have been made by divers Merchants and others,
Citizens of the United States, that during the course of the War in
which His Majesty is now engaged they have sustained considerable losses
and damage by reason of irregular or illegal Captures or Condemnations
of their vessels and other property under Colour of authority or
Commissions from His Majesty, and that from various Circumstances
belonging to the said Cases adequate Compensation for the losses and
damages so sustained cannot now be actually obtained, had and received
by the ordinary Course of Judicial proceedings; It is agreed that in all
such Cases where adequate Compensation cannot for whatever reason be
now actually obtained, had and received by the said Merchants and others
in the ordinary course of Justice, full and Complete Compensation for
the same will be made by the British Government to the said
Complainants. But it is distinctly understood, that this provision is
not to extend to such losses or damages as have been occasioned by the
manifest delay or negligence, or wilful omission of the Claimant. That
for the purpose of ascertaining the amount of any such losses and
damages Five Commissioners shall be appointed and authorized to act in
London exactly in the manner directed with respect to those mentioned in
the preceding Article, and after having taken the same Oath or
Affirmation (mutatis mutandis). The same term of Eighteen Months is also
assigned for the reception of Claims, and they are in like manner
authorised to extend the same in particular Cases. They shall receive
Testimony, Books, Papers and Evidence in the same latitude, and exercise
the like discretion, and powers respecting that subject, and shall
decide the Claims in question, according to the merits of the several
Cases, and to Justice Equity and the Laws of Nations. The award of the
said Commissioners or any such three of them as aforesaid, shall in all
Cases be final and conclusive both as to the Justice of the Claim and
the amount of the Sum to be paid to the Claimant; and His Britannick
Majesty undertakes to cause the same to be paid to such Claimant in
Specie, without any Deduction, at such place or places, and at such Time
or Times as shall be awarded by the said Commissioners and on Condition
of such releases or assignments to be given by the Claimant, as by the
said Commissioners may be directed. And whereas certain merchants and
others, His Majesty's Subjects, complain that in the course of the war
they have sustained Loss and Damage by reason of the Capture of their
Vessels and Merchandize taken within the Limits and Jurisdiction of the
States, and brought into the Ports of the same, or taken by Vessels
originally armed in Ports of the said States:
It is agreed that in all such cases where Restitution shall not have been made agreeably to the tenor of the letter from
Mr. Jefferson to Mr. Hammond dated at Philadelphia September 5th 1793.
A Copy of which is annexed to this Treaty, the Complaints of the
parties shall be, and hereby are referred to the Commissioners to be
appointed by virtue of this article, who are hereby authorized and
required to proceed in the like manner relative to these as to the other
Cases committed to them, and the United States undertake to pay to the
Complainants or Claimants in specie without deduction the amount of such
Sums as shall be awarded to them respectively by the said Commissioners
and at the times and places which in such awards shall be specified,
and on Condition of such Releases or assignments to be given by the
Claimants as in the said awards may be directed: And it is further
agreed that not only to be now existing Cases of both descriptions, but
also all such as shall exist at the Time, of exchanging the
Ratifications of this Treaty shall be considered as being within the
provisions intent and meaning of this article.
It is further agreed that the Commissioners mentioned in this and in
the two preceding articles shall be respectively paid in such manner, as
shall be agreed between the two parties, such agreement being to be
settled at the Time of the exchange of the Ratifications of this Treaty.
And all other Expences attending the said Commissions shall be defrayed
jointly by the Two Parties, the same being previously ascertained and
allowed by the Majority of the Commissioners. And in the case of Death,
Sickness or necessary absence, the place of every such Commissioner
respectively, shall be supplied in the same manner as such Commissioner
was first appointed, and the new Commissioners shall take the same Oath,
or Affirmation, and do the same Duties.
It is agreed, that British Subjects who now hold Lands in the
Territories of the United States, and American Citizens who now hold
Lands in the Dominions of His Majesty, shall continue to hold them
according to the nature and Tenure of their respective Estates and
Titles therein, and may grant Sell or Devise the same to whom they
please, in like manner as if they were Natives; and that neither they
nor their Heirs or assigns shall, so far as may respect the said Lands,
be and the legal remedies incident thereto, be regarded as Aliens.
Neither the Debts due from Individuals of the one Nation, to
Individuals of the other, nor shares nor monies, which they may have in
the public Funds, or in the public or private Banks shall ever, in any
Event of war, or national differences, be sequestered, or confiscated,
it being unjust and impolitick that Debts and Engagements contracted and
made by Individuals having confidence in each other, and in their
respective Governments, should ever be destroyed or impaired by national
authority, on account of national Differences and Discontents.
It is agreed between His Majesty and the United States of America,
that there shall be a reciprocal and entirely perfect Liberty of
Navigation and Commerce, between their respective People, in the manner,
under the Limitations, and on the Conditions specified in the following
Articles.
His Majesty Consents that it shall and may be lawful, during the time
hereinafter Limited, for the Citizens of the United States, to carry to
any of His Majesty's Islands and Ports in the West Indies from the
United States in their own Vessels, not being above the burthen of
Seventy Tons, any Goods or Merchandizes, being of the Growth,
Manufacture, or Produce of the said States, which it is, or may be
lawful to carry to the said Islands or Ports from the said States in
British Vessels, and that the said American Vessels shall be subject
there to no other or higher Tonnage Duties or Charges, than shall be
payable by British Vessels, in the Ports of the United States; and that
the Cargoes of the said American Vessels, shall be subject there to no
other or higher Duties or Charges, than shall be payable on the like
Articles, if imported there from the said States in British vessels. And
His Majesty also consents that it shall be lawful for the said American
Citizens to purchase, load and carry away, in their said vessels to the
United States from the said Islands and Ports, all such articles being
of the Growth, Manufacture or Produce of the said Islands, as may now by
Law be carried from thence to the said States in British Vessels, and
subject only to the same Duties and Charges on Exportation to which
British Vessels and their Cargoes are or shall be subject in similar
circumstances.
Provided always that the said American vessels do carry and land
their Cargoes in the United States only, it being expressly agreed and
declared that during the Continuance of this article, the United States
will prohibit and restrain the carrying any Melasses, Sugar, Coffee,
Cocoa or Cotton in American vessels, either from His Majesty's Islands
or from the United States, to any part of the World, except the United
States, reasonable Sea Stores excepted. Provided also, that it shall and
may be lawful during the same period for British vessels to import from
the said Islands into the United States, and to export from the United
States to the said Islands, all Articles whatever being of the Growth,
Produce or Manufacture of the said Islands, or of the United States
respectively, which now may, by the Laws of the said States, be so
imported and exported. And that the Cargoes of the said British vessels,
shall be subject to no other or higher Duties or Charges, than shall be
payable on the same articles if so imported or exported in American
Vessels.
It is agreed that this Article, and every Matter and Thing therein
contained, shall continue to be in Force, during the Continuance of the
war in which His Majesty is now engaged; and also for Two years from and
after the Day of the signature of the Preliminary or other Articles of
Peace by which the same may be terminated
And it is further agreed that at the expiration of the said Term, the
Two Contracting Parties will endeavour further to regulate their
Commerce in this respect, according to the situation in which His
Majesty may then find Himself with respect to the West Indies, and with a
view to such Arrangements, as may best conduce to the mutual advantage
and extension of Commerce. And the said Parties will then also renew
their discussions, and endeavour to agree, whether in any and what cases
Neutral Vessels shall protect Enemy's property; and in what cases
provisions and other articles not generally Contraband may become such.
But in the mean time their Conduct towards each other in these respects,
shall be regulated by the articles hereinafter inserted on those
subjects.
His Majesty consents that the Vessels belonging to the Citizens of
the United States of America, shall be admitted and Hospitably received
in all the Sea Ports and Harbours of the British Territories in the East
Indies: and that the Citizens of the said United States, may freely
carry on a Trade between the said Territories and the said United
States, in all articles of which the Importation or Exportation
respectively to or 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 other Power or State
whatever, to export from the said Territories without the special
Permission of the British Government there, any Military Stores, or
Naval Stores, or Rice. The Citizens of the United States shall pay for
their Vessels when admitted into the said Ports, no other or higher
Tonnage Duty than shall be payable on British Vessels when admitted into
the Ports of the United States. And they shall pay no other or higher
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 British Vessels. But it is expressly agreed,
that the Vessels of the United States shall not carry any of the
articles exported by them from the said British Territories to any Port
or Place, except to some Port or Place in America, where the same shall
be unladen, and such Regulations shall be adopted by both Parties, as
shall from time to time be found necessary to enforce the due and
faithful! observance of this Stipulation: It is also understood that the
permission granted by this article is not to extend to allow the
Vessels of the United States to carry on any part of the Coasting Trade
of the said British Territories, but Vessels going with their original
Cargoes, or part thereof, from one port of discharge to another, are not
to be considered as carrying on the Coasting Trade. Neither is this
Article to be construed to allow the Citizens of the said States to
settle or reside within the said Territories, or to go into the interior
parts thereof, without the permission of the British Government
established there; and if any transgression should be attempted against
the Regulations of the British Government in this respect, the
observance of the same shall and may be enforced against the Citizens of
America in the same manner as against British Subjects, or others
transgressing the same rule. And the Citizens of the United States,
whenever they arrive in any Port or Harbour in the said Territories, or
if they should be permitted in manner aforesaid, to go to any other
place therein, shall always be subject to the Laws, Government and
Jurisdiction, of what nature, established in such Harbour, Port or Place
according as the same may be: The Citizens of the United States, may
also touch for refreshment, at the Island of st Helena, but subject in
all respects to such regulations, as the British Government may from
time to time establish there.
There shall be between all the Dominions of His Majesty in Europe,
and the Territories of the United States, a reciprocal and perfect
liberty of Commerce and Navigation. The people and Inhabitants of the
Two Countries respectively, shall have liberty, freely and securely, and
without hindrance and molestation, to come with their Ships and Cargoes
to the Lands, Countries, Cities, Ports Places and Rivers within the
Dominions and Territories aforesaid, to enter into the same, to resort
there, and to remain and reside there, without any limitation of Time:
also to hire and possess, Houses and ware houses for the purposes of
their Commerce; and generally the Merchants and Traders on each side,
shall enjoy the most complete protection and Security for their
Commerce; but subject always, as to what respects this article, to the
Laws and Statutes of the Two Countries respectively.
It is agreed, that no other or higher Duties shall be paid by the
Ships or Merchandize of the one Party in the Ports of the other, than
such as are paid by the like vessels or Merchandize of all other
Nations. Nor shall any other or higher Duty be imposed in one Country on
the importation of any articles, the growth, produce, or manufacture of
the other, than are or shall be payable on the importation of the like
articles being of the growth, produce or manufacture of any other
Foreign Country. Nor shall any prohibition be imposed, on the
exportation or importation of any articles to or from the Territories of
the Two Parties respectively which shall not equally extend to all
other Nations.
But the British Government reserves to itself the right of imposing
on American Vessels entering into the British Ports in Europe a Tonnage
Duty, equal to that which shall be payable by British Vessels in the
Ports of America: And also such Duty as may be adequate to countervail
the difference of Duty now payable on the importation of European and
Asiatic Goods when imported into the United States in British or in
American Vessels.
The Two Parties agree to treat for the more exact equalization of the
Duties on the respective Navigation of their Subjects and People in
such manner as may be most beneficial to the two Countries. The
arrangements for this purpose shall be made at the same time with those
mentioned at the Conclusion of the
12th Article of this Treaty,
and are to be considered as a part thereof. In the interval it is
agreed, that the United States will not impose any new or additional
Tonnage Duties on British Vessels, nor increase the now subsisting
difference between the Duties payable on the importation of any articles
in British or in American Vessels.
It shall be free for the Two Contracting Parties respectively, to
appoint Consuls for the protection of Trade, to reside in the Dominions
and Territories aforesaid; and the said Consuls shall enjoy those
Liberties and Rights which belong to them by reason of their Function.
But before any Consul shall act as such, he shall be in the usual forms
approved and admitted by the party to whom he is sent, and it is hereby
declared to be lawful and proper, that in case of illegal or improper
Conduct towards the Laws or Government, a Consul may either be punished
according to Law, if the Laws will reach the Case, or be dismissed or
even sent back, the offended Government assigning to the other, Their
reasons for the same.
Either of the Parties may except from the residence of Consuls such
particular Places, as such party shall judge proper to be so excepted.
It is agreed that, in all Cases where Vessels shall be captured or
detained on just suspicion of having on board Enemy's property or of
carrying to the Enemy, any of the articles which are Contraband of war;
The said Vessel shall be brought to the nearest or most convenient Port,
and if any property of an Enemy, should be found on board such Vessel,
that part only which belongs to the Enemy shall be made prize, and the
Vessel shall be at liberty to proceed with the remainder without any
Impediment. And it is agreed that all proper measures shall be taken to
prevent delay, in deciding the Cases of Ships or Cargoes so brought in
for adjudication, and in the payment or recovery of any Indemnification
adjudged or agreed to be paid to the masters or owners of such Ships.
In order to regulate what is in future to be esteemed Contraband of
war, it is agreed that under the said Denomination shall be comprized
all Arms and Implements serving for the purposes of war by Land or Sea;
such as Cannon, Muskets, Mortars, Petards, Bombs, Grenades Carcasses,
Saucisses, Carriages for Cannon, Musket rests, Bandoliers, Gunpowder,
Match, Saltpetre, Ball, Pikes, Swords, Headpieces Cuirasses Halberts
Lances Javelins, Horsefurniture, Holsters, Belts and, generally all
other Implements of war, as also Timber for Ship building, Tar or Rosin,
Copper in Sheets, Sails, Hemp, and Cordage, and generally whatever may
serve directly to the equipment of Vessels, unwrought Iron and Fir
planks only excepted, and all the above articles are hereby declared to
be just objects of Confiscation, whenever they are attempted to be
carried to an Enemy.
And Whereas the difficulty of agreeing on the precise Cases in which
alone Provisions and other articles not generally contraband may be
regarded as such, renders it expedient to provide against the
inconveniences and misunderstandings which might thence arise: It is
further agreed that whenever any such articles so becoming Contraband
according to the existing Laws of Nations, shall for that reason be
seized, the same shall not be confiscated, but the owners thereof shall
be speedily and completely indemnified; and the Captors, or in their
default the Government under whose authority they act, shall pay to the
Masters or Owners of such Vessels the full value of all such Articles,
with a reasonable mercantile Profit thereon, together with the Freight,
and also the Demurrage incident to such Detension.
And Whereas it frequently happens that vessels sail for a Port or
Place belonging to an Enemy, without knowing that the same is either
besieged, blockaded or invested; It is agreed, that every Vessel so
circumstanced may be turned away from such Port or Place, but she shall
not be detained, nor her Cargo, if not Contraband, be confiscated;
unless after notice she shall again attempt to enter; but She shall be
permitted to go to any other Port or Place She may think proper: Nor
shall any vessel or Goods of either party, that may have entered into
such Port or Place before the same was besieged, block aced or invested
by the other, and be found therein after the reduction or surrender of
such place, be liable to confiscation, but shall be restored to the
Owners or proprietors thereof.
And that more abundant Care may be taken for the security of the
respective Subjects and Citizens of the Contracting Parties, and to
prevent their suffering Injuries by the Men of war, or Privateers of
either Party, all Commanders of Ships of war and Privateers and all
others the said Subjects and Citizens shall forbear doing any Damage to
those of the other party, or committing any Outrage against them, and if
they act to the contrary, they shall be punished, and shall also be
bound in their Persons and Estates to make satisfaction and reparation
for all Damages, and the interest thereof, of whatever nature the said
Damages may be.
For this cause all Commanders of Privateers before they receive their
Commissions shall hereafter be obliged to give before a Competent
Judge, sufficient security by at least Two responsible Sureties, who
have no interest in the said Privateer, each of whom, together with the
said Commander, shall be jointly and severally bound in the Sum of
Fifteen hundred pounds Sterling, or if such Ships be provided with above
One hundred and fifty Seamen or Soldiers, in the Sum of Three thousand
pounds sterling, to satisfy all Damages and Injuries, which the said
Privateer or her Officers or Men, or any of them may do or commit during
their Cruize contrary to the tenor of this Treaty, or to the Laws and
Instructions for regulating their Conduct; and further that in all Cases
of Aggressions the said Commissions shall be revoked and annulled.
It is also agreed that whenever a Judge of a Court of Admiralty of
either of the Parties, shall pronounce sentence against any Vessel or
Goods or Property belonging to the Subjects or Citizens of the other
Party a formal and duly authenticated Copy of all the proceedings in the
Cause, and of the said Sentence, shall if required be delivered to the
Commander of the said Vessel, without the smallest delay, he paying all
legal Fees and Demands for the same.
It is further agreed that both the said Contracting Parties, shall
not only refuse to receive any Pirates into any of their Ports, Havens,
or Towns, or permit any of their Inhabitants to receive, protect,
harbour conceal or assist them in any manner, but will bring to condign
punishment all such Inhabitants as shall be guilty of such Acts or
offences.
And all their Ships with the Goods or Merchandizes taken by them and
brought into the port of either of the said Parties, shall be seized, as
far as they can be discovered and shall be restored to the owners or
their Factors or Agents duly deputed and authorized in writing by them
(proper Evidence being first given in the Court of Admiralty for proving
the property,) even in case such effects should have passed into other
hands by Sale, if it be proved that the Buyers knew or had good reason
to believe, or suspect that they had been piratically taken.
It is likewise agreed that the Subjects and Citizens of the Two
Nations, shall not do any acts of Hostility or Violence against each
other, nor accept Commissions or Instructions so to act from any Foreign
Prince or State, Enemies to the other party, nor shall the Enemies of
one of the parties be permitted to invite or endeavour to enlist in
their military service any of the Subjects or Citizens of the other
party; and the Laws against all such Offences and Aggressions shall be
punctually executed. And if any Subject or Citizen of the said Parties
respectively shall accept any Foreign Commission or Letters of Marque
for Arming any Vessel to act as a Privateer against the other party, and
be taken by the other party, it is hereby declared to be lawful for the
said party to treat and punish the said Subject or Citizen, having such
Commission or Letters of Marque as a Pirate.
It is expressly stipulated that neither of the said Contracting
Parties will order or Authorize any Acts of Reprisal against the other
on Complaints of Injuries or Damages until the said party shall first
have presented to the other a Statement thereof, verified by competent
proof and Evidence, and demanded Justice and Satisfaction, and the same
shall either have been refused or unreasonably delayed.
The Ships of war of each of the Contracting Parties, shall at all
times be hospitably received in the Ports of the other, their Officers
and Crews paying due respect to the Laws and Government of the Country.
The officers shall be treated with that respect, which is due to the
Commissions which they bear. And if any Insult should be offered to them
by any of the Inhabitants, all offenders in this respect shall be
punished as Disturbers of the Peace and Amity between the Two Countries.
And His Majesty consents, that in case an American Vessel should by
stress of weather, Danger from Enemies, or other misfortune be reduced
to the necessity of seeking Shelter in any of His Majesty's Ports, into
which such Vessel could not in ordinary cases claim to be admitted; She
shall on manifesting that necessity to the satisfaction of the
Government of the place, be hospitably received, and be permitted to
refit, and to purchase at the market price, such necessaries as she may
stand in need of, conformably to such Orders and regulations as the
Government of the place, having respect to the circumstances of each
case shall prescribe. She shall not be allowed to break bulk or unload
her Cargo, unless the same shall be bona fide necessary to her being
refitted. Nor shall be permitted to sell any part of her Cargo, unless
so much only as may be necessary to defray her expences, and then not
without the express permission of the Government of the place. Nor shall
she be obliged to pay any Duties whatever, except only on such
Articles, as she may be permitted to sell for the purpose aforesaid.
It shall not be lawful for any Foreign Privateers (not being Subjects
or Citizens of either of the said Parties) who have Commissions from
any other Prince or State in Enmity with either Nation, to arm their
Ships in the Ports of either of the said Parties, nor to sell what they
have taken, nor in any other manner to exchange the same, nor shall they
be allowed to purchase more provisions than shall be necessary for
their going to the nearest Port of that Prince or State from whom they
obtained their Commissions.
It shall be lawful for the Ships of war and Privateers belonging to
the said Parties respectively to carry whithersoever they please the
Ships and Goods taken from their Enemies without being obliged to pay
any Fee to the Officers of the Admiralty, or to any Judges what ever;
nor shall the said Prizes when they arrive at, and enter the Ports of
the said Parties be detained or seized, neither shall the Searchers or
other Officers of those Places visit such Prizes (except for the purpose
of preventing the Carrying of any part of the Cargo thereof on Shore in
any manner contrary to the established Laws of Revenue, Navigation or
Commerce) nor shall such Officers take Cognizance of the Validity of
such Prizes; but they shall be at liberty to hoist Sail, and depart as
speedily as may be, and carry their said Prizes to the place mentioned
in their Commissions or Patents, which the Commanders of the said Ships
of war or Privateers shall be obliged to shew. No Shelter or Refuge
shall be given in their Ports to such as have made a Prize upon the
Subjects or Citizens of either of the said Parties; but if forced by
stress of weather or the Dangers of the Sea, to enter therein,
particular care shall be taken to hasten their departure, and to cause
them to retire as soon as possible. Nothing in this Treaty contained
shall however be construed or operate contrary to former and existing
Public Treaties with other Sovereigns or States. But the Two parties
agree, that while they continue in amity neither of them will in future
make any Treaty that shall be inconsistent with this or the preceding
article.
Neither of the said parties shall permit the Ships or Goods belonging
to the Subjects or Citizens of the other to be taken within Cannon Shot
of the Coast, nor in any of the Bays, Ports or Rivers of their
Territories by Ships of war, or others having Commission from any
Prince, Republic or State whatever. But in case it should so happen, the
party whose Territorial Rights shall thus have been violated, shall use
his utmost endeavours to obtain from the offending Party, full and
ample satisfaction for the Vessel or Vessels so taken, whether the same
be Vessels of war or Merchant Vessels.
If at any Time a Rupture should take place (which God forbid) between
His Majesty and the United States, the Merchants and others of each of
the Two Nations, residing in the Dominions of the other, shall have the
privilege of remaining and continuing their Trade so long as they behave
peaceably and commit no offence against the Laws, and in case their
Conduct should render them suspected, and the respective Governments
should think proper to order them to remove, the term of Twelve Months
from the publication of the order shall be allowed them for that purpose
to remove with their Families, Effects and Property, but this Favor
shall not be extended to those who shall act contrary to the established
Laws, and for greater certainty it is declared that such Rupture shall
not be deemed to exist while negotiations for accommodating Differences
shall be depending nor until the respective Ambassadors or Ministers, if
such there shall be, shall be recalled, or sent home on account of such
differences, and not on account of personal misconduct according to the
nature and degrees of which both parties retain their Rights, either to
request the recall or immediately to send home the Ambassador or
Minister of the other; and that without prejudice to their mutual
Friendship and good understanding.
It is further agreed that His Majesty and the United States on mutual
Requisitions by them respectively or by their respective Ministers or
Officers authorized to make the same will deliver up to Justice, all
Persons who being charged with Murder or Forgery committed within the
Jurisdiction of either, shall seek an Asylum within any of the Countries
of the other, Provided that this shall only be done on such Evidence of
Criminality as according to the Laws of the Place, where the Fugitive
or Person so charged shall be found, would justify his apprehension and
commitment for Tryal, if the offence had there been committed. The
Expence of such apprehension and Delivery shall be borne and defrayed by
those who make the Requisition and receive the Fugitive.
It is agreed that the first Ten Articles of this Treaty shall be
permanent and that the subsequent Articles except the Twelfth shall be
limited in their duration to Twelve years to be computed from the Day on
which the Ratifications of this Treaty shall be exchanged, but subject
to this Condition that whereas the said Twelfth Article will expire by
the Limitation therein contained at the End of two years from the
signing of the Preliminary or other Articles of Peace, which shall
terminate the present War, in which His Majesty is engaged; It is agreed
that proper Measures shall by Concert be taken for bringing the subject
of that article into amicable Treaty and Discussion so early before the
Expiration of the said Term, as that new Arrangements on that head may
by that Time be perfected and ready to take place. But if it should
unfortunately happen that His Majesty and the United States should not
be able to agree on such new Arrangements, in that case, all the
Articles of this Treaty except the first Ten shall then cease and expire
together.
Lastly. This Treaty 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 Their Senate, and the respective Ratifications
mutually exchanged, shall be binding and obligatory on His Majesty and
on the said States, and shall be by Them respectively executed and
observed with punctuality, and the most sincere regard to good Faith.
And Whereas it will be expedient in order the better to facilitate
Intercourse and obviate Difficulties that other Articles be proposed and
added to this Treaty, which Articles from want of time and other
circumstances cannot now be perfected; It is agreed that the said
Parties will from Time to Time readily treat of and concerning such
Articles, and will sincerely endeavour so to form them, as that they may
conduce to mutual convenience, and tend to promote mutual Satisfaction
and Friendship; and that the said Articles after having been duly
ratified, shall be added to, and make a part of this Treaty.
In Faith whereof We the Undersigned, Ministers Plenipotentiary of His
Majesty The King of Great Britain; and the United States of America,
have signed this present Treaty, and have caused to be affixed thereto,
the Seal of Our Arms.
Done at London, this Nineteenth Day of November, One thousand seven hundred and ninety Four.
GRENVILLE [Seal) JOHN JAY [Seal]
http://avalon.law.yale.edu/18th_century/jay.asp
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