Treaty of Amity and Commerce made and concluded by and between His Britannic Majesty; and the President of the United States of America, on the part and behalf of the said States, by and with the advice and consent of the Senate thereof—

His Britannic Majesty and the United States of America, being desirous by a Treaty of Amity and Commerce, to terminate their differences in such a manner, as without drawing the merits of them into question, shall produce mutual content and good understanding—1 And also to regulate the Commerce between their respective countries, territories, and inhabitants, in such 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 Britannic Majesty has named for His Plenipotentiary and the President of the said United States, by and with the advice and consent of the Senate thereof, hath appointed for their Plenipotentiary who have agreed on and concluded the following Articles vizt.2

1st. There shall be a firm, inviolable and universal Peace, and a true and sincere Friendship, between His Britannic Majesty his Heirs and Successors, and the United States of America; and between their respective Countries, Territories, Cities, Towns and People, and Inhabitants of every degree, without exception of Persons or Places—3

2d. His Majesty will withdraw all his Troops and Garrisons from all Posts and Places4 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 1796, 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.5

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 their effects, and also to sell their Lands, Houses, or Effects, or to retain the property thereof.6 Such of them as shall continue to reside there for the purposes of their Commerce, 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—7 All the other Settlers who shall continue there after the expiration of the said year, shall be considered as having elected to become citizens of the United States—8

It9 shall at all times be free to the Indians dwelling within the Boundaries of either of the parties, to pass and repass with their own proper goods and effects, and to carry on their commerce within or without the jurisdiction of either of the said parties, without hindrance or molestation;10 or being subjected to any imposts whatever— but goods in bales (Peltries excepted) shall not be considered as goods belonging bona fide to Indians—11 Provided however that this priviledge shall be suspended with respect to those Tribes, who may be at war and while they may be at war, with the party within whose Jurisdiction they may either dwell, or attempt to come— But neither of the contracting Parties will form any political connextions, nor hold any Treaties with Indians dwelling within the boundaries of the other— They will with good faith endeavour to restrain their respective Indians from war, and the better to prevent it, they will make every future indian war a common cause so far as to prohibit and prevent any supplies of am^m^unition or arms being given or sold even by indian traders to the belligerent tribe or tribes or to any individuals of them—

In case it should happen (which God forbid) that war should exist between the said parties, they mutually engage to abstain not only from inviting, but also from permitting any Indians to join in it; but on the contrary, will reject their offers of aid and receive no assistance from them; nor shall they be allowed under any pretence or in any capacity, to attend or resort to the armies or detachments of either of the said parties—12

No armed vessels shall be kept by either of the parties on the lakes and waters thro’ which the boundary line between them passes— It being their earnest desire to render mutual justice, confidence and good will, a sufficient Barrier against encroachment and aggression—

Under the influence of these motives, they will as soon as circumstances shall render it seasonable, enter into arrangements for diminishing or wholly withdrawing all military force from the Borders13—

3d. Whereas it is questioned and uncertain, whether the River Mississippi does extend so far to the northward, as to reach or intersect the due west line from the Lake of the Woods, which is mentioned in the Treaty of Peace, and consequently whether the northern and western lines of the United States do or do not close in that corner; and in the latter case how they ought to be closed; which questions it would be premature to discuss and endeavour to settle, while the parties remain uninformed of the actual extent and other material circumstances of the said River.

Wherefore it is agreed that all discussions on these subjects shall be postponed, untill an accurate survey of the said River shall be made— Such a survey of the River Mississippi, beginning at the distance of one degree of Latitude below and from the Falls of St. Anthony, and proceeding thence to its source or head, shall be made. The said survey shall comprehend the course, width & depth of the said River, the Falls and Rapids which may be found therein; and an account of the intervals where it may be navigable, and for what Vessels; and of all such other matters and things, as it may be interesting to both or either of the said parties to be informed of. It shall also comprehend similar surveys and accounts of all the principal Branches or Streams, which empty into the said River, above the said place of beginning. The Lake of the Woods shall also be surveyed— the most northwestern point thereof shall be ascertained and described; and the Latitude and Longitude thereof, as well as the Latitude and Longitude of the Head or Source of the Mississippi, and of the said principal Branches or Streams, shall be correctly taken and fixed—14

This work shall be performed and executed by, and under the direction of three Commissioners, whereof one shall be appointed by his Majesty one by the President of the United States with the advice and consent of the Senate, and the third by those two. In case those two should not be able to agree in such appointment, then each of them shall propose a person, and of the two so proposed, one shall be taken by lot in the presence of both the proposers, and the one so taken shall be the third commissioner.—15

The said two first appointed Commissioners shall as soon as may be after being duly notified, meet ^at^ Philadelphia, and before they proceed to execute any part of their commission shall take the following Oath or Affirmation before any one of the National or State Judges vizt.

“I A.B. one of the Commissioners appointed to make the surveys directed in and by the Article of the Treaty of Amity & Commerce between his Britannic Majesty and the United States of America, do solemnly swear (or affirm) that I have no personal interest in the issue of those surveys, and that I will faithfully and diligently, impartially and carefully make the said surveys, according to the directions of the said article, and to the best of my skill and understanding— And I do also solemnly swear (or affirm) that I will sincerely endeavour to agree with my colleague in the appointment of a third Commissioner— that I will propose only such person or persons as I shall judge to be qualified for that place, and that I will not oppose but will favor the appointment of that one among those whom we shall propose, whom I shall really think the best qualified for the same.”

When the said third Commissioner shall be appointed, he shall before he proceeds to act, take the Oath or Affirmation first above mentioned—

The said third Commissioner shall always preside, and every question that may come before the board, shall be decided by plurality of voices, openly given, that is not by Ballot—

They shall appoint one chief clerk, and also such assistant clerks as they may judge from time to time to be necessary, each of whom before he does any act in that capacity, shall take the following oath or affirmation before any one of the said commissioners who are hereby severally authorized to administer the same, vizt.

“I A.B. appointed clerk (or assistant clerk) to ^the^ Commissioners appointed in pursuance of the article of the Treaty of Amity and Commerce between His Britannic Majesty and the United States of America, to make the surveys therein directed, do solemnly swear (or affirm) that I am not personally interested in the said surveys and ^that^ I will do the duties of the said place with fidelity care and diligence according to the best of my skill and understanding.”

The said Commissioners shall appoint such Astronomers and Surveyors, as they shall judge necessary; and shall administer to them respectively an Oath or Affirmation purporting that they have no personal interest in the said surveys, and that they will respectively perform the duties to be assigned to them by the said Commissioners, with fidelity care and diligence—

The said Commissioners shall decide on the allowances and compensation to be made to the several persons whom they shall employ as aforesaid, and to all others whom they may occasionally employ; but these compensations or allowances shall be confined to the time or times during which the said persons shall be in actual service.—

When their Business shall be finished, the said Commissioners shall deliver to the Minister of His Majesty at Philadelphia for the use of his Majesty, a Chart representing the said surveys, a statement of their accounts, and a journal of their proceedings, which shall contain such remarks, facts and circumstances, as shall tend to explain the said chart, and as shall in their opinion be necessary to preserve and convey ^and preserve^ the information intended to be acquired by the execution of their commission. They shall also on the same day, deliver exact duplicates of the said Chart statement and journal, for the use of the United States, to their Secretary of State of his Office—

Arrangements shall be taken by concert between the Government of the United States and His Majesty’s Governor General in America, to afford proper protection, facilities and supplies to the said Commissioners—

The whole expence of executing this Commission shall be paid in equal moieties by his Majesty and the United States— Necessary advances of money shall from time to time be made, and his Majesty’s Minister at Philadelphia, and the Secretary of the Treasury of the United States, shall be respectively authorized and enabled to make such advances, in equal proportions—

Whenever any one of the said Commissioners shall die, or in the opinion of the other two signified by writing under their hands, become disqualified by sickness or otherwise for service, the place of such Commissioner shall be supplied by another to be appointed in the same manner that he was, and to take the same Oaths that he did, and to perform the same duties that were encumbent on him— And his Majesty will authorize his Minister with the United States, to make such appointments as this Treaty assigns to his Majesty—

The said Commissioners shall be paid for their services at the rate of   per annum while on actual service. They shall also be provided with necessary supplies while actually on service, but while absent from the said surveys or service they shall bear their own expences, and receive no Salary nor Compensation.

And to the end that this survey may not be interrupted by the Indian Tribes in the vicinity, the Government of the United States will by concert with His Majesty’s Governor of upper Canada, take the necessary measures for explaining the object of the same to those Indians; and unite their efforts in composing their apprehensions and in restraining them from interrupting the progress and completion of the work—16

4th. Altho’ the Boundaries of the United States as delineated by the Treaty of Peace are hereby recognized and admitted, yet as the Parties differ as to which is the River intended by the said Treaty, and therein called the River St. Croix, which forms a part of the Boundary therein described—

It is agreed that the said question shall be referred to the final decision of three Commissioners to be appointed exactly in the same manner, and to take the same oaths (mutatis mutandis) before any respectable Magistrate, as is prescribed in the preceeding Article relative to the Commissioners therein mentioned— They shall meet at Quebec, Halifax, &c.17

They shall appoint a clerk, and if necessary, assistant clerks, Astronomers and Surveyors— They shall in like manner administer to them the same Oaths (mutatis mutandis) they shall make them allowances and compensations on the like principle of actual service, and they themselves shall receive the same compensations with those Commissioners, and while actually on duty shall be allowed their reasonable Expences—

They shall direct such surveys as they shall judge proper, and may adjourn to such place or places as they may think expedient. They shall hear and receive whatever Testimony and Evidences shall be offered to them by the parties, and without improper precipitation or delay, shall by writing under their hands, attested by their Clerk decide which is the River St. Croix intended by the Treaty— The said written decision shall contain a description of the said River, and the Latitude and Longitude of its mouth and of its source— They shall deliver duplicates of this writing and of statements of their accounts and of the journal of their proceedings, to the agent of his Majesty and to the Agent of the United States, who shall be respectively appointed and authorized to manage the business on their respective parts and behalf—

The expence of executing this Business shall be paid in equal moieties by both parties, and the necessary advances shall be made in like manner as the advances mentioned in the preceeding Article are provided for— And the said Commissioners shall be authorized to employ all such persons as they shall deem necessary and proper in the Business committed to them by this Article—

5th.18 Whereas complaints have been made by divers Merchants and other 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 and ^or^ illegal captures19 and 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 said losses and damages, cannot now be actually obtained,20 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 or cause be now actually obtained had and received by the said Merchants and others, for the said losses and damages, full and complete satisfaction for the same will be made by the British Government to the said Complainants.

That for this purpose five Commissioners shall be appointed and authorized (to meet and act in London) in manner following vizt. 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, and the fifth by the unanimous voice of the other four.

When the said first four Commissioners shall meet, they shall before they proceed to act, respectively take the following Oath or Affirmation vizt.—

“I A.B. one of the Commissioners appointed in pursuance of the   article of the Treaty of amity and commerce between His Britannic Majesty and the United States of America do solemnly swear (or affirm) that I will honestly diligently impartially and carefully hear, and according to justice and equity and the best of my judgement 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. And I do further solemnly swear (or affirm) that I will sincerely endeavour to agree with my colleagues in appointing a proper person to be the fifth Commissioner.”

In case the said four Commissioners should not agree in such choice, then the said fifth Commissioner shall be appointed by lot in the manner directed in the third Article of this Treaty and when appointed shall take the first of the before mentioned Oaths or Affirmations.

Three of the said Commissioners shall constitute a Board, and 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.

In case of death sickness or necessary absence, the places of such Commissioners respectively shall be supplied in the same manner as such Commissioners were first appointed and the new ones shall take the same Oath or Affirmation and do the same duties.

They shall appoint a Clerk and administer to him an Oath (or Affirmation) faithfully and impartially and diligently to do his duty21—

Eighteen months from the day on which the said Commissioners shall form a Board and be ready to proceed to Business are assigned for the reception of complaints & applications but they are nevertheless authorized for once to prolong that term to a further period in case it shall appear to them to be reasonable and proper.22

The said Commissioners in awarding such sums as shall appear to them to be justly and equitably due to the said complainants, in pursuance of the true intent and meaning of this article, are impowered to take into their consideration, and to determine all claims 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 persons on Oath touching the premisses, and also to receive in evidence according as they think most consistent with equity and justice all written depositions, or books or copies, or papers or ^or Copies or^ extracts thereof— Every such Deposition, book, paper, copy, or extract being duly authenticated 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 prescribe and require.

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 complainant or claimant— And his Majesty undertakes to cause the same to be paid to such claimants without deductions in specie, 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 to be given by the claimant of his demands against individuals 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 within the limits and jurisdiction of the said States or by vessels armed in ports of the said States,

It is agreed that all such cases shall be, and hereby are referred to the Commissioners before mentioned, and they are authorized to proceed in like manner relative to those as to the other cases committed to them. And the United States undertake to pay to the complainants or claimants in specie without deductions, the amount of the sum to be awarded to them respectively by the said Commissioners, at the times and places which in such awards shall be specified, and on condition of such releases to be given by the Claimant of his demands against individuals, as the said awards may direct.

And it is further agreed that not only 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 article23—

6th. 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 security24 thereof has been in several instances impaired and lessened; so that by the ordinary course of judicial proceedings the British creditors cannot obtain and actually have and receive full and adequate compensation for the losses and damages which they have thereby sustained25 It is agreed that in all such cases where full compensation for such losses and damages cannot for whatever reason (other than insolvency not imputable to the said impediments and delays)26 be actually obtained had and received by the said creditors in the ordinary course of justice, the United States will make full and complete satisfaction for the same to the said creditors And that for this purpose five commissioners shall be appointed & authorized exactly in the manner directed with respect to those mentioned in the preceeding article, and shall take the same Oaths or Affirmations (mutatis mutandis) and proceed as is therein directed. The same term of eighteen months is also assigned for the reception of claims and they are in like manner authorized for once to prolong it to a more distant period. 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 whether they respect principal or interest, or ballances of either, according to the merits of the several cases, and to justice equity and good conscience, having due regard to all the circumstances thereof—

The award of the said Commissioners 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 claimant, and the United States undertake to cause the same to be paid to such claimants without any deductions, in specie, at such place or places and at such Time or times, after the first day of June 179627 as shall be awarded by the said Commissioners and on condition of such assignments by the said claimants of their demands against individuals to the United States, or of such releases of their said demands against ^to^ individuals, as the said Commissioners may think proper to direct—

The said Commissioners shall meet at Philadelphia, but shall have power to adjourn at their discretion to any other place or places in the United States—

It is further agreed that the Commissioners mentioned in this and in the preceeding article shall be paid at the rate of   per annum for the first eighteen months and at the rate of   per annum for the residue of the time they may sit— No allowances whatever shall be made to them on account of expences— Their Clerks shall each be paid at the rate of   per annum for the whole time of their service—

These expenses shall be paid in equal shares by both the parties, and they will provide that the said salaries shall be paid quarterly to be computed from the day of the first meeting to do business. They will also provide that on the said first day of meeting one hundred pounds sterling be paid in advance and on account to each of the said Commissioners, and fifty pounds sterling to each of the clerks—28

7th. 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 Dominion of his Majesty shall continue to hold them according to the nature and tenure of their respective Estates and Titles therein, and may grant and sell and devise the same, as, and 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 and the legal remedies incident thereto, be regarded as aliens—29

8th. Neither the debts due from individuals of the one nation to individuals of the other, nor shares or 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 both unjust and consequently impolitic 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 said 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 vizt.30 9th. It shall be free to his Majesty’s subjects and to the citizens of the United States,31 to pass and repass into their respective Territories and Countries 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, and with the Indians dwelling within the boundaries of the said contracting parties. But the navigation of His Majesty’s Rivers to or from the Sea shall not be open to vessels of the United States, Nor shall the Rivers of the United States be open to british vessels from the Sea further than to the usual ports near the sea into which they have heretofore been admitted. But the River Mississippi shall according to the treaty of peace continue to be open to both parties, and all the Ports and Places on its eastern side 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 Britain32—

All Goods and Merchandizes, (whose importation into his Majesty’s said American dominions33 shall not be entirely prohibited) may freely for the purposes of Commerce be carried into the same, by american citizens, in any manner except by sea,34 and shall be subject only to the same duties as in like cases would be payable by his Majesty’s subjects. And, on the other hand, all Goods and Merchandizes (whose importation into the United States shall not be entirely prohibited) may freely for the purposes of commerce, be carried into the same from his Majesty’s-said Territories, by British subjects, in any manner except by Sea,35 and shall be subject only to the same duties as in like cases would be payable by american Citizens.36 Peltries may always be freely carried (except by sea) from one side to the other without paying any duty or impost, and so also may all other goods whose exportation may not be entirely prohibited ^may also be freely carried paying Duties as^ aforesaid.

No higher or other Tolls, or Rates of Ferriage than what are or shall be payable by natives, shall be executed or demanded ^or executed^ on either side.37

As this Article is particularly intended and calculated to render in a great degree the local advantages of each common to both, And thereby to promote a disposition favorable to friendship and good neighbourhood, it is agreed that the respective Governments will constantly promote this amicable intercourse, by causing speedy and impartial justice and necessary protection to be done and extended to all who may be concerned therein38—

10th. His Majesty consents that it shall and may be lawful, during the time herein after 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    tons,39 any Goods or Merchandizes being of the growth, manufacture40 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 and their cargoes shall pay there no other or higher duties or charges than shall be payable by british vessels in similar circumstances. And 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 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 are or shall be subject in similar circumstances— It is his Majesty’s intention that american vessels shall, as to the articles which may lawfully [be] exported or imported to or from the said ^Islands^ and the united States, as well as with respect to duties and charges, shall be exactly on the same footing on which British vessels now are and that any extension or ampli^fi^cation of the priviledges of the latter shall immediately extended to the former.41 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 prohibit42 the carrying any Sugar Coffee or Cotton in American vessels,43 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—

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 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 will treat further concerning 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—44

11th. 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 navigation45 And it is agreed that this navigation and commerce shall continue to be exactly on the same footing in every respect on which they now stand, except that in cases where any other nation or nations now are or hereafter shall be admitted by either party to greater priviledges or favors, the same shall immediately become common to the other party, who shall enjoy the same priviledge or favor freely, if the concession was gratuitously made, or on allowing the same equally valuable compensation if the concession was made in consideration of compensation— Neither of the parties will in future lay any other or higher duties or imposts on each others vessels and merchandizes, than what they shall lay on the like vessels and merchandizes of all other nations— nor shall they lay any prohibitions on any kind of merchandize without extending it to the same kind of merchandize to whatever nation belonging.

The people and inhabitants of the two countries respectively, shall have liberty freely and securely, and without hindrance or 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 thereto, and to remain and reside there without any limitation of time— also to hire and possess houses and warehouses for the purposes of their commerce, and generally that 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 general laws and statutes of the two countries respectively—46

12th. In consideration that the United States agree not to lay any duties or imposts on the exportation [in margin: N.B. The Constitution forbids Duties on Exportation]47 of any of their commodities produce or manufactures in british vessels, His Majesty agrees that masts ship-timber staves, board plank and spars may be imported into his said dominions, duty free, from the United States in American vessels— and also that the duty on the importation of Rice from the United States shall be reduced to   per hundred and that on whale oil to   and that Salt may be imported into the United States in their vessels from Turks Island duty free—48

13th. 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,49 and who 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 and 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—50

Either of the parties may except from the residence of Consuls such particular places as such party shall judge proper to be so excepted—51

14th. His Majesty consents that american vessels trading to Asia shall be hospitably received and treated, in all his Asiatic Ports and Dominions; and may freely import into the same any of the productions and manufactures of the United States, and purchase and carry from thence any of the productions and ^or^ manufactures of those countries directly from ^to^ the United States, but not directly to any part of Europe. This Article shall be of the same duration with the Article respecting the West Indies.52

15th. It shall be lawful for all the subjects of his Majesty, and the citizens of the United States, to sail with their ships with perfect security and liberty, no distinction being made who are the proprietors of the merchandizes laden thereon, from any port whatever, to the countries which are now or shall be hereafter at war with His Majesty, or the United States. It shall likewise be lawful for them respectively to sail and traffic with their ships and merchandizes, with the same liberty and security, from the countries ports and places of those who are enemies of both, or of either party, and to pass directly, not only from the places of the enemy aforementioned, to neutral places, but also from one place belonging to an Enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same or of several Sovereigns or Governments. And as every thing shall be deemed to be free which shall be found on board the Ships belonging to the said subjects or citizens aforesaid, altho’ the whole lading or part thereof should belong to the enemies of the contracting parties, (contraband Goods always excepted) so it is also agreed that the same liberty be extended to persons who are on board a free ship, to the end, that altho’ they be enemies to both or to either party, they may not be taken out of such free ship, unless they are soldiers actually in the service of the enemies and on their voyage for the purpose of being employed in a military capacity in their fleets or armies.

This liberty of navigation and Commerce shall extend to all kinds of merchandizes, excepting those only which are specified in the following article, and which are described under the name of contraband—53

16th. Under the name of contraband or prohibited goods shall be comprehended Arms, cannon, Harquebusses, Mortars, Petards, Bombs, Grenades, Saucisses, Carcasses, carriages for cannon, Musket Rests, Bandoleers, Gun powder, Match, Salt Petre, Ball, Pikes, Swords, Head pieces, Helmets, Cuirasses, Halberds, Javelins, Holsters, Belts, Horses and Harness, and all other like kinds of arms and warlike Implements fit for the use of Troops.

These Merchandizes which follow shall not be reckoned among Contraband Goods— That is to say, All sorts of cloth, and all other manufactures of Wool, Flax, Silk, Cotton, or any other materials, all kinds of wearing apparel, together with the articles of which they are usually made—Gold, Silver coined or uncoined—Tin, Iron, Lead, Copper, Brass, Coals—as also Wheat and Barley and Flour, and every kind of Corn and Pulse—Tobacco and all kinds of Spices,—Salted and Smoked Flesh, Fish, Cheese, Butter, Beer, Cyder, Oil, Wines, Sugar, Salt, and all kinds of provisions whatever which serve for sustenance and food to mankind. All kinds of Cotton, Flax, Hemp, Cordage Cables, Sails, Sail-cloth— Tallow, Pitch, Tar, Rosin, Anchors and any parts of Anchors, Ship masts, Planks, Timber of all kinds of Trees, and all other things proper either for building or repairing Ships. Nor shall any other Goods whatever which have not been worked into the form of any Instrument of Furniture for warlike use, by land or by sea, be reputed contraband, much less such as have been already wrought and made up for any other purpose. All which things shall be deemed goods not contraband, As likewise all others which are not herein before and particularly enumerated and described as contraband. So that they may be freely carried by the respective subjects and citizens of the contracting parties even to places belonging to an enemy excepting only such places as are besieged blocked or invested, and whereas it54 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 or be found in ^into^ such port or place, before the same was besieged blockaded 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 whereas corn Grain or other Provisions can only be considered as contraband on occasions and in Cases when a well founded Expectation exists of reducing an Enemy by the Want thereof It is agreed that in all such Cases, the said articles shall not be confiscated; but that 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 Proffit thereon, together with the Freight, and also the Demurrage incident to their Detention—55

17th. To the end that all manner of dissentions and quarrels may be avoided and prevented on both sides— It is agreed that in case either of the contracting parties should be engaged in war, the vessels belonging to the subjects or citizens of the other, shall be furnished with Sea Letters or Passports, expressing the name, property and bulk of the Ship or Vessel— and also the name and place of abode of the Master or Commander, that it may appear thereby, that the said Ship really belongs to ^such^ subjects or citizens— Which passports shall be made out and granted according to the form annexed to the present Treaty. They shall likewise be renewed every year, if the Ship happens to return home within the space of a year.

It is also agreed that such Ships when laden, are to be provided not only with passports as abovementioned but also with certificates containing the several particulars of the cargo, the place from whence the Ship sailed, and whither she is bound; so that it may be known whether she carries any of the prohibited or contraband goods specified in the preceeding article— which certificates shall be prepared by the officers of the place from whence the Ship set sail in the accustomed form— and if any one shall think fit to express in the said certificates the name of the person to whom the Goods belong, he may freely do so—56

18th. The Merchant Ships of either of the parties, coming to any of the coasts of either of them, but without being willing to enter into port, or being entered, yet not willing to land their cargoes or break bulk, shall not be obliged to give an account of their lading; unless suspected on sure evidence, of carrying contraband goods to the enemies of either of the contracting parties—

In case the said Merchant Ships shall meet with any Men of War or Privateers of either of the contracting parties, either on the coast or on the High Seas, the said men of War & Privateers are to remain out of Cannon shot, and to send their boats to the Merchant Ship which may be met with, and shall enter her to the number of two or three men only, to whom the master or commander of such ship or vessel, shall show his passport containing the proof of the property of the ship, made out according to the form annexed to this present Treaty; And the Ship which shall exhibit the same, shall have liberty to continue her voyage, and it shall be wholly unlawful to molest or search her, or to chase or compel her to alter her course.

But such of the said merchant Ships as may be bound for a port at enmity with the other contracting party, concerning whose voyage, and the sort of goods on board, there may be just cause for suspicion, shall be obliged to exhibit, as well on the high seas as in the Ports and Havens, not only her passports, but also her Certificates expressing that the goods are not of the kind which are contraband as specified in the   article of this Treaty.

If on exhibiting the above mentioned Certificates, containing a list of the Cargo, the other party should discover any goods of that kind which are declared contraband or prohibited by this treaty, and which are designed for a port subject to the enemy of the said party, it shall be unlawful to break up or open the Hatches, Chests, Bales or other Vessels found on board such Ship, or to remove even the smallest parcel of Goods, unless the lading be brought on shore, in the presence of the Officers of the Court of Admiralty, and an inventory made by them of the said goods. Nor shall it be lawful to sell, exchange or alienate the same in any manner, unless after lawful process shall have been had against such prohibited goods, and the Judges of the Admiralty shall, by sentence pronounced, have confiscated the same Saving always as well the Ship itself, as all the other goods ^found^ therein, which by this Treaty are accounted free; neither may they be detained on pretence of their being mixed with prohibited goods, much less shall they be confiscated as lawful prize. And if when only part of the cargo shall consist of contraband goods, the master of the Ship shall consent and offer to deliver them to the captor who has discovered them; in such case the captor, having received those goods as lawful prize, shall forthwith release the ship and not hinder her by any means from prosecuting her voyage to the place of her destination.57

19th. It is agreed that whatever may ^shall^ be found to be laden by the respective subjects or citizens of either of the said parties on any ship belonging to the enemies of the other, altho’ the same be not contraband goods, shall be confiscated in the same manner as if it belonged to the enemy himself. Excepting always those goods which were put on board such ship before the declaration of war, or the general order for reprizals, or even after such declaration or order, if it were done within the times following, that is to say, if they were put on board such ship in any port or place, within the space of two months after such declaration, or order for Reprizals, between Archangel, St. Petersburg, and the Scilly Islands, and between the said Islands and the City of Gibraltar—of ten weeks in the Mediterranean Sea, and of eight months in any other country or place in the world. So that the goods whether contraband or not, which were put on board any Ship belonging to an enemy as aforesaid before the war, or after the declaration of the same or of the general order for reprizals, within the times and limits above mentioned shall not be liable to confiscation, but shall be restored without delay to the proprietors demanding the same. Provided nevertheless that if the said Merchandizes be contraband, it shall not be any ways lawful to carry them after being so restored, to the ports belonging to the enemy—58

20th. 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 other 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 ship 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 or ^and^ instructions for regulating their conduct and further that in all cases of aggressions thereof, 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 be delivered gratis to the commander of the said vessel before the said sentence shall be executed— And this the said judge shall do on pain of forfeiting his commission—59

21st. When the Quality of the Ship Goods and Master shall sufficiently appear, from such passports and certificates, it shall not be lawful for the commanders of men of war or privateers, to exact any farther proof, under any pretext whatever. But if any merchant Ship shall not be provided with such passports or certificates, then it may be examined by a proper judge, but in such manner as, if it shall be found, from other proofs and documents, that it truly belongs to the subjects or citizens of one of the contracting parties, and does not contain any contraband goods designed to be carried to the enemy of the other, it shall not be liable to confiscation, but shall be released together with its cargo, in order to proceed on its voyage— If the master of the ship named in the passports, should happen to die, or be removed by any other cause, and another put in his place, the Ships and Goods laden thereon, shall nevertheless be equally secure, and the passport ^shall^ remain in full force—60

22d. 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 ports 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 factor’s 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 might have known that they had been piratically taken.61

It is likewise agreed and concluded 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—62

It is expressly stipulated that neither of the said contracting parties will order or authorize any acts of reprizal 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—63

Not only the merchant ships but also the ships of war of either of the contracting parties shall be hospitably received in the ports of the other, and their Officers shall be treated with that decorum and respect which friendly nations owe to each other. But the said officers as well as all others shall be amenable to the laws of the land, and shall take care so to govern and regulate the conduct of the men under their command, as that they behave peaceably and inoffensively;64 and particularly that a Habeas Corpus issued by the proper magistrate directed to any of the said officers, commanding him forthwith to bring any particular person duly described by his name or otherwise, before such magistrate, shall be punctually obeyed by such officer.—

And all magistrates duly authorized to issue such writs, on complaint that any subject or citizen of either of the said parties, other than the one to whom the said man of war belongs, hath been impressed and is unlawfully detained on board thereof, shall issue a Habeas Corpus to the officer having the command of the said man of war, and thereby order him to have such person or persons so said to have been impressed, before the said Magistrate, at a time and place therein to be specified, which writ shall be obeyed— And the said Magistrate shall then proceed to enquire into the merits of the case, and shall do therein as to him shall appear to be just and right, either remanding the said person or persons or persons, if the complaint be groundless, or discharging him, if it be well founded. And in the latter case, the said Officer shall deliver forthwith to the said person or persons, whatever arrears of wages may be due, and whatever Effects or Property he or they may have on board— All which shall be done uprightly and with good faith—65

23d. It shall not be lawful for any foreign Privateer,(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 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.66

It shall be lawful for the Ships of war and privateers belonging to the said parties respectively so far and so far only as shall not be repugnant to former treaties made in this respect with other sovereigns or states,67 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 whatever— 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 or take cognizance of the validity of such prizes, nor shall the said prizes be unladen or break bulk, but they shall 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. And further that while the said parties continue in amity, neither of them will in future make any Treaty that shall be inconsistant with this article—68

24th. 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 make full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels—69

If at any time a Rupture should take place (which God forbid) between His Majesty and the United States, the merchants and others of the two nations, residing in the dominions of the other, shall have the priviledge of remaining and continuing their trade therein 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 negociations for accomodating differences shall be depending, nor until the respective Ambassadors or Ministers 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 right 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—70

25th. 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, and that 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 born and defrayed by those who make the requisition and receive the fugitive—71

26th. It is agreed that the first Eight Articles of this Treaty shall be permanent And that all the subsequent articles shall be limited in their duration to twelve years, to be computed from the day on which this Treaty shall be ratified by the President of the United States by and with the advice and consent of the Senate thereof72 But whereas the tenth Article will expire by its own limitation at the end of two years from the signing the preliminary articles of the peace which are to terminate the present war in which his Majesty is engaged,73 It is agreed that proper measures shall by concert be seasonably 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 at ^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 Eight shall then cease and expire together.74