ARTICLE XIII. and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the proprietors thereof: and, in order to determine what characterizes a blockaded port, that denomination is given only to a port where there is, by the disposition of the power which attacks it with ships stationary or sufficiently near, an evident danger in entering. ARTICLE XIII. It is agreed that indemnity shall be made by his Britannic majesty to the citizens of the United States, for all losses and damages sustained by them during the late war between Great Britain and France, and prior to the commencement of the present war, by reason of irregular or illegal captures, seizures, or condemnations of vessels and other property, under colour of authority, contrary to the known and established rules of the law of nations. And it is also agreed, that indemnity shall be made, by each of the contracting parties, to the subjects or citizens of the other party, for all losses and damage sustained subsequent to the commencement of the present war, by reason of the seizure or condemnation of the vessels or cargoes, belonging to the subjects or citizens of the other party, which, in the ordinary course of commerce, happened, at the commencement of hostilities, to be in the ports of the other party; and by reason of the destruction of unfortified towns, and the pillage or destruction of private property, and the enticement and carrying away of negroes, contrary to the known and established rules and usages of war, between civilized nations. It is agreed that, for the purpose of determining the indemnities due by each contracting party, in conformity with the provisions of this article, commissioners shall be appointed, in the following manner, viz : one commissioner shall be named by his Britannic 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 in the choice of a third; or, if they cannot agree, they shall each propose one person, and of the two names so proposed, one shall be taken by lot, in the presence of the two original commissioners, and the three commissioners, thus appointed, shall be sworn and authorized and empowered, impartially, to examine into all such claims and complaints, and to determine the indemnities which may be justly due for the same. The said commissioners shall meet at and shall have pow er to adjourn to such other place or places as they shall think fit; they shall also have power to appoint a secretary, swear and examine witnesses, and have all assistance and facilities necessary to effect the object of their appointment. The award of the said commissioners, or a majority of them, shall, in all cases, be final and conclusive, both as to the justice of the claim and as to the amount of the sum to be paid to the claimant and claimants; and his Britannic majesty and the United States agree and undertake to cause the sums so awarded to ARTICLE XIV. ARTICLE XV, be due by them, respectively, to be paid in specie, to such claimant and claimants, without deduction, and at such place or places, time or times, as shall be awarded by the commissioners. ARTICLE XIV. It is also agreed, that no person or persons, residing within the dominions of one of the parties, who may have taken part with the other party in the war between Great Britain and the United States, shall, on that account, be prosecuted, molested, or annoyed, either in his person or property; and that all such persons disposed to remove into the dominions of the other party, shall be allowed the term of months, freely to sell their property, of every nature and description whatsoever, and to remove accordingly. ARTICLE XV. This treaty, when the same shall have been ratified on both sides, and the respective ratifications mutually exchanged, shall be binding on both parties, and the ratifica (1) Washington, with all practi- tions shall be exchanged at (1) cable despatch. (2) practicable. in the space of months from this day, or sooner if possible. (2) In faith whereof, we, the respective plenipotentiaries, have signed this treaty, and have thereunto affixed our seals. Done at Ghent, the day of one thousand eight hun dred and fourteen. True copy of the project submitted by the American to the British ministers, and also of the marginal changes, propositions, and remarks, made by the latter on returning their answer to the American ministers' note, communicating said project of a treaty. C. HUGHES, Jr. Secretary American Mission extraordinary. Draft of article to be inserted immediately after article 2d of the American project.* All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable, after the ratifications of this treaty shall have been exchanged, on their paying the debts which they may have contracted during their captivity. The two contracting parties respectively engage to discharge, in specie, the advances which may have been made by the other, for the sustenance and maintenance of such prisoners. American No. 7, in reply to British No. 7. GHENT, 30th Nov. 1814. The undersigned have had the honour to receive the note of the British plenipotentiaries of the 26th instant, together with their marginal alterations and suggestions, on the several articles of the project of a treaty of peace, proposed by the undersigned. The undersigned consent that the day of the exchange of ratifications be substituted to that of the signature of the treaty, as the time for the cessation of hostilities, and for regulating the periods after which prizes at sea shall be restored: it being understood that measures shall be adopted for a speedy exchange of ratifications, and that the periods in the second article shall be fixed in a manner corresponding with this alteration. The undersigned will also agree to the new article respecting prisoners, and to the mode of reference proposed by the British plenipotentiaries in the third, fourth, fifth, sixth, and seventh artieles, instead of that which had been proposed by the undersigned. But, in order to prevent delay, they will suggest that a time be fixed, within which the commissioners shall make their decisions and reports. The undersigned will decline insisting upon the 10th, 12th, and 14th articles, and upon so much of the 13th article as relates to indemnities for losses and damages sustained subsequent to the commencement of the present war. They wish to discuss the cases of vessels and property, in port when war was declared or known; and have the honour to enclose a copy of the provision made in that respect by the United States. They will also waive the residue of that (the 13th) article, and the 11th article, it being understood that the rights of both powers on the subject of seamen, and the claims of the citizens and subjects of the two contracting parties, to indemnities for losses and damages sustained prior to the commencement of the war, shall not be affected, or impaired, by the omission in the treaty of any specific provision with respect to those two subjects. * Proposed by the British ministers, In forbearing to insist upon the discussion of subjects deeply involving interests important to their country, and upon which the undersigned view the proposals offered by them for consideration as founded on principles the most moderate and conciliatory, they give the strongest evidence of the anxious wish of their government that the negotiation should be brought to a happy issue. Sincerely participating in the desire expressed by the British plenipotentiaries, of endeavouring to reconcile the pretensions of both governments on the few subjects remaining for discussion, the undersigned have also assented to most of the alterations. proposed by the British plenipotentiaries, to those parts of the project which they have not entirely rejected. To some of these alterations the undersigned are compelled by their duty to object. They have already stated, and now repeat, that, whilst requiring of Great Britain no sacrifice whatever, the government of the United States has not authorized the undersigned to agree to any stipulation involving any cession of the territory, or the dereliction of any of the essential rights of the people of the United States. The objections of the undersigned are to one of the alterations suggested by the British plenipotentiaries in the first article; to some parts of the preamble of the third article; and to the eighth article ;] and they have also some other verbal alterations to suggest. They request a conference, at such time and place as may suit the British plenipotentiaries, for the purpose of discussing those points, and of agreeing on the places and times left in blank in several of the articles. The undersigned renew to the British plenipotentiaries the assurance of their high consideration. To the Plenipotentiaries of his Britannic JOHN QUINCY ADAMS, HENRY CLAY, JONATHAN RUSSELL, majesty, &c. &c. &c. Extract of a law of the United States passed July 6th, 1812. "Sec. 6. And be it further enacted, That the President of the United States be, and he is hereby, authorized, to give, at any time, within six months after the passage of this act, passports for the safe transportation of any ship or other property belonging to British subjects, and which is now within the limits of the United States." British Note No. 8. The undersigned have the honour to acknowledge the receipt of the note addressed to them by the American plenipotentiaries, |