ARTICLE IX. The United States of America engage to put an end, immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom they may be at war at the time of such ratification, and forthwith to restore to such tribes or nations, respectively, all the possessions, rights, and privileges, which they may have enjoyed or been entitled to in 1811, previous to such hostilities.

Provided always, that such tribes or nations shall agree to desist from all hostilities against the United States of America, their citizens and subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly.

And his Britannic majesty engages on his part, to put an end, immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom he may be at war at the time of such ratification, and forthwith to restore to such tribes, or nations, respectively, all the possessions, rights, and privileges, which they may have enjoyed or been entitled to in 1811, previous to such hostilities.

Provided always, that such tribes or nations shall agree to desist from all hostilities against his Britannic majesty and his subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly.

ARTICLE X. His Britannic majesty and the United States shall, by all the means in their power, restrain the Indians living within their respective dominions frem committing hostilities against the territory, citizens, or subjects, of the other party and both powers also agree and mutually pledge themselves, if at any time war should unhappily break out between them, not to employ any Indians, nor to admit of their aid and co-operation in the prosecution of the war against the other party.

ARTICLE XI. Each party shall effectually exclude from its naval and commercial service all seamen, seafaring, or other persons, subjects or citizens of the other party, not naturalized by the respective governments of the two parties, before the

day of

; seamen or other persons, subjects of either party, who shall desert from public or private ships or vessels, shall, when found within the jurisdiction of the other party, be surrendered, provided they be demanded within from the time of their desertion.

No person whatever shall, upon the high seas, and without the jurisdiction of either party, be demanded or taken out of any ship or vessel, belonging to subjects or citizens of any of the parties, by the public or private armed ships or vessels belonging to, or in the service of, the other, unless such person be, at the time, in the actual employment of an enemy of such other party. This article shall continue in force for the term of years. Nothing in this article contained shall be construed thereafter to affect or impair the rights of either party.

ARTICLE XII. If either of the contracting parties shall hereafter be engaged in war against any third power, to which war the other of the parties shall remain neutral, it is agreed that every vessel of the neutral party, sailing for a port or place belonging to the enemy of the belligerent, without knowing that the same is besieged, blockaded, or invested, may be turned away from such port or place, but shall not be detained, nor her cargo, if not contraband, be confiscated, unless, after such 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, 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 returned 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 damages 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 one 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 power 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 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 ratification shall be exchanged atmonths from this day,

or sooner, if possible.

in the space of

In faith whereof, we, the respective plenipotentiaries, have signed this treaty, and have thereunto affixed our seals, Done at Ghent, the day of

dred and fourteen.

British Note, No. 7.

one thousand eight hun

The undersigned have had the honour to receive the note and project of a treaty of peace presented by the American plenipotentiaries on the 10th instant.

The undersigned are of opinion that the most convenient course for them to adopt will be to return this project with their marginal alterations and suggestions on the several articles of which it is composed. The existing differences between the two governments will thus be brought more immediately in view, and it is hoped that, by confining the discussions to one project, the negotiations. may sooner be brought to a favourable conclusion. The first part

of the 10th article appears to be unnecessary, and the stipulation contained in the whole of it altogether inadmissible. Though his majesty's government sincerely hopes that a renewal of the war between his majesty and the United States may be far distant, yet the undersigned cannot consent to enter into any engagement as to what shall be the conduct of their government, if such a war should unfortunately occur.

With respect to the 11th and 12th articles, his majesty's government has strongly manifested its sincere disposition to the speedy restoration of peace, by agreeing, under all the present circumstances, to conclude the treaty without any stipulation on the points to which these articles relate. No advantage can arise from entering into discussions, upon a successful result of which the American plenipotentiaries have stated, more than once, that they will not make the conclusion of the peace at all to depend.

With respect to the 13th article, the indemnifications proposed by it, as applied to the actual circumstances of the war, are so unprecedented and objectionable, that any further perseverance of the American plenipotentiaries in requiring them, is not anticipated by the undersigned: if, however, contrary to expectation, indemnifications of this kind should be required, all hope of bringing the nogotiations to a favourable issue must prove abortive. The undersigned are instructed explicitly to declare, that as their government makes no claim on account of losses sustained by British subjects arising out of a war declared by the United States, so neither can their government agree to make compensation for losses, sustained in such a war by the American people.

The undersigned are, however, willing to agree to a stipulation by which it shall be provided, that the courts of justice in each country shall be open to the just demands of the respective people, and that no obstruction be thrown in the way of their recovery of the rights, claims, or debts, of any kind respectively due or belonging to them.

With respect to the 14th article, the undersigned do not concur in the necessity for any such stipulation as is there proposed.

The undersigned think proper to add, that, with respect to particular alterations suggested by them in various articles of the project, they are ready to enter into such explanations as may be required of them, with the sincere desire of endeavouring to reconcile the pretensions brought forward on the part of their respective governments.

The undersigned have forborne to insist upon the basis of uti possidetis, to the advantage of which they consider their country fully entitled. But should this negotiation terminate in a way contrary to their hopes and just expectations, they must protest against any claim or demand being urged by the American government in any future negotiation, in consequence of the facilities which his majesty's government have now shown themselves willing to afford to the speedy restoration of peace.

The undersigned avail themselves of the present opportunity to renew to the plenipotentiaries of the United States the assurances of their high consideration.

Ghent, November 26th, 1814.

GAMBIER,

HENRY GOULDBURN,
WILLIAM ADAMS.

Project of a Treaty, as returned by the British to the American Pleni-. potentiaries, 26th November, 1814.

Treaty of Peace and Amity, between his Britannic Majesty, and the United States of America.

The following marginal remarks and alterations were made and proposed by the British plenipotentiaries.

Note. It is proposed to omit altogether the words that are underlined.

ARTICLE 1.

(1) places or

(2) after the exchange of the ratifications as herein after mentioned.

*It is thought more advisable

His Britannic majesty and the United States of America, desirous of terminating the war which has unhappily subsisted between the two countries, and of restoring, upon principles of perfect reciprocity, peace, friendship, and good understanding, between them, have, for that purpose, appointed their respective plenipotentiaries, that is to say, his Britannic majesty on his part has appointed the right honourable James lord Gambier, admiral of the White Squadron, of his majesty's fleet, Henry Goulburn, esq. a member of the Imperial Parliament, and under Secretary of State, and William Adams, esq. Doctor of Civil Laws; and the President ofthe United States, by and with advice and consent of the Senate thereof, has appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, citizens of the United States, who, after a reciprocal communication of their respective full powers, have agreed upon the following articles.

ARTICLE I. There shall be a firm and universal peace between his Britannic majesty and the United States and between their respective countries, territories, cities, towns, and people, of every degree, without exception of (1) persons or places. All hostilities, both by sea and land, shall immediately cease. (2) All prisoners on both sides shall be set at liberty. All territory, places, and possessions, without excep

*