1783

ment on such charges, at the time of the ratification of the treaty in America, shall be immediately set at liberty, and September 3. the prosecutions so commenced be discontinued.

ART. 7. There shall be a firm and perpetual peace between A firm and perhis Britannic majesty and the said states and between the sub-petual peace. jects of the one and the citizens of the other, wherefore all Hostilities to hostilities both by sea and land shall then immediately cease: cease.

to be withdrawn

all prisoners on both sides shall be set at liberty, and his Bri- Prisoners to be tannic majesty shall, with all convenient speed, and without released, &c. causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, Armies & fleets garrisons, and fleets, from the said United States, and from from the U. S. every port, place, and harbor within the same; leaving in all fortifications the American artillery that may be therein; and Artillery to reshall also order and cause all archives, records, deeds, and main. papers, belonging to any of the said states, or their citizens, Archives, rewhich in the course of the war may have fallen into the hands cords, &c. to be of his officers, to be forthwith restored and delivered to the proper states and persons to whom they belong.

restored.

of the Missis

ART. 8. The navigation of the river Mississippi, from its The navigation source to the ocean, shall forever remain free and open to the sippi to be free subjects of Great Britain, and the citizens of the United to both nations. States.

ART. 9. In case it should so happen that any place or ter- Conquests on ritory belonging to Great Britain or to the United States should fore the arrival either side, behave been conquered by the arms of either from the other, be- of these articles fore the arrival of the said provisional articles in America, it be restored. in America, to is agreed, that the same shall be restored without difficulty, and without requiring any compensation.

ART. 10. The solemn ratifications of the present treaty, Ratifications to expedited in good and due form, shall be exchanged between six months. be exchanged in the contracting parties, in the space of six months, or sooner if possible, to be computed from the day of the signature of the present treaty. In witness whereof, we, the undersigned, their ministers plenipotentiary, have, in their name, and in virtue of our full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be affixed thereto.

of

Done at Paris, this third day of September, in the year our Lord one thousand seven hundred and eighty-three.

1794. November 19.

States and G.

Britain.

navigation to be

neficial.

No. 4.-Treaty of amity, commerce, and navigation, between his Britannic majesty and the United States of America, by their president, with the advice and consent of their senate.

Treaty of amiHis Britannic majesty and the United States of America, ty, commerce, and navigation, being desirous, by a treaty of amity, commerce and navigation, between the U 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 Commerce and the commerce and navigation between their respective counreciprocally be tries, 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 Britannic majesty has named for his plenipotentiary, the right honorable 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 honorable 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:

Firm and inviolable peace.

Great Britain to withdraw her

troops from cer

1st June, 1796.

ART. 1. There shall be a firm, inviolable, and universal peace, and 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 of every degree, without exception of persons or places.

ART. 2. His majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigntain posts with- ed by the treaty of peace to the United States. This evacuain the boundary line of the U. S. tion shall take place on or before the first day of June, one on or before the 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 meantime, at their discretion, extending their settlements to any part within the said boundary line, except within the precints or jurisdiction of any of

1794. November 19,

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 pro- Settlers & tratected therein. They shall be at full liberty to remain there, ters residing in or to remove with all or any part of their effects; and it shall the precincts of also be free to them to sell their lands, houses, or effects, or surrendered, to the posts to be to retain the property thereof, at their discretion; such of them enjoy their proas shall continue to reside within the said boundary lines, ted, &c. perty unmolesshall not be compelled to become citizens of the United States, These settlers or to take any oath of allegiance to the government thereof; not to be combut they shall be at full liberty so to do if they think proper, come citizens of pelled to and they shall make and declare their election within one year nor to take the the U. States, after the evacuation aforesaid. And all persons who shall oath of allegi continue there after the expiration of the said year, without having declared their intention of remaining subjects of his Britannic majesty, shall be considered as having elected to become citizens of the United States.

ance, &c.

be

zens and sub

America; the

ART. 3. It is agreed that it shall at all times be free to his Freedom of inmajesty's subjects, and to the citizens of the United States, and tercourse and also to the Indians dwelling on either side of the said boundary allowed to citítrade mutually line, freely to pass and repass, by land, or inland navigation, jects of the two into the respective territories and countries of the two parties, parties, and to on the continent of America, (the country within the limits the continent of the Indians, on of the Hudson's bay company only excepted,) and to navigate limits of Hudall the lakes, rivers, and waters thereof, and freely to carry son's bay comon trade and commerce with each other. But it is understood, pany excepted. that this article does not extend to the admission of vessels of the United States into the seaports, harbors, bays, or creeks of his majesty's said territories; nor into such parts of the Exceptions as rivers in his majesty's said territories as are between the mouth to theadmission thereof and the highest port of entry from the sea, except in small vessels trading bonâ 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, accord- The river Mising to the treaty of peace, be entirely open to both parties; and sissippi to be it is further agreed, that all the ports and places on its eastern parties. 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.

of vessels of

either party.

open to both

All goods and merchandise whose importation into his ma- Goods and mer jesty's said territories in America, shall not be entirely pro- chandise not

1794.

the territories

of each party,

&c.

hibited, may freely, for the purposes of commerce, be carNovember 19. ried into the same in the manner aforesaid, by the citizens of the United States, and such goods and merchandise shall be wholly prohibited, mutually subject to no higher or other duties than would be payable by admitted into his majesty's subjects on the importation of the same from Europe into the said territories. And in like manner, all goods and merchandise 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 merchandise 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 afosesaid

No duty of entry to be levied on peltries bro't by land, &c.

No higher or

to be demand

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 bonâ fide to Indians.

No higher or other tolls or rates of ferriage than what are or other tolls, &c. shall be payable by natives, shall be demanded on either side; ed than are pay and no duties shall be payable on any goods which shall mereable by natives, on either side.' ly 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 favorable to friendship and good neighborhood, 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.

a

1794.

made from one

the falls of St.

ces of that river

ART. 4. Whereas it is uncertain whether the river Mississippi extends so far to the northward, as to be intersected by November 19. aline to be drawn due west from the Lake of the Woods, in the manner mentioned in the treaty of peace between his majesty of the MissisA joint survey and the United States; it is agreed, that measures shall be sippi to be taken in concert between his majesty's government in Ame degree below rica, and the government of the United States, for making Anthony to the joint survey of the said river from one degree of latitude below principal sourthe falls of St Anthony, to the principal source or sources of to ascertain the said river, and also of the parts adjacent thereto; and that whether a line if, on the result of such survey, it should appear that the said from the lake of river would not be intersected by such a line as is abovemen- the Woods will tioned, the two parties will thereupon proceed, by amicable Mississippi, &c 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.

drawn due west

intersect the

ART. 5. Whereas doubts have arisen what river was truly Commissioners intended under the name of the river St. Croix, mentioned in to be appointed to identify the 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:

river St. Croix, designated in the definitive treaty of peace, as forming part of the boundary line of the U. S.

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 same 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 The commiscommissioners shall, by a declaration, under their hands and a particular and seals, decide what river is the river St. Croix, intended by the descriptive detreaty. The said declaration shall contain a description of the the identity of said river, and shall particularize the latitude and longitude of Croix, and their its mouth and of its source. Duplicates of this declaration decision to be and of the statements of their accounts, and of the journal of

sioners to make

claration as to

the river St.

final.