1826. November 13. Preamble. Object of this Mr. Gallatin A No. 10. Convention awarding the amount of Indemnification under the St. Petersburg Convention. By the President of the United States of America. A Proclamation. Whereas a convention between the United States of America, and his Majesty the King of the United Kingdom of Great Britain and Ireland, was concluded and signed at London, on the thirteenth day of November, in the year of our Lord one thousand eight hundred and twenty-six, which convention is, word for word, as follows: Difficulties having arisen in the execution of the convention concluded at St. Petersburg, on the twelfth day of July, 1822, under the mediation of his Majesty the Emperor of all the Russias, between the United States of America and Great Britain, for the purpose of carrying into effect the decision of his Imperial Majesty upon the differences which had arisen between the said United States and Great Britain, on the true construction and meaning of the first article of the treaty of peace and amity, concluded at Ghent on the twenty-fourth day of December, 1814, the said United States and his Britannic Majesty, being equally desirous to obviate such difficulties, have respectively named Plenipotentiaries to treat and agree respecting the same; that is to say: The President of the United States of America has appointmerican negoti- ed Albert Gallatin, their Envoy Extraordinary and Minister Plenipotentiary to his Britannic Majesty: ator. William Huskisson & H. U. And his Majesty the King of the United Kingdom of Great Addington, Bri-Britain and Ireland, the Right Honorable William Huskistish negotiators son, a member of his said Majesty's most Honorable Privy Council, a member of Parliament, president of the committee of Privy Council for affairs of trade and foreign plantations, and treasurer of his said Majesty's Navy, and Henry Unwin Addington, Esquire, late his Majesty's Chargé d'Affaires to the United States of America: Who, after having communicated to each other their respective full powers, found to be in due and proper form, have agreed upon, and concluded the following articles: ART. 1. His Majesty the King of the United Kingdom of Great Britain and Ireland agrees to pay, and the United States of America agree to receive, for the use of the persons entitled to indemnification and compensation by virtue of the said decision and convention, the sum of twelve hundred and $1,240,960 to be four thousand nine hundred and sixty dollars, current money paid in full for indemnification of the United States, in lieu of, and in full and complete sa 1826. tisfaction for, all sums claimed or claimable from Great Britain, by any person or persons whatsoever, under the said November 13. decision and convention. celled. ART. 2. The object of the said convention being thus ful- Convention can filled, that convention is hereby declared to be cancelled and annulled, save and except the second article of the same, which has already been carried into execution by the commissioners appointed under the said convention, and save and except so much of the third article of the same, as relates to the definitive list of claims, and has already likewise been carried into execution by the said commissioners. ART. 3. The said sum of twelve hundred and four thousand The sum of nine hundred and sixty dollars shall be paid at Washington two equal pay$1,240,960, in to such person or persons as shall be duly authorized, on the ments. part of the United States, to receive the same, in two equal payments as follows: The payment of the first half to be made twenty days after First payment official notification shall have been made, by the government in 20 days. of the United States, to his Britannic majesty's minister in the said United States, of the ratification of the present convention by the president of the United States, by and with the advice and consent of the senate thereof. And the payment of the second half to be made on the first And the last on day of August, 1827. Aug. 1, 1827. ART 4. The above sums being taken as a full and final liquidation of all claims whatsoever arising under the said decision and convention, both the final adjustment of those Final adjustclaims, and the distribution of the sums so paid by Great Bri- ment. tain to the United States, shall be made in such manner as the United States alone shall determine; and the government of Great Britain shall have no further concern or liability therein. up. ART. 5. It is agreed, that, from the date of the exchange Documents, &c of the ratifications of the present convention, the joint com- to be delivered mission appointed under the said convention of St. Petersburg, of the twelfth of July, 1822, shall be dissolved, and, upon the dissolution thereof, all the documents and papers in possession of the said commission, relating to claims under that convention shall be delivered over to such person or persons as shall be duly authorized, on the part of the United States, to receive the same. And the British commissioner shall make over to such person or persons, so authorized, all the documents and papers (or authenticated copies of the same, where the originals cannot conveniently be made over,) relating to 1826. claims under the said convention, which he may have receivNovember 13. ed from his government for the use of the said commission, conformably to the stipulations contained in the third article of the said convention. Ratification in six months. ART. 6. The present convention shall be ratified, and the ratifications shall be exchanged in London, in six months from this date, or sooner, if possible. In witness whereof, the plenipotentiaries aforesaid, by vir- [L. S.] ALBERT GALLATIN, And whereas the said convention has been duly ratified, on both parts, and the respective ratifications of the same were exchanged at London on the sixth day of February last, by ALBERT GALLATIN, envoy extraordinary and minister plenipotentiary of the United States of America, and HENRY UNWIN ADDINGTON, Esq. late his Britannic Majesty's Charge d'Affaires to the said United States, on the part of their respective governments. Now, therefore, be it known, That I, JOHN QUINCY ADAMS, President of the United States, have caused the said convention to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith, by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the City of Washington, this nineteenth day of March, in the year [L. S.] of our Lord one thousand eight hundred and twenty-seven, and of the Independence of the United States the fifty-first. By the President: H. CLAY, Secretary of State. JOHN QUINCY ADAMS. 1817. No. 11.-Declaration of the Commissioners under the Fourth November 24. Article of the Treaty of Ghent. NEW YORK, 24th November, 1817. the commission ers accompany sion. SIR, The undersigned commissioners, appointed by virtue Declaration of of the fourth article of the treaty of Ghent, have attended to the duties assigned them; and have decided that Moose Island, ing their deeiDudley Island, and Frederick Island, in the Bay of Passamaquoddy, which is part of the Bay of Fundy, do each of them belong to the United States of America, and that all the other islands in the Bay of Passamaquoddy, and the Island of Grand Menan, in the Bay of Fundy, do each of them belong to his Britannic majesty, in conformity with the true intent of the second article of the treaty of peace of one thousand seven hundred and eighty-three. The commissioners have the honor to enclose herewith their decision. In making this decision, it became necessary that each of Each of the Commissioners the commissioners should yield a part of his individual opi- has yielded a nion: several reasons induced them to adopt this measure; part of his individual opinion, one of which was the impression and belief that the naviga- &c. ble waters of the Bay of Passamaquoddy, which, by the treaty of Ghent, is said to be part of the Bay of Fundy, are common to both parties for the purpose of all lawful and direct communication with their own territories and foreign ports. The undersigned have the honor to be, Your obedient and humble servants, J. HOLMES, THO: BARCLAY. The Hon. JOHN QUINCY ADAMS, Secretary of State. 1817. November 24. No. 12.-Decision of the Commissioners under the Fourth Article of the Treaty of Ghent. Commissioners treaty of Ghent. Nov. 1817. Decision of the By Thomas Barclay and John Holmes, esquires, commisunder the 4th sioners, appointed by virtue of the fourth article of the treaty article of the of peace and amity between his Britannic majesty and the New York, 24 United States of America, concluded at Ghent, on the twentyfourth day of December, one thousand eight hundred and *See the treaty fourteen,* to decide to which of the two contracting parties page 268. to the said treaty, the several islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the island of Grand Menan, in the said Bay of Fundy, do respectively belong, in conformity with the true intent of the second article of the treaty of peace of one thousand seven hundred and eighty-three, between his said Britannic majesty and the aforesaid United States of Americat. +See the treaty, page 237. We, the said Thomas Barclay and John Holmes, commissioners as aforesaid, having been duly sworn impartially to examine and decide upon the said claims, according to such evidence as should be laid before us on the part of his Britannic majesty and the United States, respectively, have decided, Moose Island, and do decide, that Moose Island, Dudley Island, and Frede&c. belong to rick Island, in the Bay of Passamaquoddy; which is part of the Bay of Fundy, do, and each of them does, belong to the Other Islands, United States of America: and we have also decided, and do belong to Great decide, that all the other islands, and each and every of them, Britain. the U. States. in the said Bay of Passamaquoddy, which is part of the Bay of Fundy, and the Island of Grand Menan, in the said Bay of Fundy, do belong to his said Britannic majesty, in conformity with the true intent of the said second article of said treaty of one thousand seven hundred and eighty-three. In faith and testimony whereof, we have set our hands and JOHN HOLMES, [SEAL Witness-JAMES T. AUSTIN, Agent U. S. A. ANTHONY BARCLAY, Secretary. |