Twelfth article suspended. ADDITIONAL ARTICLE. It is further agreed between the said contracting parties, that the ope ration of so much of the twelfth article of the said treaty as respects the trade which his said Majesty thereby consents may be carried on May 4, 1796. between the United States and his islands in the West-Indies, in the manner and on the terms and conditions therein specified, shall be sus pended. EXPLANATORY ARTICLE. "Whereas by the third article of the treaty of amity, commerce and navigation, concluded at London, on the nineteenth day of November, one thousand seven hundred and ninety-four, between his Britannic Majesty and the United States of America, it was agreed that it should at all times be free to his Majesty's subjects and to the citizens of the United States, and also to the Indians dwelling on either side of the boundary line, assigned by the treaty of peace to the United States, freely to pass and repass by land or inland navigation, into the respective territories and countries of the two contracting parties, 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, subject to the provisions and limitations contained in the said article: And whereas by the eighth article of the treaty of peace and friendship concluded at Greenville, on the third day of August, one thousand seven hundred and ninety-five, between the United States and the nations or tribes of Indians, called the Wyandots, Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel-River, Weeas, Kickapoos, Piankashaws and Kaskaskias, it was stipulated that no person should be permitted to reside at any of the towns or hunting camps of the said Indian tribes, as a trader, who is not furnished with a licence for that purpose, under the authority of the United States: Which latter stipulation has excited doubts, whether in its operation it may not interfere with the due execution of the said third article of the treaty of amity, commerce and navigation: And it being the sincere desire of his Britannic Majesty and of the United States, that this point should be so explained, as to remove all doubts, and promote mutual satisfaction and friendship: And for this purpose, his Britannic Majesty having named for his commissioner, Phineas Bond, Esquire, his Majesty's Consul General for the middle and southern states of America, (and now his Majesty's Chargé d'Affaires to the United States) and the President of the United States having named for their commissioner, Timothy Pickering, Esquire, Secretary of State of the United States, to whom, agreeably to the laws of the United States, he has intrusted this negotiation; They, the said commissioners, having communicated to each other their full powers, have, in virtue of the same, and conformably to the spirit of the last article of the said treaty of amity, commerce and navigation, entered into this explanatory article, and do by these presents explicitly agree and declare, That no stipulations in any treaty subsequently concluded by either of the contracting parties with any other state or nation, or with any Indian tribe, can be understood to derogate in any manner from the rights of free intercourse and commerce, secured by the aforesaid third article of the treaty of amity, commerce and naviga tion, to the subjects of his Majesty and to the citizens of the United States, and to the Indians dwelling on either side of the boundary line. aforesaid; but that all the said persons shall remain at full liberty freely to pass and repass by land or inland navigation, into the respective territories and countries of the contracting parties, on either side of the said boundary line, and freely to carry on trade and commerce with each other, according to the stipulations of the said third article of the treaty of amity, commerce and navigation. This explanatory article, when the same shall have been ratified by his Majesty, and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mutually exchanged, shall be added to, and make a part of the said treaty of amity, commerce and navigation, and shall be permanently binding upon his Majesty and the United States. IN WITNESS whereof, we, the said Commissioners of his Majesty, the EXPLANATORY ARTICLE, to be added to the treaty of Amity, Com- March 15, 1798. merce and Navigation, between the United States and his Britannic Majesty. Whereas by the twenty-eighth Article of the Treaty of Amity, Commerce and Navigation, between his Britannic Majesty and the United States, signed at London the nineteenth day of November, one thousand seven hundred and ninety-four, it was agreed, that the contracting parties would from time to time, readily treat of and concerning such further articles, as might be proposed, that they would sincerely endeavour so to form such articles, as that they might conduce to mutual convenience, and tend to promote mutual satisfaction and friendship; and that such articles, after having been duly ratified, should be added to and make a part of that Treaty: And whereas difficulties have arisen with respect to the execution of so much of the Fifth Article of the said treaty, as requires that the commissioners, appointed under the same, should in their description particularize the latitude and longitude of the source of the river, which may be found to be the one truly intended in the treaty of peace between his Britannic Majesty and the United States, under the name of the river St. Croix, by reason whereof it is expedient, that the said commissioners should be released from the obligation of conforming to the provisions of the said article in this respect. The undersigned being respectively named by his Britannic Majesty and the United States of America, their plenipotentiaries for the purpose of treating of and concluding such articles as may be proper to be added to the said treaty, in conformity to the above-mentioned stipulation, and having communicated to each other their respective full powers, have agreed and concluded, and do hereby declare in the name of his Britannic Majesty and of the United States of America-That the commissioners appointed under the 5th article of the above-mentioned treaty shall not be obliged to particularize, in their description, the latitude and longitude of the source of the river, which may be found to be the one truly intended in the aforesaid treaty of peace, under the name of the river St. Croix, but they shall be at liberty to describe the said river, in such other manner, as they may judge expedient, which description shall be considered as a compleat execution of the duty required of the said commissioners in this respect by the article aforesaid. And to the end that no uncertainty may hereafter exist on this subject, it is further agreed, That as soon as may be after the decision of the said commissioners, measures shall be concerted beween the government of the United States and his Britannic Majesty's The commis. sioners under released from particularizing the latitude and source of the longitude of the river intended by the St. the 5th article Croix. A monument to be erected at the source of that river. This article to be a part of the governors or lieutenant governors in America, in order to erect and keep in repair a suitable monument at the place ascertained and described to be the source of the said river St. Croix, which measures shall immediately thereupon, and as often afterwards as may be requisite, be duly executed on both sides with punctuality and good faith. This explanatory article, when the same shall have been ratified by his Majesty and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mutually exchanged, shall be added to and make a part of the treaty of amity, commerce, and navigation between his Majesty and the United States, signed at London on the nineteenth day of November, one thousand seven hundred and ninety-four, and shall be permanently binding upon his Majesty and the United States. Signed, GRENVILLE, (L. S.) LETTER FROM THOMAS JEFFERSON TO GEORGE HAMMOND. SIR, Philadelphia, September 5, 1793. I am honored with yours of August 30. Mine of the 7th of that month assured you that measures were taken for excluding from all further asylum in our ports, vessels armed in them to cruise on nations with which we are at peace, and for the restoration of the prizes the Lovely Lass, Prince William Henry, and the Jane of Dublin; and that should the measures for restitution fail in their effect, the president considered it as incumbent on the United States to make compensation for the vessels. We are bound by our treaties with three of the belligerent nations, by all the means in our power, to protect and defend their vessels and effects in our ports, or waters, or on the seas near our shores, and to recover and restore the same to the right owners when taken from them. If all the means in our power are used, and fail in their effect, we are not bound by our treaties with those nations to make compensation. Though we have no similar treaty with Great Britain, it was the opinion of the president, that we should use towards that nation the same rule, which, under this article, was to govern us with the other nations; and even to extend it to captures made on the high seas, and brought into our ports; if done by vessels which had been armed within them. Having, for particular reasons, forbore to use all the means in our power for the restitution of the three vessels mentioned in my letter of August 7th, the president thought it incumbent on the United States to make compensation for them: And though nothing was said in that letter of other vessels taken under like circumstances, and brought in after the 5th of June, and before the date of that letter, yet when the same forbearance had taken place, it was and is his opinion, that compensation would be equally due. As to prizes made under the same circumstances, and brought in after the date of that letter, the president determined, that all the means in our power should be used for their restitution. If these fail, as we should not be bound by our treaties to make compensation to the other powers in the analogous case, he did not mean to give an opinion that it ought to be done to Great Britain. But still, if any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the president would think compensation equally incumbent on the United States. Instructions are given to the governors of the different states, to use all the means in their power for restoring prizes of this last description found within their ports. Though they will, of course, take measures to be informed of them, and the general government has given them the aid of the custom house officers for this purpose, yet you will be sensible of the importance of multiplying the channels of their information as far as shall depend on yourself, or any person under your direction, in order that the governors may use the means in their power for making restitution. Without knowledge of the capture they cannot restore it. It will always be best to give the notice to them directly; but any information which you shall be pleased to send to me, also, at any time, shall be forwarded to them as quickly as distance will permit. Hence you will perceive, sir, that the president contemplates restitution or compensation in the case before the 7th of August; and after that date, restitution if it can be effected by any means in our power. And that it will be important that you should substantiate the fact, that such prizes are in our ports or waters. Your list of the privateers illicitly armed in our ports, is, I believe, correct. With respect to losses by detention, waste, spoliation sustained by vessels taken as beforementioned, between the dates of June 5th and August 7th, it is proposed as a provisional measure, that the collector of the customs of the district, and the British consul, or any other person you please, shall appoint persons to establish the value of the vessel and cargo, at the time of her capture and of her arrival in the port into which she is brought, according to their value in that port. If this shall be agreeable to you, and you will be pleased to signify it to me, with the names of the prizes understood to be of this description, instructions will be given accordingly, to the collector of the customs where the respective vessels are. I have the honor to be, &c. George Hammond, esq. THOMAS JEFFERSON. A TREATY OF PEACE AND AMITY Between the Dey of Algiers and the United States of America. (a) A TREATY OF PEACE AND AMITY Concluded this present day I-ima artasi, the twenty-first of the Sept. 5, 1795. Luna safer, year of the Hegira 1210, corresponding with Saturday the fifth of September, one thousand seven hundred and ninety-five, between Hassan Bashaw, Dey of Algiers, his Divan and Subjects, and George Washington, President of the United States of North-America, and the Citizens of the said United States. ARTICLE I. Peace esta FROM the date of the present treaty, there shall subsist a firm and sincere peace and amity between the President and citizens of the blished. United States of North-America, and Hassan Bashaw, Dey of Algiers, his Divan and subjects; the vessels and subjects of both nations reciprocally treating each other with civility, honor and respect. ARTICLE II. All vessels belonging to the citizens of the United States of NorthAmerica, shall be permitted to enter the different ports of the Regency, to trade with our subjects, or any other persons residing within our jurisdiction, on paying the usual duties at our custom-house that is paid by all nations at peace with this Regency; observing that all goods disembarked and not sold here shall be permitted to be reimbarked without paying any duty whatever, either for disembarking or embarking. All naval and military stores, such as gunpowder, lead, iron, plank, sulphur, timber for building, tar, pitch, rosin, turpentine, and any other goods denominated naval and military stores, shall be permitted to be sold in this Regency, without paying any duties whatever at the customhouse of this Regency. ARTICLE III. The vessels of both nations shall pass each other without any impediment or molestation; and all goods, monies or passengers, of whatsoever nation, that may be on board of the vessels belonging to either party, shall be considered as inviolable, and shall be allowed to pass unmolested. ARTICLE IV. All ships of war belonging to this Regency, on meeting with merchant-vessels belonging to citizens of the United States, shall be allowed to visit them with two persons only beside the rowers; these two only M (133) How pass ports of vessels and ships of war shall be examined, and to whom to be granted. No Algerine cruiser may take any person out of a vessel of the U. S. Vessels of U. S stranded to be relieved. Algerines not to sell vessels of war to the enemies of U. States. When pass. port is not necessary. Other Barbary states not to be allowed to sell prizes in Algiers. U. S. may send prizes into the ports of the Regency. How ships of war of U. S. shall be treated in the ports of the Regency. permitted to go on board said vessel, without obtaining express leave from the commander of said vessel, who shall compare the passport, and immediately permit said vessel to proceed on her voyage unmolested. All ships of war belonging to the United States of North America, on meeting with an Algerine cruiser, and shall have seen her passport and certificate from the Consul of the United States of North America, resident in this Regency, shall be permitted to proceed on her cruise unmolested: no passport to be issued to any ships but such as are absolutely the property of citizens of the United States: and eighteen months shall be the term allowed for furnishing the ships of the United States with passports. ARTICLE V. No commander of any cruiser belonging to this regency, shall be allowed to take any person, of whatever nation or denomination, out of any vessel belonging to the United States of North-America, in order to examine them, or under pretence of making them confess any thing desired; neither shall they inflict any corporal punishment, or any way else molest them. ARTICLE VI. If any vessel belonging to the United States of North-America, shall be stranded on the coast of this Regency, they shall receive every possible assistance from the subjects of this Regency: all goods saved from the wreck shall be permitted to be reimbarked on board of any other vessel, without paying any duties at the custom house. ARTICLE VII. The Algerines are not, on any pretence whatever, to give or sell any vessel of war to any nation at war with the United States of NorthAmerica, or any vessel capable of cruising to the detriment of the commerce of the United States. ARTICLE VIII. Any citizen of the United States of North-America, having bought any prize condemned by the Algerines, shall not be again captured by the cruisers of the regency then at sea, although they have not a passport; a certificate from the consul resident being deemed sufficient, until such time they can procure such passport. ARTICLE IX. If any of the Barbary states at war with the United States of NorthAmerica, shall capture any American vessel and bring her into any of the ports of this Regency, they shall not be permitted to sell her, but shall depart the port on procuring the requisite supplies of provision. ARTICLE X. Any vessel belonging to the United States of North-America, when at war with any other nation, shall be permitted to send their prizes into the ports of the Regency, have leave to dispose of them, without paying any duties on sale thereof. All vessels wanting provisions or refreshments, shall be permitted to buy them at market price. ARTICLE XI. All ships of war belonging to the United States of North-America, on anchoring in the ports of the Regency, shall receive the usual presents of provisions and refreshments, gratis. Should any of the slaves of this regency make their escape on board said vessels, they shall be imme |