GREAT BRITAIN, 1794. ARTICLE I. Declaration of amity. ARTICLE II.-Withdrawal of British forces. ARTICLE III. (Commerce and navigation.)-It is stipulated by this article that commerce by land, and inland navigation between the two countries in America, shall be free. But this agreement does not extend to the admission of vessels into the seaports, harbors, bays or creeks of the two nations; nor to rivers below the highest port of entry. "The river Mississippi shall, however, according to the treaty of peace, be entirely open to both parties." Further, there are to be no discriminating duties on account of nationality. ARTICLE IV. (Survey of the Mississippi.)-" Whereas it is uncertain whether the river Mississippi extends so far to the northward as to be intersected by a line to be drawn due west from the Lake of the Woods, in the manner mentioned in the treaty; and in respect to the withdrawal of troops, that it had been delayed on account of the failure of the United States to carry out the provisions of the treaty in respect of British debts (Article IV). and the confiscation of the property of Tories (Articles V. and VI.) Some of the States had passed laws impeding the collection of these debts, and confirming the confiscation which had been made. Under the Confederation, treaties were not the "law of the land," and were not binding upon the States. But under the Constitution this defect was remedied, and the British creditor could go into the federal courts and collect his debt in spite of any adverse law of a State. (The case of Ware v. Hylton.) Other causes of complaint on the part of the United States were the impressment of American seamen, and the alleged inciting of Indians to hostilities against the United States. When the war broke out between England and France, in 1793, a new cause of dispute arose from the action of the first-named State in detaining American produce bound for France. In this critical state of affairs, Washington decided to make a final attempt at a peaceable solution of the difficulties. To this end Chief Justice JAY was commissioned as envoy extraordinary for the purpose of negotiating a treaty with England (April 19, 1794). Besides the subjects of dispute mentioned above, there were others growing out of a difference of interpretation of the 2d article of the treaty of peace respecting boundaries. treaty of peace between His Majesty and the United States; it is agreed that measures shall be taken in concert between His Majesty's Government in America and the Government of the United States, for making a joint survey of the said river from one degree of latitude below the falls of St. Anthony, to the principal source or sources of the said river, and also of the parts adjacent thereto; and that if, on the result of such survey, it should appear that the said river would not be intersected by such a line as is above mentioned, the two parties will thereupon proceed, by amicable 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." ARTICLE V.-Provides for the appointment of three commissioners to determine the St. Croix river. ARTICLE VI.—(British creditors.)—" Whereas it is alleged by divers British merchants and others, His Majesty's subjects, that debts, to a considerable amount, which were bona fide contracted before the peace, still remain owing to them by citizens or inhabitants of the United States, and that by the operation of various lawful impediments since the peace, not only the full recovery of the said debts has been delayed, but also the value and security thereof have been, in several instances impaired and lessened," etc. For the purpose of ascertaining the amount of any such losses and damages, five commissioners were to be appointed to adjudicate upon these debts. Two of these commissioners to be appointed by Great Britian, two by the United States, and the fifth by the unanimous voice of the other four. ARTICLE VII.-(American claims.)-Provides for a board of five commissioners to ascertain and adjudicate upon the claims of American citizens for losses by illegal captures by British cruisers during the war then going on. "ARTICLE VIII.-Stipulation in respect of the expenses of commissioners mentioned in the preceding articles. ARTICLE IX.-No discrimination in land tenures. ARTICLE X.-(Debts and moneys not to be confiscated in time of war.)" Neither the debts due from individuals of the one nation to individuals of the other, nor shares, nor monies, which they may have in the public funds, or in the public or private banks shall ever in any event of war or national differences be sequestrated or confiscated, it being unjust and impolitic that debts and engagements contracted and made by individuals, having confidence in each other and in their respective Governments, should ever be destroyed or impaired by national authority on account of national differences and discontents." ARTICLE XII.-(Trade with the British West Indies.)United States citizens are permitted to carry to the British West Indies, in their own vessels, not being above the burthen of seventy tons, goods, being of the growth, manufacture or produce of the United States, which it is lawful to carry to those islands from the said States in British vessels. United And in the same manner the citizens of the States may carry away in their said vessels to the United State such articles, being of the growth, manufacture or produce of said islands, as may be carried thence in British vessels. "Provided always, that the said American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared that, during the continuance of this article, the United States will prohibit and restrain the carrying any molasses, sugar, coffee, cocoa or cotton in American vessels, either from His Majesty's islands or from the United States to any part of the world except the United States, reasonable sea-stores excepted. Provided, also, that it shall and may be lawful, during the same period, for British vessels to import from the said islands into the United States, and to export from the United States to the said islands, all articles whatever, being of the growth, produce or manufacture of the said. islands, or of the United States respectively, which now may, by the laws of the said States, be so imported and exported. And that the cargoes of the said British vessels shall be subject to no other or higher duties or charges, than shall be payable on the same articles if so imported or exported in American vessels. "It is agreed that this article, and every matter and thing therein contained, shall continue to be in force during the continuance of the war in which His Majesty is now engaged; and also for two years from and after the date of the signature of the preliminary or other articles of peace, by which the same may be terminated." ARTICLE XIII.-(East India Trade.)-Vessels of the United States are permitted by this article to trade with the British East Indies, without any discriminating tonnage duties, or other duties, provided that they shall not carry any article exported from the said territories "to any port or place except to some port or place in America. " ARTICLE XIV.-(Trade with the British dominions in Europe.) -With the British dominions in Europe, there is to be entire freedom of commerce and navigation, with no discriminating duties of any kind. ARTICLE XVI.-(Consuls.)-Consuls may be appointed for the protection of trade; but they shall be amenable to the laws of their place of residence. ARTICLE XVII.-Relates to captures or detentions of neutral vessels. ARTICLE XVIII.-(Contraband.)-" In order to regulate what is in future to be esteemed contraband of war, it is agreed that under the said denomination shall be comprised all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenades, carcasses, saucisses, carriages for cannon, musket-rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, head-pieces, cuirasses, halberts, lances, javelins, horse-furniture, holsters, belts, and generally all other implements of war, as also timber for ship-building, tar or rozin, copper in sheets, sails, hemp, and cordage, and generally whatever may serve directly to the equipment of vessels, unwrought iron and fir planks only excepted; and all the above articles are hereby declared to be just objects of confiscation whenever they are attempted to be carried to an enemy. "And whereas the difficulty of agreeing on the precise cases in which alone provisions and other articles not generally contraband may be regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise: It is further agreed that whenever any such articles so becoming contraband, according to the existing laws of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or, in their default, the Government under whose authority they act, shall pay to the masters or owners of such vessels the full value of all such articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention." ARTICLE XIX.-Regulations for the protection of citizens from men-of-war, or privateers. Privateers to give security, etc. See Plan of Treaties, XVIII. ARTICLE XX.-See Plan of Treaties, XIX. ARTICLE XXI.-Subjects or citizens of the one party shall not accept commissions from a foreign State at war with the other. See Plan of Treaties, XXIV. ARTICLE XXII.-Reprisals shall not be authorized, until a statement of grievances has been made. ARTICLE XXIII.-Regulation of rights of ships of war in foreign ports. ARTICLE XXIV.-Foreign privateers. See Plan of Treaties, XXV. ARTICLE XXV.-Ships of war may enter with their prizes the ports of either country. See Plan of Treaties, XX. ARTICLE XXVI.-In case of war between the two nations the citizens or subjects of one residing in the other shall be allowed to remain unmolested so long as they remain peaceable; or they shall have twelve months in which to remove. ARTICLE XXVII.-(Extradition.)-Persons charged with the crimes of murder or forgery in one State and fleeing to the other shall be delivered up on demand. ARTICLE XXVIII. (Limitation of the treaty.)-The first ten articles shall be permanent, and the subsequent articles, except the twelfth, shall be limited in duration to twelve years, to be computed from the day of the exchange of ratifications. GRENVILLE. |