ÆäÀÌÁö À̹ÌÁö
PDF
ePub

1815.]

Convention with Russia, Austria, and Prussia.

A Supplementary Convention between
his Britannic Majesty and the Empe-
ror of All the Russias.

Signed at London the 17th (29th) of
June, 1814.

CONVENTION-(Translation.)

His Majesty the King of the United Kingdom of Great Britain and Ireland, and his Majesty the Emperor of All the Russias, in concert with their High Allies, his Majesty the Emperor of Austria and his Majesty the King of Prussia, considering that the grand object of their alliance, to insure the future tranquillity of Europe, and to establish a just equilibrium of power, cannot be deemed to be completely accomplished until the arrangements concerning the state of possession of the different countries composing it shall have been definitively settled at the Congress, to be held agreeably to the 32d Article of the Treaty of Peace, signed at Paris the 30th of May, 1814, have judged it necessary, conformably to the Treaty of

Chaumont of the 1st of March of the same

year, to keep still on foot a portion of their armies, in order to give effect to the above arrangements, and to maintain order and tranquillity until the state of Europe shall be entirely re-established.

The High Contracting Powers have in consequence appointed their Plenipotentiaries; namely, his Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Hon. Robert Stewart, Viscount Castlereagh, one of his said Majesty's Most Hon. Privy Council, Member of Parliament, Colonel of the Londonderry Regiment of Militia, Knight of the Most Noble Order of the Garter, and his Principal Secretary of State for Foreign Affairs, &c. &c. and his Majesty the Emperor of All the Russias, Charles Robert Count de Nesselrode, his Privy Counsellor, Secretary of State, Actual Chamberlain, Knight of the Order of St. Alexander Newsky, Grand Cross of that of St. Wolodimir of the Second Class, Knight of the Order of Leopold of Austria, of the Red Eagle of Prussia, and of several other Orders, who, after exchanging their full powers, and finding them in good and due form, have agreed upon the following Articles :

Art. 1. His Britannic Majesty, and his Majesty the Emperor of All the Russias, engage to keep on a war establishment, until the definitive arrangement to be made at the above Congress, an army of 75,000 troops, that is to say, 60,000 infantry and 15,000 cavalry, together with a train of artillery, and with equipments proportioned to the number of troops, which number is equal to that which his Imperial and Royal Apostolic Majesty the Emperor of Austria and his Majesty the King of Prussia bind themselves to keep on foot for the same purpose.

265

Art. 2. His Britannic Majesty reserves to himself to furnish his contingent, conformably to the ninth article of the Treaty of Chaumont, of the 1st of March, 1814.

Art. 3. The High Contracting Parties, as well as their Majesties the Emperor of Austria and King of Prussia, engage to employ these armies only pursuant to a common plan, conformably to the spirit and for the object of their alliance above mentioned.

Art. 4. The present Convention shall be ratified and the ratifications exchanged within two months, or sooner, if possible.

In faith of which the respective Plenipotentiaries have signed the present Convention, and have affixed to it the seals of their

[blocks in formation]

For the sake of perspicuity, we shall unfortunate attack introduce in this place the details of the on New Orleans, which winds up the history of our warfare with the United States of America, now happily terminated by the ratification of the treaty concluded with that country.

It appears that the army, under the command of Major-general Keane, was landed at the head of the Bayone, in the vicinity of New Orleans, on the morning of the 23d of December, without opposition; it was, however, attacked by the enemy in the course of the night succeeding the landing, when, after an obstinate contest, the enemy were repulsed at all points with considerable loss. On, the morning of the 25th, Sir Edward Pakenham arrived, and assumed the command of the army. On the 27th, at day-light, the troops moved forward, driving the enemy's picquets to within six miles of the town, when the main body of the enemy was discovered strongly posted behind a breast-work extending about 1,000 yards, with the right resting on the Mississippi, and the left on a thick wood. The interval between the 27th December and the 8th January was employed in preparation for an attack upon the enemy's position. The attack, which was intended to have been made on the night of the 7th, did not, owing to the difficulties experienced in the passage of the Mississippi by a corps under Lieut.-col. Thornton, which was destined to act on the right bank of that river, take place till early on the morning of the 8th. The division to whom the storming of the enemy's position was entrusted, moved to the attack at that time, but being too soon disco

266

Failure of the Attack of New Orleans.

vered by the enemy, were received with a galling and severe fire from all parts of their line. Major-gen. Sir E. Pakenham, who had placed himself at the head of the troops, was unfortunately killed on the crest of the glacis: and Major-generals Gibbs and Keane were nearly at the same moment borne off wounded. The effect of this upon the troops caused a hesitation in their advance, and though order was restored by the advance of the reserve under Majorgen. Lambert, to whom the command of the army had devolved, and Col. Thorn ton had succeeded in the operation as signed to him on the right bank of the river, yet the major-general, upon consideration of the difficulties which yet remained to be surmounted, did not think himself justified in ordering a renewal of the attack; the troops, therefore, retired to the position which they had occupied previous to the attack. In that position they remained till the evening of the 18th, when the whole of the wounded, with the exception of 20, (whom it was considered dangerous to remove,) the field artillery, and all the stores of every description having been embarked, the army retired to the head of the Bayone, where the landing had been originally effected, and re-embarked without molestation. In the whole of these operations, our force sustained a loss of 386 killed, 1516 wounded, and 552 missing.

Mr. Baker, the bearer of the treaty of Ghent as ratified by the Prince Regent, arrived at Washington at eight o'clock in the evening of the 17th of February. The Senate immediately took it into consideration, and so acceptable were the conditions, that the ratifications were duly exchanged at eleven the same night. Mr. Baker, in pursuance of his instructions, took the necessary measures for making this event known with the least possible delay to the commanding oflicers of the British sea and land forces on the coast and frontiers of the United States; and the ratification of the President and Senate was sent home by the Hon. Capt. Maude, of H. M. S. Favourite, who arrived in London on the 13th of March. A copy of the treaty, as published in a Supplement to the Gazette of the 14th, is as follows:

A Treaty of Peace and Amity between his Britannic Majesty and the United States of America; signed at Ghent, December 24, 1814.

[April 1,

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 Admiral of the White, now Admiral of the the Right Hon. James Lord Gambier, late Red 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 of the United States, by and with the advice and con.cat of the Senate thereof, has appointed John Quincey 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 Arictes:

sal peace between his Britannic Majesty and

Art. 1. There shall be a firm and univer

the United States, and between their respective countries, territories, cities, towns, and people of every degree, without exception of places or persons. All hostilities both by sea and land shall cease, as soon as this Treaty shall have been ratified by both parties as hereinafter mentioned. All territory, places, and possessions whatsoever, taken by either party from the other during the war, or which may be taken after the signing of this Treaty, excepting only the islands hereafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artil

lery, or other public property, originally which shall remain therein upon the excaptured in the said forts or places, and any slaves or other private property. And change of the ratifications of this Treaty, or all archives, records, deeds, and papers, either of a public nature, or belonging to private persons, which in the course of the war may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored, and delivered to the proper authorities and persons to whom they respectively belong.

Such of the islands in the Bay of Passamaquoddy as are claimed by both parties, shall remain in the possession of the party in whose occupation they may be at the time of the exchange of the ratifications of this Treaty, until the decision respecting the title

to the said islands shall have been made in

conformity with the 4th Article of this

Treaty.

No disposition made by this Treaty, as to such possession of the islands and territories claimed by both parties, shall in any manner whatever be construed to affect the right

of either.

His Britannic Majesty and the United II. Immediately after the ratifications of States of America, desirous of terminating this treaty by both parties, as hereinafter

1815.]

Treaty with the United States of America.

mentioned, orders shall be sent to the armies, squadrons, officers, subjects, and citizens of the two powers, to cease from all hostilities; and to prevent all causes of complaint which might arise on account of the prizes which may be taken at sea after the said ratifications of this treaty, it is reciprocally agreed, that all vessels and effects which may be taken after the space of twelve days from the said ratifications, upon all parts of the coast of North America, from the latitude of 23 degrees north, to the latitude of 50 degrees north, and as far eastward in the Atlantic Ocean as the 36th degree of west longitude from the meridian of Greenwich shall be restored on each side. That the time shall be thirty days in all other parts of the Atlantic Ocean north of the equinoctial line or equator; and the same time for the British and Irish Channels, for the Gulf of Mexico, and all parts of the West Indies: forty days for the North Seas, for the Baltic, and for all parts of the Mediterranean: sixty days for the Atlantic Ocean south of the equator, as far as the latitude of the Cape of Good Hope: 90 days for every other part of the world south of the equator: and 120 days for all other parts of the world, without exception.

III. All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the ratifications of this treaty as hereinafter mentioned, on their paying the de ts which they have contracted during their captivity. The two contracting partics respectively engage to discharge in specie the advances which may have been made by the other for the sustenance and maintenance of such prisoners.

all

267

ing manner, viz.:-one commissioner shall be appointed 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 so appointed, shall be sworn impartially to examine and decide upon the said claims, according to such evidence as shall be laid before them on the part of his Britannic Majesty and of the United States respectively. The said commissioners shall meet at St. Andrews, in the province of New Brunswic, and shall have power to adjourn to such other place or places as they shall think fit. The said commissioners shall by a declaration or report under their hands and seals, decide to which of the two contracting parties the several islands aforesaid do respectively belong, in conformity with the true intent of the said Treaty of Peace of 1783; and if the said commissioners shall agree in their decision, both parties shall consider such decision as final and conclusive.

IV. Whereas it was stipulated by the 2nd Article in the Treaty of Peace of 1793, between his Britannic Majesty and the United States of America, that the boundary of the United States should comprehend islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries, between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic Ocean, excepting such islands as now are, or heretofore have been, within the limits of Nova Scotia ;" and whereas 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, are claimed by the United States, as being comprehended within their aforesaid boundaries, which said islands are claimed as belonging to his Britannic Majesty, as having been at the time of, and previous to the aforesaid treaty of 1783 within the limits of the province of Nova Scotia; in order, therefore, finally to decide upon these claims, it is agreed that they shall be referred to two commissioners, to be appointed in the follow

It is further agreed, that in the event of the two commissioners differing upon all or any of the matters so referred to them, or in the event of both or either of the said commissioners refusing or declining or wilfully omitting to act as such, they shall make jointly or separately, report or reports, as well to the Government of his Britannic Majesty, as to that of the United States, stating in detail the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon which they, or either of them, have so refused, declined, or omitted to act. And his Britannic Majesty and the Government of the United States hereby agree to refer the report or reports of the said commissioners to some friendly sovereign or state, to be thennamed for that purpose, and who shall be requested to decide on the differences which may be stated in the said report or reports, or upon the report of one commissioner, together with the grounds upon which the other commissioner shall have refused, declined, or omitted to act, as the case may be. And if the commissioner so refusing, declining, or omitting, to act shall also wilfully omit to state the grounds upon which he has so done, in such manner that the said statement may be referred to such friendly sovereign or state, together with the report of such other commissioner, then such sovereign or state shall decide, ex parte, upon the said report alone; and his Britannic Majesty and the Government of the United States engage to consider the decision of such friendly sovereign er state, to be final and conclusive on all the matters so referred.

V. Whereas neither that point of the highlands lying due north from the source of the river St. Croix, designated in the former Treaty of Peace between the two powers as the north-west angle of Nova Scotia, nor the north-easternmost head of

268

Treaty with the United States of America.

Connecticut river have yet been ascertained; and whereas that part of the boundary line between the dominions of the two powers, which extends from the source of the river St. Croix, directly north to the abovementioned north-west angle of Nova Scotia, thence along the said highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean to the north-westernmost head of Connecticut river, thence down along the middle of that river to the 45th degree of north latitude, thence by a line due west on said latitude until it strikes the river Iroquois or Cataraguy, has not yet been surveyed, it is agreed that for these several purposes two commissioners shall be appointed, sworn, and authorised to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in the present article. The said commissioners shall meet at St. Andrews, in the Province of New Brunswic, and shall have power to adjourn to such other place or places as they shall think fit. The said commissioners shall have power to ascertain and determine the points abovementioned, in conformity with the provisions of the said Treaty of Peace of 1783; and shall cause the boundary aforesaid, from the source of the river St. Croix to the river Iroquois or Cataraguy to be surveyed and marked according to the said provisions; the said commissioners shall make a map of the said boundary, and annexed to it a declaration under their hands and seals, certifying it to be the true map of the said boundary, and particularizing the latitude and longitude of the north-west angle of Nova Scotia, of the north-westernmost head of Connecticut river, and of such other points of the said boundary as they may deem proper. And both parties agree to consider such map and declaration as finally and conclusively fixing the said boundary. And in the event of the said two commissioners differing, or both, or either of them, refusing, declining, or wilfully omitting to act, such reports, declarations, or statements shall be made by them, or either of them, and such reference to a friendly sovereign or state shall be made in all respects, as in the latter part of the fourth article is contaiued, and in as full a manner as if the same was herein repeated.

VI. Whereas by the former treaty of peace, that portion of the boundary of the United States from the point where the 45th degree of north latitude strikes the River Iroquois or Cataraguy, to the Lake Superior, was declared to be "along the middle of the said river into Lake Ontario, through the middle of the said lake, until it strikes the communication by water between that lake and Lake Erie, thence along the middle of the said communication into Lake Erie, through the middle of the said lake, until it

[April 1,

arrives at the water communication into the Lake Huron, thence through the middle of said lake to the water communication between that lake and Lake Superior; and whereas doubts have arisen what was the middle of the said river, lakes, and water communications, and whether certain islands lying in the same were within the dominions of his Britannic Majesty or of the United States. In order, therefore, finally to decide these doubts, they shall be referred to two commissioners, to be appointed, sworn, and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in this present article. The said commissioners shall meet, in the first instance, at Albany, in the state of New York, and shall have power to adjourn to such other place or places as they shall think fit. The said commissioners shall, by a report or declaration, under their hands and seals, designate the boundary through the said river, lakes, and water communications, and decide to which of the two Contracting Parties the several islands lying within the said rivers, lakes, and water communications, do respectively belong, in conformity with the true intent of the said treaty of 1783. And both parties agree to consider such designation and decision as final and conclusive, And in the event of the said two commissioners differing, or both or either of them refusing, declining, or wilfully omitting to act, such reports, declarations, or statements shall be made by them, or either of them, and such reference to a friendly Sovereign or State shall be made, in all respects as in the latter part of the 4th article is contained, and in as full a manner as if the same was herein repeated.

VII. It is further agreed, that the said two last mentioned commissioners, after they shall have executed the duties assigned to them in the preceding article, shall be, and they are hereby authorized upon their oaths, impartially to fix and determine, according to the true intent of the said treaty of peace of 1783, that part of the boundary between the dominions of the two powers, which extends from the water communication between Lake Huron and Lake Superior, to the most north western point of the Lake of the Woods; to decide to which of the two parties the several islands lying in the lakes, water communications, and rivers, forming the said boundary, do respectively belong, in conformity with the true intent of the said treaty of peace of 1783, and to cause such parts of the said boundary as require it, to be surveyed and marked. The said commissioners shall, by a report or declaration, under their hands and seals, designate the boundary aforesaid, state their decision on the points thus referred to them, and particularize the latitude and longitude of the most northwestern point of the Lake of the Woods, and

1815.]

Treaty with the United States of America.

of such other parts of the said boundary as
they may deem proper. And both parties
agree to consider such designation and de-
And in the
cision as final and conclusive
event of the said two commissioners differing,
or both, or either of them, refusing, declin-
ing, or wilfully omitting to act, such reports,
declarations, or statements shall be made by
them, or either of them, and such reference
to a friendly Sovereign or State shall be made
in all respects as in the latter part of the
fourth article is contained, and in as full a
manner as if the same was herein repeated.

VIII. The several boards of two commis-
sioners, mentioned in the four preceding ar-
ticles,shall respectively have power to appoint
, a secretary, and to employ such surveyors or
other persons as they shall judge necessary.
Duplicates of all their respective reports, de-
clarations, statements, and decisions, and
of their accounts, and of the journal of their
proceedings, shall be delivered by them to
the agents of his Britannic Majesty, and to
the agents of the United States, who may be
respectively appointed and authorized to ma-
nage the business on behalf of their respective
governments. The said commissioners shall
be respectively paid in such manner as shall
be agreed between the two contracting par-
ties, such agreement being to be settled at
the time of the exchange of the ratifications
of this treaty. And all other expenses at-
tending the said commissions, shall be le-
frayed equally by the two parties. And in
the case of death, sickness, resignation, or
necessary absence, the place of every such
commissioner respectively, shall be supplied
in the same manner as such commissioner
was first appointed, and the new commis-
sioner shall take the same oath or affirmation
and do the same duties.

It is further agreed between the two contracting parties, that in case any of the islands mentioned in any of the preceding articles, which were in the possession of one of the parties prior to the commencement of the present war between the two countries, should, by the decision of any of the boards of commissioners aforesaid, or of the Sovereign or States so referred to, as in the four next preceding articles contained, fall within all grants the dominions of the other party, of land made previous to the commencement of the war by the party having had such possession, shall be as valid as if such island or islands, had, by such decision or decisions, been adjudged to be within the dominions of the party having had such pos'session.

IX. The United States of America engage

to put an end, immediately after the ratifica-
tion 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 rati-
fication, and forthwith to restore to such
-tribes, or nations respectively, all the posses
NEW MONTHLY MAC.-No. 15.

269

sions, 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 de-
sist 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.

X. Whereas the traffic in slaves is irreconcilable with the principles of humanity and justice, and whereas both his Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed, that both the contracting parties shall use their best endeavours to accomplish so desirable an object.

XI. This treaty, when the same shall have been ratified on both sides, without alteration by either of the contracting parties, and the ratifications, mutually exchanged, shall be binding on both parties, and the ratifications shall be exchanged at Washington, in the space of four months from this day, or sooner if practicable.

In faith whereof, we, the respective plenipotentiaries, have signed this treaty, and have hereunto affixed our seals.

Done in triplicate at Ghent, the twentyfourth day of December, one thousand eight hundred and fourteen.

GAMBIER.

H. GOULBURN.

WM. ADAMS.

JOHN QUINCEY ADAMS,

(L. S.)

(L. S.)

(L. S)

(L. S.)

(L. S.)

J. A. BAYARD.

(L. S.)

H. CLAY.

(L. S.)

(L. S.)

JON. RUSSELL.

ALBERT GALLATIN.

FRANCE.

If there be a country on the face of the earth for the character of whose inhabitants we are now disposed to feel a thorough horror and contempt, that country is France. The atrocities perpetrated during the Revolution we were willing to ascribe to the phrenzy into which artful demagogues contrived to work up the people, and to the sudden VOL. III.

2 N

« ÀÌÀü°è¼Ó »