« 이전계속 »
[Treaty of Ghent.)
9. Cessation of Hostilities with all the Tribes or Nations of Indians. Resto
ration of their Possessions, Rights, and Privileges as in 1811, previous
to the War. 10. Continuance of efforts to promote entire abolition of the Slave Trade. 11. Ratifications, without alteration.
Preamble. His Britannic Majesty and the United States of America, desirous of terminating 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 The Right Honourable James Lord Gambier, late Admiral of the White, now Admiral of the 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 consent 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 Articles :
Peace and Amity. Restoration of Peace, Friendship, and good
understanding upon principles of perfect reciprocity between Territories and Peoples respectively. Cessation of Hostilities after Ratification of Treaty. Restoration of Territory, Places, and Possessions captured during the War (excepting Islands near Boundary Line). Non-destruction nor removal of Artillery or other Public Property in Forts or Places, nor Slares or other Private Property. Restoration of Archives, Records, fc.
ART. I. There shall be a firm and universal Peace between His Britannic Majesty and 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
[Treaty of Ghent.)
the Islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery, or other Public Property, originally captured in the said Forts or Places, and which shall remain therein upon the exchange of the Ratifications of this Treaty, or any Slaves or other Private Property.* And 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, forth with restored, and delivered to the proper authorities and Persons to whom they respectively belong.
Temporary retention of Islands of the Bay of Passamaquoddy.
Such of the Islands in the Bay of Passamaqnoddy 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 Article IV 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.
Prizes taken after Ratification of Treaty. Periods for Cessation
of Hostilities in different Latitudes at Sea. Art. II. Immediately after the Ratifications of this Treaty by both parties, as herein after-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 12 days from the said Ratifications upon all parts of the Coast of North America, from the latitude of 23 deg. North, to the latitude of 50 deg. North, and as far Eastward in the Atlantic Ocean as the 36th deg. of West longi
* Interpretation disputed. See Convention of 20th October, 1818; Award of Emperor of Russia of 22nd April, 1822; and Convention of
[Treaty of Ghent.)
tude from the meridian of Greenwich, shall be restored on each side ; that the time shall be 30 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 ; 40 days for the North Seas, for the Baltic, and for all parts of the Mediterranean; 60 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.
Restoration of Prisoners of War on their payment of their Debts.
Repayment of Advances for Subsistence of Prisoners. ART. 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 Debts which they may have contracted during their captivity. The two Contracting Parties respectively engage to discharge in specie the advances which may have been made by the other for the sustenance and maintenance of such prisoners.
Boundary: Islands in the Bay of Passamaquoddy ( part of Bay of
Fundy) and Island of Grand Menan. Appointment of Commissioners to decide Claims thereto. Oath, and Place of Meeting. Decision by Declaration or Report, final and conclusive.*
Art. IV.F Whereas it was stipulated, by the IInd Article in the Treaty of Peace of 1783, between His Britannic Majesty and The United States of America, that the Boundary of the United States should comprehend “ All 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
* The Commissioners were :-For Great Britain, Mr. Thomas Barclay ; for the United States, Mr. John Holmes. They met first at St. Andrew's and afterwards at New York, at which latter place they drew up their Deci. sion on the 24th November, 1817.
+ See Treaty between Great Britain and United States of 3rd September, 1783. Appendix.
[Treaty of Ghent.)
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 following 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. Andrew's, in the Province of New Brunswick, 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.
Arbitration in case of Difference. 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 then named for that purpose, and who
[Treaty of Ghent.)
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 engaged to consider the Decision of such friendly Sovereign or State, to be final and conclusive on all the matters so referred.
Boundary: Determination of Point of Highlands North of River
St. Croix, or North-West Angle of Nova Scotia, and NorthWesternmost Head of Connecticut River. Survey of Line from River St. Croix to Nova Scotia along Highlands to Connecticut River, down River to 45th Degree, and Line West to River Iroquois, or Cataraguy (St. Lawrence).
ART. 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-westernmost head of 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 above-mentioned 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.