(C.)

TREATY OF PEACE AND AMITY

BETWEEN

HIS BRITANNIC MAJESTY

AND

THE UNITED STATES OF AMERICA.

His Britannic Majesty and the United States of A merica, 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 honorable 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, Esquire, Doctor of Civil Laws: And the President of the U. States, by and with the advice and consent of the Senate thereof, has appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russel, and Albert Gallatin, citizens of the United States, who, after a reciprocal communication of their respective full powers, have agreed upon the following articles :

ARTICLE. THE FIRST.

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 Ttreaty shall have

been ratified by both parties, as hereinafter mentioned. All territory, places, and possessions whatsoever, taken from either party by the other, during the war, or which may be taken after the signing of this treaty, excepting only 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, forthwith restored 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 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 fourth 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.

ARTICLE THE SECOND.

Immediately after the ratifications of this treaty by both parties, as hereinafter 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 recip rocally 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 twenty two degrees north, to the latitude of fifty degrees north, and as far eastward

in the Atlantic ocean, as the thirty sixth 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: Ninety days for every part of the world south of the equator : And one hundred and twenty days for all other parts of the world, without exception.

ARTICLE THE THIRD.

All prisoners of war taken on either side, as well by land as 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.

ARTICLE THE FOURTH.

Whereas it was stipulated in the second article of the treaty of peace, of one thousand seven hundred and eighty three, 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 U. States and lying between lines to be drawn due east from the points where the aforesaid boundaries, between Nova Scotia on the one point, 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 U. States as being 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 one thousand seven hundred and eighty three, 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 U. 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 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 one thousand seven hundred and eighty three. if the said commissioners shall agree in their decision, both parties shall consider such decision as final and conclusive. 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, a 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 on 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 VOL. II. I

And

the report or reports of the said commissioners, to some friendly sovereign or state, to be then named 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 some friendly sovereign or state to be final and conclusive on all the matters so referred.

ARTICLE THE FIFTH.

Whereas neither that point of the high lands lying due north from the river St. Croix, and designated in the former treaty of peace between the two powers as the northwest angle of Nova Scotia, now the northwestermost head of Connecticut river, has yet been ascertained; and whereas that part of the boundary line between the dominion of the two powers which extends from the source of the river St. Croix directly north to the abovementioned northwest 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 northwestermost head of Connecticut river, thence down along the middle of that riser to the forty fifth degree of north latitude; thence by a line due west on said latitude until it strikes the river Iroquois or Cataraguy, has not been surveyed; it is agreed, that for these several purposes, two commissioners shall he appointed, sworn, and authorised, to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specifi