STATE PAPERS.

PART 11.

TREATIES.

Treaty of Amity, Commerce, and Navigation, between his Britannic Majefty and the United States of America.

By their Prefident, with the Advice and Confent of their Senate.

HIS

IS Britannic Majefty and the United States of America being defirous, by a Treaty of Amity, Commerce, and Navigation, to terminate their differences in fuch a manner as, without reference to the merits of their refpective complaints and pretenfions, may be the best calculated to produce mutual fatisfaction and good understanding: and also to regulate the commerce and navigation between their respective countries, territories, and people, in fuch a manner as to render the fame reciprocal, beneficial, and fatisfactory; they have respectively named their plenipotentiaries, and given them full power to treat of, and conclude the faid treaty; that is to say, his Britannic Majesty has named for his plenipo

* The Treaty as ratified by his Britannic Majefty and the United States of America has not yet been made public. The following conditional ratification was agreed to by the Senate of the United States, on the 24th of January, 1795.

Refolved, That the Senate do confent to, and advise the President of the United States to ratify the Treaty of Amity, Commerce, and Navigation between his Britannic Majefty and the United States of America, concluded at London the 19th of November, 1794, on condition that there be added to the faid Treaty, an article whereby it fhall be agreed to fufpend the operation of fo much of the 12th article, as refpects the trade which his faid Majefty thereby confents may be carried on between the United States and his Iflands in the West Indies, in the manner, and on the terms and conditions therein fpecified.

And the Senate recommends to the Prefident to proceed without delay to further friendly negociations with his Majefty on the fubject of the faid trade, and of the terms and conditions in queftion.

VOL. III. PART. ii.

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tentiary

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tentiary the Right Hon. Wm. Windham, Baron Grenville of Wotton, one of his Majefty's Privy Council, and his Majesty's Principal Secretary of State for foreign affairs: and the Prefident of the faid United States, by and with the advice and confent of the Senate thereof, hath appointed for their plenipotentiary the Hon. John Jay, Chief Justice of the faid United States, and their Envoy Extraordinary 'to his Majefty, who have agreed on, and concluded the following

ARTICLES:

Art. I. There fhall be a firm, inviolable, and univerfal peace, and a true and fincere friendship between his Britannic Majesty, his heirs and fucceffors, and the United States of America; and between their respective countries, territories, cities, towns, and people of every degree, without exception of perfons or places.

II. His Majefty will withdraw all his troops and garrifons from all posts and places within the boundary lines affigned by the treaty of peace to the United States. This evacuation fhall take place on or before the first day of June, 1796, and all the proper measures fhall, in the interval, be taken by concert between the government of the United States and his Majefty's Governor-general in America, for fettling the previous arrangements which may be neceflary refpecting the delivery of the faid pofts; the United States, in the mean time, at their difcretion, extending their fettlements to any part within the faid boundary line, except, within the precincts or jurifdiction of any of the faid pofts. All fettlers and traders within the precincts or jurifdiction of the faid pofts fhall continue to enjoy, unmolefted, all their property of every kind, and fhall be protected therein. They fhall be at full liberty to remain there, or to remove with all or any part of their effects; and it fhall alfo be free to them to fell their lands, houses, or effects, or to retain the property thereof, at their difcretion: fuch of them as fhall continue to refide within the faid boundary. lines fhall not be compelled to become citizens of the United States, or to take any oath of allegiance to the government thereof; but they fhall be at full liberty fo to do if they think proper, and they shall make and declare their election within one year after the evacuation aforefaid. And all perfons who fhall continue there after the expiration of the faid year without having declared their intention of remaining fubjects of his Britannic Majefty, fhall be confidered as having elected to become citizens of the United. States.

III. It is agreed, that it fhall at all times be free to his Ma→ jefty's fubjects, and to the citizens of the United States, and also to the Indians dwelling on either fide of the faid boundary line, freely to pass and repafs, by land or inland navigation, into the refpective territories and countries of the two parties on the continent

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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 or commerce with each other. But it is understood that this article does not extend to the admiffion of veffels of the United States into the fea ports, harbours, bays, or creeks, of his Majefty's faid territories; nor into fuch parts of the rivers in his Majefty's faid territories as are between the mouth thereof and the highest port entry from the fea, except in firall veffels trading bona fide between Montreal and Quebec, under fuch regulations as thall be eftablished to prevent the poffibility of any frauds in this refpect; nor to the admiffion of British velfels from the fea into the rivers of the United States, beyond the higheft ports of entry for foreign veffels from the fea. The river Miffiffippi fhall, however, according to the treaty of peace, be entirely open to both parties; and it is further agreed, that all the ports and places on its eaftern fide, to which foever of the parties belonging, may freely be reforted to, and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of his Majefty in Great Britain.

All goods and merchandise, whofe importation into his Majesty's faid territories in America fhall not be entirely prohibited, may freely, for the purpose of commerce, be carried into the fame, in the manner aforefaid, by the citizens of the United States, and fuch goods and merchandise fhall be fubject to no higher or other duties than would be payable by his Majefty's fubje&s on the importation of the fame from Europe into the faid territories. And in like manner all goods and merchandife, whofe importation into the United States fhall not be wholly prohibited, may freely, for the purpofe of commerce, be carried into the fame, in the manner aforefaid, by his Majesty's fubjects; and fuch goods or merchandife fhall be fubject to no higher or other duties than would be payable by the citizens of the United States on the importation of the fame, in American veffels, into the Atlantic ports of the faid States. And all goods not prohibited to be exported into the faid territories refpectively, may in like manner be carried out of the fame by the two parties refpectively, paying duty as aforesaid.

No duty of entry thall ever be levied by either party, on pel tries brought by land or inland navigation into the faid territories refpectively; nor thall the Indians, paffing or re-paffing with their own proper goods and effects, of whatever nature, pay for the fame any impoft or duty whatever. But goods in bales, or other large packages unufual among indians, fhall not be confidered as goods belonging bona fide to Indians.

No higher or other tolls or rates of ferriage than what are or fhall be payable by natives, fhall be demanded on either fide; and no duties fhall be payable on any goods which fhall merely be car

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ried over any of the portages or carrying places on either fide, for the purpose of being immediately re-embarked and carried to fome other place or places. But as by this ftipulation it is only meant to fecure to each party a free paffage acrofs the portages on both fides, it is agreed, that this exemption from duty shall extend only to fuch goods as are carried in the ufual and direct road across the portage, and are not attempted to be in any manner fold or exchanged during their paffage across the fame, and proper regula. tions may be established to prevent the poffibility of any frauds in this refpect.

As this article is intended to render in a great degree the local advantages of each party common to both, and thereby to promote a difpofition favorable to friendship and good neighbourhood, it is agreed, that the refpective governments will mutually promote this amicable intercourfe, by caufing speedy and impartial justice to be done, and neceffary protection to be extended to all who may be concerned therein.

IV. Whereas it is uncertain whether the river Miffiffippi extends fo far to the northward as to be interfected by a line to be drawn due weft from the lake of the woods in the manner mentioned in the treaty of peace between his Majefty and the United States, it is agreed, that measures shall be taken to concert with his Majesty's government in America, and the government of the United States, for making a joint furvey of the said river from one degree of latitude below the falls of St. Anthony, to the principal fource or fources of the faid river, and alfo of the parts adjacent thereto; and that if on the refult of fuch furvey, it fhould appear that the faid river would not be interfected by such a line as is above-mentioned, the two parties will thereupon proceed by amicable negociation to regulate the boundary line in that quarter, as well as all other points to be adjusted between the faid parties, according to juftice and mutual convenience, and in conformity to the intent of the faid treaty.

V. Whereas doubts have arifen what river was truly intended under the name of the river St. Croix, mentioned in the faid treaty of peace, and forming a part of the boundary therein described, that question fhall be referred to the final decifion of the commiffioners to be appointed in the following manner, viz.

One commiffioner fhall be named by his Majefty, and one by the President of the United States, by and with the advice and confent of the Senate thereof, and the faid two commiffioners fhall agree on the choice of a third; or if they cannot so agree, they shall each propose one perfon, and of the two names fo propofed, one fhall be drawn by lot in the prefence of the two original commiffioners. And the three commiffioners fo appointed, fhall be fworn impartially to examine and decide the faid queftion according to fuch evidence as fhall refpectively be laid before them on

the