ke manner, be deemed valid, and be confirmed and quieted by a release to the person entitled thereto, of the title to such lot or parcel of land, so described as best to include the improvements made thereon; and in all other respects the two contracting parties agree to deal upon the most liberal principles of equity with the settlers actually dwelling upon the territory falling to them, respectively, which has heretofore been in dispute between them.

ARTICLE V.

Whereas, in the course of the controversy respecting the disputed Distribution of territory on the Northeastern boundary, some moneys have been re- the disputed ceived by the authorities of Her Britannic Majesty's province of New territory fund." Brunswick, with the intention of preventing depredations on the forests of the said territory, which moneys were to be carried to a fund called the "disputed territory fund," the proceeds whereof, it was agreed, should be hereafter paid over to the parties interested, in the proportions to be determined by a final settlement of boundaries: It is hereby agreed, that a correct account of all receipts and payments on the said fund shall be delivered to the Government of the United States, within six months after the ratification of this treaty; and the proportion of the amount due thereon to the States of Maine and Massachusetts, and any bonds or securities appertaining thereto, shall be paid and delivered over to the Government of the United States; and the Government of the United States agrees to receive for the use of, and pay over to, the States of Maine and Massachusetts, their respective portions of said fund; and further to pay and satisfy said States, respectively, for all claims for expenses incurred by them in protecting the said heretofore disputed territory, and making a survey thereof, in 1838; the Government of the United States agreeing, with the States of Maine and Massachusetts, to pay them the further sum of three hundred thousand dollars, in equal moieties, on account of their assent to the line of boundary described in this treaty, and in consideration of the conditions and equivalents received therefor, from the Government of Her Britannic Majesty.

ARTICLE VI.

It is furthermore understood and agreed, that for the purpose of running and tracing those parts of the line between the source of the St. Croix and the St. Lawrence river which will require to be run and ascertained, and for marking the residue of said line by proper monuments on the land, two commissioners shall be appointed, one by the President of the United States, by and with the advice and consent of the Senate thereof, and one by Her Britannic Majesty: and the said commissioners shall meet at Bangor, in the State of Maine, on the first day of May next, or as soon thereafter as may be, and shall proceed to mark the line above described, from the source of the St. Croix to the river St. John; and shall trace, on proper maps, the dividing line along said river, and along the river St. Francis, to the outlet of the Lake Pohenagamook; and, from the outlet of the said lake, they shall ascertain, fix, and mark, by proper and durable monuments on the land, the line described in the first article of this treaty; and the said commissioners shall make to each of their respective Governments a joint report or declaration, under their hands and seals, designating such line of boundary, and shall accompany such report or declaration with maps, certified by them to be true maps of the new boundary.

ARTICLE VII.

It is further agreed, that the channels in the river St. Lawrence, on both sides of the Long Sault islands, and of Barnhart island; the chanuels in the river Detroit, on both sides of the island Bois Blanc, and

Commissioners to be appointed

to mark the line between the St.

Croix and St. Lawrence rivers.

1843, ch. 89.

Certain waters open to both parties.

Mutual agreement for the Suppression of

between that island and both the American and Canadian shores; and all the several channels and passages between the various islands lying near the junction of the river St. Clair with the lake of that name, shall be equally free and open to the ships, vessels, and boats of both parties.

ARTICLE VIII.

The parties mutually stipulate that each shall prepare, equip, and maintain in service, on the coast of Africa, a sufficient and adequate the slave trade. squadron, or naval force of vessels, of suitable numbers and descriptions, to carry in all not less than eighty guns, to enforce, separately and respectively, the laws, rights, and obligations, of each of the two countries, for the suppression of the slave trade; the said squadrons to be independent of each other; but the two Governments stipulating, nevertheless, to give such orders to the officers commanding their respective forces as shall enable them most effectually to act in concert and co-operation, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this article; copies of all such orders to be communicated by each Government to the other, respectively.

Parties to unite in remonstrances with

other powers within whose dominions a

ARTICLE IX.

Whereas, notwithstanding all efforts which may be made on the coast of Africa for suppressing the slave trade, the facilities for carrying on that traffic, and avoiding the vigilance of cruisers, by the fraudulent use of flags and other means, are so great, and the temptations for pursuing it, while a market can be found for slaves, so strong, as that the market is found desired result may be long delayed, unless all markets be shut against the purchase of African negroes; the parties to this treaty agree that they will unite in all becoming representations and remonstrances, with any and all Powers within whose dominions such markets are allowed to exist; and that they will urge upon all such Powers the propriety and duty of closing such markets effectually, at once and forever.

for slaves.

Criminals to be

delivered up to either party, upon requisition, &c.

1848, ch. 167.

ARTICLE X.

It is agreed that the United States and Her Britannic Majesty shall, upon mutual requisitions by them, or their ministers, officers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek an asylum, or shall be found, within the territories of the other: provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed: and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper Executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition, and receives the fugitive.

ARTICLE XI.

The eighth article of this treaty shall be in force for five years from the date of the exchange of the ratifications, and afterwards until one or the other party shall signify a wish to terminate it. The tenth article shall continue in force until one or the other of the parties shall signify its, wish to terminate it, and no longer.

ARTICLE XII.

The present treaty shall be duly ratified, and the mutual exchange of ratifications shall take place in London, within six months from the date hereof, or earlier if possible.

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

Done, in duplicate, at Washington, the ninth day of August, Anno
Domini one thousand eight hundred and forty-two.

DANL. WEBSTER, (L. s.)

VOL. VIII. 73

ASHBURTON, (L. s.)

2 Y

Duration of

the treaty.

Ratifications to be exchanged within six

months.

CONVENTION

Jan. 30, 1843. Further to provide for the payment of awards in favor of claimants under the Convention between the United States and the Mexican Republic of the 11th April, 1839.

Ratifications exchanged,

March 29, 1843.
Proclamation
of the President
of the U. S.,

March 30, 1843.
Preamble
Ante. p. 526.

Mexico to pay all interest due

on the 30th April 1843.

Principal and interest to be paid in five years.

Payments to be made in the city of Mexico, in gold or silver.

Mexico pledges the proceeds of direct taxes.

WHEREAS, by the Convention between the United States and the Mexican Republic, of the 11th Apri, 1839, it is stipulated that, if it should not be convenient to the Axican Government to pay at once the sums found to be due to the claimants under that Convention-that Government shall be at liberty to issue Treasury notes in satisfaction of those sums; and whereas, the Government of Mexico [is] anxious to comply with the terms of said Convention, and to pay those awards in full, but finds it inconvenient either to pay them in money or to issue the said Treasury notes: The President of the United States has, for the purpose of carrying into full effect the intentions of the said parties, conferred full powers on Waddy Thompson, Envoy Extraordinary and Minister of the United States to the Mexican Government, and the President of the Mexican Republic has conferred full powers on their Excellencies, José Maria de Bocanegra, Minister of Foreign Relations, and Manuel Eduardo de Gorostiza, Minister of Finance. And the said plenipotentiaries, after having exchanged their full powers, found to be in due form, have agreed to and concluded the following articles:

ARTICLE I.

On the 30th day of April, 1843, the Mexican Government shall pay all the interest which may then be due on the awards in favor of claimants under the Convention of the 11th of April, 1839, in gold or silver money, in the city of Mexico.

ARTICLE II.

The principal of the said awards and the interest accruing thereon, shall be paid in five years, in equal instalments every three months, the said term of five years to commence on the 30th day of April, 1843, aforesaid.

ARTICLE III.

The payments aforesaid shall be made in the city of Mexico to such person as the United States may authorize to receive them, in gold or silver money. But no circulation, export, nor other duties shall be charged thereon-and the Mexican Government takes the risk, charges, and expenses of the transportation of the money to the city of Vera Cruz.

ARTICLE IV.

The Mexican Government hereby solemnly pledges the proceeds of the direct taxes of the Mexican Republic for the payment of the instalments and interest aforesaid, but it is understood that whilst no other fund is thus specifically hypothecated, the Government of the United States, by accepting this pledge, does not incur any obligation to look for payment of those instalments and interest to that fund alone.

(a) For the convention between the United States and Mexico of April 11, 1839, see ante, page 526.

CONVENCION

Para mejor asegurár el pago de los fallos en favor de los reclamantes en virtud del convenio entre la República Mexicana y los Estados Unidos de 11 de Abril, de 1839.

Por cuanto por el convenio entre la República Mexicana y los Estados Unidos de 11 de Abril, de 1839, está estipulado que si no le fuere comodo al Gobierno Mexicano satisfacer al contado las cantidades que resultare deudor á virtud de esa Convencion, el mismo tendrá la facultad de emitir libranzas de Tesoreria en pago de esas cantidades, y por cuanto èl Gobierno de Mexico deseoso de cumplir con las condiciones de dicho convenio y á pagar estos fallos en su monto total se encuentra que no le conviene ó pagarlos en dinero ó emitir dichas libranzas: El Presidente de la República Mexicana con objeto de llevar á pleno efecto las intenciones de ambas partes, ha conferido plenos poderes á los Escelentisimos Señores D. José Maria de Bocanegra, Ministro de Relaciones exteriores y Gobernacion, y Don Manuel Eduardo de Gorostiza, Ministro de Hacienda; y el Presidente de los Estados Unidos al Honorable Señor Waddy Thompson, Enviado Extraordinario y Ministro Plenipotenciaro de dichos Estados cerca del Gobierno de Mexico. Y dichos plenipotenciarios, despues de haber cambiado sus plenos poderes y encontradolos en debida forma, han convenido y concluido los articulos siguientes:

ARTICULO I.

En el dia 30 de Abril, de 1843, el Gobierno Mexicano pagará todo el interes estuviere vencido sobre los fallos en favor de los reclamantes á virtud del convenio del 11 de Abril, de 1839, en moneda de oro ó en plata en la ciudad de Mexico.

ARTICULO II.

El principal de dichos fallos y el interes, que se vaya venciendo sobre ellos, se pagará en cinco años, en pagos iguales de cada tres meses, dicho termino de cinco años comenzará el dia 30 de Abril, de 1843, como está dicho.

ARTICULO III.

Los pagos arriba indicados se harán en la ciudad de Mexico á la persona que los Estados Unidos autorizen á recibirlos en oro ó en plata. Pero no se pagará sobre estas cantidades derecho de circulacion, de exportacion ú otra clase que fuere sobre el mismo. Y el Gobierno Mexicano tomará sobre si el riesgo, cargos y gastos de transportacion del dinero hasta la ciudad de Vera Cruz.

ARTICULO IV.

El Gobierno Mexicano por este articulo hypoteca solemnemente los productos de contribuciones directas de la República Mexicana para el pago de las cantidades señaladas, y su interes; pero se entiende que si bien no se hipoteca ningun otro fondo especialmente, no por esto el Gobierno de los Estados Unidos con aceptar esta hipoteca, contrae ninguna obligacion de limitarse para el pago de estos dividendos y su interes solamente á este fondo.