Relations with Great Britain. The conference fixed for the 4th instant having been adjourned by mutual consent, it was held this day. The protocol of the preceding conference was agreed upon and signed. the Magdalen islands, and of Labrador, as here above described; but so soon as the same, or either of them, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without previous agreement The American Plenipotentiaries, after some for that purpose with the inhabitants, proprieprevious explanation of the nature of the propo- tors, or possessors of the ground; and the United sitions which they were about to make, submitted States hereby renounce any liberty heretofore the five annexed articles, (A, B, C, and D,) upon enjoyed or claimed by the inhabitants thereof to the fisheries, the boundary line, the West India take, dry, or cure fish on or within three marine intercourse, that of Nova Scotia and New Bruns- miles of any of the coasts, bays, creeks, and harwick, and the captured slaves. The two first ar- bors of His Britannic Majesty's dominions in ticles they stated to be drawn as permanent; and America not included within the above-menthey accompanied that respecting the fisheries tioned limits: Provided, however, That the Amewith the annexed explanatory memorandum. (E.) rican fishermen shall be admitted to enter such The British Plenipotentiaries submitted the bays and harbors for the purpose only of obtainannexed projet of articles respecting the impress-ing shelter, wood, water, and bait, but under such ment of seamen, (F.); and they expressed their restrictions as may be necessary to prevent their conviction that a consideration of these articles drying or curing fish therein, or in' any other would, under all the circumstances of difficulty manner abusing the privilege hereby reserved to with which the question is involved, satisfy the them. American Plenipotentiaries of the sincere and earnest disposition of the British Government to go to every practicable length in a joint effort to remove all existing causes of difference, and to connect the two countries in the firmest ties of harmony and good understanding. The American Plenipotentiaries declared that they received the proposition entirely in the same spirit; and then brought forward the annexed articles, (G,) relating to other maritime points, which, at the former conference, they had announced their intention of producing. They also submitted three other articles, as annexed, respecting wrecks, &c. (H.) It was agreed to meet on Friday, the 25th instant. ALBERT GALLATIN, Whereas differences have arisen respecting the liberty claimed by the United States for the inhabitants thereof to take, dry, and cure fish on certain coasts, bays, harbors, and creeks of His Britannic Majesty's dominions in America: It is agreed between the high contracting parties that the inhabitants of the said United States shall continue to enjoy unmolested, forever, the liberty to take fish, of every kind, on that part of the southern coast of Newfoundland which extends from Cape Ray to the Ramea islands, and the western and northern coast of Newfoundland, from the said Cape Ray to Quirpon Island, on the Magdalen islands; and also on the coasts, bays, harbors, and creeks from Mount Joli, on the southern coast of Labrador, to and through the Straits of Belleisle, and thence, northwardly, indefinitely, along the coast; and that the American fishermen shall also have liberty forever to dry and cure fish in any of the unsettled bays, harbors, and creeks of the southern part of the coast of Newfoundland here above described, of ARTICLE B. It is agreed that a line drawn due north or south, as the case may require, from the most northwestern point of the Lake of the Woods, until it shall intersect the forty-ninth parallel of north latitude, and from the point of such intersection, due west, along and with the said parallel, shall be the line of demarcation between the territories of the United States and those of His Britannic Majesty to the westward of the said lake; and that the said line shall form the northern boundary of the said territories of the United States, and the southern boundary of His Britannic Majesty's said territories, from the said lake to the Pacific ocean; it being, however, distinctly understood that, with respect to the territories situated on the northwest coast of America, or westward of the Stony mountains, the two high contracting parties intend hereby to define the extent of their respective claims so far only as relates to the two parties, and without reference to the claims of any other nation. The inhabitants of the two countries, respectively, shall have liberty freely to come with their ships and cargoes to all such places, ports, and rivers, on the northwest coast of America, as belong to or may be in the possession of either of the two high contracting parties, and shall be admitted and treated, with respect to their said ships and cargoes, and to trade generally, on the same terms and in the same manner as the inhabitants, vessels, and cargoes of the country owning or having possession of such places, ports, or rivers. The navigation of the rivers that fall into the Pacific ocean, and which may be intersected by the line of demarcation aforesaid, shall, from the sources of such branches as may be thus intersected, to the ocean, remain free and open to the citizens of the United States and to the subjects of Great Britain. But both parties reserve to themselves the power of regulating, each within their respective territories, the right to the navigation of the rivers that fall into the Gulf of Mexico or into Hudson's Bay. ARTICLE C. Relations with Great Britain. It is agreed that vessels of the United States shall have liberty to import from any of the ports of the United States to which any foreign vessels are permitted to come, into any of the following ports of His Britannic Majesty's dominions in the West Indies, and on the continent of South America, viz: the ports of Kingston, Savannah La Mar, Montego bay, Santa Lucia, Antonio, Saint Anne, Falmouth, and Porto Maria, in the island of Jamaica; the port of San Joseph, in the island of Trinidad; the port of Scarborough, in the island of Tobago; the port of St. George, in the island of Granada; the port of Kingston, in the island of St. Vincent; the port of Bridgetown, in the island of Barbadoes; the principal port in the island of St. Lucia; the port of Rosseau, in the island of Dominica; the port of St. John's, in the island of Antigua; the port of Basseterre, in the island of St. Christopher's; the port of Road Harbor, in the island of Tortola; the principal port of Turk's Island; the port of Nassau, in the island of New Providence; the port of Pittstown, in Crooked Island; the principal port of the island of Bermuda; the principal port in the colony of Demarara, and the principal port in the colony of Berbice, tobacco, naval stores, live stock, and every species of provisions and lumber, being of the growth, produce, or manufacture of the United States; and the said vessels shall also have liberty to import in the same manner every other article of the growth, produce, or manufacture of the United States, the importation of which into the above-mentioned British islands and colonies shall not be entirely prohibited from every other place whatever, if of the growth, produce, or manufacture of the United States, and from every other foreign country or place, if of the growth, produce, or manufacture of any other foreign country or place. The said vessels coming directly from any of the aforesaid ports of the United States shall likewise have liberty to export from any of the aforesaid ports of His Britannic Majesty's dominions to any of the aforesaid ports of the United States, sugar, coffee, molasses, and salt, being of the growth, produce, or manufacture of the above-mentioned British islands and colonies; and the said vessels shall also have liberty to export, in the same manner, any other article of the said growth, produce, or manufacture, the exportation of which from the said British islands and colonies to every other foreign country or place shall not be entirely prohibited: Provided, however, That the quantity of sugar and coffee which may be thus exported shall not, for each vessel, exceed the rate of five hundred weight of both together for each ton of the burden of such vessel. British vessels shall in the same manner, have liberty to import from any of the aforesaid ports of His Britannic Majesty's dominions, into any of the aforesaid ports of the United States, sugar, coffee, molasses, and salt, being of the growth, produce, or manufacture of the above-mentioned British islands and colonies; and the said vessels 15th CoN. 2d SESS.-49 shall also have liberty to import, in the same manner, any other article of the said growth, produce, or manufacture, the exportation of which from the said islands and colonies to the United States shall be allowed in vessels of the United States, and the importation of which into the said United States from every foreign country or place shall not be entirely prohibited: Provided, however, That the quantity of sugar and coffee which may be thus imported shall not exceed, for each vessel, the rate of five hundred weight of both together, for each ton of the burden of such vessel. The said vessels, coming directly from any of the aforesaid ports of His Britannic Majesty's dominions, shall likewise have liberty to export. from any of the aforesaid ports of the United States to any of the aforesaid ports of His Britannic Majesty's dominions, tobacco, naval stores, live stock, and every species of provisions and lumber, being of the growth, produce, or manufacture of the United States; and the said vessels shall also have liberty to export, in the same manner, every other article, the growth, produce, or manufacture of the United States, the importation of which into the said British ports from the said United States shall be allowed in vessels of the United States, and the exportation of which from the said United States to every foreign country or place shall not be entirely prohibited. The vessels of either of the two parties employed in the trade provided for by this article shall be admitted in the ports of the other party, as above mentioned, without paying any other or higher duties or charges than those payable in the same ports by the vessels of such other party; and they shall have liberty, respectively, to touch, during the same voyage, at one or more of the ports above mentioned of the other party, for the purpose of disposing of their inward, or of taking on board their outward cargoes. No other or higher duties shall be paid on the importation into the United States of any of the articles which may be imported therein by virtue of this article, when imported in British vessels, than when imported in vessels of the United States; nor when imported directly from the above-mentioned ports of His Britannic Majesty's dominions, than when imported in a circuitous manner. And no other or higher duties shall be paid on the importation into the above-menmentioned ports of His Britannic Majesty's dominions, of any of the articles which may be imported therein by virtue of this article, when imported in vessels of the United States, than when imported in British vessels, nor when imported directly from the United States, than when imported in a circuitous manner. The same duties shall be paid, and the same bounties shall be allowed on the exportation of any articles which may, by virtue of this article, be exported either from the above-mentioned British islands and colonies to the United States, or from the said United States to the said islands and colonies, whether such exportation shall be in vessels of the United States or in British ves Relations with Great Britain. sels. And the articles thus exported shall, in the dominions of both parties, respectively, pay the same duties, and be allowed the same bounties on the exportation thereof, as when exported to any other foreign country or place whatever. ARTICLE. British vessels shall have liberty, to export from any of the ports of the United States to which any foreign vessels are permitted to come, to the ports of Halifax, in His Britannic Majesty's province of Nova Scotia; to the port of St. John's, in His Britannic Majesty's province of New Brunswick; and to any other port within the said provinces of Nova Scotia or New Brunswick, to which vessels of any other foreign nation shall be admitted, any article of the growth, produce, or manufacture of the United States, the importation of which from the said United States into His Britannic Majesty's dominions in the West Indies and on the continent of South America, shall be allowed in vessels of the United States, by virtue of the next preceding article of this treaty, and the exportation of which from the United States to every other foreign country or place shall not be entirely prohibited; and vessels of the United States shall, in like manner, have liberty to import from any of the aforesaid ports of the United States, into any of the aforesaid ports within the said provinces of Nova Scotia and New Brunswick, any of the articles the growth, produce, or manufacture of the said United States, the exportation of which from the said United States to the said provinces shall be allowed in British vessels, and the importation of which into the said provinces from every other foreign country or place shall not be entirely prohibited. British vessels shall also have liberty to import from any of the said ports within the provinces of Nova Scotia and New Brunswick, into any of the aforesaid ports of the United States, gypsum and grindstones the produce or manufacture of the said provinces; and they shall likewise have liberty to import in the same manner any other article of the growth, produce, or manufacture of the said provinces, the exportation of which from the said provinces to the United States shall be allowed in vessels of the United States, and the importation of which into the said United States from every other foreign country shall not be altogether prohibited. And vessels of the United States shall have liberty to export from the said provinces to the said United States gypsum and grindstones, the produce or manufacture of the said provinces; and they shall likewise have liberty to export, in the same manner, any other article of the growth, produce, or manufacture of the said provinces, the exportation of which to every other foreign country shall not be entirely prohibited. The vessels of either of the two parties employed in the trade provided for by this article shall be admitted in the ports of the other party, as above mentioned, without paying any other or higher duties or charges than those payable in the same ports by the vessels of such other party. The same duties shall also be paid, respectively, in the dominions of both parties on the importation and on the exportation of the articles which may be imported or exported by virtue of this article, and the same bounties shall also be allowed on the exportation thereof, whether such importation or exportation shall be in vessels of the United States or in British vessels. ARTICLE D. Whereas complaints have been made by divers inhabitants of the United States, that several slaves, their private property, were carried away from the United States, contrary to the intentions of the first article of the treaty of peace and amity concluded at Ghent, between the two high contracting parties, on the twenty-fourth day of December, one thousand eight hundred and fourteen, it is agreed that full compensation shall be made by the British Government to the said complainants for all slaves, their private property, who, at the date of the exchange of the ratifications of the said treaty, were in any territories, places, or possessions, whatsoever, directed by the said treaty to be restored to the United States, but then still occupied by the British forces, and who were afterwards removed or carried away by the said forces, whether such slaves as aforesaid were, at the date aforesaid, on shore or on board any vessels lying in waters which, being within the territory or jurisdiction of the United States, were to be restored to them. And, for the purpose of truly ascertaining the number and value of the said slaves, three commissioners shall be appointed, and authorized to meet and act in manner following, that is to say: one shall be appointed by the President of the United States, by and with the advice and consent of the Senate thereof, and one by His Britannic Majesty; and the said two commissioners shall agree on the choice of a third; or, if they cannot so agree, they shall each propose one person; and, of the two names so proposed, one shall be drawn by lot, in the presence of the two original commissioners. The three commissioners thus appointed shall first meet in the City of Washington, but shall have power to adjourn from place to place, as they shall see cause. They shall have power to appoint a secretary, and, before proceeding to act, shall, respectively, take the following oath or affirmation, in the presence of each other; which oath or affirmation, being duly taken and attested, shall be entered on the record of their proceedings; that is to say: "I, A. B., one of the commissioners appointed in pursuance of the -article of the treaty of, between the United States and His Britannic Majesty, do solemnly swear [or affirm] that I will diligently, impar tially, and carefully examine, and, to the best of my judgment, according to justice and equity, decide all such complaints or applications as, under the said article, shall be preferred to the said commissioners." Two of the said commissioners shall constitute a board, provided they be those named by the respective Governments; and vacancies, caused by death or otherwise, shall be filled up in the manner of the original appoint Relations with Great Britain. ments; and the new commissioners shall take the same oath or affirmation, and do the same duties. Twelve months, from the day on which the said #commissioners shall form a board, are assigned for receiving complaints and applications; but they are, nevertheless, authorized, in any particular cases in which it shall appear to them reasonable and just, to extend the said term for any term not exceeding six months after the expiration thereof. In examining the complaints and applications preferred to them by the owners of slaves, or their lawful attorneys or representatives, the said commissioners are empowered and required, in pursuance of the true intent and meaning of this article, to examine, on oath or affirmation, all such persons as shall come before them, touching the real number and value of the slaves alleged to have been carried away as aforesaid; and also to receive in evidence, according as they may think consistent with equity and justice, written depositions, being duly authentieated, either according to existing legal forms, or in such other manner as the said commissioners shall see cause to require or allow. The award of the said commissioners, or any two of them, shall, in all cases, be final and conclusive, whether as to the number, the value, or the ownership of the slaves carried away as aforesaid. And His Britannic Majesty undertakes to cause the sum awarded to each and every owner, in lieu of his slave or slaves, as above described, to be paid, without deduction, at such time or times, and at such place or places, as shall be awarded by the said commissioners, and on condition of such releases being given as they shall direct: Provided, That no such payments shall be fixed to take place sooner than twelve months from the day of the exchange of the ratifications of this treaty. It is further agreed that the said commissioners shall be respectively paid in such manner as shall be agreed between the two parties; such agreement to be settled at the time of the exchange of the ratifications of this treaty. And all other expenses attending the execution of the commission shall be defrayed jointly by the two parties, the same being previously ascertained and allowed by the majority of the commissioners. E. Explanatory Memorandum. nent, and, like one for fixing boundaries between the territories of the two parties, not to be abrogated by the mere fact of a war between them; or that, if vacated by any event whatever, the rights of both parties should revive and be in full force, as if such an article had not been agreed to. F. His Majesty the King of the United Kingdom of Great Britain and Ireland, &c., &c., and the President of the United States of America, being animated with an equal desire to remove, by amicable regulations, the inconveniences which have arisen from the difficulty of discriminating between the subjects of the two Powers, respectively, have determined to proceed, without prejudice to the rights of either Power, to frame such conventional arrangements as may obviate the evils which might hereafter again result from the circumstances above stated to the public service, the commerce, or subjects of either of the contracting parties. In pursuance of so desirable an object, his said Majesty and the President of the United States have nominated Plenipotentiaries to discuss and sign a treaty to this effect. His Majesty the King of the United Kingdom of Great Britain and Ireland has nominated the Right Honorable Frederick John Robinson, &c., &c., &c., and Henry Goulburn, Esq., &c., &c., &c.; and the President of the United States has nominated Albert Gallatin, Esq., &c., &c., &c., and Richard Rush, Esq., who, having exchanged their full powers, found in good and due form, have agreed upon the following articles: ART. 1. The high contracting parties engage and bind themselves to adopt without delay, and in the manner that may best correspond with their respective laws, such measures as may be most effectual for excluding the natural born subjects of either party from serving in the public or private marine of the other: Provided, always, That nothing contained in this article shall be understood to apply to such natural born subjects of either Power as may have been naturalized by their respective laws previous to the signature of the present treaty; and such measures, when adopted, shall be immediately communicated to each party, respectively. ART. 2. For the better ascertaining the number of persons on either side that may fall within the exception contained in the preceding article, The American Plenipotentiaries presented for the high contracting parties engage to deliver, consideration an article on the subject of certain each to the other, within twelve months from the fisheries. They stated, at the same time, that, as ratification of the present treaty, a list of all perthe United States considered the liberty of tak-sons falling within the said exception, specifying ing, drying, and curing fish, secured to them by the treaty of peace of 1783, as being unimpaired, and still in force for the whole extent of the fisheries in question, whilst Great Britain considered that liberty as having been abrogated by war; and as, by the article now proposed, the United States offered to desist from their claim to a certain portion of the said fisheries, that offer was made with the understanding that the article now proposed, or any other on the same subject which might be agreed on, should be considered as perma the places of their birth, with the date of their becoming naturalized. And it is further agreed that none other than the persons whose names shall be included in the said lists shall be deemed to fall within the said exception. ART. 3. The high contracting parties, however, reserve to themselves the power to authorize and permit, by proclamation, their respective subjects or citizens to serve in the public or private marine of the other country. And it is hereby expressly understood that, so long as such permission shall Relations with Great Britain. remain in force, it shall be competent for the Government of the other Power, notwithstanding the engagement set forth in the first article of this treaty, to admit the performance of the said service; Provided, always, That whenever the Power so granting permission to the said subjects or citizens to serve in the marine of the other shall withdraw the same, notification thereof shall forthwith be made to the other contracting party; and, on receipt of such notification, the Power receiving the same shall forth with notify it in the most public and official manner, and shall use its utmost endeavors to restrain the said subjects of the other party from further serving in its public or private marine, and shall enforce the exclusion of the said subjects of the other Power as may then be in its service, as if no such permission had been promulgated. ART. 4. In consideration of the stipulations contained in the preceding articles, it is agreed by the high contracting parties that, during the continuance of the present treaty, neither Power shall impress or forcibly withdraw, cause to be impressed or forcibly withdrawn, any person or persons from the vessels of the other Power, when met upon the high seas, on any plea or pretext whatsoever: Provided always, That nothing contained in this article shall be construed to apply to the vessels of either Power which may be within the ports or within the maritime jurisdiction of the other: And, also, provided, That nothing herein contained shall be construed to impair or effect the established right of search as authorized in time of war by the law of nations. ART. 5. The high contracting parties have agreed to extend the duration of the present treaty to ten years; and they reserve to themselves to concert as to its renewal at such convenient period, previous to its expiration, as may insure to their respective subjects the uninterrupted benefit which they expect from its provisions: Provided, always, That either Power may, if it deem it expedient, upon giving six months' previous notice to the other, wholly abrogate and annul the present treaty. ART. 6. It is agreed that nothing contained in the preceding articles shall be understood to affect the rights and principles on which the high contracting parties have heretofore acted in respect to any of the matters to which these stipulations refer, except so far as the same shall have been modified, restrained, or suspended by the said articles. And whenever the present treaty shall cease to be in operation, either by the expiration of the term for which it is enacted, without any renewal of the same, or by the abrogation thereof by either of the contracting parties, as hereinbefore provided, or (which God forbid) by any war between the high contracting parties, each of the said high contracting parties shall stand, with respect to the other, as to its said rights and principles, as if no such treaty had ever been made. G. (a) Whenever one of the high contracting parties shall be at war, any vessel of the other party sailing for a port or place belonging to an enemy of the first party, without knowing that the same is either besieged, blockaded, or invested, may be turned away from such port or place; but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless, after such notice, she shall again attempt to enter; but she shall be permitted to go to any other port or place she may think proper. No vessel or cargo shall be condemned for breach of a blockade, unless captured by one of the blockading ships, or unless she shall attempt to enter after notice as aforesaid. Nor shall any vessel or goods of either party, that may have entered into such port or place before the same was besieged, blockaded, or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof. And, in order to determine what characterizes a blockade, it is agreed that that denomination shall apply to a port where there is, by the disposition of the Power which blockades it, with ships stationary or sufficiently near, an evident danger in entering. (b.) Whereas differences have heretofore arisen concerning the trading with the colonies of His Britannic Majesty's enemies, and the instructions given by His Majesty to his cruisers in regard thereto, it is agreed that, whenever His Britannic Majesty shall be at war, all articles, not being contraband of war, may be freely carried from the ports of the United States to the ports of any colony not blockaded belonging to His Majesty's enemies: Provided, Such goods as are not of the growth, produce, or manufacture of the United States, shall previously have been entered and landed in the United States, and the ordinary duties on such articles, so imported for home consumption, shall have been paid, or secured to be paid; and the said goods, on re-exportation, shall, after the drawback, remain subject to a duty equivalent to not less than one per cent. ad valorem; and that the said goods, and the vessels conveying the same, shall, from the time of their clearance from the port of the United States, be bona fide the sole property of citizens of the United States; and, in like manner, that all articles not being contraband of war, and being the growth or produce of the colonies of His Britannic Majesty's enemies, may be brought to the United States, and, after having been there landed, may be freely carried from thence to any foriegn port not blockaded: Provided, Such goods shall previously have been entered and landed in the United States, and the ordinary duties on colonial articles, so imported for home consumption, shall have been paid or secured to be paid; and that the said goods, except only mahogany and fustic, shall, on re-exportation, after the drawback, remain subject to a duty equivalent to not less than two per cent. ad valorem: And provided, That the said goods, and the vessels conveying the same, be bona fide the sole property of citizens of the United States: Provided always, That this article, or anything contained therein, shall not affect any question now or hereafter judicially pending, |