The American Diplomatic Code Embracing a Collection of Treaties and ...

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Art. 10. Au agent to be appointed to assist to examine claims-manner of settling disagree-
ments prescribed--claims rejected only to exonerate the United States, page... 124
11. All necessary decisions to be made within one year from date of ratifications
12. Claims against France, since Sept 30, not to be affected by this convention
No. 9. Convention of navigation and commerce, of the 24th of Juue, 1822; negoti
ated at Washington, by John Q. Adams, on the part of the United States, and
G. Hyde de Neuville, on the part of France. Ratified 12th of February, 1822.
In force until one of the parties renounce it, giving six months' notice thereof, 126
Art. 1. Importations of United States' articles, in their vessels, to pay, in France, 20 francs
per ton, over what they pay in French vessels
2. Importations of French articles in vessels of France, to pay, in the United States, $3
75 cents per ton, over and above what they pay in American vessels,
3. Goods for transit, or re-exportation, not to pay discriminating duties in either nation,
4. Quantities composing the ton: wines 464 gallon hogshead; brandies and other liquids,
244 galls.; silks and dry goods, in France 42, and in America 50 cubic feet; cotton
804 lbs. or 365 killogrammes; tobacco, 1,600 lbs. or 725 kilogrammes; ashes, pot and
pearl, 2,240 lbs. on 1,016 kilogs; rice 1,600 lbs. 725 kilog. and all weighable arts.
2,240 lbs. or 1, 016 kilogrammes

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5. Duties of tonnage, light money, &c. not to exceed in France, five francs per ton on
American vessels, and in the United States 94 cents on French vessels, . . . . . ib
6. Consuls and Vice Consuls of either nation, in the other, may cause the arrest of des-
erters, and detain them for three months

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130

7. Convention to be in force two years from 1st October, 1822,-extra duties at the end
of two years, to be diminished by one fourth, and so on, from year to year, till
one of the parties shall declare the intention of renouncing it
Separate article, the extra duties levied before 24 June, 1822, to be refunded, ib
10. Convention to liberate France from all Reclamations preferred by the United
States, for unlawful Seizures, Captures, Sequestrations, Confiscations, or
Destructions of their Vessels, Cargoes, or other Property. Negotiated at
Paris, on the 4th day of July, 1831; by William C. Rives, on the part of the
United States, and Horace Sebastiani, on the part of France. Ratified on
the 2d day of February, 1832 .

Art. 1. 25,000,000 francs to be paid to the United States for all reclamations

2. In six annual instalments-Interest at 4 per cent. .

3. 1,500,000 francs to be paid by the United States to France for all reclamations
4. In six annual instalments-Interest. 5. Other reclamations may be sued for, by
either party.
Reciprocal engagement to furnish documents, etc.

7. Duties on French wines-Six cents per gallon on red wines; and ten cents for white
wines, in casks; other wines 22 cents in bottles-Limited to ten years-Reclama-
tions relative to 8th article of treaty of cession of Louisiana, abandoned-Same
duties on long, as on short staple cottons. 8. Ratifications

GREAT BRITAIN.

1. Provisional articles of peace; of the 30th of November 1782; negotiated at Paris,
by Richard Oswald, on the part of Great Britain, and John Adams, Benjamin
Franklin, John Jay, and Henry Laurens, on the part of the United States.-
Sanctioned by Congress on the 11th of April, 1783 .

526

Art. 1. His Britannic majesty acknowledges the United States sovereign and independent
2. Boundaries of the United States and their territories, defined and admitted
3. The United States to have the right to take fish on the Grand and other banks of New-
foundland; in the gulf of St. Lawrence, on the coast of Newfoundland, and to dry
and cure them, for the present, in the unsettled bays, harbors, and creeks of Nova
Scotia, Magdalen Islands, and Labrador

227

Art. 4. No impediment allowed to the recovery of debts on either side, page

5. Congress to recommend to the respective states to provide for the restitution of con-
fiscated property belonging to real British subjects and others, &c.-No lawful im-
pediment in the prosecution of just rights

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6. All confiscations, and prosecutions of persons, for the part they may have taken in
the war, to cease

7. A firm and perpetual peace-hostilities to cease-prisoners to be released—armies
and fleets to be withdrawn from the United States-artillery to remain—archives,
records, deeds and papers to be restored

8. The navigation of the Mississippi to be free to both nations

9. Conquest on either side, before the arrival of these articles in America to be restored
without difficulty, and without requiring any compensation

2. Armistice declaring a cessation of hostilities, of the 20th January, 1783; negotiat-
ed at Versailles, by Alleyne Fitz Herbert, on the part of Great Britain, and by
John Adams and Benjamin Franklin, on the part of the United States. Sanc-
tioned on the 11th of April, 1783 ..

228

229

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Reference to the articles which stipulate a cessation of hostilities betw G. Britain, France,
and Spain-reference to the provisional treaty of Nov. 30, 1782, see page 226
Declaration by the British minister, that the United States are included in the armistice
between Great Britain and France and Spain
Acceptance of the British minister's declaration of an armistice, and reciprocal declara-
tion, by the minister of the United States, that hostilities shall cease
Art. 1. Preliminary article, declaring the period when hostilities shall cease, &c.
2. Preliminary article, declaring the times, beyond which, if captures are made at sea, in
different parts of the world, they shall be restored

Full powers of the American negotiators
Full powers of the British negotiators

230

3. Definitive treaty of peace, of the 3d of September, 1783; negotiated at Paris, by
David Hartley, on the part of Great Britain, and John Adams, Benjamin Frank-
lin, and John Jay. Ratified by congress on the 14th of January, 1784 ... 237
Art. 1. His Britannic majesty acknowledges the U. States to be free, sovereign,and independent 237
2. The boundaries of the United States defined and established

3. The citizens of the United States to continue to enjoy the right of fishing on the banks
of Newfoundland, in the gulf of St. Lawrence-liberty allowed to dry and cure
fish in the unsettled bays of Nova Scotia

4. No impediment allowed to the recovery of debts on either side

237

221

.222

5. Congress to recommend to the states to provide for the restitution of confiscated estates
-twelve months allowed to certain persons to endeavor to recover their estates-
congress to recommend to the states a reconsideration of their laws concerning
confiscations-persons having an interest in confiscated lands, to meet with no law-
6. All confiscations and prosecu-
ful impediment in the prosecution of rights

tions of persons, for the part they may have taken in the war, to cease.
7. Firm and perpetual peace—prisoners to be released-negroes not to be carried away
-armies and fleets to be withdrawn-archives, &c. to be restored

8. The navigation of the Mississippi to be free to both nations.

9. Conquests on either
side, before the arrival of the provisional articles in America, to be restored..
4. Treaty of amity, commerce and navigation, of the 19th of November, 1794; ne-
gotiated at London, by William Wyndham, (Baron Grenville) on the part of
Great Britain, and John Jay, on the part of the United States. The senate of
the United States, on the 24th of June, 1795, advised the president to ratify
this treaty,on condition that there should be added thereto an article, whereby
it should be agreed to suspend the operation of a part of the 12th article.-
Such an article having been added, the treaty was duly ratified by the Pre-
sident of the United States and his Britannic Majesty, and the ratifications

223

were exchanged at London, on the 28th of October, 1795. The ratification
of the 1st explanatory article took place on the 9th of May, 1796; and the
ratification of the second explanatory article on the 5th of June, 1798. The
former of the explanatory articles was negotiated at Philadelphia, on the
4th of May, 1796, by P. Bond, on the part of Great Britain, and T. Pick-
ering on the part of the United States; and the latter at London, on the
15th of March, 1798, by Lord Grenville, on the part of Great Britain, and
Rufus King, on the part of the United States, page.

Art.1. A firm, involable, and universal peace between the two nations

2. Great Britain to withdraw her troops from certain posts within the boundary line of
the United States, on or before the 1st of June, 1796-settlers and property un-
molested-these settlers not to be compelled to become citizens of the United
States, nor to take the oath of allegiance

242

212

. 243
3. Freedom of intercourse and trade mutually allowed to citizens and subjects of the two
parties, and to the Indians, on the continent of America; the limits of Hudson's
bay company excepted--exceptions as to the admission of either party-the river
Mississippi to be open to both parties-goods and merchandise not wholly prohib
ited, to be admitted into the territories of each party-each party may export goods,
not prohibited, from the territories of the other-no duty of entry to be levied on
peltries brought by land-indians not to pay imposts or duty-no higher or other
tolls to be demanded than are payable by natives, on either side; and no duty to
be paid on goods which are merely carried over portages, and not attempted to be
sold or exchanged in the passage
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A joint survey of the Mississippi to be be made, from one degrec below the falls of
St. Anthony, to the principal sources of that river, to ascertain whether a line drawn
due west from the Lake of the Woods, will intersect the Mississippi

5. Commissioners to be appointed to indentify the river St. Croix, designated in the de-
finitive treaty of peace, in 1783, as forming part of the boundary line of the United
States-the commissioners to make a particular and descriptive declaration as to
the indentify of the river St. Croix, and their decision to be final

6. The United States to compensate British creditors for losses occasioned by legal im-
pediments to the collection of debts contracted before the peace of 1783-limita-
tion of this provision to losses sustained by legal impediments only-five commis-
sioners to be appointed to ascertain the amount of losses which the United States
consent to make good to British creditors-commissioners to take an oath--form
of the oath to be taken by the commissioners-three commissioners to form a board
--eighteen months allowed for receiving claims, with an extension of the time for
six months in just and reasonable cases-the commissioners to meet at Philadel-
phia with powers to adjourn elsewhere-rules prescribed and powers invested in the
commissioners, for the investigation of claims-award of the commissioners to be
final--the United States to pay in specie--no payment to British creditors, pre-
viously to a year after the ratifications of this treaty

7. The British government to make compensation to the citizens of the United States
for illegal captures of their vessels by British subjects, where adequate compensa-
tion cannot be obtained in the ordinary course of justice-this provision not to ex-
tend to losses occasioned by negligence of claimants-five commissioners to be
appointed, with the same powers, as those appointed in virtue of the 6th article of
this treaty for adjusting the amount of compensation to be paid by the British gov-
ernment to citizens of the United States, for illegal captures of their vessels and
merchandise-the commissioners appointed in virtue of this article to decide res-
pecting claims to be paid by the United States to British subjects, for losses sus-
tained by captures made by armed vessels, under the circumstances mentioned in
a letter to Mr Jefferson to Mr Hammond, of the 5th of September, 1793.

245

216

248

Art. 8. The commisssoners to be appointed according to subsequent agreement--other ex-
penses to be defrayed jointly-vacancies in the commission to be filled in the man-
ner of the first appointments, page

9. American citizens and British subjects holding lands in the territory of either party,
to exercise the rights appertaining thereto, as natives

10. No debts, or moneys, in funds, to be confiscated in the event of war
11. Reciprocity of navigation and commerce under certain limitations.

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250

12. Trade allowed to the British West Indies, in vessels of the United States, not ex-
ceeding 70 tons, and in such articles as British vessels may carry thither from the
United States-vessels of the United States allowed to export from the British
West Indlies to the United States, such articles as may be carried thither in British
vessels proviso: restricting the vessels of the U. States to a direct trade with the
British West Indies-proviso: allowing importations and exportations from and to
the British West Indies, in British vessels--limitation of this article to the period
of two years after the signing of preliminary articles of peace, between Great Bri-
tain and the powers at war with her in 1794-after the expiration of this article,
further regulations to be the result of future efforts; as well with respect to trade
with the British West Indies, as concerning certain neutral rights
. 250
13. Vessels belonging to citizens of the United States, to be admitted into the ports of
the British East Indies-proviso: restricting, in time of war, the exportation of mil-
itary and naval stores and rice from the British ports--reciprocity, as to tonnage
duties; also, as to duties on cargoes-the trade from the British East Indies to be
direct to the United States-American vessels not allowed to carry on the coast-
ing trade in the British East Indies-The citizens of the United States not to re-
side in, or go into the interior parts of the British East Indies without permission
-Citizens of the U. States may touch at the island of St. Helena for refreshment 25%
14. Reciprocal and perfect liberty of commerce, between the British dominions in Europe,
and the United States

15. Neither party to pay, in the ports of the other, higher, or different duties than are paid
there by other nations on like articles-Great Britian reserves the right of equal-
izing tonnage duties; as also to countervail the difference of duties on European
and Asiatic goods, when imported in American, or in British vessels-The parties
to treat for a more exact equalization of duties at the time mentioned in the 12th
article hereof-The United States, in the interval, not to increase existing duties,
nor the differences therein

253

16. Consuls may be reciprocally appointed; to enjoy their proper rights, after being duly
admitted as such; and may be punished, dismissed, or sent home, the reasons be-
ing assigned therefor. 17. Vessels captured on suspicion of having contraband,
or enemy's property to be sent into the nearest port; the contraband to be taken
out, and the vessel to be allowed to proceed
18. Specification of contraband goods-Contraband goods to be confiscated-Provisions
and other articles, when from particular circumstances, they are contraband, to be
paid for on seizure-Vessels of either party, not to be detained, on attempting to
enter a blockaded place, unless previously warned off-Vessels and goods of eith-
er party, found in an invested place, after surrended, to be restored to the owners 255
19. Those concerned in private armed vessels, on either side, to be answerable for dam-
ages done by them-Commanders of privateers to give bonds, to be answerable
for misconduct--Authentic copies of process of condemnation in admiralty courts,
to be furnished without delay, to commanders to vessels against which sentence
may have been pronounced, on payments of fees .

20. Pirates not to be received, nor concealed--Ships and goods brought into the ports of
either party, by pirates, to be seized and restored
21. Citizens and subjects not to accept commissions from a third power, to act in a hos-

255

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257

tile manner against either party-A third (enemy) power, not allowed to enlist
citizens or subjects of either party-Persons taken offending against the provisions
of this article, may be treated as pirates. 22. Act of reprisal not to be author-
ised by either party, without previous demand of satisfaction, page
Art. 23. The ships of war of each party, to be hospitably received and well treated in the ports
of the other-American vessels not usually allowed to enter British ports, but com-
pelled to do so by stress of weather, to be kindly received and permitted to refit;
But not to break bulk, unless indispensably necessary. 24. Privateers, of a third
(enenty) power, not to arm in the ports of either nation, nor to sell their prizes. 257
25. Prizes made by ships of war and privateers of either party, allowed to enter and de-
part from the ports of each other without examination-Nothing in this treaty to
operate contrary to existing treaties with other nations--Neither party to allow
the ships or goods belonging to citizens or subjects of the other, to be taken with-
in cannon shot of its coast,

26. In case of a rupture, the merchants and others of the two nations, during good beha-
vior, allowed to continue their trade-Merchants of either party, when suspected
and ordered to remove, allowed twelve months to settle their affairs-Circum-
stances which shall determine the period of a rupture
Art. 27. Persons charged with murder or forgery, seeking an asylum in the dominions of
either party, to be delivered up on requisition.

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259

28. The first ten articles of this treaty to be permanent; the others, with the exception of
the 12th, limited to twelve years, the subject of the 12th article, to be discussed
anew, before its expiration; but if no further arrangement can be effected, then all
the articles, except the first ten, to expire together-This treaty, after the mutual
exchange of ratifications, to be binding-Other articles may be proposed and added 259-
Letter from Thomas Jefferson to George Hammond on the subject of compensation
for British vessels captured by cruisers fitted out in ports of the United States-
Obligation of the United States, in relation to three belligerent nations to protect
their vessels, in American ports-The rule extended to Great Britain, although
not required by treaty-The president determined to make compensation for cer-
tain vessels, for the restitution of which suitable efforts had not been made by
261
the United States-Determination of the president as to future similar cases
Governors of states instructed to use all the means in their power to restore prizes found
in their ports-Mr Hammond to communicate with governors of states-Inteution
of the president distinctly stated-important for Mr Hammond to substantiate
facts-His list of privateers correct-Losses by detention, to be ascertained by
persons to be appointed by collectors and by British consuls
Additional article-That part of the 12th article of the treaty of November 19th 1794,
relating to the trade between the U. S. and the British West India Islands, suspended 262
First explanatory article-Explanation concerning the Sd article of the treaty of Novem-
ber, 1794-Reference to the rights secured to the British and Indians by that ar-
ticle-Reference to the 8th article of the treaty of Greenville, concluded on the
3d of August, 1795, which prohibits the residence of persons, as traders, at the
Indians' towns, without a license from the United States-Doubts concerning the
compatibility of the 3d article of the treaty of November, 1794, between the Uni-
ted States and Great Britain, and the 8th article of the treaty of Greenville,
The 3d art. of the treaty between the United States and Great Britain of 19th Nov.
1794, not to be affected by any treaty subsequently concluded with other nations-
This article, after mutual ratification, to make part of the treaty, between the
United States and Great Britain, of Nov. 19, 1794

Second explanatory article-Reference to the 27th article of the treaty between the
United States and Great Britain of Nov. 19, 1794, which permits additional arti-
cles to that treaty; Difficulties in relation to the source of the river St. Croix-The

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