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Sejnulgi e Re Ad cuier articles Dot generally contraband may be grariin re MTR se saci renders it empedient to provide against the inconsin harmaa
* En annetundars which might thence arise: It is further contraband.
a titue where any such articles so becoming contraband, acperang mode edix laws of nations, shall for that reason be seized, le site deel met be confiscated, but the owners thereof shall be **OV. Y me completely indemnitied; and the captors, or in their verdwlthe goverament under whose authority they act, shall pay to the users or owuers of such vessels, the full value of all such articles, with a reasonable mercantile profit thereon, together with the freight,
and also the demurrage incident to such detention. Regulations
And whereas it frequently happens that vessels sail for a port or place reducing ved belonging to an enemy, without knowing that the same is either bese a alempiin sieged, blockaded or invested; it is agreed, that every vessel so circumto enter a block aded port, or
stanced, may be turned away from such port or place, but she shall not found therein. be detained, nor her cargo, if not contraband, be confiscated, unless
after notice she shall again attempt to enter; but she shall be permitted
respective subjects and citizens of the contracting parties, and to pre-
For this cause, all commanders of privateers, before they receive their
It is also agreed that whenever a judge of a court of admiralty of
conceal or assist them in any manner, but will bring to condign punish- Pirates not to ment all such inhabitants as shall be guilty of such acts or offences.
be protected; And all their ships with the goods or merchandizes taken by them by them to be
and goods taken and brought into the port of either of the said parties, shall be seized restored. as far as they can be discovered, and shall be restored to the owners, or their factors or agents, duly deputed and authorized in writing by them (proper evidence being first given in the court of admiralty for proving the property) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew or had good reason to believe, or suspect that they had been piratically taken.
ARTICLE XXI. It is likewise agreed, that the subjects and citizens of the two nations, Subjects or shall not do any acts of hostility or violence against each other, nor citizens of one accept commissions or instructions so to act from any foreign prince or accept commisstate, enemies to the other party; nor shall the enemies of one of the sion from a fo. parties be permitted to invite, or endeavour to enlist in their military reign state at service, any of the subjects or citizens of the other party; and the laws other. against all such offences and aggressions shall be punctually executed. And if any subject or citizen of the said parties respectively, shall accept any foreign commission, or letters of marque, for arming any vessel to act as a privateer against the other party, and be taken by the other party, it is hereby declared to be lawful for the said party, to treat and punish the said subject or citizen, having such commission or letters of marque, as a pirate.
ARTICLE XXII. It is expressly stipulated, that neither of the said contracting parties No reprisal will order or authorize any acts of reprisal against the other, on com- till demand of plaints of injuries or damages, until the said party shall first have pre- refusal. sented to the other a statement thereof, verified by competent proof and evidence, and demanded justice and satisfaction, and the same shall either have been refused or unreasonably delayed.
ARTICLE XXIII. The ships of war of each of the contracting parties shall, at all times, Ships of war be hospitably received in the ports of the other, their officers and crews
of each to be
received in the paying due respect to the laws and government of the country. The
ports of the officers shall be treated with that respect which is due to the commis- other. sions which they bear, and if any insult should be offered to them by any of the inhabitants, all offenders in this respect shall be punished as disturbers of the peace and amity between the two countries. And his Majesty consents, that in case an American vessel should, by stress of American ves: weather, danger from enemies or other misfortune, be reduced to the sels, in case of necessity of seeking shelter in any of his Majesty's ports, into which ther, may enter such vessel could not in ordinary cases claim to be admitted, she shall, British ports. on manifesting that necessity to the satisfaction of the government of the place, be hospitably received and be permitted to refit, and to purchase at the market price, such necessaries as she may stand in need of, conformably to such orders and regulations as the government of the place, having respect to the circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall be bona fide necessary to her being refitted. Nor shall be permitted to sell any part of her cargo, unless so much only as may be necessary to defray her expences, and then not without the express permission of the government of the place. Nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforesaid.
teers not to arm
ARTICLE XXIV. Foreign priva. It shall not be lawful for any foreign privateers (not being subjects in the ports of
or citizens of either of the said parties) who have commissions from either nation,
any other prince or state in enmity with either nation, to arm their ships nor to sell their in the ports of either of the said parties, nor to sell what they have prizes.
taken, nor in any other manner to exchange the same; nor shall they be allowed to purchase more provisions, than shall be necessary for their going to the nearest port of that prince or state from whom they obtained their commissions.
ARTICLE XXV. Regulations It shall be lawful for the ships of war and privateers belonging to the respecting
said parties respectively, to carry whithersoever they please, the ships prizes and captures. and goods taken from their enemies, without being obliged to pay any
fee to the officers of the admiralty, or to any judges whatever; nor shall the said prizes when they arrive at, and enter the ports of the said parties, be detained or seized, neither shall the searchers or other officers of those places visit such prizes, (except for the purpose of preventing the carrying of any part of the cargo thereof on shore in any manner contrary to the established laws of revenue, navigation or commerce) nor shall such officers take cognizance of the validity of such prizes; but they shall be at liberty to hoist sail, and depart as speedily as may be, and carry their said prizes to the place mentioned in their commissions or patents, which the commanders of the said ships of war or privateers shall be obliged to show. No shelter or refuge shall be given in their ports to such as have made a prize upon the subjects or citizens of either of the said parties; but if forced by stress of weather, or the dangers of the sea, to enter therein, particular care shall be taken to hasten their departure, and to cause them to retire as soon as possible. Nothing in this treaty contained shall, however, be construed or operate contrary to former and existing public treaties with other sovereigns or states. But the two parties agree, that while they continue in amity, neither of them will in future make any treaty that shall be inconsistent with this or the preceding article.
Neither of the said parties shall permit the ships or goods belonging to the subjects or citizens of the other, to be taken within cannon-shot of the coast, nor in any of the bays, ports, or rivers of their territories, by ships of war, or others having commission from any prince, republic, or state whatever. But in case it should so happen, the party whose territorial rights shall thus have been violated, shall use his utmost endeavours to obtain from the offending party, full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels.
ARTICLE XXVI. Privileges of If at any time a rupture should take place, (which God forbid) bethe subjects and tween his Majesty and the United States, the merchants and others of party residing each of the two nations, residing in the dominions of the other, shall in the dominions have the privilege of remaining and continuing their trade, so long as of the other in case of a rup
they behave peaceably, and commit no offence against the laws; and in ture.
case their conduct should render them suspected, and the respective governments should think proper to order them to remove, the term of twelve months from the publication of the order shall be allowed them for that purpose, to remove with their families, effects and property ; but this favour shall not be extended to those who shall act contrary to the established laws; and for greater certainty, it is declared, that such rupture shall not be deemed to exist, while negociations for accommodating differences shall be depending, nor until the respective ambassadors or ministers, if such there shall be, shall be recalled, or sent home on account of such differences, and not on account of personal misconduct, according to the nature and degrees of which, both parties retain their rights, either to request the recall
, or immediately to send home the ambassador or minister of the other; and that without prejudice to their mutual friendship and good understanding.
ARTICLE XXVII. It is further agreed, that his Majesty and the United States, on mutual Criminals to requisitions, by them respectively, or by their respective ministers or be delivered up officers authorized to make the same, will deliver up to justice all per
to justice. sons, who, being charged with murder or forgery, committed within the jurisdiction of either, shall seek an asylum within any of the countries of the other, provided that this shall only be done on 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 offence had there been committed. The expence of such apprehension and delivery shall be borne and defrayed, by those who make the requisition and receive the fugitive.
ARTICLE XXVIII. It is agreed, that the first ten articles of this treaty shall be permanent, Limitation. and that the subsequent articles, except the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this treaty shall be exchanged, but subject to this condition, That whereas the said twelfth article will expire by the limitation therein contained, at the end of two years from the signing of the preliminary or other articles of peace, which shall terminate the present war in which his Majesty is engaged, it is agreed, that proper measures shall by concert be taken, for bringing the subject of that article into amicable treaty and discussion, so early before the expiration of the said term, as that new arrangements on that head, may, by that time, be perfected, and ready to take place. But if it should unfortunately happen, that his Majesty and the United States should not be able to agree on such new arrangements, in that case, all the articles of this treaty, except the first ten, shall then cease and expire together.
Lastly. This treaty, when the same shall have been ratified by his Ratification. Majesty, and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mutually exchanged, shall be binding and obligatory on his Majesty and on the said states, and shall be by them respectively executed, and observed, with punctuality and the most sincere regard to good faith; and whereas it will be expedient, in order the better to facilitate intercourse and obviate difficulties, that other articles be proposed and added to this treaty, which articles, from want of time and other circumstances, cannot now be perfected; it is agreed that the said parties will, from time to time, readily treat of and concerning such articles, and will sincerely endeavour so to form them, as that they may conduce to mutual convenience, and tend to promote mutual satisfaction and friendship; and that the said articles, after having been duly ratified, shall be added to, and make a part of this treaty. In faith whereof, we, the undersigned ministers plenipotentiary of his Majesty the King of Great-Britain, and the United States of America, have signed this present treaty, and have caused to be affixed thereto the seal of our arms.
Done at London, this nineteenth Day of November, one thousand seven hundred and ninety-four.
GRENVILLE, (L. S.)
JOHN JAY, (L. S.)
ADDITIONAL ARTICLE. Twelfth article It is further agreed between the said contracting parties, that the opesuspended. ration of so much of the twelfth article of the said treaty as respects
the trade which his said Majesty thereby consents may be carried on May 4, 1796. between the United States and his islands in the West-Indies, in the
manner and on the terms and conditions therein specified, shall be suspended.
EXPLANATORY ARTICLE. “Whereas by the third article of the treaty of amity, commerce and navigation, concluded at London, on the nineteenth day of November, one thousand seven hundred and ninety-four, between his Britannic Majesty and the United States of America, it was agreed that it should at all times be free to his Majesty's subjects and to the citizens of the United States, and also to the Indians dwelling on either side of the boundary line, assigned by the treaty of peace to the United States, freely to pass and repass by land or inland navigation, into the respective territories and countries of the two contracting parties, on the continent 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 and commerce with each other, subject to the provisions and limitations contained in the said article: And whereas by the eighth article of the treaty of peace and friendship concluded at Greenville, on the third day of August, one thousand seven hundred and ninety-five, between the United States and the nations or tribes of Indians, called the Wyandots, Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel-River, Weeas, Kickapoos, Piankashaws and Kaskaskias, it was stipulated that no person should be permitted to reside at any of the towns or hunting camps of the said Indian tribes, as a trader, who is not furnished with a licence for that purpose, under the authority of the United States : Which latter stipulation has excited doubts, whether in its operation it may not interfere with the due execution of the said third article of the treaty of amity, commerce and navigation: And it being the sincere desire of his Britannic Majesty and of the United States, that this point should be so explained, as to remove all doubts, and promote mutual satisfaction and friendship: And for this purpose, his Britannic Majesty having named for his commissioner, Phineas Bond, Esquire, his Majesty's Consul General for the middle and southern states of America, (and now his Majesty's Chargé d'Affaires to the United States) and the President of the United States having named for their commissioner, Timothy Pickering, Esquire, Secretary of State of the United States, to whom, agreeably to the laws of the United States, he has intrusted this negotiation; They, the said commissioners, having communicated to each other their full powers, have, in virtue of the same, and conformably to the spirit of the last article of the said treaty of amity, commerce and navigation, entered into this explanatory article, and do by these presents explicitly agree and declare, That no stipulations in any treaty subsequently concluded by either of the contracting parties with any other state or nation, or with any Indian tribe, can be understood to derogate in any manner from the rights of free intercourse and commerce, secured by the aforesaid third article of the treaty of amity, commerce and navigation, to the subjects of his Majesty and to the citizens of the United States, and to the Indians dwelling on either side of the boundary line aforesaid; but that all the said persons shall remain at full liberty freely to pass and repass by land or inland navigation, into the respective territories and countries of the contracting parties, on either side of the said boundary line, and freely to carry on trade and commerce with