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Senate Roll Call on the Jay Treaty
on June 24, 1795
Jay Treaty — November 19, 1794:
Transcript
Also: Jay's Treaty,
John Jay's Treaty, or Treaty of London
Formally:
Treaty of Amity, Commerce and Navigation
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From the U.S. Senate, National Archives
and Records Administration:
Senate roll call
on the Jay Treaty, June 24, 1795
Despite private doubts and public opposition,
President George Washington believed the Jay
Treaty would avoid war with Great Britain, and
he submitted it to the Senate for approval. The
Senate’s anti-administration minority attempted
to block ratification, but the Federalist
majority prevailed and approved the treaty. The
final vote met the minimum two-thirds
requirement—20 votes for the treaty and 10
against it.
Treaty of Amity, Commerce and
Navigation,
Between His Britannic Majesty and The United States of
America,
by their President, with the Advice and Consent of their
Senate
His Britannic Majesty and the United States of America,
being desirous, by a treaty of amity, commerce and navigation
to terminate their differences in such a manner, as, without
reference to the merits of their respective complaints and
pretensions, may be the best calculated to produce mutual
satisfaction and good understanding; and also to regulate
the commerce and navigation between their respective
countries, territories and people, in such a manner as to
render the same reciprocally beneficial and satisfactory;
they have, respectively, named their plenipotentiaries, and
given them full powers to treat of, and conclude the said
treaty; that is to say: His Britannic Majesty has named for
his Plenipotentiary, the Right Honorable William Wyndham
Baron Grenville of Wotton, one of His Majesty's Privy
Council, and His Majesty's Principal Secretary of State for
Foreign Affairs; and the President of the said United
States, by and with the advice and consent of the Senate
thereof, hath appointed for their plenipotentiary, the
honorable John Jay, Chief Justice of the said United States,
and their envoy extraordinary to His Majesty; who have
agreed on, and concluded the following articles:
ARTICLE I
There shall be a firm, inviolable and universal
peace, and a
true and sincere friendship between His Britannic Majesty,
his heirs and successors, and the United States of America;
and between their respective countries, territories, cities,
towns and people of every degree, without exception of
persons or places.
ARTICLE II
His Majesty will withdraw all his
troops and garrisons from
all posts and places within the boundary lines assigned by
the
Treaty of Peace to the United States.
This evacuation
shall take place on or before the first day of June, one
thousand seven hundred and ninety-six, and all the proper
measures shall in the interval be taken by concert between
the government of the United States, and his Majesty's
Governor-General in America, for settling the previous
arrangements which may be necessary respecting the delivery
of the said posts: The United States in the mean time at
their discretion, extending their settlements to any part
within the said boundary line, except within the precincts
or jurisdiction of any of the said posts.
All settlers and
traders, within the precincts or jurisdiction of the said
posts, shall continue to enjoy, unmolested, all their
property of every kind, and shall be protected therein. They
shall be at full liberty to remain there, or to remove with
all or any part of their effects; and it shall also be free
to them to sell their lands, houses, or effects, or to
retain the property thereof, at their discretion; such of
them as shall continue to reside within the said boundary
lines shall not be compelled to become citizens of the
United States, or to take any oath of allegiance to the
government thereof; but they shall be at full liberty so to
do if they think proper, and they shall make and declare
their election within one year after the evacuation
aforesaid.
And all persons who shall continue there after
the expiration of the said year, without having declared
their intention of remaining subjects of His Britannic
Majesty, shall be considered as having elected to become
citizens of the United States.
ARTICLE III
It is agreed that it shall 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 said boundary line, freely to pass and repass by land or
inland navigation, into the respective territories and
countries of the two 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.
But it is understood, that this
article
does not extend to the admission of vessels of the United
States into the sea-ports, harbors, bays, or creeks of His
Majesty's said territories; nor into such parts of the
rivers in His Majesty's said territories as are between the
mouth thereof, and the highest port of entry from the sea,
except in small vessels trading bona fide between Montreal
and Quebec, under such regulations as shall be established
to prevent the possibility of any frauds in this respect.
Nor to the admission of British vessels from the
sea into
the rivers of the United States, beyond the highest ports of
entry for foreign vessels from the sea.
The river
Mississippi shall, 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 eastern side, to whichsoever of the parties belonging, may freely be resorted
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 Majesty in Great Britain.
All goods and merchandize whose
importation into His
Majesty's said territories in America, shall not be entirely
prohibited, may freely, for the purposes of commerce, be
carried into the same in the manner aforesaid, by the
citizens of the United States, and such goods and
merchandize shall be subject to no higher or other duties
than would be payable by His Majesty's subjects on the
importation of the same from Europe into the said
Territories.
And in like manner, all goods and
merchandize
whose importation into the United States shall not be wholly
prohibited, may freely, for the purposes of commerce, be
carried into the same, in the manner aforesaid, by His
Majesty's Subjects, and such goods and merchandize shall be
subject to no higher or other duties than would be payable
by the citizens of the United States on the importation of
the same in American vessels into the Atlantic ports of the
said states. And all goods not prohibited to be exported
from the said territories respectively, may in like manner
be carried out of the same by the two parties respectively,
paying duty as aforesaid.
No duty of entry shall ever be levied by either
party on
peltries brought by land or inland navigation into the said
territories respectively, nor shall the Indians passing or repassing with their own proper
goods and effects of
whatever nature, pay for the same any impost or duty
whatever.
But goods in bales, or other large
packages,
unusual among Indians, shall not be considered as goods
belonging bona fide to Indians.
No higher or other tolls or
rates of ferriage than what are or shall be payable by
natives, shall be demanded on either side; and no duties
shall be payable on any goods which shall merely be carried
over any of the portages or carrying-places on either side,
for the purpose of being immediately reimbarked and carried
to some other place or places.
But as by this stipulation it
is only meant to secure to each party a free passage across
the portages on both sides: it is agreed, that this
exemption from duty shall extend only to such goods as are
carried in the usual and direct road across the portage, and
are not attempted to be in any manner sold or exchanged
during their passage across the same, and proper regulations
may be established to prevent the possibility of any frauds
in this respect.
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 disposition favorable to friendship and good
neighborhood, it is agreed, that the respective governments
will mutually promote this amicable intercourse, by causing
speedy and impartial justice to be done, and necessary
protection to be extended to all who may be concerned
therein.
ARTICLE IV
Whereas it is uncertain whether the
river Mississippi
extends so far to the northward as to be intersected by a
line to be drawn due west from the Lake of the Woods in the
manner mentioned in the
Treaty of Peace between His Majesty
and the United States, it is agreed, that measures shall be
taken in concert between His Majesty's government in
America and the government of the United States, for making
a joint survey of the said river from one degree of
latitude below the falls of St. Anthony to the principal
source or sources of the said river, and also of the parts
adjacent thereto; and that if on the result of such survey
it should appear that the said river would not be
intersected by such a line as is above mentioned, the two
parties will thereupon proceed by amicable negotiation to
regulate the boundary line in that quarter, as well as all
other points to be adjusted between the said parties,
according to justice and mutual convenience, and in
conformity to the intent of the said treaty.
ARTICLE V
Whereas doubts have arisen what
river was truly intended
under the name of the river St. Croix, mentioned in the said
Treaty of Peace, and forming a part of the boundary therein
described, that question shall be referred to the final
decision of commissioners to be appointed in the following
manner, viz.
One commissioner shall be named by His Majesty, and one by
the President of the United States, by and with the advice
and consent of the Senate thereof, 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.
And the
three commissioners so appointed shall be sworn impartially
to examine and decide the said question according to such
evidence as shall respectively be laid before them on the
part of the British government and of the United States.
The
said commissioners shall meet at Halifax and shall have
power to adjourn to such other place or places as they shall
think fit.
They shall have power to appoint a
secretary, and
to employ such surveyors or other persons as they shall
judge necessary.
The said commissioners shall, by a
declaration under their hands and seals, decide what river
is the river St. Croix, intended by the treaty.
The said declaration shall contain a description of the said
river, and shall particularize the latitude and longitude of
its mouth and of its source. Duplicates of this declaration
and of the statements of their accounts, and of the journal
of their proceedings, shall be delivered by them to the
agent of His Majesty, and to the agent of the United States,
who may be respectively appointed and authorized to manage
the business on behalf of the respective governments.
And
both parties agree to consider such decision as final and
conclusive, so as that the same shall never thereafter be
called into question, or made the subject of dispute or
difference between them.
ARTICLE VI
Whereas it is alleged by divers British
merchants and
others His Majesty's subjects, that debts, to a considerable
amount, which were bona fide contracted before the peace,
still remain owing to them by citizens or inhabitants of the
United States, and that by the operation of various lawful
impediments since the peace, not only the full recovery of
the said debts has been delayed, but also the value and
security thereof have been in several instances impaired
and lessened, so that by the ordinary course of judicial
proceedings, the British creditors cannot now obtain, and
actually have and receive full and adequate compensation for
the losses and damages which they have thereby sustained.
It
is agreed that in all such cases where full compensation for
such losses and damages cannot, for whatever reason, be
actually obtained, had and received by the said creditors in
the ordinary course of justice, the United States will make
full and complete compensation for the same to the said
creditors.
But it is distinctly understood, that this
provision is to extend to such losses only, as have been
occasioned by the lawful impediments aforesaid, and is not
to extend to losses occasioned by such insolvency of the
debtors, or other causes as would equally have operated to
produce such loss, if the said impediments had not existed;
nor to such losses or damages as have been occasioned by the
manifest delay or negligence, or willful omission of the
claimant.
For the purpose of ascertaining the amount of any such
losses and damages, five commissioners shall be appointed
and authorized to meet and act in manner following, viz.
Two
of them shall be appointed by His Majesty, two of them by
the President of the United States by and with the advice
and consent of the Senate thereof, and the fifth by the
unanimous voice of the other four; and if they should not
agree in such choice, then the commissioners named by the
two parties shall respectively propose one person, and of
the two names so proposed, one shall be drawn by lot in the
presence of the four original commissioners.
When the five
commissioners thus appointed shall first meet, they shall,
before they proceed to act, respectively take the following
oath or affirmation in the presence of each other, which
oath or affirmation, being so taken and duly attested,
shall be entered on the record of their proceedings, viz.
I, A.B. one of the
commissioners appointed in pursuance of
the sixth article of the Treaty of Amity, Commerce and
Navigation between His Britannick Majesty and the United
States of America, do solemnly swear (or affirm) that I will
honestly, diligently, impartially, and carefully examine,
and to the best of my judgment, according to justice and
equity, decide all such complaints, as under the said
article
shall be preferred to the said commissioners; and that I
will forbear to act as a commissioner in any case in which I
may be personally interested.
Three of the said commissioners shall constitute a
board
and shall have power to do any act appertaining to the said
commission, provided that one of the commissioners named on
each side, and the fifth commissioner shall be present, and
all decisions shall be made by the majority of the voices of
the commissioners then present.
Eighteen months from the day
on which the said commissioners shall form a board, and be
ready to proceed to business, are assigned for receiving
complaints and applications; but they are nevertheless
authorized, in any particular cases in which it shall appear
to them to be reasonable and just, to extend the said term of
eighteen months, for any term not exceeding six months, after
the expiration thereof.
The said commissioners shall first
meet at Philadelphia, but they shall have power to adjourn
from place to place as they shall see cause.
The said commissioners, in examining the
complaints and
applications so preferred to them, are empowered and
required, in pursuance of the true intent and meaning of this
article, to take into their consideration all claims, whether
of principal or interest, or balances of principal and
interest, and to determine the same respectively according
to the merits of the several cases, due regard being had to
all the circumstances thereof, and as equity and justice
shall appear to them to require.
And the said commissioners
shall have power to examine all such persons as shall come
before them on oath or affirmation touching the premises;
and also to receive in evidence according as they may think
most consistent with equity and justice all written
positions, or books, or papers, or copies, or extracts
thereof; every such deposition, book, or paper, or copy, or
extract, being duly authenticated, either according to the
legal forms now respectively existing in the two countries,
or in such other manner as the said commissioners shall see
cause to require or allow.
The award of the said commissioners, or of any three of them
as aforesaid, shall in all cases be final and conclusive, both
as to the justice of the claim, and to the amount of the sum
to be paid to the creditor or claimant.
And the United
States undertake to cause the sum so awarded to be paid in
specie to such creditor or claimant without deduction; and
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 or assignments to be given by the creditor or
claimant as by the said commissioners may be directed;
provided always that no such payment shall be fixed by the
said commissioners to take place sooner than twelve months
from the day of the exchange of the ratifications of this
treaty.
ARTICLE VII
Whereas complaints have been made by divers
merchants and
others, citizens of the United States, that during the
course of the war in which His Majesty is now engaged, they
have sustained considerable losses and damage by reason of
irregular or illegal captures or condemnations of their
vessels and other property under color of authority or
commissions from His Majesty, and that from various
circumstances belonging to the said cases, adequate
compensation for the losses and damages so sustained cannot
now be actually obtained, had and received by the ordinary
course of judicial proceedings; it is agreed that in all
such cases where adequate compensation cannot for whatever
reason be now actually obtained, had and received by the
said merchants and others in the ordinary course of justice,
full and complete compensation for the same will be made by
the British government to the said complainants. But it is
distinctly understood, that this provision is not to extend
to such losses or damages as have been occasioned by the
manifest delay or negligence, or willful omission of the
claimant.
That for the purpose of ascertaining the amount of
any such losses and damages, five commissioners shall be
appointed and authorized to act in London, exactly in the
manner directed with respect to those mentioned in the
preceding article, and after having taken the same oath or
affirmation (mutatis mutandis) the same term of eighteen
months is also assigned for the reception of claims, and
they are in like manner authorized to extend the same in
particular cases.
They shall receive testimony, books,
papers and evidence in the same latitude, and exercise the
like discretion and powers respecting that subject; and
shall decide the claims in question according to the merits
of the several cases, and to justice, equity, and the laws of
nations.
The award of the said commissioners, or any such
three of them as aforesaid, shall in all cases be final and
conclusive, both as to the justice of the claim, and the
amount of the sum to be paid to the claimant; and His
Britannic Majesty undertakes to cause the same to be paid
to such claimant in specie, without any deduction, at such
place or places, and at such time or times, as shall be
awarded by the said commissioners, and on condition of such
releases or assignments to be given by the claimant, as by
the said commissioners may be directed.
And whereas certain
merchants and others His Majesty's subjects complain that
in the course of the war they have sustained loss and damage
by reason of the capture of their vessels and merchandize
taken within the limits and jurisdiction of the states, and
brought into the ports of the same, or taken by vessels
originally armed in ports of the said States.
It is agreed that in all such cases where
restitution shall
not have been made agreeably to the tenor of the
letter from
Mr. Jefferson to Mr. Hammond, dated at Philadelphia, September
5, 1793, a copy of which is annexed to this treaty, the
complaints of the parties shall be, and hereby are referred
to the commissioners to be appointed by virtue of this
article, who are hereby authorized and required to proceed
in the like manner relative to these as to the other cases
committed to them; and the United States undertake to pay to
the complainants or claimants in specie, without deduction,
the amount of such sums as shall be awarded to them
respectively by the said commissioners, and at the times and
places which in such awards shall be specified; and on
condition of such releases or assignments to be given by the
claimants as in the said awards may be directed.
And it is
further agreed that not only to be now existing cases of
both descriptions, but also all such as shall exist at the
time of exchanging the ratifications of this treaty shall
be considered as being within the provisions intent and
meaning of this article.
ARTICLE VIII
It is further agreed that the commissioners mentioned in
this and in the two preceding articles shall be respectively
paid in such manner as shall be agreed between the two
parties, such agreement being to be settled at the time of
the exchange of the ratifications of this treaty.
And all
other expenses attending the said commissions shall be
defrayed jointly by the two parties, the same being
previously ascertained and allowed by the majority of the
commissioners.
And in the case of death, sickness or
necessary absence, the place of every such commissioner
respectively shall be supplied in the same manner as such
commissioner was first appointed, and the new commissioners
shall take the same oath or affirmation and do the same
duties.
ARTICLE IX
It is agreed that British subjects who now hold
lands in
the territories of the United States, and American citizens
who now hold lands in the dominions of His Majesty, shall
continue to hold them according to the nature and tenure of
their respective estates and titles therein; and may grant,
sell, or devise the same to whom they please, in like manner
as if they were natives; and that neither they nor their
heirs or assigns shall, so far as may respect the said
lands and the legal remedies incident thereto, be
regarded as aliens.
ARTICLE X
Neither the debts due from individuals of the one nation to
individuals of the other, nor shares, nor monies which they
may have in the public funds, or in the public or private
banks, shall ever in any event of war or national
differences be sequestered or confiscated, it being unjust
and impolitic that debts and engagements contracted and
made by individuals, having confidence in each other and in
their respective governments, should ever be destroyed or
impaired by national authority on account of national
differences and discontents.
ARTICLE XI
It is agreed between His Majesty and the United States of
America, that there shall be a reciprocal and entirely
perfect liberty of navigation and commerce between their
respective people, in the manner, under the limitations, and
on the conditions specified in the following Articles:
ARTICLE XII
(Suspended, see
Additional Article)
His Majesty consents that it shall and may be lawful during
the time hereinafter limited, for the citizens of the United
States to carry to any of His Majesty's islands and ports
in the West Indies from the United States in their own
vessels, not being above the burthen of seventy tons, any
goods or merchandizes, being of the growth, manufacture or
produce of the said states, which it is or may be lawful to
carry to the said islands or ports from the said states in
British vessels; and that the said American vessels shall be
subject there to no other or higher tonnage duties or
charges than shall be payable by British vessels in the
ports of the United States; and that the cargoes of the said
American vessels shall be subject there to no other or
higher duties or charges than shall be payable on the like
articles if imported there from the said states in British
vessels.
And His Majesty also consents that it shall be
lawful for the said American citizens to purchase, load, and
carry away in their said vessels to the United States from
the said islands and ports, all such articles, being of the
growth, manufacture or produce of the said islands, as may
now by law be carried from thence to the said states in
British vessels, and subject only to the same duties and
charges on exportation to which British vessels and their
cargoes are or shall be subject in similar circumstances.
Provided always that the said American vessels do carry and
land their cargoes in the United States only, it being
expressly agreed and declared that during the continuance of
this article, the United States will prohibit and restrain
the carrying any molasses, sugar, coffee, cocoa or cotton in
American vessels, either from His Majesty's islands or from
the United States to any part of the World, except the
United States, reasonable sea stores excepted.
Provided
also that it shall and may be lawful during the same period
for British vessels to import from the said islands into the
United States, and to export from the United States to the
said islands, all articles whatever being of the growth,
produce or manufacture of the said islands, or of the United
States respectively, which now may, by the laws of the said
states, be so imported and exported.
And that the cargoes of
the said British vessels shall be subject to no other or
higher duties or charges, than shall be payable on the same
articles if so imported or exported in American vessels.
It is agreed that this article and every
matter and thing
therein contained shall continue to be in force during the
continuance of the war in which His Majesty is now engaged;
and also for two years from and after the day of the
signature of the preliminary or other articles of peace by
which the same may be terminated.
And it is further agreed that at the expiration of the said
term, the two contracting parties will endeavor further to
regulate their commerce in this respect, according to the
situation in which His Majesty may then find himself with
respect to the West Indies, and with a view to such
arrangements as may best conduce to the mutual advantage
and extension of commerce.
And the said parties will then
also renew their discussions, and endeavor to agree,
whether in any and what cases neutral vessels shall protect
enemy's property; and in what cases provisions and other
articles, not generally contraband, may become such.
But in
the mean time, their conduct towards each other in these
respects shall be regulated by the articles hereinafter
inserted on those subjects.
ARTICLE XIII
His Majesty consents that the vessels belonging to the
citizens of the United States of America shall be admitted
and hospitably received in all the seaports and harbors of
the British territories in the East Indies.
And that the
citizens of the said United States may freely carry on a
trade between the said territories and the said United
States, in all articles of which the importation or
exportation respectively to or from the said territories
shall not be entirely prohibited.
Provided only that it
shall not be lawful for them in any time of war between the
British government and any other power or state whatever
to export from the said territories without the special
permission of the British government there, any military
stores, or naval stores, or rice.
The citizens of the United
States shall pay for their vessels when admitted into the
said ports no other or higher tonnage duty than shall be
payable on British vessels when admitted into the ports of
the United States. And they shall pay no other or higher
duties or charges on the importation or exportation of the
cargoes of the said vessels than shall be payable on the
same articles when imported or exported in British vessels.
But it is expressly agreed that the
vessels of the United
States shall not carry any of the articles exported by them
from the said British territories to any port or place,
except to some port or place in America, where the same
shall be unladen, and such regulations shall be adopted by
both parties, as shall from time to time be found necessary
to enforce the due and faithful observance of this
stipulation.
It is also understood that the permission
granted by this article is not to extend to allow the
vessels of the United States to carry on any part of the
coasting trade of the said British territories; but vessels
going with their original cargoes, or part thereof, from one
port of discharge to another, are not to be considered as
carrying on the coasting trade.
Neither is this article to
be construed to allow the citizens of the said states to
settle or reside within the said territories, or to go into
the interior parts thereof, without the permission of the
British government established there; and if any
transgression should be attempted against the regulations of
the British government in this respect, the observance of
the same shall and may be enforced against the citizens of
America in the same manner as against British subjects or
others transgressing the same rule.
And the citizens of the
United States, whenever they arrive in any port or harbor
in the said territories, or if they should be permitted in
manner aforesaid, to go to any other place therein, shall
always be subject to the laws, government, and jurisdiction,
of what nature established in such harbor, port or place,
according as the same may be.
The citizens of the United
States may also touch for refreshment at the island of St.
Helena, but subject in all respects to such regulations as
the British government may from time to time establish
there.
ARTICLE XIV
There shall be between all the dominions of His Majesty in
Europe and the territories of the United States a
reciprocal and perfect liberty of commerce and navigation.
The people and inhabitants of the
two countries
respectively shall have liberty, freely and securely and
without hindrance and molestation, to come with their ships
and cargoes to the lands, countries, cities, ports, places
and rivers within the dominions and territories aforesaid,
to enter into the same, to resort there, and to remain and
reside there, without any limitation of time.
Also to hire
and possess houses and warehouses for the purposes of
their commerce, and generally the merchants and traders on
each side, shall enjoy the most complete protection and
security for their commerce; but subject always as to what
respects this article to the laws and statutes of the two
countries respectively.
ARTICLE XV
It is agreed that no other or higher
duties shall be paid
by the ships or merchandize of the one party in the ports of
the other, than such as are paid by the like vessels or
merchandize of all other nations.
Nor shall any other or
higher duty be imposed in one country on the importation of
any articles the growth, produce, or manufacture of the
other, than are or shall be payable on the importation of
the like articles being of the growth, produce or
manufacture of any other foreign country.
Nor shall any
prohibition be imposed on the exportation or importation of
any articles to or from the territories of the two parties
respectively, which shall not equally extend to all other
nations.
But the British government reserves to itself the right of
imposing on American vessels entering into the British ports
in Europe, a tonnage duty equal to that which shall be
payable by British vessels in the ports of America: And also
such duty as may be adequate to countervail the difference
of duty now payable on the importation of European and
Asiatic goods when imported into the United States in
British or in American vessels.
The two parties agree to treat for the more exact
equalization of the duties on the respective navigation of
their subjects and people in such manner as may be most
beneficial to the two countries.
The arrangements for this
purpose shall be made at the same time with those mentioned
at the conclusion of the twelfth article of this treaty, and
are to be considered as a part thereof.
In the interval it
is agreed that the United States will not impose any new or
additional tonnage duties on British vessels, nor increase
the now subsisting difference between the duties payable on
the importation of any articles in British or in American
vessels.
ARTICLE XVI
It shall be free for the two contracting
parties
respectively to appoint consuls for the protection of
trade, to reside in the dominions and territories aforesaid;
and the said consuls shall enjoy those liberties and rights
which belong to them by reason of their function.
But before
any consul shall act as such, he shall be in the usual forms
approved and admitted by the party to whom he is sent; and
it is hereby declared to be lawful and proper that in case
of illegal or improper conduct towards the laws or
government, a consul may either be punished according to
law, if the laws will reach the case, or be dismissed, or
even sent back, the offended government assigning to the
other their reasons for the same.
Either of the parties may except from the residence of
consuls such particular places as such party shall judge
proper to be so excepted.
ARTICLE XVII
It is agreed that, in all cases where
vessels shall be
captured or detained on just suspicion of having on board
enemy's property or of carrying to the enemy, any of the
articles which are contraband of war; the said vessel shall
be brought to the nearest or most convenient port; and if
any property of an enemy should be found on board such
vessel, that part only which belongs to the enemy shall be
made prize, and the vessel shall be at liberty to proceed
with the remainder without any impediment.
And it is agreed
that all proper measures shall be taken to prevent delay in
deciding the cases of ships or cargoes so brought in for
adjudication; and in the payment or recovery of any
indemnification adjudged or agreed to be paid to the masters
or owners of such ships.
ARTICLE XVIII
In order to regulate what is in future to be esteemed
contraband of war, it is agreed that under the said
denomination shall be comprised all arms and implements
serving for the purposes of war by land or sea, such as
cannon, muskets, mortars, petards, bombs, grenades, carcasses,
saucisses, carriages for cannon, musket rests,
bandoliers, gunpowder, match, saltpetre, ball, pikes,
swords, headpieces, cuirasses, halberts, lances, javelins, horse furniture,
holsters, belts, and generally all other
implements of war as also timber for ship building, tar or
rosin, copper in sheets, sails, hemp, and cordage, and
generally whatever may serve directly to the equipment of
vessels, unwrought iron and fir planks only excepted; and
all the above articles are hereby declared to be just
objects of confiscation whenever they are attempted to be
carried to an enemy.
And whereas the difficulty of agreeing on the precise
cases
in which alone provisions and other articles not generally
contraband may be regarded as such renders it expedient to
provide against the inconveniences and misunderstandings
which might thence arise: It is further agreed that whenever
any such articles so becoming contraband, according to the
existing laws of nations, shall for that reason be seized,
the same shall not be confiscated, but the owners thereof
shall be speedily and completely indemnified; and the
captors, or in their default the government under whose
authority they act, shall pay to the masters or owners 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.
And whereas it frequently happens that vessels sail for a
port or place belonging to an enemy without knowing that
the same is either besieged, blockaded, or invested; it is
agreed that every vessel so circumstanced 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 notice she shall again attempt to enter; but she shall
be permitted to go to any other port or place she may think
proper.
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.
ARTICLE XIX
And that more abundant care may be taken for the security of
the respective subjects and citizens of the contracting
parties, and to prevent their suffering injuries by the men
of war, or privateers of either party, all commanders of
ships of war and privateers, and all others the said subjects
and citizens shall forbear doing any damage to those of the
other party, or committing any outrage against them, and if
they act to the contrary they shall be punished and shall
also be bound in their persons and estates to make
satisfaction and reparation for all damages and the
interest thereof, of whatever nature the said damages may
be.
For this cause, all commanders of
privateers, before they
receive their commissions, shall hereafter be obliged to give
before a competent judge sufficient security by at least
two responsible sureties who have no interest in the said
privateer, each of whom, together with the said commander,
shall be jointly and severally bound in the sum of fifteen
hundred pounds sterling, or if such ships be provided with
above one hundred and fifty seamen or soldiers, in the sum
of three thousand pounds sterling, to satisfy all damages
and injuries which the said privateer or her officers or
Men or any of them may do or commit during their cruise
contrary to the tenor of this treaty or to the laws and
instructions for regulating their conduct; and further, that
in all cases of aggressions the said commissions shall be
revoked and annulled.
It is also agreed that whenever a
judge of a court of
admiralty of either of the parties shall pronounce sentence
against any vessel or goods or property belonging to the
subjects or citizens of the other party, a formal and duly
authenticated copy of all the proceedings in the cause and
of the said sentence shall, if required, be delivered to the
commander of the said vessel, without the smallest delay, he
paying all legal fees and demands for the same.
ARTICLE XX
It is further agreed that both the said
contracting parties
shall not only refuse to receive any pirates into any of
their ports, havens, or towns, or permit any of their
inhabitants to receive, protect, harbor, conceal, or assist
them in any manner, but will bring to condign punishment all
such inhabitants as shall be guilty of such acts or
offences.
And all their ships with the goods or
merchandizes taken by
them and brought into the port of either of the said
parties shall be seized 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 shall not do any acts of hostility or violence
against each other, nor accept commissions or instructions
so to act from any foreign prince or state, enemies to the
other party; nor shall the enemies of one of the parties be
permitted to invite or endeavor to enlist in their military
service any of the subjects or citizens of the other party;
and the laws 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 will order or authorize any acts of
reprisal against the other on complaints of injuries or
damages until the said party shall first have presented 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 be hospitably received in the ports of the
other, their officers and crews paying due respect to the
laws and government of the country.
The officers shall be
treated with that respect which is due to the commissions
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 weather, danger from enemies, or other
misfortune be reduced to the necessity of seeking shelter in
any of His Majesty's ports, into which such vessel could not
in ordinary cases claim to be admitted, she shall, 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 expenses, 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.
ARTICLE XXIV
It shall not be lawful for any foreign
privateers (not being
subjects or citizens of either of the said parties) who have
commissions from any other prince or state in enmity with
either nation, to arm their ships in the ports of either of
the said parties, nor to sell what they have 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
It shall be lawful for the ships of war and
privateers
belonging to the said parties respectively, to carry
whithersoever they please the ships 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 endeavors 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
If at any time a rupture should take place (which God
forbid) between His Majesty and the United States, the
merchants and others of each of the two nations residing in
the dominions of the other, shall have the privilege of
remaining and continuing their trade so long as they behave
peaceably and commit no offence against the laws; and in
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 favor
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
negotiations 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 requisitions by them respectively or by their
respective ministers or officers authorized to make the same,
will deliver up to justice all persons 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 expense
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, 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 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 endeavor 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 [Seal)
JOHN JAY [Seal]
_____
Source: A Century of Lawmaking
for a New Nation:
U.S. Congressional Documents and Debates, 1774-1875.
Library of Congress.
Additional Article
It is further agreed between the said contracting parties,
that the operation 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 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.
_____
Source:
Treaties and Other International Acts of the United States
of America.
Edited by Hunter Miller,
Volume 2,
Documents 1-40 : 1776-1818
Washington : Government Printing Office, 1931.
Avalon Project Yale
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