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Treaty of Ghent 1814 -
Transcript
Treaty of Ghent
Treaty of Peace and Amity between His
Britannic Majesty
and the United States of America.
His Britannic
Majesty and the United States of America
desirous of terminating the war which has
unhappily subsisted between the two Countries,
and of restoring upon principles of perfect
reciprocity, Peace, Friendship, and good
Understanding between them, have for that
purpose appointed their respective
Plenipotentiaries, that is to say, His Britannic
Majesty on His part has appointed the Right
Honourable James Lord Gambier, late Admiral of
the White now Admiral of the Red Squadron of His
Majesty's Fleet; Henry Goulburn Esquire, a
Member of the Imperial Parliament and Under
Secretary of State; and William Adams Esquire,
Doctor of Civil Laws: And the President of the
United States, by and with the advice and
consent of the Senate thereof, has appointed
John Quincy Adams, James A. Bayard, Henry Clay,
Jonathan Russell, and Albert Gallatin, Citizens
of the United States; who, after a reciprocal
communication of their respective Full Powers,
have agreed upon the following Articles.
ARTICLE THE FIRST.
There shall be a firm and universal Peace
between His Britannic Majesty and the United
States, and between their respective Countries,
Territories, Cities, Towns, and People of every
degree without exception of places or persons.
All hostilities both by sea and land shall cease
as soon as this Treaty shall have been ratified
by both parties as hereinafter mentioned. All
territory, places, and possessions whatsoever
taken by either party from the other during the
war, or which may be taken after the signing of
this Treaty, excepting only the Islands
hereinafter mentioned, shall be restored without
delay and without causing any destruction or
carrying away any of the Artillery or other
public property originally captured in the said
forts or places, and which shall remain therein
upon the Exchange of the Ratifications of this
Treaty, or any Slaves or other private property;
And all Archives, Records, Deeds, and Papers,
either of a public nature or belonging to
private persons, which in the course of the war
may have fallen into the hands of the Officers
of either party, shall be, as far as may be
practicable, forthwith restored and delivered to
the proper authorities and persons to whom they
respectively belong. Such of the Islands in the
Bay of Passamaquoddy as are claimed by both
parties shall remain in the possession of the
party in whose occupation they may be at the
time of the Exchange of the Ratifications of
this Treaty until the decision respecting the
title to the said Islands shall have been made
in conformity with the fourth Article of this
Treaty. No disposition made by this Treaty as to
such possession of the Islands and territories
claimed by both parties shall in any manner
whatever be construed to affect the right of
either.
ARTICLE THE SECOND.
Immediately after the ratifications of this
Treaty by both parties as hereinafter mentioned,
orders shall be sent to the Armies, Squadrons,
Officers, Subjects, and Citizens of the two
Powers to cease from all hostilities: and to
prevent all causes of complaint which might
arise on account of the prizes which may be
taken at sea after the said Ratifications of
this Treaty, it is reciprocally agreed that all
vessels and effects which may be taken after the
space of twelve days from the said Ratifications
upon all parts of the Coast of North America
from the Latitude of twenty three degrees North
to the Latitude of fifty degrees North, and as
far Eastward in the Atlantic Ocean as the thirty
sixth degree of West Longitude from the Meridian
of Greenwich, shall be restored on each
side:-that the time shall be thirty days in all
other parts of the Atlantic Ocean North of the
Equinoctial Line or Equator:-and the same time
for the British and Irish Channels, for the Gulf
of Mexico, and all parts of the West
Indies:-forty days for the North Seas for the
Baltic, and for all parts of the
Mediterranean-sixty days for the Atlantic Ocean
South of the Equator as far as the Latitude of
the Cape of Good Hope.- ninety days for every
other part of the world South of the Equator,
and one hundred and twenty days for all other
parts of the world without exception.
ARTICLE THE THIRD.
All Prisoners of war taken on either side as
well by land as by sea shall be restored as soon
as practicable after the Ratifications of this
Treaty as hereinafter mentioned on their paying
the debts which they may have contracted during
their captivity. The two Contracting Parties
respectively engage to discharge in specie the
advances which may have been made by the other
for the sustenance and maintenance of such
prisoners.
ARTICLE THE FOURTH.
Whereas it was stipulated by the second Article
in the Treaty of Peace of one thousand seven
hundred and eighty three between His Britannic
Majesty and the United States of America that
the boundary of the United States should
comprehend "all Islands within twenty leagues of
any part of the shores of the United States and
lying between lines to be drawn due East from
the points where the aforesaid boundaries
between Nova Scotia on the one part and East
Florida on the other shall respectively touch
the Bay of Fundy and the Atlantic Ocean,
excepting such Islands as now are or heretofore
have been within the limits of Nova Scotia, and
whereas the several Islands in the Bay of
Passamaquoddy, which is part of the Bay of
Fundy, and the Island of Grand Menan in the said
Bay of Fundy, are claimed by the United States
as being comprehended within their aforesaid
boundaries, which said Islands are claimed as
belonging to His Britannic Majesty as having
been at the time of and previous to the
aforesaid Treaty of one thousand seven hundred
and eighty three within the limits of the
Province of Nova Scotia: In order therefore
finally to decide upon these claims it is agreed
that they shall be referred to two Commissioners
to be appointed in the following manner: viz:
One Commissioner shall be appointed by His
Britannic 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 so appointed shall be sworn
impartially to examine and decide upon the said
claims according to such evidence as shall be
laid before them on the part of His Britannic
Majesty and of the United States respectively.
The said Commissioners shall meet at St Andrews
in the Province of New Brunswick, and shall have
power to adjourn to such other place or places
as they shall think fit. The said Commissioners
shall by a declaration or report under their
hands and seals decide to which of the two
Contracting parties the several Islands
aforesaid do respectely belong in conformity
with the true intent of the said Treaty of Peace
of one thousand seven hundred and eighty three.
And if the said Commissioners shall agree in
their decision both parties shall consider such
decision as final and conclusive. It is further
agreed that in the event of the two
Commissioners differing upon all or any of the
matters so referred to them, or in the event of
both or either of the said Commissioners
refusing or declining or wilfully omitting to
act as such, they shall make jointly or
separately a report or reports as well to the
Government of His Britannic Majesty as to that
of the United States, stating in detail the
points on which they differ, and the grounds
upon which their respective opinions have been
formed, or the grounds upon which they or either
of them have so refused declined or omitted to
act. And His Britannic Majesty and the
Government of the United States hereby agree to
refer the report or reports of the said
Commissioners to some friendly Sovereign or
State to be then named for that purpose, and who
shall be requested to decide on the differences
which may be stated in the said report or
reports, or upon the report of one Commissioner
together with the grounds upon which the other
Commissioner shall have refused, declined or
omitted to act as the case may be. And if the
Commissioner so refusing, declining, or omitting
to act, shall also wilfully omit to state the
grounds upon which he has so done in such manner
that the said statement may be referred to such
friendly Sovereign or State together with the
report of such other Commissioner, then such
Sovereign or State shall decide ex parse upon
the said report alone. And His Britannic Majesty
and the Government of the United States engage
to consider the decision of such friendly
Sovereign or State to be final and conclusive on
all the matters so referred.
ARTICLE THE FIFTH.
Whereas neither that point of the Highlands
lying due North from the source of the River St
Croix, and designated in the former Treaty of
Peace between the two Powers as the North West
Angle of Nova Scotia, nor the North Westernmost
head of Connecticut River has yet been
ascertained; and whereas that part of the
boundary line between the Dominions of the two
Powers which extends from the source of the
River st Croix directly North to the above
mentioned North West Angle of Nova Scotia,
thence along the said Highlands which divide
those Rivers that empty themselves into the
River St Lawrence from those which fall into the
Atlantic Ocean to the North Westernmost head of
Connecticut River, thence down along the middle
of that River to the forty fifth degree of North
Latitude, thence by a line due West on said
latitude until it strikes the River Iroquois or
Cataraquy, has not yet been surveyed: it is
agreed that for these several purposes two
Commissioners shall be appointed, sworn, and
authorized to act exactly in the manner directed
with respect to those mentioned in the next
preceding Article unless otherwise specified in
the present Article. The said Commissioners
shall meet at se Andrews in the Province of New
Brunswick, and shall have power to adjourn to
such other place or places as they shall think
fit. The said Commissioners shall have power to
ascertain and determine the points above
mentioned in conformity with the provisions of
the said Treaty of Peace of one thousand seven
hundred and eighty three, and shall cause the
boundary aforesaid from the source of the River
St Croix to the River Iroquois or Cataraquy to
be surveyed and marked according to the said
provisions. The said Commissioners shall make a
map of the said boundary, and annex to it a
declaration under their hands and seals
certifying it to be the true Map of the said
boundary, and particularizing the latitude and
longitude of the North West Angle of Nova
Scotia, of the North Westernmost head of
Connecticut River, and of such other points of
the said boundary as they may deem proper. And
both parties agree to consider such map and
declaration as finally and conclusively fixing
the said boundary. And in the event of the said
two Commissioners differing, or both, or either
of them refusing, declining, or wilfully
omitting to act, such reports, declarations, or
statements shall be made by them or either of
them, and such reference to a friendly Sovereign
or State shall be made in all respects as in the
latter part of the fourth Article is contained,
and in as full a manner as if the same was
herein repeated.
ARTICLE THE SIXTH.
Whereas by the former Treaty of Peace that
portion of the boundary of the United States
from the point where the fortyfifth degree of
North Latitude strikes the River Iroquois or
Cataraquy to the Lake Superior was declared to
be "along the middle of said River into Lake
Ontario, through the middle of said Lake until
it strikes the communication by water between
that Lake and Lake Erie, thence along the middle
of said communication into Lake Erie, through
the middle of said Lake until it arrives at the
water communication into the Lake Huron; thence
through the middle of said Lake to the water
communication between that Lake and Lake
Superior:" and whereas doubts have arisen what
was the middle of the said River, Lakes, and
water communications, and whether certain
Islands lying in the same were within the
Dominions of His Britannic Majesty or of the
United States: In order therefore finally to
decide these doubts, they shall be referred to
two Commissioners to be appointed, sworn, and
authorized to act exactly in the manner directed
with respect to those mentioned in the next
preceding Article unless otherwise specified in
this present Article. The said Commissioners
shall meet in the first instance at Albany in
the State of New York, and shall have power to
adjourn to such other place or places as they
shall think fit. The said Commissioners shall by
a Report or Declaration under their hands and
seals, designate the boundary through the said
River, Lakes, and water communications, and
decide to which of the two Contracting parties
the several Islands lying within the said
Rivers, Lakes, and water communications, do
respectively belong in conformity with the true
intent of the said Treaty of one thousand seven
hundred and eighty three. And both parties agree
to consider such designation and decision as
final and conclusive. And in the event of the
said two Commissioners differing or both or
either of them refusing, declining, or wilfully
omitting to act, such reports, declarations, or
statements shall be made by them or either of
them, and such reference to a friendly Sovereign
or State shall be made in all respects as in the
latter part of the fourth Article is contained,
and in as full a manner as if the same was
herein repeated.
ARTICLE THE SEVENTH.
It is further agreed that the said two last
mentioned Commissioners after they shall have
executed the duties assigned to them in the
preceding Article, shall be, and they are
hereby, authorized upon their oaths impartially
to fix and determine according to the true
intent of the said Treaty of Peace of one
thousand seven hundred and eighty three, that
part of the boundary between the dominions of
the two Powers, which extends from the water
communication between Lake Huron and Lake
Superior to the most North Western point of the
Lake of the Woods;-to decide to which of the two
Parties the several Islands lying in the Lakes,
water communications, and Rivers forming the
said boundary do respectively belong in
conformity with the true intent of the said
Treaty of Peace of one thousand seven hundred
and eighty three, and to cause such parts of the
said boundary as require it to be surveyed and
marked. The said Commissioners shall by a Report
or declaration under their hands and seals,
designate the boundary aforesaid, state their
decision on the points thus referred to them,
and particularize the Latitude and Longitude of
the most North Western point of the Lake of the
Woods, and of such other parts of the said
boundary as they may deem proper. And both
parties agree to consider such designation and
decision as final and conclusive. And in the
event of the said two Commissioners differing,
or both or either of them refusing, declining,
or wilfully omitting to act, such reports,
declarations or statements shall be made by them
or either of them, and such reference to a
friendly Sovereign or State shall be made in all
respects as in the latter part of the fourth
Article is contained, and in as full a manner as
if the same was herein revealed.
ARTICLE THE EIGHTH.
The several Boards of two Commissioners
mentioned in the four preceding Articles shall
respectively have power to appoint a Secretary,
and to employ such Surveyors or other persons as
they shall judge necessary. Duplicates of all
their respective reports, declarations,
statements, and decisions, and of their
accounts, and of the Journal of their
proceedings shall be delivered by them to the
Agents of His Britannic Majesty and to the
Agents of the United States, who may be
respectively appointed and authorized to manage
the business on behalf of their respective
Governments. The said Commissioners shall be
respectively paid in such manner as shall be
agreed between the two contracting 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 equally by the two
parties. And in the case of death, sickness,
resignation, 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 Commissioner
shall take the same oath or affirmation and do
the same duties. It is further agreed between
the two contracting parties that in case any of
the Islands mentioned in any of the preceding
Articles, which were in the possession of one of
the parties prior to the commencement of the
present war between the two Countries, should by
the decision of any of the Boards of
Commissioners aforesaid, or of the Sovereign or
State so referred to, as in the four next
preceding Articles contained, fall within the
dominions of the other party, all grants of land
made previous to the commencement of the war by
the party having had such possession, shall be
as valid as if such Island or Islands had by
such decision or decisions been adjudged to be
within the dominions of the party having had
such possession.
ARTICLE THE NINTH.
The United States of America engage to put an
end immediately after the Ratification of the
present Treaty to hostilities with all the
Tribes or Nations of Indians with whom they may
be at war at the time of such Ratification, and
forthwith to restore to such Tribes or Nations
respectively all the possessions, rights, and
privileges which they may have enjoyed or been
entitled to in one thousand eight hundred and
eleven previous to such hostilities. Provided
always that such Tribes or Nations shall agree
to desist from all hostilities against the
United States of America, their Citizens, and
Subjects upon the Ratification of the present
Treaty being notified to such Tribes or Nations,
and shall so desist accordingly. And His
Britannic Majesty engages on his part to put an
end immediately after the Ratification of the
present Treaty to hostilities with all the
Tribes or Nations of Indians with whom He may be
at war at the time of such Ratification, and
forthwith to restore to such Tribes or Nations
respectively all the possessions, rights, and
privileges, which they may have enjoyed or been
entitled to in one thousand eight hundred and
eleven previous to such hostilities. Provided
always that such Tribes or Nations shall agree
to desist from all hostilities against His
Britannic Majesty and His Subjects upon the
Ratification of the present Treaty being
notified to such Tribes or Nations, and shall so
desist accordingly.
ARTICLE THE TENTH.
Whereas the Traffic in Slaves is irreconcilable
with the principles of humanity and Justice, and
whereas both His Majesty and the United States
are desirous of continuing their efforts to
promote its entire abolition, it is hereby
agreed that both the contracting parties shall
use their best endeavours to accomplish so
desirable an object.
ARTICLE THE ELEVENTH.
This Treaty when the same shall have been
ratified on both sides without alteration by
either of the contracting parties, and the
Ratifications mutually exchanged, shall be
binding on both parties, and the Ratifications
shall be exchanged at Washington in the space of
four months from this day or sooner if
practicable. In faith whereof, We the respective
Plenipotentiaries have signed this Treaty, and
have hereunto affixed our Seals.
Done in triplicate at Ghent the twenty fourth
day of December one thousand eight hundred and
fourteen.
GAMBIER. [Seal]
HENRY GOULBURN [Seal]
WILLIAM ADAMS [Seal]
JOHN QUINCY ADAMS [Seal]
J. A. BAYARD [Seal]
H. CLAY. [Seal]
JON. RUSSELL [Seal]
ALBERT GALLATIN [Seal]
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