TREATY OF Amity, Commerce, and Navigation, Between his BRITANIC MAJESTY, and the UNITED STATES of AMERICA, By their PRESIDENT, with the Advice and Consent of their SENATE.



Between his Britanic Majesty and the United States of America.

HIS Britanic 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 pretentions, 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 Hon. 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 United States, by and with the advice and consent of the Senate thereof, have appointed for their Plenipotentiary, the Hon. 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 Britanic Majesty, his heirs and successors, and the [Page] United States of America; and between their respec­tive countries, territories, cities, towns and people of every degree, without exception of persons or places.

ART. 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 arrangemnets 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 Britanic Majesty, shall be considered as having elected to become citizens of the United States.

ART. III. It is agreed that it shall at all times be free for his Majesty's subjects, and to the citizens of the Unit­ed [Page 5] 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, Harbours, Bays, or Creeks of 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 Missisippi 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 State shall not be wholly [Page 6] 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 re-passing 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 accross 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 in intended to render in a great degree, the local advantages of each party common to both, and thereby to promote a disposition favourable to friend­ship [Page 7] and good neighbourhood, 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.

ART. IV. Whereas it is uncertain whether the River Missisippi 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 negociation 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.

ART. 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 Commissions 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. [Page 8] 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 U. 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 Scretary, 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.

ART, VI. Whereas it is alledged 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, in several instances, impaired and lessened, so that by the ordinary course of judical 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 [Page 9] 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; 18 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 Cemmissioners shall [...]rst 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 evidence according as they may think most con­sistent with equity and justice, all written depositions, or books, 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 [Page 10] manner as the said Commissioners shall see cause to re­quire or allow.

The award of the said Commissioners or of any there 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 assignment 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.

ART. 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 other pro­perty under colour of authority or commissions from his Majesty, and that from various circumstances belong­ing to the said bases, 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 [Page 11] 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 conditions of such release [...] or assignments to be given by the claimants as in the said awards may be directed: And it is further agreed that not only the 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.

ART. 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 expences 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.

ART. 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 [Page 12] 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.

ART. X. Neither the debts due from individuals of the other, for 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.

ART. 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.

ART. XII. His Majesty consents that it shall and may be lawful during the time herein after 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 70 tons, any goods or merchandises being of the growth, manufacture or produce of the said States, which 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 charge 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 [Page 13] for the said American citizens to pnrchase, load and carry away in their said vesses 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 caried 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 vesses to import from the said Islands into the United States and to export from the United States to the said Islands, all articles what ever being of the growth, produce or manufacture of the said Islands, or of the United States respectively, which no man by the laws of the said United 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 year from and after the day of the signature of the preliminary 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 endeavour further to regulate their commerce in this respect ac­cording [Page 14] to the situation in which his Majesty may then find himself with respect to the West Indies, and with a view to such arangements as may best conduce to the material advantage and extensive of commerce. And the said parties will then also renew their discussions, and endeavor to agree, whether in any and what cases, [...] vessels shall protect enemy's property; and in what caes 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 re­ [...] by the articles herein after inserted on those [...].

ART. XIII. His Mejesty consents that the vessels belonging to the citizens of the U S. of America shall be admitted and hospitably received in all the sea-ports and harbours 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, should 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 Tonage duty than shall be payable on British vessels when admitted into the parts 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 [Page 15] have been occasioned by the manifest delay or negligence, or wilful omission of the claimants.

That for the purpose of ascertaining the amount any such losses and damages, five commissioners shall [...] appointed and authorized to act in London, [...] the manner directed with respect to those [...] the preceding article, and after having taken [...] oath or affirmation (mutatis mutandis) the said [...] eighteen months is also assigned for the [...] claims, and they are in like manner authorized [...] the same in particular cases. They shall [...], books, papers and evidence in the same [...], 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 [...] assignments to be given by the claimants, 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 [...] they have sustained loss and damage by reason [...] capture of the 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, Sept. 5, 1793, a copy of which is annexed [Page 16] 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 harbour 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 harbour, 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.

ART. XIV. There shall be between all the dominions of his majesty in Europe and the territories of the U. states a reciprocal and perfect liberty of commerce and naviga­tion. The people and inhabitants of the two countries shall have liberty freely and securely and without hind­rance and molestation to come with their ships and car­goes [Page 17] to the lands, countries, cities, ports, places and rivers within the dominions and terrories 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.

ART. 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 12th article of this [Page 18] 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 American vessels.

ART. 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 nor 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.

ART. 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 [...]; 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 ad­udication; and in the payment or recovery of any in­demnification [Page 19] adjudged or agreed to be paid to the masters of owners of such ships.

ART. XVIII. In order to regulate what is in future to be deemed contraband of war, it is agreed that un­der the said denomination shall be comprized all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenadoes, carcasses, saucisses, carriages for cannon, mus­ket rests, bandoliers, gunpowder, match, salt-petre, ball pikes, swords, head pieces, cutlasses, halberts, lances, javelins, horse furniture, holsters, belts, and generally other implements of war; as also timber for ship building, tar or rozin, copper in sheets, sails, hemp and cordage, and generally whatever may serve directly to 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 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 [Page 20] turned away from such port or place, but she shall not be detained not her cargo, if not contraband, be consis­cated unless after notice she shall again attempt to enter, but file 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 sound therein after the. reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or pro­prietors thereof.

ART. XIX. And that more abundant care be taken for the security of the respective subjects and citizens of the contracting parties, 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 partys 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 suretica, 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 cruize, contrary to the tenor of this treaty, or to the laws and instructions for regulating their con­duct; [Page 21] 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.

ART. 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 thair inhabitants to receive, protect, harbour, 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 goods or merchandizes taken by them and brought into the port of either of the said partie, 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.

ART. XXI. It is like wise 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. [Page 22] 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.

ART. XXII. It is. expressly stipulated that neither of the said contracting parties will order or authorise any acts of reprizal 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 demanding justice and sa­tisfaction, and the same shall either have been refused or unreasonably delayed.

ART. XXIII. The ships of war of each of the con­racting parties shall, at all times, be hospitably receiv­ed in the ports of the other, their officers and crews pay­ng 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 vessels should by stress of weather, danger from enemies or other misfortunes 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 permitted to refit and to purchase at the market price such necessaries, as she may stand in nees­of, 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 [Page 32] 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.

ART. 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 is 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.

ART. XXV. It shall be lawful for 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 end 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 more, 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 maybe, 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 shew. 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 [Page 24] if forced by stress of weather, or the danger of the sea, to enter therein, particular care shall be taken to hasten their departure, and to cause them to retire at soon as possible. Nothing in this treaty contained shall howe­ver be construed or operate contrary to former and ex­isting public treaties with other sovereign 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 right shall thus have been violated, shall use his utmost endeavors to obtain from the offending party full and ample satsfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels.

ART. 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 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, [Page 25] 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, recal, or immediately to send home the ambassador of minister of the other; and that without prejedice to their mutual friendship and good understanding.

ART. XXVII. It is further agrreed, that his Majesty and the United States, or mutual requsition 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, com­mited 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 cirminality as, according to the laws of the place, where the fugative 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 requistion, and receive the fugitive.

ART. XXVIII. It is agreed, that the first ten articles of this treaty shall be permanent, and that the subsequent article, except the twelfth, shall be limited in their dura­tion to twelve years, to be computed from the day on which the ratification 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 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 bo 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 [Page 26] in that case all the articles of this treaty, except the first ten, shall then coase 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 ratification 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, for 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 truly ratified, shall be added to, and make a part of this treaty. In faith whereof, we, the undersigned Minister 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 fixed there­to the seal of our arms.

JOHN JAY. (Seal)

CONDITIONAL RATIFICATION, On the part of the United States, In Senate, June 25, 1795

Resolved, That the Senate do consent to, and ad­vise the President of the United States, to ratify the Treaty of Amity Commerce and Navigation between his Britanic Majesty and the United States of America, con­cluded at London the 19th November 1794, on conditi­on that there be added to the said Treaty; an article [Page 27] whereby it shall be agreed to suspend the operation of so much of the 12th article as respects the trade, which 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.

And the Senate recommend to the President to pro­ceed without delay to further friendly negociations with his Majesty on the subject of the said trade, and of the terms and conditions in question.

Letter from Mr. Jefferson to Mr. Hammond, referred to in the 7th article.


I am honored with yours of August 30. Mine of the 7th of that month assured you that measures were taken for excluding from all further asylum in our ports vessels armed in them to cruize on nations with which we are at peace and for the restoration of the prizes the Lovely Lass, Prince William Henry, and the Jane of Dublin; and that should the measures for restitution fail in their effect, the President considered it as incumbent on the U. S. to make compensation for the vessels.

We are bound by our Treaties with three of the bel­ligerent nations, by all the means in our power to pro­tect and defend their vessels and effects in our ports, or waters, or on the seas near our shores, and to recover and restore the same to the right owners when taken from them. If all the means in our power are used, and fail in their effect, we are not bound by our treaties with those nations to make compensation.

Though we have no similar Treaty with Great Britain, it was the opinion of the President, that we should use towards that nation the same rule, which under this ar­ticle, was to govern us with the other nations; and e­ven to extend it to captures made on the high seas, and brought into our ports; if done by vessels which had been armed within them.

[Page 28]Having for particular reasons, forbore to use all the means in our power for the restitution of the three ves­sels mentioned in my letter of August 7th, the President thought it incumbent on the U. S. to make compensati­on for them: And though nothing was said in that let­ter of other vessels taken under like circumstances and brought in after the fifth of June, and before the date of that letter, yet when the forbearance had taken place it was and is his opinion that compensation would be e­qually due.

As to prizes make under the same circumstances, and bro't in after the date of that letter the President deter­mined that all the means in our power should be used for their restitution. If these said, as we should not be bound by our treaties to make compensation to the other powers in the analogous case, he did not mean to give an opinion that it ought to be done to Great Britain. But still if any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the President would think compensation equally incumbant on the United States.

Instructions are given to the governors of the differ­ent states to use all the means in their power for restor­ing prizes of this last description found within their ports. Tho' they will of course take measures to be informed of them, and the general government has given them the aid of the Custom House officers for this purpose, yet you will be sensible of the importance of multiplying the channels of their information as far as shall depend on yourself, or any person under your direction, in or­der that the governors may use the means in their power for making restitution.

Without knowledge of the capture they cannot re­store it. It will always be best to give the notice to them directly; but any information which you shall be pleased to send to me also at any time, shall be forward­ed to them quickly as distance will permit.

[Page 29]Hence you will perceive sir, that the President con­templates restitution or compensation in the cases before the seventh of August: and after that date restitution if it can be effected by any means in our power. And that it will be important that you should substantiate the fact, that such prizes are in our ports or waters.

Your list of the privateers illicitly armed in our port is, I believe, correct.

With respect to losses by detention, waste, spoilation sustained by vessels taken as before-mentioned between the dates of June 5th and 7th, it is proposed as a provi­sional measure, that the Collector of the customs of the district, and the British Consul, or any other person you please, shall appoint persons to establish the value of the vessel and cargo, at the time of her capture and of her arrival in the port into which she is brought, according to their value in that port. If this shall be agreeable to you, and you will be pleased to signify it to me, with the names of the prizes understood to be of this descrip­tion, instructions will be given accordingly to the Col­lector of the customs where the respective vessels are.

I have the honor to be, &c. (Signed) THOMAS JEFFERSON.
Geo. Hammond, Esq

Whilst the Treaty was under discussion in the Senate the following propositions were brought forward and respectively differed as substitutes to the resolution of ratification which ultimately prevailed.


THAT the further consideration of the Treaty con­cluded at London, the 19th of November 1794, be post­poned, and that it be recommended to the President of the United States to proceed without delay, to further friendly negociation with his Britanic Majesty, in order to effect alterations in the said treaty, in the following particulars:

[Page 30]That the 6th, 10th, and 24th articles, and to so much of the 25th as relates to the shelter of refuge to be given to the armed vessels of states or sovereigns at war with either party, be expunged.

2d. Art. That no priviledge or right be allowed to the settlers or traders mentioned in the second article, other than those which are secured to them by the Treaty of 1793, and existing laws.

3d Art. That the 3d Article be expunged, or so mo­dified that the citizens of the United States may have the use of all rivers, ports and places within the territories of his Britanic Majesty, in North America in the same manner as his subjects may have of those of the United States.

6th Art. That the value of the negroes and other property, carried away contrary to the 17th Article of the Treaty of 1783, and the loss and damage sustained by the United States, by the detention of the posts, be paid for by the British government; the amount to be ascertained by the commissioners who may be appointed to liquidate the claims of the British creditors.

12th Art. That what relates to the West India trade and the provisos and conditions thereof in the 12th Art. be expunged, or rendered much more favorable to the United States, and without any restraint on the exporta­tion in vessels of the U. States of any articles not the growth, produce or manufacture of the said Islands of his Britanic Majesty.

15th Art. That no clause be admitted which may re­strain the United States, from reciprocating benefits by discriminating between foreign nations, in their com­mercial arrangement, or prevent them from increasing the tonnage, or other duties on British vessels, on terms of reciprocity or in a stipulated ratio.

21st Art. That the subjects or citizens of either party, be not restrained from accepting commissions in the ar­my or navy of any foreign power.

[Page 31]


That the President of the United States be informed, that the Senate will not consent to the ratification of the Treaty of Amity, Commerce and Navigation, between the United States and his Brittannic Majesty, concluded at London on the 19th of November, 1794, for the rea­sons following:

  • l. Because so much of the treaty as was intended to ter­minate the complaints, flowing from the inexecution of the treaty of 1783, contains stipulations that were not rightfully or justly requirable of the United States, and which are both impolitic and injurious to their interest: and because the treaty hath not secured that satisfaction from the British government, for the removal of negroes in violation of the treaty of 1783, to which the citizens of the United States were justly entitled.
  • 2. Because the rights of individual States are, by the 9th article of this treaty, unconstitutionally invaded.
  • 3. Because however impolitic or unjust it may gener­rally be, to exercise the power prohibited by the 10th article, yet it rests on legislative discretion, and ought not to be prohibited by treaty.
  • 4. Because so much of the treaty as relates to commer­cial arrangements between the parties, wants that reci­procity, upon which alone such like arrangements ought to be founded, and will operate ruinously to the Ameri­can commerce and navigation.
  • 5. Because the treaty prevents the United States from the exercise of that controul over their commerce and navigation, as connected with other nations, which might better the condition of their intercourse with friendly nations.
  • 6. Because the treaty asserts a power in the President and Senate, to controul and even annihilate the consti­tutional right of the congress of the United States over their commercial intercourse with foreign nations.
  • [Page 32]7. Because if the construction of this treaty should not produce an infraction of the treaties now subsisting be­tween the United States and their allies, it is calculated to excite sensations which may not operate beneficially to the United States.

Notwithstanding the Senate will not consent to the ratification of this treaty, they advise the President of the United States to continue his endeavours, by friendly discussion with his Britannic Majesty, to adjust all the real causes of complaint between the two nations.

These propositions were both rejected by a vote of 20 to 10. We are informed, that the members who voted in the affirmative were,

Messrs. Bingham, Bradford, Cabot, Elsworth, Fre­linghuysen, Foster, Gunn, Henry, King, Latimer, Paine, Potts, Read, Ross, Rutherford, Strong, Trumbull, Vining, Livermore and Marshall.

In the Negative,

Brown, Bloodworth, Burr, Butler, Jackson, Lang­don, Martin, Robinson, Mason, and Tazewell.


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