Bay of Passamaquoddy.

Cessation of hostilities.

Vessels, &c. to be restored.

Prisoners of

war.

Islands of Passamaquoddy.

ing 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.

2. 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 12 days from the said ratifications upon all parts of the coast of North America, from the latitude of 23 degrees north, to the latitude of 50 degrees north, and as far eastward in the Atlantic Ocean as the 36th degree of west longitude from the meridian of Greenwich, shall be restored on each side; that the time shall be 30 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; 40 days for the North Seas, for the Baltic, and for all parts of the Mediterranean; 60 days for the Atlantic Ocean south of the equator, as far as the latitude of the Cape of Good Hope; 90 days for every other part of the world south of the equator; and 120 days for all other parts of the world without exception.

3. 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 main tenance of such prisoners.

Boundaries. 4. Whereas it was stipulated by the second article in the treaty of peace of 1783, between his Britannic Majesty and the United States of America, that the boundary of the United States should comprehend "all islands within 20 leagues "of any part of the shores of the United States, and lying between lines to be "drawn due cast 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 1783, 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 Brunswic, 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 respectively belong, in conformity with the true intent of the said treaty of peace of 1783; and if the said commissioners shall agree in their decision, both parties shall consider such decision as final and conclusive.

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sioners to be appointed.

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It is further agreed, that in the event of the two commissioners differing upon all sioners differ- or any of the matters so referred to them, or in the event of both or either of the said ing. commissioners refusing or declining, or wilfully omitting to act as such, they shall

make jointly or separately 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 parte, 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.

5. Whereas neither that point of the highlands lying due north from the source of Nova Scotia the river St. Croix, designated in the former treaty of peace between the two powers and Connectias the north-west angle of Nova Scotia, nor the north-westernmost head of Connecti- cut river. cut river, have 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 islands 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 45th degree of north latitude, thence by a line due west on said latitude until it strikes the river Iroquois or Cataraguy, has not yet been surveyed: it is agreed that for these Commis several purposes two commissioners shall be appointed, sworn and authorized, to act sioners to surexactly in the manner directed with respect to those mentioned in the next preceding vey bounarticle, unless otherwise specified in the present article.-The said commissioners shall daries. meet at St. Andrews, in the province of New Brunswic, 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 1783; and shall cause the boundary aforesaid, from the source of the river St. Croix to the river Iroquois or Cataraguy, 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.

6. Whereas by the former treaty of peace, that portion of the boundary of the River IroUnited States from the point where the 45th degree of north latitude strikes the river quois or CataIroquois or Cataraguy, to the Lake Superior, was declared to be " along the middle raguy to the "of said river into Lake Ontario, through the middle of said lake, until it strikes Lake Supe"the communication by water between that lake and Lake Erie, thence along the rior. "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 Supe"rior ;" 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 ap- Commispointed, sworn, and authorized to act exactly in the manner directed with respect to sinners to be those mentioned in the next preceding article, unless otherwise specified in this present appointed. 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

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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 1783. And both parties agree to consider such designation and decision as final and conclusive. And in the event of sioners differ- the said two commissioners differing, or both or either of them refusing, declining, or ing. 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.

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termine boundary.

7. It is further agreed, that the said two last-mentioned commissioners, after they sioners to de- 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 1783, 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 1783, 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 sioners differ- of them refusing, declining, or wilfully omitting to act, such reports, declarations, ing. 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.

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sioners to appoint a secretary.

Proceedings to be stated.

How com

8. 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 go vernments. 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 Death, &c. of 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.

missioners

to be paid. Expenses..

a commis

sioner.

Grants of lands in

ferred.

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 possession of one of islands trans- the parties prior to be 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 com meucement 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.

Indians.

9. 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 1811, 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 1811, 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.

10. Whereas the traffic in slaves is irreconcileable with the principles of humanity Slave trade. 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.

11. This treaty, when the same shall have been ratified on both sides without alter- When to be ation by either of the contracting parties, and the ratifications mutually exchanged, shall ratified. 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 thereunto affixed our seals.

Done in triplicate at Ghent, the 24th December, 1814.

GAMBIER.

H. GOULBURN.

WM. ADAMS.

JOHN QUINCY ADAMS.

J. A. BAYARD.

H. CLAY.

JON. RUSSELL.

ALBERT GALATIN.

The ratifications of the above treaty were duly exchanged at Washington, at 11 P. M. on the 17th ultimo.

Convention of Commerce between Great Britain and the United States of America,

signed at London, the 3d July, 1815.

Article 1. There shall be between all the territories of His Britannic Majesty in Liberty of Europe, and the territories of the United States, a reciprocal liberty of commerce. The commerce. inhabitants of the two countries respectively shall have liberty freely and securely to come with their ships and cargoes to all such places, ports, and rivers in the territories aforesaid, to which other foreigners are permitted to come, to enter into the same, and to remain and reside in any parts of the said territories respectively; also to hire and occupy houses and warehouses for the purposes of their commerce; and generally the merchants and traders of each nation respectively shall enjoy the most complete protection and security for their commerce; but subject always to the laws and statutes of the two countries respectively.

2. No higher or other duties shall be imposed on the importation into the territories Duties. of His Britannic Majesty in Europe, of any articles, the growth, produce, or manufacture of the United States, and no higher or other duties shall be imposed on the importation into the United States, of any articles, the growth, produce, or manufacture of His Britannic Majesty's territories in Europe, than are or shall be payable on the like articles, being the growth, produce, or manufacture of any other foreign country, nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to His Britannic Majesty's territories in Europe, or to the United States respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed upon the exportation or importation of any articles, the growth, produce, or manufacture of the United States, or of His Britannic Majesty's territories in Europe, or to or from the said territories of His Britannic Majesty in Europe, to or from the said United States, which shall not equally extend to all other nations.

No higher or other duties or charges shall be imposed in any of the ports of the United States on British vessels, than those payable in the same ports by vessels of the United States; nor in the ports of any of His Britannic Majesty's territories in Europe on the vessels of the United States, than shall be payable in the same ports on British vessels.

The same duties shall be paid on the importation into the United States of any articles, the growth, produce, or manufacture of His Britannic Majesty's territories in Europe, whether such importation shall be in vessels of the United States, or in British

Drawbacks.

West Indies.

East Indies.

vessels, and the same duties shall be paid on the importation into the ports of any of His Britannic Majesty's territories in Europe, of any article, the growth, produce, or manufacture of the United States, whether such importation shall be in British vessels or in vessels of the United States.

The same duties shall be paid, and the same bounties allowed on the exportation of any articles, the growth, produce, or manufacture of His Britannic Majesty's territories in Europe, to the United States, whether such exportation shall be in vessels of the United States or in British vessels; and the same duties shall be paid and the same bounties allowed, on the exportation of any article, the growth, produce, or manufacture of the United States, to His Britannic Majesty's territories in Europe, whether such exportation shall be in British vessels, or in vessels of the United States.

It is further agreed, that in all cases where drawbacks are or may be allowed, upon the re-exportation of any goods, the growth, produce, or manufacture of either country respectively, the amount of the said drawbacks shall be the same, whether the said goods shall have been originally imported in a British or American vessel; but when such re-exportation shall take place from the United States in a British vessel, or from the territories of His Britannic Majesty in Europe in an American vessel, to any other foreign nation, the two contracting parties reserve to themselves, respectively, the right of regulating or diminishing, in such case, the amount of the said drawback.

The intercourse between the United States and His Britannic Majesty's possessions in the West Indies, and on the continent of North America, shall not be affected by any of the provisions of this Article, but each party shall remain in the complete possession of its rights, with respect to such an intercourse.

3. His Britannic Majesty agrees that the vessels of the United States of America shall be admitted, and hospitably received, at the principal settlements of the British dominions in the East Indies, viz. Calcutta, Madras, Bombay, and Prince of Wales's Island, and that the citizens of the said United States may freely carry on trade between the said principal settlements and the said United States, in all articles of which the importation and exportation respectively, to and 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 state or power whatever, to export from the said territories, without the special permission of the British government, any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels, when admitted, no higher or other duty or charge than shall be payable on the vessels of the most favoured European nations, and they shall pay no higher or other 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 the vessels of the most favoured European nations.

But it is expressly agreed, that the vessels of the United States shall not carry any articles from the said principal settlements to any port or place, except to some port or place in the United States of America, where the same shall be unladen.

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 the vessels of the United States having, in the first instance, proceeded to one of the said principal settlements of the British dominions in the East Indies, and then going with their original cargoes or any part thereof, from one of the said principal settlements to another, shall not be considered as carrying on the coasting trade. The vessels of the United States may also touch for refreshments, but not for commerce, in the course of their voyage to or from the British China, Cape territories in India, or to or from the dominions of the Emperor of China, at the Cape of Good Hope, the Island of St. Helena, or such other places as may be in the possession of Great Britain, in the African or Indian seas; it being well understood that in all that regards this article, the citizens of the United States shall be subject in all respects to the laws and regulations of the British government from time to time established.

of Good Hope, St. Heleua, &c.

Consuls.

[As to St. Helena, see the Declaration at the end of this treaty.]

4. It shall be free for each of the two contracting parties respectively to appoint consuls, for the protection of trade, to reside in the dominions and territories of the other party; but before any consul shall act as such, he shall in the usual form be approved and admitted by the government to which he is sent; and it is hereby declared, that in case of illegal and improper conduct towards the laws or government of the country to which he is sent, such consul may either be punished according to law, if