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When re-cap

of war, they

shall be restored.

ARTICLE III.

In case a vessell shall have been re-captured by a vessell of war, betured by vessels longing to the States-General of the United Netherlands, or to the United States of America, she shall be restored to the first owner, he paying a thirtieth part of the value of the ship, her cargo, cannons and apparel, if she has been re-captured in the interval of twenty-four hours, and the tenth part if she has been re-captured after the twenty-four hours; which sums shall be distributed in form of gratifications to the crews of the vessells which shall have re-taken her. The valuation of the said thirtieth parts and tenth parts, shall be regulated according to the tenour of the first article of the present convention.

Restitution to be made in rea

sonable time.

Vessels of war and privateers to be admitted

with their prizes

both nations.

ARTICLE IV.

The restitution of prizes, whether they may have been re-taken by vessells of war or by privateers, in the mean time and untill requisite and sufficient proofs can be given of the property of vessells re-captured, shall be admitted in a reasonable time, under sufficient sureties for the observation of the aforesaid articles.

ARTICLE V.

The vessells of war and privateers, of one and of the other of the two nations, shall be reciprocally, both in Europe and in the other parts of the world, admitted in the respective ports of each, with their prizes, into the ports of which may be unloaded and sold according to the formalities used in the state where the prize shall have been conducted, as far as may be consistent with the twenty-second article of the treaty of commerce : Provided always, That the legality of prizes by the vessells of the Low Countries, shall be decided conformably to the laws and regulations established in the United Netherlands; as likewise, that of prizes made by American vessells, shall be judged according to the laws and regulations determined by the United States of America.

Each nation may make regulations.

ARTICLE VI.

Moreover, it shall be free for the States-General of the United Netherlands, as well as for the United States of America, to make such regulations as they shall judge necessary, relative to the conduct which their respective vessells and privateers ought to hold in relation to the vessells which they shall have taken and conducted into the ports of the two powers.

In faith of which, We the Deputies and Plenipotentiaries of the Lords the States General of the United Netherlands, and Minister Plenipotentiary of the United States of America, have, in virtue of our respective authorities and full powers, signed these presents, and confirmed the same with the seal of our arms.

Done at the Hague, the eight of October, one thousand seven hundred eighty-two.

( L. S. ) JOHN ADAMS..

ARTICLE III.

Ingevalle een schip zal hernomen geweest zyn door een oorlog-schip of vaartuig, toebehoorende aan de Staten Generaal der Vereenigde Nederlanden of aan de Vereenigde Staten van America, zal het zelve aan den eersten eigenaer wedergegeeven worden, mits betalende een dertigste gedeelte van de waarde van het schip en deszelfs laading, canons, en scheepstoerustingen, by aldien het binnen de vier en twintig uuren hernomen is, en het tiende gedeelte zoo het naa de vier en twintig uuren hernomen is: welke sommen als een gratificatie verdeeld zullen worden onder de equipagien van de scheepen die het zelve hernomen zullen hebben. De begroting der bovengemelde dertigste, en tiende gedeeltens zal gereguleerd worden naar luid van het eerste articul der jegenswoordige conventie.

ARTICLE IV.

De restitutie der pryzen het zy door oorlogscheepen of kapers hernomen, zal ondertusschen en tot dat behoorlyk en voldoende bewys van den eigendom der hernomen scheepen gegeeven kan werden, onder suffisante cautie wegens het nakomen der bovenstaande articulen, binnen een reedelyken tyt geadmitteert werden.

ARTICLE V.

De oorlog en kaper scheepen van de eene en de andere der beide natien zullen wederzyds, zoo in Europa als in de andere weereldsdeelen in elkanders respective havens toegelaten worden met hunne pryzen, welke aldaar zullen mogen ontladen en verkocht worden, naar de formaliteiten gebruikelyk in den staat, alwaar de prys zal weezen opgebragt, soo verhet bestaanbaar is met het 22ste articul van het tractaat van commercie; met dien ver stande, dat de wettigheid der prysen door Nederlandsche scheepen gemaakt zal beslist worden, naar luid der wetten en reglementen, te deezer zake in de Vereenigde Nederlanden, vast gesteld, gelyk ook die der pryzen door Americaansche scheepen gemaakt, zal beoordeelt worden volgens de wetten en reglementem by de Vereenigde Staten van America bepaald.

ARTICLE VI.

Voor het overige zal het aan de Staten Generaal der Vereenigde Nederlanden, als meede aan de Vereenigde Staten van America vry staan, zodanige reglementen te maken als zy zullen oordeelen te behooren; met betrekking tot het gedrag't geen hunne scheepen en kapers weedersyds verpligt zullen weezen te houden, ten opzigt der scheepen die zy genomen, en opgebragt zullen hebben in de havens der beide mogendheeden.

Ten oirkonde deezes, hebben Wy Gedeputeerden en Plenipotentiarissen van de Heeren Staten Generaal der Vereenigde Nederlanden, en Minister Plenipotentiaris der Vereenigde Staten van America, uyt kragt van onze respective authorisatie en plein pouvoir, deeze onderteekent en met onze gewoone cachetten bekragtigt.

Gedaan in's Hage, den agtsten October, een duysent seeven hondert twee en tagtig.

(L. S.) GEORGE VAN RANDWYCK.
B. V. D. SANTHEUVEL.

(L. S.)

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W. C. H. VAN LYNDEN.
D. J. VAN HEECKEREN.

JOAN VAN KUFFELER.

F. G. VAN DEDEM, tot den Gelder.
H. TJASSENS.

PROVISIONAL ARTICLES

Between the United States of America, and his Britannic

Majesty. (a)

ARTICLES

Nov. 30, 1782. Agreed upon, by and between Richard Oswald, Esquire, the Commissioner of His Britannic Majesty, for treating of Peace with the Commissioners of the United States of America, in Behalf of his said Majesty, on the one Part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, four of the Commissioners of the said States, for treating of Peace with the Commissioner of His said Majesty, on their Behalf, on the other Part, to be inserted in, and to constitute the Treaty of Peace, proposed to be concluded between the Crown of Great-Britain and the said United States; but which Treaty is not to be concluded untill Terms of a Peace shall be agreed upon between Great-Britain and France; and His Britannic Majesty shall be ready to conclude such Treaty accordingly.

WHEREAS reciprocal advantages and mutual convenience are found by experience to form the only permanent foundation of peace and friend

(a) The Treaties and Conventions between the United States and Great Britain have been: Articles agreed upon, by and between Richard Oswald, Esquire, the Commissioner of His Britannic Majesty, for treating of peace with the Commissioners of the United States of America, in behalf of his said Majesty, on the one part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, four of the Commissioners of the said States, for treating of peace with the Commissioner of his said Majesty, on their behalf, on the other part, to be inserted in, and to constitute the Treaty of Peace, proposed to be concluded between the Crown of Great Britain and the said United States; but which Treaty is not to be concluded until terms of peace shall be agreed upon between Great Britain and France; and His Britannic Majesty shall be ready to conclude such Treaty accordingly. Done at Paris, November 30, 1782.

Armistice, declaring a cessation of hostilities between the United States and Great Britain. Versailles, January 20, 1783; post, 58.

Definitive Treaty of Peace between the United States of America and his Britannic Majesty. Done at Paris, September 3, 1783; post, 80.

Treaty of Amity, Commerce and Navigation between his Britannic Majesty and the United States of America by their President, with the advice and consent of the Senate. November 19, 1794; post, 116. Additional article. Done at Philadelphia, May 4, 1796; post, 130.

Second explanatory article. Done at London the 15th March, 1798; post, 131.

Convention between the United States and Great Britain. Done at London, January 8, 1802; post, 196. Treaty of Peace and Amity between his Britannic Majesty and the United States. Negotiated at Ghent, December 24, 1814. Ratified, February 17, 1815; post, 218.

A convention to regulate commerce between the Territories of the United States and his Britannic Majesty. London, July 3, 1815; post, 228.

Arrangement limiting the number of American and British vessels of war to be maintained on the Lakes. Washington, April, 1817; post, 231.

Convention with Great Britain. October 20, 1818; post, 248.

Convention at St. Petersburg. Done at St. Petersburg,

30

day of

12

June,
July,

1822; post, 282.

Convention awarding the amount of indemnification under the St. Petersburg Convention. November 13, 1826; post, 344.

Convention regulating the reference between the United States and Great Britain on the settlement of the boundary line described in the fifth article of the Treaty of Ghent. September 29, 1827; post, 362. Convention continuing the provision of the third article of the convention of the twentieth of October, 1818. August 6, 1827; post, 360.

Renewal of the commercial convention of third July, 1815. August 6, 1827; post, 361.

Treaty between the United States of America and Great Britain. Washington, August 9, 1842; post, 554.

ship between states: it is agreed to form the articles of the proposed treaty, on such principles of liberal equity and reciprocity, as that partial advantages (those seeds of discord) being excluded, such a beneficial and satisfactory intercourse between the two countries may be established, as to promise and secure to both perpetual peace and harmony.

ARTICLE I.

United States

vereign and in

dependent.

His Britannic Majesty acknowledges the said United States, viz. New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence acknowledged Plantations, Connecticut, New-York, New-Jersey, Pensylvania, Dela- to be free, soware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, to be free, sovereign and independent States; that he treats with them as such; and for himself, his heirs and successors, relinquishes all claims to the gouvernment, propriety and territorial rights of the same, and every part thereof. And that all disputes which might arise in future, on the subject of the boundaries of the said United States, may be prevented, it is hereby agreed and declared, that the following are, and shall be their boundaries, viz.

ARTICLE II.

From the north-west angle of Nova-Scotia, viz. that angle which is formed by a line, drawn due north from the source of St. Croix river to the Highlands; along the Highlands which divide those rivers, that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut river, thence down along the middle of that river, to the forty-fifth degree of north latitude; from thence, by a line due west on said latitude, untill it strikes the river Iroquois or Cataraquy; thence 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 untill it arrives at the water-communication between that lake and lake Huron; thence along the middle of said water-communication into the lake Huron; thence through the middle of said lake to the water-communication between that lake and lake Superior; thence through lake Superior northward of the isles Royal and Phelippeaux, to the Long Lake; thence through the middle of said Long Lake, and the water-communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said lake to the most north-western point thereof, and from thence on a due west course to the river Missisippi; thence by a line to be drawn along the middle of the said river Missisippi untill it shall intersect the northernmost part of the thirty-first degree of north latitude. South by a line to be drawn due east from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the Equator, to the middle of the river Apalachicola or Catahouchi; thence along the middle thereof to its junction with the Flint river; thence strait to the head of St. Mary's river; and thence down along the middle of St. Mary's river to the Atlantic ocean. East by a line to be drawn along the middle of the river St. Croix, from its mouth in the Bay of Fundy to its source, and from its source directly north to the aforesaid Highlands which divide the rivers that fall into the Atlantic ocean, from those which fall into the river St. Laurence; comprehending 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 EastFlorida 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 the said province of Nova-Scotia.

Boundaries established.

Right of fishe. ry secured.

Debts to be paid.

Congress to

recommend to tution of confis

the states resti

cated estates.

No further

ARTICLE III.

It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfoundland; also in the gulph of St. Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish; and also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use (but not to dry or cure the same on that island); and also on the coasts, bays and creeks of all other of his Britannic Majesty's dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours and creeks of Nova-Scotia, Magdalen islands, and Labrador, so long as the same shall remain unsettled; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, proprietors or possessors of the ground.

ARTICLE IV.

It is agreed that creditors on either side, shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.

ARTICLE V.

It is agreed that the Congress shall earnestly recommend it to the legislatures of the respective states, to provide for the restitution of all estates, rights and properties, which have been confiscated, belonging to real British subjects, and also of the estates, rights and properties of persons resident in districts in the possession of his Majesty's arms, and who have not borne arms against the said United States. And that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months, unmolested in their endeavours to obtain the restitution of such of their estates, rights and properties, as may have been confiscated; and that Congress shall also earnestly recommend to the several states a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation, which on the return of the blessings of peace should universaly prevail. And that Congress shall also earnestly recommend to the several states, that the estates, rights and properties of such last mentioned persons, shall be restored to them, they refunding to any persons who may be now in possession, the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights and properties, since the confiscation. And it is agreed, that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

ARTICLE VI.

That there shall be no future confiscations made, nor any prosecuconfiscations or tions commenced against any person or persons for, or by reason of the prosecutions. part which he or they may have taken in the present war; and that no person shall on that account, suffer any future loss or damage, either in his person, liberty or property, and that those who may be in confinement on such charges, at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued.

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