Appendix or State should be willing or able to undertake the office of investigating and arbitrating upon them, it is hereby agreed to substitute for those Reports new Conven- and separate Statements of the respective cases, severally drawn up by each of the Contracting Parties, in such form and terms as each may think fit. tion, 1827. The said Statements, when prepared, shall be mutually communicated to each other by the Contracting Parties; that is to say, by Great Britain to the Minister, or Chargé d'Affaires, of the United States, at London; and by the United States to His Britannic Majesty's Minister, or Chargé d'Affaires, at Washington, within fifteen months after the exchange of the Ratifications of the present Convention. After such communication shall have taken place, each Party shall have the power of drawing up a second and definitive Statement, if it thinks fit so to do, in reply to the Statement of the other Party so communicated, which definitive Statements shall also be mutually communicated, in the same manner as aforesaid, to each other, by the Contracting Parties, within twenty-one months after the exchange of the Ratifications of the present Convention. ARTICLE III. Each of the Contracting Parties shall, within nine months after the exchange of Ratifications of this Convention, communicate to the other, in the same manner as aforesaid, all the evidence intended to be brought in support of its Claim, beyond that which is contained in the Reports of the Commissioners, or Papers thereunto annexed, and other written Documents laid before the Commission under the fifth Article of the Treaty of Ghent. Each of the Contracting Parties shall be bound, on the application of the other Party, made within six months after the exchange of the Ratifications of this Convention, to give authentic copies of such individually specified Acts of a public nature, relating to the Territory in question, intended to be laid as evidence before the Arbiter, as have been issued under the authority, or are in the exclusive possession, of each Party. No Maps, Surveys, or topographical evidence of any description, shall be adduced by either Party beyond that which is hereinafter stipulated; nor shall any fresh evidence, of any description, be adduced or adverted to, by either Party, other than that mutually communicated or applied for, as aforesaid. Each Party shall have full power to incorporate in, or annex to, either its first or second statement, any portion of the Reports of the Commissioners, or Papers thereunto annexed, and other written Documents laid before the Commission under the fifth Article of the Treaty of Ghent, or of the other evidence mutually communicated or applied for, as above provided, which it may think fit. ARTICLE IV. The Map, called Mitchell's Map, by which the framers of the Treaty of 1783 are acknowled to have regulated their joint and official proceedings, and the Map A, which has been agreed on by the Contracting Parties, as a delineation of the Water Courses, and of the Boundary Lines in reference to the said Water Courses, as contended for by each Party respectively, and which has accordingly been signed by the above named Plenipotentiaries at the same time with this Convention, shall be annexed to the Statements of the Contracting Parties, and be the only Maps that shall be considered as evidence, mutually acknowledged by the Contracting Parties, of the topography of the Country. It shall, however, be lawful for either Party to annex to its respective first Statement, for the purposes of general illustration, any of the Maps, Surveys, or topographical delineations which were filed with the Commissioners under the fifth Article of the Treaty of Ghent, any engraved Map heretofore published, and also a transcript of the above-mentioned Map A, or of a section thereof, in which transcript each Party may lay down the Highlands, or other features Appendix. of the Country as it shall think fit; the Water Courses, and the Boundary Lines, Convenas claimed by each Party, remaining as laid down in the said Map A. But this transcript, as well as all the other Maps, Surveys, or topographical delineations, other than the Map A, and Mitchell's Map, intended to be thus annexed by either Party to the respective Statements, shall be communicated to the other Party, in the same manner as aforesaid, within nine months after the exchange of the Ratifications of this Convention, and shall be subject to such objections and observations as the other Contracting Party may deem it expedient to make thereto, and shall annex to his first Statement, either in the margin of such transcript, Map or Maps, or otherwise. ARTICLE V. All the Statements, Papers, Maps, and Documents above-mentioned, and which shall have been mutually communicated as aforesaid, shall, without any addition, subtraction, or alteration whatsoever, be jointly and simultaneously delivered in to the Arbitrating Sovereign or State, within two years after the exchange of Ratifications of this Convention, unless the Arbiter should not, within that time, have consented to act as such; in which case all the said Statements, Papers, Maps, and Documents shall be laid before him within six months after the time when he shall have consented so to act. No other Statements, Papers, Maps or Documents shall ever be laid before the Arbiter, except as hereinafter provided. ARTICLE VI. In order to facilitate the attainment of a just and sound decision on the part of the Arbiter, it is agreed that, in case the said Arbiter should desire further elucidation or evidence, in regard to any specific point contained in any of the said statements submitted to him, the requisition for such elucidation or evidence, shall be simultaneously made to both parties, who shall thereupon be permitted to bring further evidence, if required, and to make each a written reply to the specific questions submitted by the said Arbiter, but no further; and such evidence and replies shall be immediately communicated by each Party to the other. And in case the Arbiter should find the topographical evidence laid, as aforesaid, before him, insufficient for the purposes of a sound and just decision, he shall have the power of ordering additional Surveys to be made of any portions of the disputed Boundary Line or Territory, as he may think fit; which Surveys shall be made at the joint expence of the Contracting Parties, and be considered as conclusive by them. ARTICLE VII. The decision of the Arbiter, when given, shall be taken as final and conclusive; and it shall be carried, without reserve, into immediate effect, by Commissioners appointed, for that purpose, by the Contracting Parties. ARTICLE VIII. This Convention shall be ratified, and the Ratifications shall be exchanged in nine months from the date hereof, or sooner, if possible. In witness whereof, we, the respective Plenipotentiaries, have signed the same, and have affixed thereto the Seals of our Arms. Done at London, the twenty-ninth day of September, in the year of our (L.S.) CHA. GRANT. (L.S.) HENRY UNWIN ADDINGTON. tion, 1827. No. 2. Appendix. THE DEFINITIVE TREATY of Peace and Friendship between His Britannic Majesty, and the United States of America.-Signed at Paris, the 3rd of September, 1783. Treaty, 1783. In the Name of the Most Holy and Undivided Trinity. Ir having pleased the Divine Providence to dispose the hearts of the Most Serene and Most Potent Prince, George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburgh, Arch-Treasurer and Prince Elector of the Holy Roman Empire, &c., and of the United States of America, to forget all past misunderstandings and differences that have unhappily interrupted the good correspondence and friendship which they mutually wish to restore; and to establish such a beneficial and satisfactory intercourse between the two Countries, upon the ground of reciprocal advantages and mutual convenience, as may promote and secure to both perpetual peace and harmony; and having for this desirable end already laid the foundation of Peace and Reconciliation, by the Provisional Articles signed at Paris, on the 30th November, 1782, by the Commissioners empowered on each part; which Articles were agreed 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 was not to be concluded until terms of Peace should be agreed upon between Great Britain and France, and His Britannic Majesty should be ready to conclude such Treaty accordingly; and the Treaty between Great Britain and France having since been concluded, His Britannic Majesty and the United States of America, in order to carry into full effect the Provisional Articles above-mentioned, according to the tenor thereof, have constituted and appointed, that is to say, His Britannic Majesty, on His part, David Hartley, Esq. Member of the Parliament of Great Britain; and the said United States, on their part, John Adams, Esq., late a Commissioner of the United States of America, at the Court of Versailles, late Delegate in Congress from the State of Massachusets, and Chief Justice of the said State, and Minister Plenipotentiary of the said United States to their High Mightinesses the States General of the United Netherlands; Benjamin Franklin, Esq., late Delegate in Congress from the State of Pennsylvania, President of the Convention of the said State, and Minister Plenipotentiary from the United States of America at the Court of Versailles; John Jay, Esq., late President of Congress, and Chief Justice of the State of New York, and Minister Plenipotentiary from the said United States at the Court of Madrid; to be the Plenipotentiaries for the concluding and signing the present Definitive Treaty: Who, after having reciprocally communicated their respective Full Powers, have agreed upon and confirmed the following Articles: ARTICLE I. His Britannic Majesty acknowledges the said United States, viz. New Hampshire, Massachusets Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, 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 Government, Propriety and Territorial Rights of the same, and every part thereof. Treaty of 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 1783. and declared that the following are and shall be their Boundaries; viz., from the north-west angle of Nova Scotia, viz., that angle which is formed by a line drawn due north from the source of Saint Croix River to the Highlands, along the said Highlands which divide those rivers that empty themselves into the River St. Lawrence, from those which fall into the Atlantic Ocean, to the north-westernmost head of Connecticut River; thence down along the middle of that river to the forty-fifth degree of north latitude; from thence by a line due west on said latitude until 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, until 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 watercommunication between that lake and Lake Superior; thence through Lake Superior, northward of the Isles Royal and Phelipeaux, 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 Mississippi; thence by a line to be drawn along the middle of the said River Mississippi, until 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 Catahouche; thence along the middle thereof to its junction with the Flint River; thence straight 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. Lawrence; 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 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 the said Province of Nova Scotia. 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 other Banks of Newfoundland: also in the Gulf 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. C Appendix. Treaty of 1783. 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 bonâ 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 universally 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 bonâ fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights, or 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 prosecutions commenced against any person or persons, for or by reason of the 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. ARTICLE VII. There shall be a firm and perpetual Peace between His Britannic Majesty and the said States, and between the subjects of the one and the citizens of the other, wherefore all hostilities both by sea and land shall from henceforth cease: All prisoners on both sides shall be set at liberty, and His Britannic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States, and from every port, place, and harbour within the same; leaving in all fortifications the American artillery that may be therein: And shall also order and cause all archives, records, deeds and papers belonging to any of the said States, or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper States and persons to whom they belong. |