Page images
PDF
EPUB

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. Andrew's, in the province of New Brunswick, and shall have power to adjourn to such other place or places as they shall think fit. The said commissioners shall, by a declaration or report, under their hands and seals, decide to which of the two contracting parties the several islands aforesaid do 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.

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

Art. V. Whereas neither that point of the high lands lying due north from the source of the river St. Croix, designated in the former treaty of peace between the two powers as the north-west angle of Nova Scotia, nor the north-westernmost head of Connecticut river, 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 northwest angle of Nova Scotia, thence along the said high lands which divide those rivers that empty themselves into the river St. Lawrence from those which fall into the Atlantic ocean, to the north-westernmost head of Connecticut river, thence down along the middle of that river to the forty-fifth degree of north latitude, thence by a line due west on said latitude until it strikes the river Iroquois, or Cataraguy, has not yet been surveyed, it is agreed that for these several purposes two commissioners shall be appointed, sworn, and authorised, to act exactly in the manner directed with respect to those men

[ocr errors]

tioned in the next preceding article, unless lakes, and water communications, and wheotherwise specified in the present article. ther certain islands lying in the same were The said commissioners shall meet at St. An- within the dominions of his Britannic madrew's, in the province of New Brunswick, jesty or of the United States. In order, and shall have power to adjourn to such other therefore, finally to decide these doubts, they place or places as they shall think fit. The shall be referred to two commissioners, to be said commissioners shall have power to ascer- appointed, sworn, and authorised to act extain and determine the points above men- actly in the manner directed with respect to tioned, in conformity with the provisions of those mentioned in the next preceding arthe said treaty of peace of 1783; and shall ticle, unless otherwise specified in this precause the boundary aforesaid, from the source sent article. The said commissioners shall of the river St. Croix to the river Iroquois, meet, in the first instance, at Albany, in the or Cataraguy, to be surveyed and marked state of New York, and shall have power to according to the said provisions; the said adjourn to such other place or places as they commissioners shall make a map of the said shall think fit. The said commissioners shall, boundary, and annex to it a declaration un- by a report or declaration, under their hands der their hands and seals, certifying it to be and seals, designate the boundary through a true map of the said boundary, and parti- the said river, lakes, and water communicacularising the latitude and longitude of the tions, and decide to which of the two connorth-west angle of Nova Scotia, of the north- tracting parties the several islands lying westernmost head of Connecticut river, and within the said rivers, lakes, and water comof such other points of the said boundary as munications, do respectively belong, in conthey may deem proper: and both parties formity with the true intent of the said treaty agree to consider such map and declaration of 1783. And both parties agree to consider as finally and conclusively fixing the said such designation and decision as final and boundary. And in the event of the said two conclusive. And in the event of the said commissioners differing, or both, or either of two commissioners differing, or both or either them, refusing, declining, or wilfully omitting of them refusing, declining, or wilfully omitto act, such reports, declarations, or state- ting to act, such reports, declarations, or ments, shall be made by them, or either of statements, shall be made by them, or either them, and such reference to a friendly soveof them, and such reference to a friendly reign or state shall be made in all respects, sovereign or state shall be made, in all reas in the latter part of the fourth article is spects as in the latter part of the fourth arcontained, and in as full a manner as if the ticle is contained, and in as full a manner as same was herein repeated. if the same was herein repeated.

Art. VI. Whereas by the former treaty of peace, that portion of the boundary of the United States, from the point where the forty-fifth degree of north latitude strikes the river Iroquois, or Cataraguy, to the lake Superior, was declared to be" along the middle of said river into lake Ontario, through the middle of said lake, until it strikes the communication by water between that lake and lake Erie; thence along the middle of said communication into lake Erie, through the middle of said lake, until it arrives at the water communication into the lake Huron, thence through the middle of said lake to the water communication between that lake and lake Superior;" and whereas doubts have arisen what was the middle of the said river,

Art. VII. It is further agreed, that the said two last mentioned commissioners, after they shall have executed the duties assigned to them in the preceding article, shall be, and they are hereby authorised 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 communica tion 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 commis sioners shall, by a report or declaration under their hands and seals, designate the boundary aforesaid, state their decision on the paints thus referred to them, and particularise the latitude and longitude of the most northwestern 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 deci. sion as final and conclusive. And in the event of the said two commissioners differ ing, 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.

pre

Art. VIII. The several boards of two commissioners, mentioned in the four ceding 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 authorised to manage the business on behalf of their respective governments. The said commissioners shall be respectively paid in such manner as shall be agreed between the two contracting parties, such agreement being to be settled at the time of the exchange of the ratifications of this treaty. And all And all other expenses attending the said commis sions shall be defrayed equally by the two parties. And in the case of death, sickness, resignation, or necessary absence, the place every such commissioner respectively shall be supplied in the same manner as such.com missioner was first appointed, and the new commissioner shall take the same oath or affirmation, and do the same duties.

of

It is further agreed between the two con

tracting parties, that in case of any of the islands mentioned in any of the preceding articles, which were in the possession of one of the parties prior to the commencement of the present war between the two countries, should, by the decision of any of the boards of commissioners aforesaid, or of the sove reign or state so referred to as in the four next preceding articles contained, fall within the dominions of the other party, all grants of land made previous to the commencement of the war by the party having had such possession, shall be as valid as if such island or islands had by such decision or decisions been adjudged to be within the dominions of the party having had such possession.

Art. IX. 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 posses sions, 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.

Art. X. Whereas the traffic in slaves is irreconcileable with the principles of humanity and justice, and whereas both his ma jesty 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. Art. XI. This treaty, when the same shall have been ratified on both sides without alteration by either of the contracting parties, and the ratifications mutually exchanged, shall be binding on both parties; and the ratifications shall be exchanged at Washington, in the space of four months from this day, or sooner if practicable.

In faith whereof, we the respective plenipotentiaries, have signed this treaty, and have thereunto affixed our seals.

Done in triplicate, at Ghent, the twentyfourth day of December, one thousand eight hundred and fourteen.

[blocks in formation]

On February first, the president of the United States sent a message to both houses of congress, accompanying the treaty of peace. In this paper, after some general observations on the policy of being at all times in a state of preparation against the possible necessity of having again recourse to arms, the president expressed his confidence that the wisdom of congress would provide for the maintenance of an adequate regular force, for the gradual advance of the naval establishment, for improving all the means of harbour defence, for adding discipline to the bravery of the militia, and for cultivating the art military in all its essential branches, under the liberal patronage of government. The peace establishment, after much debate between the two houses, was fixed at 10,000 regulars; from which small number it may be concluded, that a general aversion existed against any attempt to promote a spirit of conquest in the United States.

A treaty between major Jackson and the Creek Indians, by which the war of the latter against the United States had been ter

minated in August 1814, was ratified by the president and senate. The naval force of the United States, which had been set free by the peace of Great Britain, was at the same time usefully and honourably employed in avenging the piracy of the Barbary states on the commerce of the Americans. A squadron commanded by commodore Decatur sailed to the Mediterranean, and on June 20th engaged an Algerine fleet, of which two ships were taken; one being that of the admiral. After this victory he proceeded to Algiers, the dey of which entered into a treaty, by which the tribute demanded from the Americans was for ever relinquished.Decatur then landing in the bay of Tunis, demanded satisfaction of the government for having suffered two prizes made by the Americans, and carried into that port, to be taken out by a British ship of war. He obliged the bey to pay the damage into the hands of the American consul; and sailing to Tripoli, compelled, by menaces, the pashaw of that place to pay 25,000 dollars, by way of indemnity. Commodore Bambridge, the American commander in chief, afterwards adopted precautionary measures for preventing any future depredations on the commerce of the United States by the Barbary corsairs.

The war with Great Britain having left the American warehouses exhausted of their store of many necessary articles, as soon as peace was restored their ships came in numbers to the British ports and renewed their usual commercial transactions, to the benefit of both countries. The sense each entertained of the mutual advantages to be derived from an intimate correspondence, and their disposition to forget past animosities, were agreeably displayed by a " convention to regulate the commerce between the territories of the United States of America and those of his Britannic majesty," agreed upon by the negociators on each part, in London, on July 3d, and ratified by the American president in December. Of its articles, the first stipulates generally a reciprocal liberty of commerce between the countries: 2. That no other duties on export or import, on either side, shall be imposed on the produce or manufactures of each country, than on the like goods to or from any other country; and

that the duties on shipping and goods imported shall be the same, whether the vessels be British or American; the same principle also to apply to drawbacks and bounties: 3. American vessels are to be admitted to trade with the four principal British settlements in the East Indies, paying no higher duties than the most favoured nations; but they are not to carry their cargoes direct to any other port than in the United States, there to be unladen; and also are not to engage in the British coasting trade of the East Indies: 4. Consuls for the protection of trade are to reside freely in each country: 5. This convention is to continue in force during four years.

On December 5th, president Madison transmitted to both houses of congress a message, in which a detailed account is given of the most important occurrences since their last meeting. It begins with relating the successful termination of the war which had been commenced by the regency of Algiers against the United States. It is next mentioned, as a source of satisfaction, that the treaty of peace with Great Britain has been succeeded by a commercial convention, the disposition shown in which, it is hoped, will be improved into liberal arrangements on other subjects which might otherwise endanger future harmony. The existing relations between the states and the Indians on their frontiers are then adverted to; and it is said, that whilst treaties of amity have been entered into with the greater part of the tribes on the western and north-western borders, a restlessness has been manifested by those on the southern frontier, who had been chastised into peace, which has called for preparatory measures to repress it. Two following paragraphs relate to the act passed for the military peace establishment, respecting which difficulties had occurred which still required legislative aid. The revival of the public credit is then spoken of with satisfaction, and a statement is given of the late receipts into the treasury. The national debt, as ascer, tained in Ŏctober last, is reckoned at 120 millions of dollars, to which some addition would probably occur on the liquidation of the public accounts; and it is observed that the improved condition of the revenue would

not only afford the means of maintaining the faith of the government towards its creditors, but would justify an immediate alleviation of burdens imposed by the war. Various objects of internal improvement are then pointed out for the consideration of congress, among which is the establishment of a national seminary of learning within the district of Columbia. The message closes with a congratulatory view of the situation and prospects of the country. 66 Whilst other portions of mankind (says the president) are labouring under the distresses of war, or struggling with adversity in other forms, the United States are in the tranquil enjoyment of prosperous and honourable peace. In reviewing the scenes through which it has been attained, we can rejoice in the proofs given, that our political institutions, founded in human rights, and framed for their preservation, are equal to the severest trials of war, as well as adapted to the ordinary periods of repose."

The political tumults by which France was agitated during the present year were extended to the West Indies. At Martinique, the troops who were in possession of the forts displayed such a disposition to mount the tri-coloured cockade, and declare for Buonaparte, that the count de Vau girard, governor of the island, found it necessary to anticipate an open revolt, by assembling the soldiery and releasing from their obligations such of the soldiers as desired it; at the same time informing them that they must quit Martinique, and that an attempt to raise the standard of rebellion would be resisted by force. A revolutionary movement could not, however, have been prevented, if sir James Leith, commander of the British military force in the leeward islands, had not sent over from St. Lucie an auxiliary body of troops, which, landing in the island on June the 5th, occupied all the strong positions. The whole of the French troops, with the exception of part of a regiment, were afterwards permitted to depart from the island unarmed. The terms on which this succour was afforded were perfectly liberal. The sovereignty of the island was to remain entire in the king

« PreviousContinue »