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In regard to other boundaries the American Plenipotentiaries in their note of August 24th, appeared in some measure to object to the propositions then made by the unders signed as the basis of uti possidetis. The undersigned are willing to treat on that basis, subject to such modifications as mutual convenience may be found to require, and they trust that the American Plenipotentiaries will shew by their ready acceptance of this basis, that they duly appreciate the moderation of his majesty's government in so far consulting the honor and fair pretensions of the U. States as in the relative situation of the two countries, to authorise such a proposition.
The undersigned avail themselves of this opportunity to renew to the American Plenipotentiaries, the assurance of their high consideration.
The American to the British Commissioners.
GHENT, Oct. 24, 1814. The undersigned have the honor to acknowledge the receipt of the note of the British Plenipotentiaries of the
Amongst the general observations' which the undersigned, in their note of the 24th Aug. made on the propositions then brought forward on the part of the British government, they remarked that these propositions were founded neither on the basis of uti possidetis, nor on that of status ante bellum. But so far were they from suggesting the uti possidetis as the basis on which they were disposed to treat, that in the same note they expressly stated that they had been instructed to conclude a peace on the principles of both parties restoring whatever territory they might have taken. The undersigned also declared in that note, that they had no authority to cede any part of the territory of the U. States, and that to no stipulation to that effect would they subscribe; and in the note of the 9th Sept. after having shewn that the basis of uti possidetis, such as was known to exist at the commencement of the negociation, give no claim to his Britannic majesty to cession of territory founded upon the right of conquest, they added that even if the chances of war should give to the British arms a momentas
ry possession of other parts of the territory of the U. States, such events would not alter their views with regard to the terms of peace to which they would give their consent.
The undersigned can now only repeat those declarations and decline treating upon the basis of uti possidetis, or upon any other principle involving a cession of any part of the territory of the U. States. As they have uniformly stated, they can treat only upon the principle of mutual re storation of whatever territory may have been taken by either party. From this principle they cannot recede, and the undersigned after the repeated declarations of the British Plepotentiaries, that G. Britain had no view to ac quisition of territory, in this negociation, deem it necessary to add, that the utility of its continuance depends on their adherence to this principle..
The undersigned having declared in their note of the 21st of Aug. that although instructed and prepared to enter into an amicable discussion of all the points, on which differences or uncertainty had existed, and which might hereafter tend to interrupt the harmony of the two countries, they would not make the conclusion of the peace at all depend upon a successful result of the discussion, and having since agreed to the preliminary article proposed by the British government, had believed that the negociation already so long protracted, could not be brought to an early conclusion, otherwise than by the communication of a project embracing all the other specific propositions which G. Britain intended to offer. They repeat their request in, that respect and will have no objection to a simultaneous exchange of the projects of both parties. This course will bring fairly into discussion the other topics embraced in the last note of the British Plenipotentiaries, to which the undersigned have thought it necessary to advert at the present time. The undersigned renew to the British Plenipotentiaries the assurance of their high consideration...
The British to the American Commissioners:.:
GHENT, October 31st, 1814. 1 . The undersigned have the honor to acknowledge the receipt of the note addressed to them by the American Pienipotentiaries on the 24th inst. in which they object to the
basis of uti possidetis proposed by the undersigned as that on which they are willing to treat in regard to part of the boundaries between the dominions of his Majesty and those of the U. States.
The American Plenipotentiaries in their note of the 13th inst. requested the undersigned to communicate to them the project of a treaty embracing all the points insisted on by G. Britain, engaging on their part to deliver immediately after a countre project as to all the articles to which they might not agree, and as to all the subjects deemed material by the U. States, and omitted in the project of the under signed.
The undersigned were accordingly instructed to wave the question of etiquette and the advantage which might result from receiving the first communication, and, confiding in the engagement of the American Pienpotentiaries, communicated in their note of the 21st inst. all the points upon which they are instructed to insist.
The American Plenipotentiaries have objected to one essential part of the project thus communicated: but before the undersigned can enter into the discussion on this objection, they must require from the American Plenipotentiaries that, pursuant to their engagement, they will deliver 'a countre project containing all their objections to the points submitted by the undersigned together with a statement of such further points as the government of the U. States consider to be material.
The undersigned are authorised to state distinctly, that the article as to the pacification and rights of the Indian nations having been accepted, they have brought forward in their note of the 21st inst. all the propositions they have to offer. They have no farther demands to make, no other stipulations on which they are structed to insist, and they are empowered to sign a treaty of peace forthwith in conformity with those stated in their former note.
The undersigned trust, therefore, that the American Plenipotentiaries will no longer hesitate to bring forward in the form of articles or otherwise, as they may prefer, those specific propositions upon which they are empowered to sign a treaty of peace between the two countries.
TREATY OF PEACE.
PRESIDENT OF THE UNITED STATES OF AMERICA. To all and singular to whom these presents shall come, Greeting: WHEREAS a treaty of peace and amity between the U. States of America, and his Britannic majesty was signed at Ghent, on the twenty fourth day of December, one thousand eight hundred and fourteen, by the Plenipotentiaries respectively appointed for that purpose; and the said treaty having been, by and with the advice, and consent of the Senate of the U. States, duly accepted, ratified, and confirmed, on the seventeenth day of February, one thousand eight hundred and fifteen; and ratified copies thereof having been exchanged agreeably to the tenor of the said treaty, which is in the words following, to wit: Treaty of peace and amity between his Britannic Ma
jesty and the United States of America.
His Britannic majesty and the U. States of America, desirous of terminating the war which has unhappily subSisted between the two countries, and of restoring, upon principles of perfect reciprocity, peace, friendship, and good understanding between them, have, for that purpose, appointed their respective Plenipotentiaries, that is to say: his Britannic majesty, on his part, has appointed the right honorable James lord Gambier, late Admiral of the white, now Admiral of the red squadron of his majesty's fleet, Hemgy Goulburn, Esquire, a member of the imperial parliament and under secretary of state, and William Adams, Esquire, doctor of civil laws and the President of the U. States, by and with the advice and consent of the senate thereof, has appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, citizens of the U. States, who after a reciprocal communica tion of their respective full powers, have agreed upon the following articles:
ARTICLE THE FIRST.
There shall be a firm and universal peace between his Britannic majesty, and the United States, and between their respective countries,, territories, cities, towns, and people of every degree, without exception of places or persons. All hostilities, both by sea and land, shall cease as soon as this treaty shall have been ratified by both parties, as here
inafter mentioned. All territory, places and possessions whatsoever, taken from either party by the other, during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction, or carrying away any of the artillery or other public property originally captured in the said forts or places, and which shal! remain therein upon the exchange. of the ratifications of this treaty, or any slaves or other private property. And all archives, records, deeds, and papers, either of a public nature, or belonging to private persoas, 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.
ARTICLE THE SECOND.
Immediately after the ratification 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 twelve days from the said ratifications, upon all parts of the coast of North America, from the latitude of twenty-three degrees north, to the latitude of fifty degrees north, and as far eastward in the Atlantic ocean, as the thirty-sixth degree of west longitude from the meridian of Greenwich, shall be restored to each side. That the time shall be thirty days in all other parts of the Atlantic ocean, north of the equinoctial line or equator, and the same time for the British