(Inclosure.)—American Project of a Treaty, as returned by the British to the American Plenipotentiaries. Treaty of Peace and Amity between His Britannick Majesty and The United States of America. His Britannick Majesty and the United 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 Britannick Majesty on his part has appointed the Right Honourable James Lord Gambier, Admiral of the White Squadron of His Majesty's Fleet, Henry Goulburn, Esq. a Member of the Imperial Parliament, and Under Secretary of State, and William Adams, Esq. Doctor of Civil Laws; and the President of The United 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 United States, who, after a reciprocal communication of their respective Full Powers, have agreed upon the following Articles: ART. I. There shall be a firm and universal Peace between His Britannick Majesty and The United States, and between their respective Countries, Territories, Cities, Towns, and People, of every degree, without exception of (1) Persons or Places. All Hostilities, both by sea and land, shall immediately cease. (2) All Prisoners on both sides shall be set at liberty.* All Territory, Places, and Possessions, without exception, taken by (3) either Party from (4) the other during the War, or which may be taken after the signing of this Treaty, shall be restored without delay, and without causing any destruction, or carrying away any (5) artillery or other public property, or any Slaves or other private property; (6) and all archives, records, deeds, and papers, either of a public nature or belonging to private Persons, which, in the course of the War, may have fallen into the hands of the Officers of either Party, shall (7) be forthwith restored, and delivered to the proper Authorities and Persons to whom they respectively belong. The following marginal Remarks and Alterations were made and proposed by the British Plenipotentiaries. Note. It is proposed to omit altogether the words that are underlined (in Italicks.) (1) Places or. (2) After the exchange of the Ratifications as hereinafter mentioned. * It is thought more advisable that the provision respecting Prisoners of War should be the subject of a Separate Article: the Draft of an Article on this subject is subjoined. (3) Belonging to. (4) And taken by. (5) of the. (6) Originally captured in the said Forts or Places, and which shall remain therein upon the Exchange of the Ratifications of this Treaty. (7) As far as may be practicable. II. Immediately after the respective Ratifications of this Treaty, (1) 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 (2) signing of this Treaty, it is reciprocally agreed, that the Vessels and Effects which may be taken in the Channel, and in the North Seas, after the space of from (3) that of the signature hereof, shall be restored on each side: that the term shall be from the Channel and the North Seas to the Canary Islands inclusively, (4) whether in the Ocean or the Mediterranean: of from the said Canary Islands to the in all other parts of Equinoctial Line or Equator, and of the World without exception. III.* Whereas, that portion of the Boundary between the Dominions of His Britannick Majesty in North America, and those of The United States, from the Mouth of the River St. Croix (as the said (1) Shall have been exchanged. (2) Exchange of the Ratifications. (3) The period of the Exchange of the Ratifications. (4) The same term of for all parts of the Mediterranean. * III. Whereas it was stipulated by the 2d Article in the Treaty of Peace of 1783, between His Britannick Majesty and the United States of America, that the Boundaries 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 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 Nova Scotia:" And whereas Claims have been made by the Government of The United States to certain Islands in the Bay of Fundy, which said Islands are claimed as belonging to His Britannick 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 Britannick 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 Britannick Majesty and of The United States respectively. The said Commissioners shall meet at 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, a Report, or Reports, as well to the Government of His Britannick Majesty as to that of The United States, stating, in detail, the points upon Mouth was ascertained by the Commissioners appointed for that purpose) to the Bay of Fundy, has not yet been regulated and determined: And whereas the respective Rights and Claims of His Britannick Majesty and of The United States to the several Islands in the Bay of Passamaquoddy, and to the Island of Grand Menan, have never been finally adjusted and determined, the said Islands being claimed on the part of The United States as lying within 20 Leagues of their Shores, and South of a Line drawn due East from the Mouth of the River St. Croix; and on the part of His Britannick Majesty, as having been, at or before the former Treaty of Peace between the two Countries, within the limits of the Province of Nova Scotia : In order, therefore, finally to decide these several questions, it is agreed that they shall be referred to three Commissioners, to be appointed in the following manner, viz. one Commissioner shall be appointed by His Britannick 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 shall have power to choose a third, and if they cannot agree, they shall each propose one Person, and of the two names, so proposed, one shall be drawn by lot, in the presence of the two original Commissioners, and the three Commissioners, so appointed, shall be sworn impartially to examine and decide the said questions, according to such evidence as shall respectively be laid before them on the part of the British Government, and of The United States. The said Commissioners shall meet at and shall have power to adjourn to such other Place, or Places, as they shall think fit. The said Commissioners, or a majority of them, shall, by a Declaration under their hands and seals, determine the Boundary aforesaid from the Mouth of the River St. Croix to the Bay of Fundy, and decide to which of the two Contracting Parties the several Islands aforesaid do respectively belong, in conformity with the true intent of the former Treaty of Peace. And both Parties agree to consider such Decision as final and conclusive. 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 Britannick 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 so 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 Britannick 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. IV. Whereas, neither that point of the Highlands lying due north from the source of the River St. Croix, and designated in the former Treaty of Peace between the two Powers as the northwest angle of Nova Scotia, nor the northwesternmost head of Connecticut River, has 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 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 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 several purposes three (1) Commissioners shall be appointed, sworn (mutatis mutandis) and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding Article (2.) The said Commissioners shall meet atand shall have power to adjourn to such other Place or Places as they shall think fit. The said Commis sioners, or a majority of them, shall have power to ascertain and de termine the points above mentioned, in conformity with the provisions of the said Treaty of Peace, (3) 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, or a majority of them, 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 northwest angle of Nova Scotia, of the northwesternmost 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. (4) V. Whereas, by the former Treaty of Peace, that portion of the Boundary of The United States, from the point where the 45th 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 (1) Two (2) Unless otherwise specified in this present Article. (3) Of 1783. (4) 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 third Ar ticle is contained, and in as full a manner as if the same was herein repeated. said Lake until it arrives at the water communication into the Lake Huron; hence, 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, Lakes, and water communications, and whether certain Islands, lying in the same, were within the Dominions of His Britannick Majesty, or of The United States: In order, therefore, finally to decide these questions, (1) they shall be referred to three (2) Commissioners, to be appointed, sworn (mutatis mutandis) and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding Article. (3) The said Commissioners shall meet, in the first instance, atand shall have power to adjourn to such other Place or Places as they shall think fit. The said Commissioners, or a majority of them, shall, by a (4) 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 River, Lakes, and water communications, do respectively belong, in conformity with the true intent of the (5) former Treaty of Peace; and both Parties agree to consider such (6) decision as final and conclusive. (7) VI. It is further agreed, that the said (8) last mentioned Commissioners, after they shall have executed the duties assigned to them in the preceding Article, shall be, and they, or a majority of them, are hereby authorized, upon their oaths, impartially to fix and determine, according to the true intent of the said former Treaty of Peace,(9) 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 northwestern 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 former Treaty of Peace,(10) and to cause such parts of the said Boundary as require it to be surveyed and marked. The said Commissioners, or a majority of them, shall by a (11) Declaration, under their hands and seals, designate the Boundary aforesaid, state their decision on the (12) questions thus referred to them, and particularize the latitude and longitude of the most northwestern point of the Lake of (1) Doubts. (2) Two. (3) Unless otherwise specified in this present Article. (5) said Treaty of 1783. (6) designation and (7) 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 3d Article is contained, and in as full a manner as if the same was herein repeated. (8) Two. (9) Of 1783. (10) Of 1783. (11) Report or (12) Points. |