3 Rivers within the same, be free and open, for the term of ten years 3 from the date of the Signature of the Present Convention, to the Vessels, Citizens, and Subject of the Two Powers: it being well understood, that this Agreement is not to be construed to the Prejudice of any Claim, which either of the Two High Contracting Parties may have to any part of the said Country, nor shall it be taken to affect the Claims of any other Power or State to any part of the said Country; the only object of the High Contracting Parties, in that respect, being to prevent disputes and differences amongst Themselves. ARTICLE IV All the Provisions of the Convention "to regulate the Commerce between the Territories of the United States and of His Britannic Majesty" concluded at London on the third day of July in the year of our Lord one Thousand Eight Hundred and Fifteen,* with the exception of the Clause which limited its duration to Four years, & excepting also so far as the same was affected by the Declaration of His Majesty respecting the Island of St Helena, are hereby extended and continued in force for the term of ten years from the date of the Signature of the present Convention, in the same manner, as if all the Provisions of the said Convention were herein specially recited. ARTICLE V Whereas it was agreed by the first Article of the Treaty of Ghent," that "All Territory, Places, and Possessions whatsoever taken by either Party from 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 which shall remain therein upon the Exchange of the Ratifications of this Treaty, or any Slaves or other private Property", and whereas under the aforesaid Article the United States claim for their Citizens, and as their private Property, the Restitution of, or full Compensation for all Slaves who, at the date of the Exchange of the Ratifications of the said Treaty, were in any Territory, Places, or Possessions whatsoever directed by the said Treaty to be restored to the United States, but then still occupied by the British Forces, whether such Slaves were, at the date aforesaid, on Shore, or on board any British Vessel lying in Waters within the Territory or Jurisdiction of the United States; and whereas differences have arisen, whether, by the true intent and meaning of the aforesaid Article of the Treaty of Ghent the United States are entitled to the Restitution of, or full Compensation for all or any Slaves as above described, the High Contracting Parties hereby agree 3 5 For an extension of art. III, see convention of Aug. 6, 1827 (TS 116), post, p. 74. TS 110, ante, p. 49. TS 109, ante, p. 41. to refer the said differences to some Friendly Sovereign or State to be named for that purpose; and the High Contracting Parties further engage to consider the decision of such Friendly Sovereign or State, to be final and conclusive on all the matters referred." ARTICLE VI This Convention, when the same shall have been duly ratified by The President of the United States, by and with the Advice and Consent of their Senate, and by His Britannic Majesty, and the respective Ratifications mutually exchanged, shall be binding and obligatory on the said United States and on His Majesty; and the Ratifications shall be exchanged in Six Months from this date, or sooner, if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have thereunto affixed the Seal of their Arms. Done at London this Twentieth day of October, in the Year of Our Lord One Thousand Eight Hundred and Eighteen. "For a convention signed at St. Petersburg July 12, 1822, under mediation of Emperor of Russia, see TS 114, post, p. 61. CLAIMS Convention signed at St. Petersburg July 12, 1822, under mediation of of Emperor of Russia as to true construction of first article of Treaty Ratified by Russia August 4, 1822 Ratified by the United Kingdom October 4, 1822 Senate advice and consent to ratification January 3, 1823 Proclaimed by the President of the United States January 11, 1823 1 8 Stat. 282; Treaty Series 114 2 In the name of the most-holy & indivisible Trinity: The President of the United-States of America, and His Majesty the King of the United Kingdom of Great-Britain and Ireland, having agreed, in pursuance of the fifth Article of the Convention concluded at London on the 20th day of October 1818,3 to refer the differences which had arisen between the two Governments, upon the true construction and meaning of the first Article of the Treaty of Peace and Amity, concluded at Ghent on the 24th day of December 1814, to the friendly arbitration of His Majesty the Emperor of all the Russias, mutually engaging to consider His decision as final and conclusive; And His said Imperial Majesty, having, after due consideration, given His decision upon these differences in the following terms: to wit: "That the United States of America are entitled to claim from GreatBritain a just indemnification for all private property, which the British forces may have carried away; and as the question relates to Slaves more especially, for all the Slaves that the British forces may have carried away from places and territories of which the Treaty stipulates the restitution, in quitting these same places and territories. 1 TS 115, post, p. 71. 3 'For a detailed study of this convention, see 3 Miller 91. STS 112, ante, p. 57. TS 109, ante, p. 41. 308-581-74- -6 "That the United States are entitled to consider as having been so carried away, all such Slaves as may have been transferred from the above mentioned territories to British Vessels within the Waters of the said territories, and who for this reason may not have been restored. "But that if there should be any American Slaves, who were carried away from territories of which the first Article of the Treaty of Ghent has not stipulated the restitution to the United States, the United States are not entitled to claim an indemnification for the said Slaves." Now, for the purpose of carrying into effect this award of His Imperial Majesty as Arbitrator, His good offices have been farther invoked to assist in framing such convention or articles of Agreement between the United States of America and His Britannic Majesty, as shall provide the mode of ascertaining and determining the value of Slaves and of other private property, which may have been carried away in contravention of the Treaty of Ghent, and for which indemnification is to be made to the Citizens of the United States, in virtue of His Imperial Majesty's said award, and shall secure compensation to the sufferers for their Losses so ascertained and determined. And His Imperial Majesty has consented to lend His mediation for the above purpose and has constituted and appointed Charles Robert, Count Nesselrode, His Imperial Majesty's Privy Counsellor, Member of the Council of State, Secretary of State directing the Imperial Department of Foreign Affairs, Chamberlain, Knight of the order of St Alexander Nevsky, Grand Cross of the order of St Vladimir of the first Class, Knight of that of the white Eagle of Poland, Grand Cross of the order of St Stephen of Hungary, of the Black and of the red Eagle of Prussia, of the Legion of Honor of France, of Charles III of Spain, of St Ferdinand and of Merit of Naples, of the Annunciation of Sardinia, of the Polar Star of Sweden, of the Elephant of Denmark, of the golden Eagle of Wirtemberg, of Fidelity of Baden, of St Constantine of Parma, and of Guelph of Hannovre. and John Count Capodistrias, His Imperial Majesty's Privy Counsellor, and Secretary of State, Knight of the order of St Alexander Nevsky, Grand-Cross of the order of St Vladimir of the first class, Knight of that of the White Eagle of Poland, Grand-Cross of the order of St Stephen of Hungary, of the Black and of the red Eagle of Prussia, of the Legion of Honour of France, of Charles III of Spain, of St Ferdinand and of Merit of Naples, of St Maurice and of St Lazarus of Sardinia, of the Elephant of Denmark, of Fidelity and of the Lion of Zähringen of Baden, Burgher of the Canton of Vaud, and also of the Canton of the Republic of Geneva, as His Plenipotentiaries to treat, adjust and conclude such Articles of Agreement as may tend to the attainment of the abovementioned end, with the Plenipotentiaries of the United States and of His Britannic Majesty; That is to say; on the part of the President of the United States, with the advice and consent of the Senate thereof, Henry Middleton, a Citizen of the said United States, and their Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of all the Russias: and on the part of His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honorable Sir Charles Bagot, one of His Majesty's most Honorable Privy Council, Knight Grand Cross of the most Honorable Order of the Bath, and His Majesty's Ambassador Extraordinary and Plenipotentiary to His Majesty, the Emperor of all the Russias. And the said Plenipotentiaries, after a reciprocal communication of their respective full Powers, found in good and due form, have agreed upon the following Articles. ARTICLE Ist For the purpose of ascertaining and determining the amount of Indemnification which may be due to Citizens of the United States under the decision of His Imperial Majesty, Two Commissioners and two Arbitrators shall be appointed in the manner following: That is to say: One Commissioner and one Arbitrator shall be nominated and appointed by the President of the United States of America by and with the advice and consent of the Senate thereof; and one Commissioner and one Arbitrator shall be appointed by His Britannic Majesty-And the two Commissioners and two Arbitrators thus appointed, shall meet and hold their sittings as a Board in the City of Washington. They shall have power to appoint a Secretary and before proceeding to the other business of the Commission, They shall respectively take the following oath (or affirmation) in the presence of each other. Which oath or affirmation being so taken and duly attested, shall be entered on the record of their proceedings: That is to say: "I, A. B. one of the Commissioners (or Arbitrators as the case may be) appointed in pursuance of the Convention concluded at St Petersburg on the 30th/12th day of June/July One Thousand Eight hundred and twenty two, between His Majesty the Emperor of all the Russias, the United States of America, and His Britannic Majesty, do solemnly swear (or affirm) that I will diligently, impartially and carefully examine, and to the best of my Judgement, according to Justice and equity, decide all matters submitted to me as Commissioner (or Arbitrator as the Case may be) under the said Convention." All vacancies occuring by death or otherwise shall be filled up in the manner of the original appointment, and the new Commissioners or Arbitrators shall take the same oath or affirmation and perform the same duties. ARTICLE IId If at the first meeting of this Board, the Governments of the United States and of Great Britain shall not have agreed upon an average value, to be allowed as compensation for each Slave for whom Indemnification may be due; then and in that case, the Commissioners and Arbitrators shall conjointly proceed to examine the testimony which shall be produced under the author |