Imágenes de página

and which shall remain therein of the coast of North America, upon the exchange of the Ratifi- from the latitude of 23 degrees cations of this Treaty, or any north, to the latitude of 50 deslaves or other private property.' grees north, and as far eastward And all archives, records, deeds, in the Atlantic Ocean as the 36th and papers, either of a public na- degree of west longitude from the ture, or belonging to private per- meridian of Greenwich, shall be sons, which in the course of the restored on each side : that the war may have fallen into the time shall be thirty days in all hands of the officers of either other parts of the Atlantic Ocean party, shall be, as far as may be north of the equinoctial line or practicable, forthwith restored, equator, and the same time for and delivered to the proper autho- the British and Irish Channels, rities and persons to whom they for the Gulf of Mexico, and all respectively belong.

parts of the West Indies : forty Such of the islands in the Bay days for the North Seas, for the of Passamaquoddy as are claimed Baltic, and for all parts of the by both parties shall remain in Mediterranean; sixty days for the possession of the party in the Atlantic Ocean, south of the whose occupation they may be at equator, as far as the latitude of the time of the exchange of the the Cape of Good Hope; ninety ratifications of this Treaty, until days for every other part of the the decision respecting the title world south of the equator, and to the said islands shall have been one hundred and twenty days for made, in conformity with the all other parts of the world withfourth article of this Treaty. out exception.

No disposition made by this Art. Ill. All prisoners of war Treaty, as to such possession of taken on either side, as well by the islands and territories claimed land as by sea, shall be restoreil by both parties, shall in any man- as soon as practicable after the ner whatever be construed to af- ratification of this Treaty as herein fect the right of either.

after mentioned, on their paying Art. II.-Immediately after the the debts which they may have ratifications of this Treaty by contracted during their captivity. both parties as hereinafter-men- . The two contracting parties retioned, orders shall be sent to spectively engage to discharge in the armies, squadrons, officers, specie the advances which may subjects, and citizens of the two have been made by the other for powers, to cease from all hosti- the sustenance and maintenance lities. And to prevent all causes of of such prisoners. complaint which might arise on Art. IV. Whereas it was stiaccount of the prizes which may be pulated by the 2d Article in the taken at sea after the said ratifica- Treaty of Peace of 1783, between tions of this Treaty,it is reciprocally his Britannic Majesty and the agreed, that all vessels and ef- United States of Ainerica, that fects which may be taken after the boundary of the United States the space of twelve days from the should comprehend « all island's said ratifications, upon all parts within twenty leagues of any part Vol. LVII.

2 A


of the shores of the United States, by a declaration or report under and lying between lines to be their hands and seals, decide to drawn due east from the points which of the two contracting where the aforesaid boundaries parties the several islands aforebetween Nova Scotia on the one said do respectively belong, in part, and East Florida on the conformity with the true intent other, shall respectively touch the of the said Treaty of Peace of Bay of Fundy and the Atlantic 1783 : and if the said CommisOcean, excepting such islands as sioners shall agree in their deci. now are, or heretofore have been, sion, both parties shall consider within the limits of Nova Scotia;" such decision as final and conand whereas the several islands clusive. in the Bay of Passamaquoddy, It is further agreed, that in the which is part of the Bay of Fun- event of the two Commissioners dy, and the island of Grand differing upon all or any of the Menan, in the said bay of Fun- matters so referred to them, or in dy, are clairned by the United the event of both or either of the States, as being comprehended said Commissioners refusing or within their aforesaid boundaries, declining, or wilfully omitting to which said islands are claimed as act as such, they shall make belonging to his Britannic Ma- jointly or separately, report or rejesty, as having been at the time ports, as well to the government of, and previous to the aforesaid of his Britannic Majesty, as to Treaty of 1783, within the limits that of the United States, stating of the province of Nova Scotia ;- in detail the points on which they in order, therefore, finally, to de- differ, and the grounds upon cide upon these claims, it is agreed which their respective opinions that they shall be referred to two have been formed, or the grounds Commissioners, to be appointed upon which they, or either of in the following manner, viz.- them, have so refused, declined, One Commissioner shall be ap- or omitted to act. And his Bri. pointed by his Britannic Majesty, tannic Majesty and the Governand one by the President of the ment of the United States hereby United States, by and with the agree to refer the report or readvice and consent of the Senate . ports of the said Commissioners thereof; and the said two Com- to some friendly sovereign or missioners, so appointed, shall be state, to be then named for that sworn impartially to examine and purpose, and who shall be requestdecide upon the said claims, ac- ed to decide on the differences cording to such evidence as shall which may be stated in the said be laid before them on the part of report or reports, or upon the his Britannic Majesty and of the report of one Commissioner, toUnited States respectively. The gether with the grounds upon said Commissioners shall meet at which the other Commissioner St. Andrews, in the province of shall have refused, declined, or New Brunswick, and shall have omitted to act, as the case may power to adjourn to such other be. And if the Commissioner su place or places as they shall think refusing, declining, or omitting Git. The said Commissioners shall to act, shall also wilfully omit to


state the grounds upon which he respect to those mentioned in the he has so done, in such manner next preceding article, unless that the said statement may be otherwise specified in the present referred to such friendly Sovereign article. The said Commissioners or State, together with the report shall mect at St. Andrews, in the of such other Commissioner, that province of New Brunswick, and such Sovereign or state shall de- shall have power to adjourn to cide, ex parte, upon the said re- such other place or places as they port alone; and his Britannic shall think fit. The said ComMajesty and the Government of missioners shall have power to the United States engage to con- ascertain and determine the points sider the decision of such friendly above mentioned, in conformity Sovereign or State to be final and with the provisions of the said conclusive on all the matters so Treaty of Peace of 1783; and referred.

shall cause the boundary aforeART. V. Whereas neither that said, from the source of the river point of the highlands lying due St. Croix to the river Iroquois or north from the source of the river Cataraguy to be surveyed and St. Croix, designated in the for- marked according to the said promer Treaty of Peace between the visions; the said Commissioners two powers as the north-west shall make a map of the said angle of Nova Scotia, nor the boundary, and annex to it a denorth-westernmost head of Con- claration under their hands and necticut river, hare yet been as- seals, certifying it to be a true certained; and whereas that part map of the said boundary, and of the boundary line between the particularizing the latitude and dominions of the two powers, longitude of the north-west angle which extends from the source of of Nova Scotia, of the norththe river St. Croix, directly north westernmost head of Connecticut to the above mentioned north- River, and of such other points of west angle of Nova Scotia, thence the said boundary as they may along the said highlands which deem proper : and both parties divide those rivers that empty agree to consider such map and themselves into the river St. Law- declaration as finally and conclurence, from those which fall into sively fixing the said boundary. the Atlantic Ocean to the north. And in the event of the said two westernmost head of Connecticut Commissioners differing, or both, river, thence down along the mid- or either of them, refusing, dedle of that river to the 45th de. clining, or wilfully omitting to gree of north latitude, thence by act, such reports, declarations, or a line due west on said latitude statements, shall be made by until it strikes the river Iroquois them, or either of them, and such or Cataraguy, has not yet been reference to a friendly Sovereign surveyed, it is agreed that for or State shall be made in all rethese several purposes two Com, spects, as in the latter part of the missioners shall be appointed, the fourth article is contained, sworn, and authorised, to act ex- and in as full a manner as if the actly in the manner directed with same was herein repeated.

2 A 2


Art. VI. Whereas by the for- which of the two contracting parmer treaty of Peace, that portion ties the several islands lying within of the boundary of the United the said rivers, lakes, and water States from the point where the communications, do respectively 45th degree of north latitude belong, in conformity with the strikes the river Iroquois or Ca- true intent of the said Treaty of taraguy, to the Lake Superior, 1783. And both parties agree to was declared to be " along the consider such designation and demiddle of said river into Lake cision as final and conclusive. Ontario, through the middle of And in the event of the said two said Lake, until it strikes the Commissioners differing, or both communication by water between or either of them refusing, declinthat lake and Lake Erie, thence ing, or wilfully omitting to act, along the middle of said commu- such reports, declarations, ex nication into Lake Erie, through statements, shall be made by the middle of said Lake, until it them, or either of them, and such arrives at the water communica- reference to a friendly sovereign tion into the Lake Huron, thence or state shall be made, in all rethrough the middle of said lake to spects as in the latter part of the the water communication between fourth article is contained, and in that lake and Lake Superior ;" as full a manner as if the same and whereas doubts have arisen was herein repeated. what was the middle of the said Art. VII. It is further agreed, river, lakes, and water communi• that the said two last mentioned tions, and whether certain islands Commissioners, after they shall lying in the same were within the have executed the duties assigned dominions of his Britannic Ma- to them in the preceding article, jesty or of the United States. In shall be, and they are hereby auorder, therefore, finally to decide thorised upon their oaths, imparthese doubts, they shall be refer- tially to fix and determine, acred to two Commissioners, to be cording to the true intent of the appointed, sworn, and authorised said Treaty of Peace of 1783, to act exactly in the manner di- that part of the boundary between rected with respect to those men- the dominions of the two powers, tioned in the next preceding arti- which extends from the water cle, unless otherwise specified in communication between Lake this present article. The said Huron and Lake Superior, to the Commissioners shall mcet, in the most north-western point of the first instance, at Albany, in the Lake of the Woods; to decide to State of New York, and shall which of the two parties the several have power to adjourn to such islands lying in the lakes, water other place or places as they shall communications, and rivers formthink fit. The said Commission- ing the said boundary, do respec. ers shall, by a report or declara- tively belong, in conformity with tion, under their hands and seals, the true intent of the said Treaty designate the boundary through of Peace of 1783, and to cause the said river, lakes, and water such parts of the said boundary communications, and decide to as require it, to be surveyed and


marked. The said Commission- agreed between the two contracters shall by a report or declara- ing parties, such agreement being tion, under their hands and seals, to be settled at the time of the designate the boundary aforesaid, exchange of the ratifications of state their decision on the points this treaty. And all other exthus referred to them, and parti- penses attending the said comcularise the latitude and longi- missions shall be defrayed equally tude of the most north-western by the two parties. And in the point of the Lake of the Woods, case of death, sickness, resignaand of such other parts of the said tion, or necessary absence, the boundary as they may deem pro- place of every such Commissioner per. And both parties agree to respectively shall be supplied in consider such designation and de- the same manner as such Comcision as final and conclusive. missioner was first appointed, and And in the event of the said two the new Commissioner shall take Commissioners differing, or both, the same oath or affirmation, and or either of them, refusing, de- do the same duties. clining, or wilfully omitting to It is further agreed between act, such reports, declarations, or the two contracting parties, that statements, shall be made by in case of any of the islands menthem, or either of them, and such tioned in any of the preceding reference to a friendly Sovereign articles which were in the possesor State shall be made in all re- sion of one of the parties prior to spects as in the latter part of the the commencement of the present fourth article is contained, and in war between the two countries, as full a manner as if the same should, by the decision of any of was herein repeated.

the boards of Commissioners ART. VIII. The several boards aforesaid, or of the sovereign or of two Commissioners, mentioned state so referred to as in the four in the four preceding articles, next preceding articles contained, shall respectively have power to fall within the dominions of the appoint a secretary, and to em- other party, all grants of land ploy such surveyors or other per- made previous to the commencesons as they shall judge neces- ment of the war by the party havsary. Duplicates of all their respec- ing had such possession, shall be tive reports, declarations, state- as valid as if such island or islands ments, and decisions, and of their had by such decision or decisions accounts, and of the journal of been adjudged to be within the their proceedings, shall be deli- dominions of the party having vered by them to the agents of had such possession. his Britannic Majesty, and to the ART. IX. The United States of agents of the United States, who America engage to put an end, may be respectively appointed immediately after the ratification and authorized to manage the bu- of the present Treaty, to hostilisiness on behalf of their respec- ties with all the tribes or nations tive governments. The said Com- of Indians with whom they may missioners shall be respectively be at war at the time of such ratipaid in such manner as shall be fication, and forthwith to restore


« AnteriorContinuar »