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ARTICLE XXVI. If at any time a rupture should take place, (which God forbid) be tween his Majesty and the United States,the merchants and others of each of the two nations, residing in the dominions of the other, shall have the privilege of remaining and continuing their trade, so long as they behave peaceably, and commit no offence against the laws; and in case their conduct should render them suspected, and the respective governments should think proper to order them to remove, the term of twelve months from the publication of the order shall be allowed them for that purpose, to remove with their families, effects and property ; but this favor shall not be extended to those who shall act contrary to the established laws; and for greater certainty, it is declared, that such rupture shall not be deemed to exist, while negociations for accommodating differences shall be depending, nor until the respeclive ambassadors or ministers, if such there shall be, shall be recalled, or sent home on account of such differences, and not on account of pera sonal misconduct, according to the nature and degrees of which, both parties retain their rights, either to request the recal, or immediately to send home the ambassador or minister of the other; and that without prejudice to their mutual friendship and good understanding.
ARTICLE XXVII. It is further agreed, that his Majesty and the United States, on muu tual requisitions, by them respectively, or by their respective ministers or officers authorized to make the same, will deliver up to justice all persons, who, being charged with murder or forgery, committed within the juris.lietion of either, shall seek an asylum within any of the countries of the other, provided that this shall only be done on such evidence of criminality, as, according to the laws of the place, where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been committed. The expense of such apprehension and delivery shall be borne and defrayed, by those who make the requisition and receive the fux gitive.
ARTICLE XXVIII. It is agreed, that the first ten articles of this treaty shall be permapent, and that the subsequent articles, except the twelfth, shall be lie mited in their duration to twelve years, to be computed from the day on which the ratifications of this treaty shall be exchanged, lut subject to this condition, That whereas the said twelfth article will expire by the limitation therein contained, at the end of two years from the signing of the preliminary or other articles of peace, which shall terminate the present war in which his Majesty is engaged, it is agreed, that proper measures shall by concert be taken, for bringing the subject of that article into amicable treaty and discussion, so early before the expiration of the said term, as that new arrangements on that head, may, by that time, be perfected, and ready to take place. But if it should unfortunately happen, that his Majesty and the Cnited States, should not be able to agree on such new arrangements, in that case, all the articles of this treaty, except the first ten, shall thon cease and •xpire together.
Lastly. This treaty, when the same shall have been ratified by his Majesty, and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mutually exchanged, shall be binding and obligatory on his Majesty and on the said states, and shall be by them respectively executed, and oba served, with punctuality and the most sincere regard to good faith ; and whereas it will be expedient, in order the better to facilitate intercourse and obviate difficulties, that other articles be proposed and added to this treaty, which articles, from want of time and other circumstances, cannot now be perfected ; it is agreed that the said parties will, from time to time, readily treat of and concerning such articles, and will sincerely endeavor so to form them, as that they may conduce to mutual convenience, and tend to promote mutual satisfaction and friendship ; and that the said articles, after having been duly ratified, shall be added to, and make a part of this treaty. In faith whereof, we, the undersigned ministers plenipotentiary of his Majesty the King of Great-Britain, and the United States of America, have signed this present treaty, and have caused to be affixed thereto the seal of our arms.
Done at London, this nineteenth Day of November, one thoutard
siten hundred and ninety-four:
Philadelphia, September 5, 1795. I AM honored with yours of August 30th. Mine of the 7th of that month assured you that measures were taken for excluding from all further asylum in our ports, vessels armed in them to cruise on nations with which we are at peace, and for the restoration of the prizes the Lovely Lass, Prince William Henry, and the Jane of Dublin ; and that should the measures for restitution fail in their effect, the President considered it as incumbent on the United States to make compensation for the vessels.
We are bound by our treaties with three of the belligerant nations, by all the means in our power, to protect and defend their vessels and effects in our ports, or waters, or on the seas near our shores, and to recover and restore the same to the right owners' when taken from them. If all the means in our power are used, and fail in their effect, we are not bound by our treaties with those nations to make compensation.
Though we have no similar treaty with Great-Britain, it was the opinion of the President, that we should use towards that nation the sand rule, which under this article, was to govern us with the other nations ; and even to'extend it to captures made on the high seas, and brought into our ports: If done by vessels which had been arnved within them.
Having, for particular reasons, forbore to use all the means in our power for the restitution of the three vessels mentioned in my letter of August 7th, the President thought it incumbent on the United States ço make compensation for them : And though nothing was said in that letter of other vessels taken under like circumstances,and brought in after the 5th of June, and before the date of that letter, yet when the same
forbearance had taken place, it was and is his opinion, that compensa. tion would be equally due.
As to prizes made under the same circumstances, and brought in after the date of that letter, the President determined, that all the means in our power siould be used for their restitution. If these fail, as we should not be bound by our treaties to make compensation to the other powers in the analogous case, he did not mean to give an opinion that it ought to be done to Great-Britain. But still if
any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the President would think compensation equaliy incumbent on the United States. · Instructions are given to the governors of the different states, to use all the means in their poser for restoring prizes of this last description found within their ports. Though they will of course take measures to be informed of them, and the general government has given them t!.c aid of the custom-house officers for this purpose, yet you will be sensible of the importance of multiplying the channels of their information as far as shall depend on yourself, or any person under your direction, in order that the governors may use the means in their power for making restitution.
Without knowledge of the capture they cannot restore it. It will always be best to give the notice to then directly; but any information which you shall be pleased to send to me, also, at any time shall be fyrwarded to them as quickly as distance will permit.
Hence you will perceive, Sir, that the President contemplates regtitution or compensation in the case before the 7th August; and after that date, restitution if it can be effected by any means in our power, And that it will be important that you should substantiate the fact, that such prizes are in our ports or waters.
Your list of the privateers illicitly armed in our ports is, I believe, correct.
With respect to losses by detention, waste, spoliation sustained by vessels taken as beforementioned, between the dates of June 5th and August 7th, it is proposed as a provisional measure, that the collector of the customs of the district, and the British consúl, or any other person you please, shall appoint persons to establish the value of the vessel and cargo, at the time of her capture and of her arrival in the port into which she is brought, according to their value in that port. If this shall be agreeable to you, and you will be pleased to signify it to me, with the names of the prizes understood to be of this description, instructions will be given accordingly, to the collector of the customs wher: the respective Vissels are. i huve the honor io be, &c.
(Signed,) THOMAS JEFTERSON. GEORGE HAMMOND, ESQ.
ADDITIONAL ARTICLE. It is further agreed between the saiu contracting parties, that the operation of so much of the twelfth article of the said treaty as respects the trade which his said Majesty thereby consents may be carried on between the United States and his islands in the West-Indies, in the manner and on the terms and conditions therein specified, shall by suspended.
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ARTICLE. “WHEREAS by the third article of the treaty of amity, commerce and navigation, concluded at London, on the nineteenth day of November, one thousand seven hundred and ninety four, between his Britannic Majesty and the United States of America, it was agreed that it should at all times be free to his Majesty's subjects and to the citizens of the United States, and also to the Indians dwelling on either side of the boundary line, assigned by the treaty of peace to the United States, freely to pass and repass by land or inland navigation, into the respective territories and countries of the two contracting parties, on the continent of America, (the country within the limits of the Hudson's Bay company only excepted) and 'to navigate all the lakes, rivers and wa. ters thereof, and freely to carry on trade and commerce with each other, subject to the provisions and limitations contained in the said are ticle : And whereas by the eighth article of the treaty of peace and friendship, concluded at Greenville, on the third day of August, one thousand seven hundred and ninety five, between the United States and the nations or tribes of Indians, called the Wyandots, Delawarts, Shawanoes, Oitawas, Chippewas, Putawatimies, Miamis, Eel-River, Weeas, Kickapoos, Piankashaws and Kaskaskias, it was stipulated that no person should be permitted to reside at any of the towns or hunting." camps of the said Indian tribes, as a trader, who is not furnished with a license for that purpose, under the authority of the United States : Which latter stipulation has excited doubts, whether in its operation it may not interfere with the due execution of the said third article of the treaty of amity, commerce and navigation : And it being the sincere desire of his Britannic Majesty and of the United States, that this point should be so explained, as to remove all doubts, and promote mutual satisfaction and friendship : And for this purpose, his Britannic Majesty having named for his commissioner, Phineas Bond, Esq. his Majesty's Consul General for the middle and southern states of America, (and now his Majesty's Charge d'Affaires to the United States) and the President of the United States having named for their commissioner, Timothy Pickering, Esquire, Secretary of State of the United States, to whom, agreeably to the laws of the United States, be has intrusted this negociation ; They, the said commissioners, having communicated to each other their full powers, have, in virtue of the same, and conformably to the spirit of the last article of the said treaty of amity, commerce and navigation, entered into this explanatory article, and do by these presents explicitly agree and declare, That po stipulations in any treaty subsequently concluded by either of the contracting parties with any other state or nation, or with any'Intian tribe, can be understood to derogate in any manner from the rights of free intercourse and commerce, secured by the aforesaid third arricie of the treaty of amity, commerce and navigation, to the subjects of his Majesty and to the citizens of the United States, and to the Indians dwelling on either side of the boundary line aforesaid ; but that all the said persons shall remain at full liberty freely to pass and repass by land or inland navigation, into the respective territories and countries of the contracting parties, on either side of the said boundary ļine, and freely to carry on trade and commerce with each other, ac
cording to the stipulations of the said third article of the treaty of ami. ty, cominerce and navigatìon.
This explanatory article, when the same shall have been ratified by his Majesty, and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mutually exchanged, shall be arided to, and make a part of the said treaty of amity, commerce and navigation, and shall be permanently binding upon his Majesty and the United States.
Done at Philadelphia, this fourth day of Míay, in the year of our Lord
one thousand seven hundred and ninety-six.
EXPLANATORY ARTICLE, To be added to the treaty of Ainity, Commerce and Navigation, between
the United States and his Britannic Majesty. WHEREAS by the twenty-eighth Article of the Treaty of Amity, Commerce and Navigation, between his Britannic Majesty, and the United States, signed at London on the nineteenth day of November, one thousand seven hundred and ninety-four, \it was agreed, that the contracting parties would from time to time, readily treat of and concerning such further Articles, as might be proposed, that they would sincerely endeavor so to form such Articles, as that they might conduce to mutual convenience, and tend to promote mutual satisfaction and friendship; and that such Articles, after having been duly ratified, should be added to and make a part of that Treaty : And whereas difficulties have arisen with respect to the execution of so much of the Fifth Article of the said Treaty, as requires that the Commissioners, appointed under the same, should in their description particularize the latitude and longitude of the source of the River, which may be found to be the one truly intended in tše Treaty of Peace, between his Britannic Majesty and the United States, under the name of the River St. Croix, by reason whereof it is expedient, that the said commissioners should be released from the obligation of conforming to the provisions of the said Article in this respect. The undersigned being respectively named by his Britannic Majesty and the United States of America, their Plenipotentiaries for the purpose of treating of and concluding such Articles as may be proper to be added to the said Treaty, in cons formity to the above-mentioned stipulation, and having communicated to each other their respective full powers, have agreed and concluded, and do hereby declare in the name of his Britannic Majesty and of the United States of America—That the commissioners appointed under the 5th Article of the above-mentioned Treaty shall not be obliged topar ticularize,in their description, the latitude and longitude of the source of the river, which may be found to be the one truly intended in the aforesaid Treaty of peace, under the name of the river St. Croix, but they shall be at liberty to describe the said river, in such other manner, as they may judge expedient, which description shall be considered as a complete execution of the duty required of the said commissioners in this respect by the Article aforesaid. And to the end that no uncertainty may hereafter exist on this subject, it is furiher agreed, that as soon