them to fell their lands, hoefes, or effects, or to retain the property thereof, at their difcretion: fuch of them as fhall continue to refide within the faid boundary lines fhall not be compelled to become citizens of the United States, or take any oath of allegiance to the government thereof, but they fhall be at full liberry fo to do, if they think proper, and they shall make and declare their election within one year after the evacuation aforefaid. And all perfons who fhall continue there after the expiration of the faid year, without having declared their intention of remaining fubjects of his Britannie Majefty, fhall be confidered as having elected to become citizens of the United States.

ARTICLE III.

It is agreed that it fhall at all times be free to his Majefly's fubje&is, and to the citizens of the United States, and alfo to the Indians dwelling on either fide of the faid boundary line, freely to pafs and re-pafs by land or inland navigation, into the refpective territories and countries of the two 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 waters thereof, and freely to carry on trade and commerce with each other. But it is understood, that this article does not extend to the admillion of veffels of the United States into the Sea-Ports, Harbors, Bays, or Creeks of his Majefty's said territories; nor into fuch parts of the rivers in his Majefty's faid territories as are between the mouth thereof, and the higheft port of entry from the fea, except in fmall veffels trading bona fide between Montreal and Quebec, under fuch regulations as shall be eltablished to prevent the pollibility of any frauds in this refpect. Nor to the admiffion of Britifh veffels from the fea into the rivers of the United States, beyond the higheft ports of entry for foreign veffels from the Sea. The River Miffifippi thall, however, according to the treaty of peace, be entirely open to both parties: and it is further agreed, that all the ports and places on its eastern fide, to whichfoever of the parties belonging, may freely be reforted to, and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of his Majefly in Great Britain.

All goods and merchandize whofe importation into his Majefty's faid territories in America, fhall not be entirely prohibited, may freely for the purposes of Commerce, be carried into the fame in the manner aforefnd, by the citizens of the United States, and fuch goods and merchandize fhall be fubject to no higher or other duties than would be payable by his Majefty's fubjects on the importation of the fame from Europe into the faid territories. And in like manner, all goods and merchandize whose importation into the United States fhall not be wholly prohibited, may freely, for the purpose of Commerce, be carried into the fame, in the manner aforefaid, by his Majefty's fubjects, and fach goods and merchandize fhall be fubject to no higher or other duties than would be payable by the citizens of the United States on the importation of the fame in American vefleis into the Atlantic ports of the faid Sates. And all goods not prohibited to be exported from the faid territories, respectively, may in like manner be carried out of the fame by the two parties refpeétively paying duty as aforefaid.

No duty of entry fhall ever be levied by either parties on peltries brought by land, or inland navigation into the faid rerritories refpectively, nor fhall the Indians palling or repaffing with their own proper goods and effects of whatever nature, pay for the fame any impoft or daty whatever. But goods

in bales or other large packages unufual among Indians, fhall not be confidered as goods belonging bona fide to Indians.

No higher or other tolls or rates of ferriage, than what are or fhall be payable by natives, fhall be demanded on either fide and no duties fhall be payable on any goods which fhall merely be carried over any of the portages or carrying places on either fide; for the purpose of being immediately reimbarked and carried to fome other place or places. But as by this flipulation it is only meant to fecure to each party a free paffage across the portages on both fides, it is agreed, that this exemption from duty fhall extend only to fuch goods as are carried in the ufual and direct road across the portage, and are not attempted to be in any manner fold or exchanged during their paffage across the fame, and proper regulations may be eftablifhed to prevent the poffibility of any frauds in this refpect.

As this article is intended to render in a great degree the local advantages of each party common to both, and thereby to promote a difpofition favourable to friendship and good neighbourhood, it is agreed, that the respective governments will mutually promote this amicable intercourfe, by caufing speedy and impartial juftice to be done, and neceffary protection to be extended to all who may be concerned therein.

ARTICLE IV.

Whereas it is uncertain whether the River Miffifippi extends fo far to the Northward as to be interfected by a line to be drawn due Weft from the lake of the Woods in the manner mentioned in the Treaty of Peace between his Majefty and the United States, it is agreed, that measures fhall be taken in concert between his Majefty's government in America and the government of the United States for making a joint furvey of the faid river from one degree of latitude below the falls of St. Anthony, to the principal fources of the faid river, and alfo of the parts adjacent thereto; and that if on the refult of fuch furvey, it should appear that the faid river would not be interfected by fuch a line as is abovementioned, the two parties fhall thereupon proceed by amicable negociation to regulate the bonndary line in that quarter, as well as all other points to be adjufled between the faid parties according to jullice and mutual convenience, aud in conformity to the intent of the faid treaty.

ARTICLE V.

Whereas doubts have arifen what river was truly intended under the name of the river St. Croix, mentioned in the fame treaty of peace, and forming a part of the boundary therein described, that question fhall be referred to the final decifion of Commiflioners to be appointed in the following manner, viz.

One Commiffioner fhall be named by his majefty, and one by the Prefident of the United States, by and with the confent of the Senate thereof, and the faid two commillioners fhall agree on the choice of a third; or if they cannot fo agree, they fhall each propofe one perfon, and of the two names fo propofed, one fhall be drawn by lot in the prefence of the two original Commillioners. And the three Commillioners fo appointed, fhall be fworn impartially to examine and decide the faid queftion according to fuch evidence as fhall refpectively be laid before them on the part of the British Government and the United States. The laid commillioners fhall meet at Halifax, and fhall have power to adjourn to fuch other place or places as they fhall think fit. They fhall have power to appoint a Secretary, and to employ fuch furveyors or other perfons as they fhall judge neceffary. The faid

Commiffioners fhall, by a declaration under their hands and feals decide what river is the River St. Croix, intended by the Treaty. The faid declaration fhall contain a defcription of the faid river, and fhall particularize the latitude and longitude of its mouth and of its fource. Duplicates of this declaration and of the flatements of their accounts, and of the journal of their proceedings fhall be delivered by them to the Agent of his Majelty and to the Agent of the United States, who may be refpectively appointed and authorized to manage the bufinefs on behalf of the refpective governments. And both parties agree to confider fuch decifion as final and conclufive, fo as that the fame fhall never thereafter be called into queftion, er difference between them.

ARTICLE VI.

Whereas it is alledged by divers British merchants and others his Majefly's fubjects, that debts to a confiderable amount, which were bona fide contracted before the peace, ftill remain owing to them by citizens or inhabitants of the United States, and that by the operations of various lawful impediments fince the peace, not only the full recovery of the faid debts has been delayed, but alfo the value and fecurity thereof have been, in feveral inftances, impaired and leffened fo that by the ordinary courfe of judicial proceedings, the British creditors cannot now obtain, and actually have, and receive full and adequate compenfation for the loffes and damages which they have thereby fuftained: It is agreed, that in all fuch cafes where full compenfation for fuch loffes and damages cannot for whatever reason be actually ob ́ainned, had and received by the faid creditors in the ordinary courfe of juftice, the United States will make full and complete compenfation for the fame to the faid creditors: But it is diftinctly underflood, that this provifion is to extend to fuch loffes only as have been occafioned by the lawful imped:ments aforefaid, and is not to extend to luffes occafioned by fuch infolvency of the debtors, or other caufes as would equally have operated to produce fuch lofs, if the faid impediments had not exifted, nor to fuch luffes or damages as have been occafioned by the manifell delay or negligence, or wilful omiffion of the claimant.

For the purpose of afcertaining the amount of any fuch loffes and damages, five commiffioners fhall be appointed, and authorized to meet and aft in the manner following, viz. Two of them fhall be appointed by his Majetty, two of them by the President of the United States by and with the advice of the Senate thereof, and the fifth by the unanimous voice of the other four; and if they fhould not agree on fuch choice, then the Commissioners named by the two parties fhall refpectivly propofe one perfon and of the two names fo propofed, one fhall be drawn by lot in the prefence of the four original Commiffioners. When the five Commiffioners thus appointed that hatt meet, they fhall, before they proceed to act refpectively, take the following oath or affirmation, in the prefence of each other, which oath or affirm. ation being fo taken and duly attefled, fhall be entered on the record of theit proceedings, viz. I. A. B. one of the Commiffioners appointed in purfuance of the 6th Article of the treaty of Amity, Commerce, and Naviga. tion between his Britannic Majefty and the United States of America, do folemnly swear, or affirm, that I will honefly, diligenty, impartially, and carefully examine, and to the beft of my judgment, according to juffice and equity, decide all fuch complaints, as under the faid article fhall be preferred to the faid Commiffioners: and that I will fotbear to act as a Commillioner in any cafe in which I may be perfonly interrefted,

Three of the faid Commiffioners hall conflitute a board, and fhall have power to do any aft appertaining to the faid Commiffion, provided that one of the Commillioners named on each fide, and the fifth Commiflioner fhall be prefent, and all deciffions fhall be made by the majority of the voices of the Commiffioners then prefent: eighteen mouths from the day on which the faid Commiffioners thall form a board, and be ready to proceed to bufinefs, are affigned for receiving complaints, and applications; but they are neverthelefs authorized in any particular cafes in which it fhall appear to them to be realonable and just to extend the faid term of eighteen moths for any term not exceding fix months after the expiration thereof. The faid Commiffioners hail firft meet at Philadelphia, but they have power to adjourn from place to place as they fhall have caufe.

The laid commiffioners in examining the complaints and applications fo preferred to them, are empowered and required in purfuance of the true intent and meaning of this article, to take into their confideration all claims whether of principal or intereft, or balance of principal and intereft, and to determine the fame refpectively, according to the merits of the feveral cafes, due regard being had to all the circumftances thereof, and as equity and justice fhall appear to them to require. And the faid Commiffioners fhall have power to examine all fuch perfons as fhall come before them on oath or affirmation touching the premifes: and alfo to recieve in evidence according as they may think moft confiftent with equity and juflice all written depofitions. or books, or papers, or copies, or extracts thereof, every fuch depofition, book, or paper, or copy, or extract being duly authenticated, either according to the legal forms now refpetively exifting in the two countries, or in fuch other manner as the faid Commiffioners fhall fee cause to require

or allow.

The award of the faid Commiffioners or of any three of them as aforesaid, fhall in all cafes be final and conclufive, both as to the juftice of the claim, and to the amount of the fum to be paid to the creditor or claimant and the United States undertake to caufe the fum fo awarded to be paid in fpecie to fuch creditor or claimant without deduction; and at fuch time or times and place or places as fhall be awarded by the faid Commiffioners; and on condition of fuch releafes or affignments to be given by the creditor or claim ant, as by the faid Commiffioners may be directed: Provided always, that no fuch payment shall be fixed by the faid Commiffioners to take place fooner than twelve months from the day of the exchange of the ratifications of this Treaty.

ARTICLE VII.

Whereas complaints have been made by divers merchants and others citizens of the United States, that during the courfe of the war in which his Majelly is now engaged, they have fuftained confiderable loffes and damage, by reafon of irregular or illegal captures or condemnations, of their veffels or other property under colour of authority or commillion from his Majefty, and that from various circumflances belonging to the faid cafes, adequate compenfation for the loffes and damages fo fullained cannot now be actually obtained, had and received by the ordinary courfe of judicial proceeding: it is agreed, that in fuch cafes where adequate compenfation cannot, for whatever reason we now actually obtained, had and received by the faid merchants and others in ordinary courfe of jullice, full and compleat compenfation for the fame will be made by the British government to the faid complainants But it is diftin&tly underflood that this provifion is not extended to fuch loffes No. 24.

or damages as have been occafioned by the manifeft delay or negligence, or wilful omiffion of the claimants.

That for the purpose of afcertaining the amount of any fuch loffes and damages five commiffioners fhall be appointed and authorised to act in London, exactly in the manner directed with refpect to thofe mentioned in the preceding article, and after having taken the oath or affimation (mutatis mutandis) the fame term of eighteen months is alfo affigned for the reception of claims, and they are in like manner authorised to extend the fame in particular cafes. They fhall receive teftimony, books, papers and evidence in the fame latitude, and exercife the like difcretion and powers refpecting that fubject, and fhall decide the claim in queftion according to the merits of the feveral cafes, and to juftice, equity, and the laws of nations. The award of the faid commiffioners, or any fuch three of them as aforefaid, fhall in all cafes be final and conclufive, both as to the juftice of the claim, and the amount of the fum to be paid to the claimant, and his Britannic Majefty undertakes to cause the fame to be paid to fuch claimant in fpecie, without any deduction, at fuch place or places, and at fuch time or times as fhall be awarded by the faid Commiffioners, and on condition of fuch releases or affignments to be given by the claimant, as by the faid Commiffioners may be directed.

And whereas certain merchants and others, his Majefty's fubjects complain that in the courfe of the war they have fuftained lofs and damage by reafon of the capture of the veffels and merchandize taken within the limits and jurisdiction of the ftates and brought into the ports of the fame, or taken by veffels originally armed in ports of the faid ftates.

It is agreed that in all fuch cafes where reftitution fhall not have been made agreeably to the tenor of the letter from Mr. Jefferson to Mr. Hammond, dated at Philadelphia, September, 5, 1793, a copy of which is annexed to this treaty, the complaints of the parties fhall be, and hereby are referred to the commiffioners to be appointed by virtue of this article, who are hereby authorized and required to proceed in the like manner relative to thefe as to the other cafes committed to them, and the United States undertake to pay to the complainants or complaints in fpecie, without deduction, the amount of fuch fums as fhall be awarded to them refpectively by the faid commiffioners, and at the times and places which in faid awards fhall be specified and on conditions of fuch releases or affignments to be given by the claimants as in the faid awards may be directed: And it is further agreed that not only the now exifting cafes of both defcriptions but also all fuch as fhall exilt at the time of exchanging the ratifications of this treaty fhall be confidered as being within the provifions, intent and meaning of this

article.

ARTICLE VIII.

It is further agreed, that the Commiffioners mentioned in this and in the two preceeding articles fhall be refpectively paid in fuch manner as fhall be agreed between the two parties: fuch agreement being to be fettled at the time of the exchange of the ratifications of this treaty. And all other expences attending the faid commiffions fhall be defrayed jointly by the two parties, and the fame being previously afcertained and allowed by the majority of the Commiffioners. And in cafe of death, fickness or neceffary abfence, the place of every fuch commillioner refpectively, fhall be fupplicd in the fame manner as fuch commiffioner was firft appointed, and the new Commiffioners fhall take the fame oath or affirmation and do the fame duties.