miffions or inftructions fo to aft from any foreign prince or flate, enemies to the other party; nor fhall the enemies of one of the parties be permitted to invite, or endeavour to enlift in their military fervice any of the fubjects or citizens of the other party; aud the laws againft all fuch offences and aggreffions fha!! be punctually executed. And if any fubject or citizen of the faid parties refpettively fhall accept any foreign commiffion, or letters of marque, for arming any vellel to act as a privateer againft the other party, and be taken by the other party, it is hereby declared to be lawful for the faid party to treat and punifh the faid fubject or citizen, having fuch commillion or letters of marque, as a pirate.

ARTICLE XXII.

It is exprefsly fipulated that neither of the faid contracting parties will order or authorize any acts of reprifal again the other, on complaints of injuries or damages, until the faid party fhall firft have prefented to the other a statement thereof, verified by competent proof and evidence, and demanding juftice and fatisfaction, and the fame fhall either have been refufed or unreafonably delayed.

ARTICLE XXIII.

The flips of war of each of the contracting parties fhall, at all times, be hofpitably received in the ports of the other, their officers and crews paying due refpect to the laws and government of the country. The officers fhall be treated with that refpect which is due to the commiflions which they bear and if any infult fhould be offered to them by any of the inhabitants, all offenders in this refpect fhull be punifhed as diffurbers of the peace and amity between the two countries. And his Majefty confents that in cafe an American veffel, fhould by flrefs of weather, danger from enemies or other misfortunes be reduced to the neceffity of fecking thelter in any of his Majef ty's ports, into which fuch veffel could not in ordinary cafes claim to be admitted, the fhall on manifefting that neceffity to the fatisfaction of the government of the place, be hofpitably received and permitted to refit and to purchafe at the market price fuch neceflaries as he may ftand in need of, conformably to fuch orders and regulations as the government of the place, baving refpect to the circumflances of each cafe fhall preferibe. She thall not be allowed to break bulk or unload her cargo, unless the fame fhall be bona fide neceffary to her being refitted. Nor fhall the be permitted to fell any part of her cargo, unlefs fo much only as may be neceffay to defray her expences and then not without the exprefs permiffion of the government of the place. Nor fhall fhe be obliged to pay any duties whatever except only on fuch articles as he may be permitted to fell for the purpofe aforefaid.

ARTICLE XXIV.

It shall not be lawful for any foreign privateers (not being fubj.As or citizens of either of the faid parties) who have commiffions from any other prince or flate in enmity with either nation, to arm their fhips in the pors of either of the faid parties, nor to fell what they have taken, nor in any other manner to exchange the fame; nor fhall they be allowed to purchase more provifions than fhall be neceffary for their going to the reareil port of that prince or flate from whom they obtained their commiffions.

ARTICLE XXV.

It fhall be lawful for the fhips of war and privateers belonging to the faid panties refpectively, to carry whitherfoever they pleafe the flips and goods zaken from their enemies, without being obliged to pay any fee to the olbeers of the admiralty, er to any judges whatever; nor fhall the faid prizes when

2

they arrive at, and enter the ports of the faid parties be detained or feized, neither fhall the fearchers or other officers of thofe places vifit fuch prizes, (except for the purpose of preventing the carrying of any part of the cargo thereof on fhore in any manner contrary to the eftablished laws of revenue, navigation, or commerce) nor fhall fuch officers take cognizances of the validity of fuch prizes, but they fhall be at liberty to hoift fail, and depart as 1peedily as may be, and carry their faid prizes to the place mentioned in their commiffions or patents, which the commanders of the faid fhips of war or privateers fhall be obliged to fhew. No fhelter or refuge fhall be given in their ports to fuch as have made a prize upon the subjects or citizens of either of the faid parties, but if forced by ftrefs of weather, or the danger of the fea, to enter therein, particular care fhall be taken to haften their departure, and to cause them to retire as foon as poffible. Nothing in this treaty contained thall however be conftrued to operate contrary to former and exifting public treaties with other fovereigns or ftates. But the two parties agree, that while they continue in amity neither of them will in future make any treaty that shall be inconfiftent with this or the proceeding article.

Neither of the faid parties fhall permit the fhips or goods belonging to the fubjects or citizens of the other to be taken within cannon fhot of the coaft, nor in any of the bays, ports or rivers of their territories by fhips of war, or others having commiffion from any prince, republic, or flate whatever. But in cafe it fhould fo happen, the party whofe territorial rights fhall thus have been violated, fhall ufe his utmost endeavours to obtain from the offending party, full and ample fatisfaction for the veffel or veffels fo taken, whether the fame be veffels of war or merchant veffels.

ARTICLE XXVI.

If at any time a rupture fhould take place (which God forbid) between his Majefty and the United States, the merchants and others of each of the two nations refiding in the dominions of the other fhall have the privilege of remaining and continuing their trade, fo long as they behave peaceably and commit no offence against the laws; and in cafe their conduct should render them fufpect and the refpective governments fhould think proper to order them to remove, the term of twelve months from the publication of the order fhall be allowed them for that purpose, to remove with their families, effects and property, but this favour fhall not be extended to those who fhall aft contrary to the established laws, and for greater certainty it is declared that fuch rupture fhould not be deemed to exift while negociations for accommodating differences fhall be depending, nor until the reprefentative ambaffadors or minifters, if fuch there fhall be, fhall be recalled, or fent home on account of fuch differences, and not on account of perfonal misconduct, according to the nature and degree of which both parties retain their rights, either to request the recall, or immediately fend home the ambaffador or minifter of the other; and that without prejudice to their mutual friendship and good understanding.

ARTICLE XXVII.

It is further agreed that his majefly and the United States on mutual requifitions, by them refpectively, or by their respective minifters or officers authorized to make the fame, will deliver up to juftice all perfons, who being charged with murder or forgery, committed within the jurifdiction of either, fhall feek an afylum within any of the countries of the other, provided that this fhall only be done on fuch evidence of criminality as, according to the laws of the place, where the fugitive or perfon fo charged fhall be found

No. 24.

would juftify his apprehenfion and commitment for trial, if the offence has there been committed. The expence of fuch apprehenfion and delivery fhall be borne and defrayed by those who make the requifition and receive the fugitive.

ARTICLE XXVIII.

It is agreed, that the firft ten articles of this treaty fhall be permanent, and that the fubfequent articles, except the 12th, fhall be limited in their duration to 12 years, to be computed from the day on which the ratifications of this treaty fhall be exchanged, but fhall be fubject to this condition-that whereas the faid 12th article will expire by the limitation therein contained, at the end of two years from the figning the preliminary or other articles of peace which fhall terminate the prefent war in which his Majefty is engaged, it is agreed, that proper measures fhall by concert be taken for bringing the fubject of that article into amicable treaty and difcuffion, fo early before the expiration of the faid term, as that new arrangements on that head, may by that time be perfected and ready to take place. But if it fhould unfortu nately happen, that his Majefty and the United States fhould not be able to agree on fuch new arrangements, in that cafe all the articles of this treaty, except the first ten fhall then ceafe and expire together.

LASTLY. This treaty, when the fame fhall be ratified by his majefty and by the Prefident of the United States, by and with the advice and confent of their Senate, and the refpective ratifications mutually exchanged, fhall be binding and obligatory on his majefty and on the faid ftates, and fhall be by them refpectively executed and obferved with punctuallity and the most fincere regard to good faith; and whereas it will be expedient, in order the better to facilitate intercourfe 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 faid parties will, from time to time, readily treat of and concerning fuch articles, and will fincerely endeavour fo to form them, as that they may conduce to mutual convenience, and tend to promote mutual fatisfaction and friendship; and that the faid articles, after having been duly ratified, fhall be added to, and make a part of this treaty. In faith whereof, we, the underfigned minifters plenipotentiary of his majefty the king of Great Britain, and the United States of America have figned this prefent treaty, and have caused to be affixed thereunto the feal of our arms.

Done at London, this 19th day of November, one thousand, feven hundred and ninety-four.)

GRENVILLE. (Seal.)
JOHN JAY.

Conditional Ratification, on the part of the United States.

(Seal.)

In SENATE, June 24, 1795

RESOLVED, That the Senate do content to, and advise the Prefident of the United States to ratify the Treaty of Amity, Commerce and Navigation between his Britannic Majefty and the United States of America, concluded at London, the 19th November, 1794, on condition that there be added to the faid Treaty, an article whereby it fhall be agreed to fufpend the operation of fo much of the 12th article, as refpects the trade which his faid majefty thereby confents may be carried on between the United States and

VOL. IV.

A a

his iflands in the Weft-Indies, in the manner, and on the terms and condi→ tions therein fpecified.

And the Senate recommend to the Prefident to proceed without delay to further negociations with his Majesty on the fubject of the faid trade, and of the terms and conditions in queftion.

PHILADELPHIA, Sept. 5, 1793

Mr. Jefferfon's Letters as mentioned in the feventh Article of this Treaty.

SIR,

I AM honoured with yours of Auguft 30. Mine of the 7th of that month affured you that meafures were taken for excluding from all further afylum in our poris veffels armed in them to cruize on nations with which we are at peace, and for the refloration of the prizes the Lovely Lafs, Prince William Henry, and the Jane of Dublin; and that fhould the measures for reftitution fail in their effect, the Prefident confidered it as incumbent on the United States to make compenfation for the veffels.

We are bound by our treaties with three of the belligerent nations, by all the means in our power to protect and defend their vellels and effects in our ports, or waters, or on the feas near our hores, and to recover and reflore the fame to the right owners when taken from them, if all the means in our power are used, and fail in their effects, we are not bound by our treaties with thofe nations to make compenfation.

Though we have no fimilar treaty with Great Britain, it was the opinion of the Prefident, that we should ufe towards that nation the fame rule, which under this article, was to govern us with the other nations; and even to extend it to captures made on the high feas, and brought into our ports; if done by veffels which have been armed within them.

Having, for particular reafons, forbore to use all the means in our power for the reftitution of the three veffels mentioned in my letter of Auguft 7th, the Prefident thought it incumbent on the United States to make compenfa tion for them: And though nothing was faid 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 fame forbearance had taken place it was and is his opinion, that compenfation would be equally due.

As to prizes made under the fame circumflances, and brought in after the date of that letter the Prefident determined, that all the means in our power fhould be used for their reftitution. If thefe fail, as we should not be bound by our treaties to make compenfation to the other powers in the analogous cafe, he did not mean to give an opinion that it ought to be done to Great Britain. But ftill if any cafes fhall arife fubfequent to that date, the circumftances of which fhall place them on fimilar ground with those before it, the Prefident would think compenfation equally incumbent on the United States.

Inftructions are given to the governors of the different states to use all the means in their power for refloring prizes of this last description found within their ports. Though they will of courfe take measures to be informed of them, and the general government has given them the aid of the customhoufe officers for this purpose, yet you will be fenfible of the importance of multiplying the channels of their information as far as fhall depend on yourfelf, or any perfon under your direction, in order that the governors may ufe the means in their power for making reflitution,

Without knowledge of the capture they cannot reftore it. It will always be best to give the notice to them directly, but any information which you fhall be pleafed to fend to me alfo at any time, fhall be forwarded to them as quickly as diftance will permit.

Hence you will perceive, fir, that the Prefident contemplates reftitution or compenfation in the cafes before the 7th Auguft; and after that date, reftitu. tion if it can be effected by any means in our power. And that it will be important that you should fubftantiate the fact, that fuch prizes are in our ports or waters.

Your lift of privateers illicitly armed in our ports is, I believe, correft. With respect to loffes by detention, waffe, fpoilation fuftained by veffels taken as before mentioned between the dates of June 5th, and Auguft 7ih, it is propofed as a provifional meafure, that the collector of the cuffoms of the diftrict, and the British conful, or any other perfon you pleafe, fhall appoint perfons to establish the value of the veffel and cargo, at the time of her ture and of her arrival in the port in which fhe is brought, according to their value in that port. If this fhall be agreeable to you, and you will be pleafed to fignify it to me, with the names of the prizes underflood to be of this defeription, inftructions will be given accordingly to the collectors of the cuf toms where the respective veffels are.

I have the honour to be, &c.

Geo. HAMMOND, Efq.

THOMAS JEFFERSON.

cap

Whilft the Treaty was under difcuffion in the Senate. the following propah. tions were brought forward and refpectively offered as fubftitutes to the Refolution of Ratification which ultimately prevailed.

Mr. BURR's MOTION

That the further confideration of the Treaty concluded at Lordon, the 19th of November, 1793, be poftponed, and that it be recommended tɔ the Prefident of the United States to proceed without delay, to further friendly negociation with his Britannic Majefty, in order to effect alteration in the faid Treaty, in the following particulars:

That the 6th, 10th, and 14th Articles, and fo much of the 25th as relates to the fhelter of refuge to be given to the armed velfeis of ftates or Sovreigns at war with either party be expunged.

2d Art. That no privilege or right be allowed to the fettlers or traders mentioned in the fecond article, other than those which are fecured to them by the Treaty of 1781, and exifting laws.

3d Art. That the the 3d Article be expunged, or fo modified that the citizens of the United States may have the ufe of all rivers, ports and places within the territories of his Britannic Majefty in North America, in the fame manner as his fubjects may have of thofe of the United States.

6th Art. That the value of the Negroes and other property, carried away contrary to the 7th Article of the Treaty of 1783, and the lofs and dámage fuflained by the United States, by the detention of the pofts, be paid for by the British government; the amount to be afcertained by uns commitfioners who may be appointed to liquidate the claims of the British creditors.

12th Art. That what relates to the Weft-India trade and the provifos and conditions thereof in the 12th Article, be expunged or be rendered uch more favourable to the United States, and without any reftraint on she exportation in veffels of the United States, of any articles not the