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Treaty of Peace and Amity _____________
His Britannic Majesty and the United States of
America desirous of terminating the war which has unhappily subsisted between
the two Countries, and of restoring upon principles of perfect reciprocity,
Peace, Friendship, and good Understanding between them, have for that purpose
appointed their respective Plenipotentiaries, that is to say, His Britannic
Majesty on His part has appointed the Right Honourable James Lord Gambier,
late Admiral of the White now Admiral of the Red Squadron of His Majesty's
Fleet; Henry Goulburn Esquire, a Member of the Imperial Parliament and Under
Secretary of State; and William Adams Esquire, Doctor of Civil Laws: And the
President of the United States, by and with the advice and consent of the
Senate thereof, has appointed John Quincy Adams, James A. Bayard, Henry Clay,
Jonathan Russell, and Albert Gallatin, Citizens of the United States; who,
after a reciprocal communication of their respective Full Powers, have agreed
upon the following Articles. There shall be a firm and universal Peace between
His Britannic Majesty and the United States, and between their respective
Countries, Territories, Cities, Towns, and People of every degree without
exception of places or persons. All hostilities both by sea and land shall
cease as soon as this Treaty shall have been ratified by both parties as
hereinafter mentioned. 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, and which shall remain
therein upon the Exchange of the Ratifications of this Treaty, or any Slaves
or other private property; And all Archives, Records, Deeds, and Papers,
either of a public nature or belonging to private persons, which in the
course of the war may have fallen into the hands of the Officers of either
party, shall be, as far as may be practicable, forthwith restored and
delivered to the proper authorities and persons to whom they respectively
belong. Such of the Islands in the Bay of Passamaquoddy as are claimed by
both parties shall remain in the possession of the party in whose occupation
they may be at the time of the Exchange of the Ratifications of this Treaty
until the decision respecting the title to the said Islands shall have been
made in conformity with the fourth Article of this Treaty. No disposition
made by this Treaty as to such possession of the Islands and territories
claimed by both parties shall in any manner whatever be construed to affect
the right of either. ARTICLE
THE SECOND. Immediately after the ratifications of this Treaty
by both parties as hereinafter mentioned, orders shall be sent to the Armies,
Squadrons, Officers, Subjects, and Citizens of the two Powers to cease from
all hostilities: and to prevent all causes of complaint which might arise on
account of the prizes which may be taken at sea after the said Ratifications
of this Treaty, it is reciprocally agreed that all vessels and effects which
may be taken after the space of twelve days from the said Ratifications upon
all parts of the Coast of North America from the Latitude of twenty three
degrees North to the Latitude of fifty degrees North, and as far Eastward in
the Atlantic Ocean as the thirty sixth degree of West Longitude from the
Meridian of Greenwich, shall be restored on each side:-that the time shall be
thirty days in all other parts of the Atlantic Ocean North of the Equinoctial
Line or Equator:-and the same time for the British and Irish Channels, for
the Gulf of Mexico, and all parts of the West Indies:-forty days for the
North Seas for the Baltic, and for all parts of the Mediterranean-sixty days
for the Atlantic Ocean South of the Equator as far as the Latitude of the
Cape of Good Hope.- ninety days for every other part of the world South of
the Equator, and one hundred and twenty days for all other parts of the world
without exception. ARTICLE
THE THIRD. All Prisoners of war taken on either side as well by
land as by sea shall be restored as soon as practicable after the
Ratifications of this Treaty as hereinafter mentioned on their paying the
debts which they may have contracted during their captivity. The two
Contracting Parties respectively engage to discharge in specie the advances
which may have been made by the other for the sustenance and maintenance of
such prisoners. ARTICLE
THE FOURTH. Whereas it was stipulated by the second Article in the
Treaty of Peace of one thousand seven hundred and eighty three between His
Britannic Majesty and the United States of America that the boundary of the
United States should comprehend "all Islands within twenty leagues of
any part of the shores of the United States and lying between lines to be
drawn due East from the points where the aforesaid boundaries between Nova
Scotia on the one part and East Florida on the other shall respectively touch
the Bay of Fundy and the Atlantic Ocean, excepting such Islands as now are or
heretofore have been within the limits of Nova Scotia, and whereas the
several Islands in the Bay of Passamaquoddy, which is part of the Bay of
Fundy, and the Island of Grand Menan in the said Bay of Fundy, are claimed by
the United States as being comprehended within their aforesaid boundaries,
which said Islands are claimed as belonging to His Britannic Majesty as
having been at the time of and previous to the aforesaid Treaty of one
thousand seven hundred and eighty three within the limits of the Province of
Nova Scotia: In order therefore finally to decide upon these claims it is
agreed that they shall be referred to two Commissioners to be appointed in
the following manner: viz: One Commissioner shall be appointed by His
Britannic Majesty and one by the President of the United States, by and with
the advice and consent of the Senate thereof, and the said two Commissioners
so appointed shall be sworn impartially to examine and decide upon the said
claims according to such evidence as shall be laid before them on the part of
His Britannic Majesty and of the United States respectively. The said
Commissioners shall meet at St Andrews in the Province of New Brunswick, and
shall have power to adjourn to such other place or places as they shall think
fit. The said Commissioners shall by a declaration or report under their
hands and seals decide to which of the two Contracting parties the several
Islands aforesaid do respectely belong in conformity with the true intent of
the said Treaty of Peace of one thousand seven hundred and eighty three. And
if the said Commissioners shall agree in their decision both parties shall
consider such decision as final and conclusive. It is further agreed that in
the event of the two Commissioners differing upon all or any of the matters
so referred to them, or in the event of both or either of the said
Commissioners refusing or declining or wilfully omitting to act as such, they
shall make jointly or separately a report or reports as well to the
Government of His Britannic Majesty as to that of the United States, stating
in detail the points on which they differ, and the grounds upon which their
respective opinions have been formed, or the grounds upon which they or
either of them have so refused declined or omitted to act. And His Britannic
Majesty and the Government of the United States hereby agree to refer the
report or reports of the said Commissioners to some friendly Sovereign or
State to be then named for that purpose, and who shall be requested to decide
on the differences which may be stated in the said report or reports, or upon
the report of one Commissioner together with the grounds upon which the other
Commissioner shall have refused, declined or omitted to act as the case may
be. And if the Commissioner so refusing, declining, or omitting to act, shall
also wilfully omit to state the grounds upon which he has so done in such
manner that the said statement may be referred to such friendly Sovereign or
State together with the report of such other Commissioner, then such
Sovereign or State shall decide ex parse upon the said report alone. And His
Britannic Majesty and the Government of the United States engage to consider
the decision of such friendly Sovereign or State to be final and conclusive
on all the matters so referred. ARTICLE
THE FIFTH. Whereas neither that point of the Highlands lying
due North from the source of the River St Croix, and designated in the former
Treaty of Peace between the two Powers as the North West Angle of Nova
Scotia, nor the North Westernmost head of Connecticut River has yet been
ascertained; and whereas that part of the boundary line between the Dominions
of the two Powers which extends from the source of the River st Croix
directly North to the above mentioned North West Angle of Nova Scotia, thence
along the said Highlands which divide those Rivers that empty themselves into
the River St Lawrence from those which fall into the Atlantic Ocean to the
North Westernmost head of Connecticut River, thence down along the middle of
that River to the forty fifth degree of North Latitude, thence by a line due
West on said latitude until it strikes the River Iroquois or Cataraquy, has
not yet been surveyed: it is agreed that for these several purposes two
Commissioners shall be appointed, sworn, and authorized to act exactly in the
manner directed with respect to those mentioned in the next preceding Article
unless otherwise specified in the present Article. The said Commissioners
shall meet at se Andrews in the Province of New Brunswick, and shall have
power to adjourn to such other place or places as they shall think fit. The
said Commissioners shall have power to ascertain and determine the points
above mentioned in conformity with the provisions of the said Treaty of Peace
of one thousand seven hundred and eighty three, and shall cause the
boundary aforesaid from the source of the River St Croix to the River
Iroquois or Cataraquy to be surveyed and marked according to the said
provisions. The said Commissioners shall make a map of the said boundary, and
annex to it a declaration under their hands and seals certifying it to be the
true Map of the said boundary, and particularizing the latitude and longitude
of the North West Angle of Nova Scotia, of the North Westernmost head of Connecticut
River, and of such other points of the said boundary as they may deem proper.
And both parties agree to consider such map and declaration as finally and
conclusively fixing the said boundary. And in the event of the said two
Commissioners differing, or both, or either of them refusing, declining, or
willfully omitting to act, such reports, declarations, or statements shall be
made by them or either of them, and such reference to a friendly Sovereign or
State shall be made in all respects as in the latter part of the fourth
Article is contained, and in as full a manner as if the same was herein
repeated. ARTICLE
THE SIXTH. Whereas by the former Treaty of Peace that portion
of the boundary of the United States from the point where the forty-fifth
degree of North Latitude strikes the River Iroquois or Cataraquy to the Lake
Superior was declared to be "along the middle of said River into Lake
Ontario, through the middle of said Lake until it strikes the communication
by water between that Lake and Lake Erie, thence along the middle of said
communication into Lake Erie, through the middle of said Lake until it
arrives at the water communication into the Lake Huron; thence through the
middle of said Lake to the water communication between that Lake and Lake Superior:"
and whereas doubts have arisen what was the middle of the said River, Lakes,
and water communications, and whether certain Islands lying in the same were
within the Dominions of His Britannic Majesty or of the United States: In
order therefore finally to decide these doubts, they shall be referred to two
Commissioners to be appointed, sworn, and authorized to act exactly in the
manner directed with respect to those mentioned in the next preceding Article
unless otherwise specified in this present Article. The said Commissioners
shall meet in the first instance at Albany in the State of New York, and
shall have power to adjourn to such other place or places as they shall think
fit. The said Commissioners shall by a Report or Declaration under their hands
and seals, designate the boundary through the said River, Lakes, and water
communications, and decide to which of the two Contracting parties the
several Islands lying within the said Rivers, Lakes, and water
communications, do respectively belong in conformity with the true intent of
the said Treaty of one thousand seven hundred and eighty three. And both
parties agree to consider such designation and decision as final and
conclusive. And in the event of the said two Commissioners differing or both
or either of them refusing, declining, or wilfully omitting to act, such
reports, declarations, or statements shall be made by them or either of them,
and such reference to a friendly Sovereign or State shall be made in all
respects as in the latter part of the fourth Article is contained, and in as
full a manner as if the same was herein repeated. ARTICLE
THE SEVENTH. It is further agreed that the said two last
mentioned Commissioners after they shall have executed the duties assigned to
them in the preceding Article, shall be, and they are hereby, authorized upon
their oaths impartially to fix and determine according to the true intent of
the said Treaty of Peace of one thousand seven hundred and eighty three, that
part of the boundary between the dominions of the two Powers, which extends
from the water communication between Lake Huron and Lake Superior to the most
North Western point of the Lake of the Woods;-to decide to which of the two
Parties the several Islands lying in the Lakes, water communications, and
Rivers forming the said boundary do respectively belong in conformity with
the true intent of the said Treaty of Peace of one thousand seven hundred and
eighty three, and to cause such parts of the said boundary as require it to
be surveyed and marked. The said Commissioners shall by a Report or
declaration under their hands and seals, designate the boundary aforesaid,
state their decision on the points thus referred to them, and particularize
the Latitude and Longitude of the most North Western point of the Lake of the
Woods, and of such other parts of the said boundary as they may deem proper.
And both parties agree to consider such designation and decision as final and
conclusive. And in the event of the said two Commissioners differing, or both
or either of them refusing, declining, or willfully omitting to act, such
reports, declarations or statements shall be made by them or either of them,
and such reference to a friendly Sovereign or State shall be made in all
respects as in the latter part of the fourth Article is contained, and in as
full a manner as if the same was herein revealed. ARTICLE
THE EIGHTH. The several Boards of two Commissioners mentioned in
the four preceding Articles shall respectively have power to appoint a
Secretary, and to employ such Surveyors or other persons as they shall judge
necessary. Duplicates of all their respective reports, declarations,
statements, and decisions, and of their accounts, and of the Journal of their
proceedings shall be delivered by them to the Agents of His Britannic Majesty
and to the Agents of the United States, who may be respectively appointed and
authorized to manage the business on behalf of their respective Governments.
The said Commissioners shall be respectively paid in such manner as shall be
agreed between the two contracting parties, such agreement being to be
settled at the time of the Exchange of the Ratifications of this Treaty. And
all other expenses attending the said Commissions shall be defrayed equally
by the two parties. And in the case of death, sickness, resignation, or
necessary absence, the place of every such Commissioner respectively shall be
supplied in the same manner as such Commissioner was first appointed; and the
new Commissioner shall take the same oath or affirmation and do the same
duties. It is further agreed between the two contracting parties that in case
any of the Islands mentioned in any of the preceding Articles, which were in
the possession of one of the parties prior to the commencement of the present
war between the two Countries, should by the decision of any of the Boards of
Commissioners aforesaid, or of the Sovereign or State so referred to, as in
the four next preceding Articles contained, fall within the dominions of the
other party, all grants of land made previous to the commencement of the war
by the party having had such possession, shall be as valid as if such Island
or Islands had by such decision or decisions been adjudged to be within the
dominions of the party having had such possession.
The United States of America engage to put an end
immediately after the Ratification of the present Treaty to hostilities with
all the Tribes or Nations of Indians with whom they may be at war at the time
of such Ratification, and forthwith to restore to such Tribes or Nations
respectively all the possessions, rights, and privileges which they may have
enjoyed or been entitled to in one thousand eight hundred and eleven previous
to such hostilities. Provided always that such Tribes or Nations shall agree
to desist from all hostilities against the United States of America, their
Citizens, and Subjects upon the Ratification of the present Treaty being
notified to such Tribes or Nations, and shall so desist accordingly. And His
Britannic Majesty engages on his part to put an end immediately after the
Ratification of the present Treaty to hostilities with all the Tribes or
Nations of Indians with whom He may be at war at the time of such
Ratification, and forthwith to restore to such Tribes or Nations respectively
all the possessions, rights, and privileges, which they may have enjoyed or
been entitled to in one thousand eight hundred and eleven previous to such
hostilities. Provided always that such Tribes or Nations shall agree to
desist from all hostilities against His Britannic Majesty and His Subjects
upon the Ratification of the present Treaty being notified to such Tribes or
Nations, and shall so desist accordingly. ARTICLE
THE TENTH. Whereas the Traffic in Slaves is irreconcilable with
the principles of humanity and Justice, and whereas both His Majesty and the
United States are desirous of continuing their efforts to promote its entire
abolition, it is hereby agreed that both the contracting parties shall use
their best endeavors to accomplish so desirable an object. ARTICLE
THE ELEVENTH. This Treaty when the same shall have been ratified
on both sides without alteration by either of the contracting parties, and
the Ratifications mutually exchanged, shall be binding on both parties, and
the Ratifications shall be exchanged at Washington in the space of four
months from this day or sooner if practicable. In faith whereof, We the
respective Plenipotentiaries have signed this Treaty, and have hereunto
affixed our Seals. Done in triplicate at Ghent the twenty fourth day of
December one thousand eight hundred and fourteen. Gambier John
Quincy Adams
update 2-2-2009 |
