1815. July 3. then going with their original cargoes, or part thereof, from one of the said principal settlements to another, shall not be considered as carrying on the coasting trade. The vessels of with part, or the the United States may also touch for refreshment, but not for whole, of their commerce, in the course of their voyage to or from the Bri- from one per original cargoes tish territories in India, or to or from the dominions of the another. mitted place to emperor of China, at the Cape of Good Hope, the Island of American vesSt. Helena, * or such other places as may be in the possession for refreshment sels may touch of Great Britain, in the African or Indian seas; it being well in voyages to or understood that in all that regards this article, the citizens of dia and China, the United States shall be subject, in all respects, and regulations of the British government from time to time Helena, &c. established. to the laws from British In at the Cape of Good Hope, St. *See the "De claration"at the of this con side in the do of each ART. 4. It shall be free for each of the two contracting par- eention 280. ties, respectively, to appoint consuls for the protection of Consuls to retrade, to reside in the dominions and territories of the other minions party; but before any consul shall act as such, he shall, in the party. usual form, be approved and admitted by the government to which he is sent; and it is hereby declared, that in case of Consuls may be illegal or improper conduct towards the laws or government cording to law, punished aeof the country to which he is sent, such consul may either be or sent home. punished according to law, if the laws will reach the case, or be sent back, the offended government assigning to the other the reasons for the same. ces excepted It is hereby declared, that either of the contracting parties Particular plamay except from the residence of consuls, such particular from the resiplaces as such party shall judge fit to be so excepted. dence of consuls. ART. 5. This convention, when the same shall have been Thisconvention duly ratified by the president of the United States, by and when ratified, with the advice and consent of the senate, and by his Britannic for four years. to be obligatory majesty, and the respective ratifications mutually exchanged, shall be binding and obligatory on the said United States and his majesty for four years from the date of its signature; and Ratification exthe ratifications shall be exchanged in six months from this months. changed in six time, or sooner, if possible. Done at London, this third day of July, in the year of our [L. S.] JOHN QUINCY ADAMS, L. S. L. S. ALBERT GALLATIN, FREDERICK JOHN ROBINSON, HENRY GOULBOURN, L. S. L. S. WILLIAM ADAMS. NOTE. This convention was continued for ten years, by the 4th article of the convention of London, of the 20th of October, 1818. See that convention on the next page [280.] 1815. November 24. Declaration of DECLARATION. The undersigned, his Britannic majesty's chargé d'affaires, in the United States of America, is commanded by his royal 24th Nov. 1815 highness the prince regent, acting in the name and on the behalf of his majesty, to explain and declare, upon the exchange of the ratifications of the convention concluded at London, on the third of July of the present year, for regulating the commerce and navigation between the two countries, that in consequence of events which have happened in Europe subsequent to the signature of the convention aforesaid, it has been deem lotted for the residence of St. Helena al- ed expedient, and determined, in conjunction with the allied sovereigns, that St. Helena shall be the place allotted for the Napoleon Bon- future residence of general Napoleon Bonaparte, under such aparte, for the security of his regulations as may be necessary for the perfect security of his person. person, and it has been resolved, for that purpose, that all cept those of ships and vessels whatever, as well British ships and vessels, the East India as others, excepting only ships belonging to the East-India Company, excluded from ap company, shall be excluded from all communication with, or proaching the İsland. All vessels ex approach to, that island. Treaty exchan- It has therefore become impossible to comply with so much ged with the un derstanding re- of the third article of the treaty as relates to the liberty of ferred to. * In conse touching for refreshment at the Island of St. Helena, and the ratifications of the said treaty will be exchanged under the explicit declaration and understanding, that the vessels of the United States cannot be allowed to touch at, or hold any communication whatever with the said island, so long as the said quence of the island shall continue to be the place of residence of the said Napo- Napoleon Bonaparte.* death of this restriction wasremoved on 30th July, 1821. (Signed) ANTHONY ST. JNO. BAKER. Washington, November 24, 1815. Convention of American ne No. 8.-Convention with Great Britain. The United States of America, and his Majesty the King of the united kingdom of Great Britain and Ireland, desirous to cement the good understanding which happily subsists between them, have, for that purpose, named their respective plenipotentiaries, that is to say: The president of the United Albert Gallatin States, on his part, has appointed Albert Gallatin, their envoy & Richard Rush extraordinary and minister plenipotentiary to the court of gotiators, France; and Richard Rush, their envoy extraordinary and minister plenipotentiary to the court of his Britannic majesRobinson and ty: And his majesty has appointed the right honorable FredeHenry Goul- rick John Robinson, treasurer of his majesty's navy, and Frederick John 1818. October 20. president of the committee of privy council for trade and plantations; and Henry Goulbourn, esq. one of his majesty's under secretaries of state: who, after having exchanged their bourn, British respective full powers, found to be in due and proper form, Full powers have agreed to and concluded the following articles: Negotiators. exchanged. common right ART. 1. Whereas differences have arisen respecting the Definition of the liberty, claimed by the United States, for the inhabitants extent of the thereof, to take, dry, and cure, fish, on certain coasts, bays, of fishing, &c., harbours, and creeks, of his Britannic majesty's dominions the British doin America, it on the coasts of minions in A is agreed between the high contracting parties, marion that the inhabitants of the said United States shall have, forever, in common with the subjects of his Britannic majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland, which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly, on the southern coast of Labrador, to and through the straits of Bell- Exception as to the Hudson Bay isle, and thence northwardly indefinitely along the coast, Company. without prejudice, however, to any of the exclusive rights of the Hudson Bay Company: And that the American fisher- Rights of promen shall also have liberty, forever, to dry and cure fish in drying or curany of the unsettled bays, harbours, and creeks, of the south- ing fish, to be respected. ern part of the coast of Newfoundland, hereabove described, prietors as to the U. States as &c. and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the inhabitants, proprietors, or possessors, of the ground. And the United States hereby renounce, forever, any liberty hereto- Renunciationby fore enjoyed or claimed by the inhabitants thereof, to take, to other fishedry, or cure fish, on or within three marine miles of any of ries; provided, the coasts, bays, creeks, or harbours of his Britannic Majesty's dominions in America, not included within the abovementioned limits: Provided, however, that the American fishermen shall be admitted to enter such bays or harbours, for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever, abusing the privileges hereby reserved to them. 1818. October 20. ART. 2. It is agreed that a line drawn from the most northwestern point of the Lake of the Woods, along the forty-ninth parallel of north latitude, or if the said point shall not be in the northern boun- forty-ninth parallel of north latitude, then that a line drawn Definition of the dary of the U. States from the Woods to the Stony Mountains. from the said point due north or south, as the case may be, until the said line shall intersect the said parallel of north latitude, and from the point of such intersection due west along and with the said parallel, shall be the line of demarkation between the territories of the United States and those of his Britannic Majesty, and that the said line shall form the northern boundary of the said territories of the United States, and the southern boundary of the territories of his Britannic Majesty, from the Lake of the Woods to the Stony Mountains. Country claimART. 3. It is agreed, that any country that may be claimed ed by either party westward by either party on the northwest coast of America, westward Mountains, its of the Stony Mountains, shall, together with its harbors, bays, harbors, &c. to and creeks, and the navigation of all rivers within the same, be free to both parties, until be free and open, for the term of ten years from the date of the Oct. 20. 1828, signature of the present convention, to the vessels, citizens, without prejudice to theclaim and subjects, of the two powers: it being well understood, of either party, that this agreement is not to be construed to the prejudice of or to that any other power. The convention of London of 3d any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other power or state to any part of the said country; the only object of the high contracting parties, in that respect, being to prevent disputes and differences amongst themselves. tinued for ten years. ART. 4. All the provisions of the convention " to regulate July 1815, con- the commerce between the territories of the United States and of his Britannic Majesty," concluded at London, on the third day of July, in the year of our Lord one thousand eight hundred and fifteen, with the exception of the clause which limited its duration to four years, and excepting, also, so far as the same was affected by the declaration of his Majesty respecting the Island of St. Helena, and hereby extended and continued in force for the term of ten years from the date of the signature of the present convention, in the same manner as if all the provisions of the said convention were herein specially recited. Reference tolst article of the ART. 5. Whereas it was agreed, by the first article of the treaty of Ghent, treaty of Ghent, that "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 res 1818. October 20. under the first tored 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 whereas Claim for slaves under the aforesaid article, the United States claim for their article of the citizens, and as their private property, the restitution of, or treaty of Ghent. full compensation for, all slaves who, at the date of the exchange of the ratifications of the said treaty, were in any territory, places, or possessions, whatsoever, directed by the said treaty to be restored to the United States, but then still occupied by the British forces, whether such slaves were, at the date aforesaid, on shore, or on board any British vessel lying in waters within the territory or jurisdiction of the United States; and whereas differences have arisen, whether, by the Differences true intent and meaning of the aforesaid article of the treaty growing out of of Ghent, the United States are entitled to the restoration of, slaves. or full compensation for, all or any slaves, as above described, the high contracting parties hereby agree to refer the said dif- To be referred ferences to some friendly sovereign or state, to be named for to some friendly sovereign or that purpose; and the high contracting parties further engage state. to consider the decision of such friendly sovereign or state to be final. be final and conclusive on all the matters referred. claims for The decision to ART. 6. This convention, when the same shall have been Thisconvention duly ratified by the President of the United States, by and obligatory on exchange of rawith the advice and consent of their Senate, and by his Bri- tifications. tannic Majesty, and the respective ratifications mutually exchanged, shall be binding and obligatory on the said United States, and on his majesty: and the ratifications shall be ex- Ratifications changed in six months from this date, or sooner, if possible. In witness whereof, the respective plenipotentiaries have signed the same, and have hereunto affixed the seal of their arms. Done at London, this twentieth day of October, in the year of our Lord one thousand eight hun dred and eighteen. [L. S. ALBERT GALLATIN, L. S. RICHARD RUSH, L. S. FREDERICK JOHN ROBINSON, L. S.] HENRY GOULBOURN. NOTE.-Ratified by the Prince Regent on the 2d of November, 1818.By the President and Senate, on the 28th January, 1819. exchanged at Washington on the 30th Jan'y. 1819. |