1794.

ART. 26. If at any time a rupture should take place (which God forbid,) between his majesty and the United States, the November 19. merchants and others, of each of the two nations, residing in the dominions of the other, shall have the privilege of remain. ture, the mer In case of a ruping, and continuing their trade, so long as they behave peace- chants & others ably, and commit no offence against the laws; and in case their tions, during conduct should render them suspected, and the respective permitted good behaviour governments should think proper to order them to remove, the continue their term of twelve months, from the publication of the order, shall business, &c. be allowed them for that purpose, to remove with their famil- Merchants, &c. ies, effects and property; but this favor shall not be extended of either party, to those who shall act contrary to the established laws; and and ordered to when suspected for greater certainty, it is declared, that such rupture shall not remove, allow be deemed to exist, while negotiations for accommodating dif- settle their buferences shall be depending, nor until the respective ambassa- siness.

months to

dors, or ministers, if such there shall be, shall be recalled, or Circumstances sent home on account of such differences, and not on account which shall deof personal misconduct, according to the nature and degrees riod of a ruptermine the peof which, both parties retain their rights, either to request the ture. recall or immediately to send home the ambassador or minister of the other; and that without prejudice to their mutual friendship and good understanding.

in the domin

ART. 27. It is further agreed, that his majesty and the Persons chargUnited States on mutual requisitions, by them respectively, ed with murder or forgery or by their respective ministers, or officers, authorized to ing an asylum make the same, will deliver up to justice, all persons who, be- ions of either ing charged with murder or forgery, committed within the party, to be dejurisdiction of either, shall seek an asylum within any of the requisition, &c. livered up on 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 fugitive.

ART. 28. It is agreed, that the first ten articles of this treaty Duration of this shall be permanent, and that the subsequent articles, except treaty. the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this treaty shall be exchanged, but 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

1794.

agreed, that proper measures shall, by concert, be taken, for November 19. 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 United 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 then cease and expire together.

This treaty, after the mutual

Lastly. This treaty, when the same shall have been ratified exchange of ra- by his majesty, and by the president of the United States, by tifications, to be and with the advice and consent of their senate, and the rebinding, &c.

spective ratifications mutually exchanged, shall be binding, and obligatory on his majesty and on the said states, and shall be by them respectively executed and observed, with punctuality and the most sincere regard to good faith; and whereas it

will be expedient in order the better to facilitate intercourse Other articles and obviate difficulties, that other articles be proposed and ed, and added added to this treaty, which articles, from want of time, and to this treaty.

may be propos

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 plenipoten

tiary 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 thousand seven hundred and ninety-four.

GRENVILLE, [L. S.]
JOHN JAY.

[L. S.]

NOTE. The first ten articles of this treaty to be permanent; the others, with the exception of the 12th, limited to twelve years; the subject of the 12th article to be discussed anew, before its expiration; but if no further arrangement can be made, then all the articles, except the ten first, to expire together.

SIR,

PHILADELPHIA, September 5, 1793.

1794. November 19.

Letter from

I am honored with yours of August 30. Mine of the 7th of that month assured you that measures were taken for exclud- Thomas Jeffering from all further asylum in our ports, vessels armed in them son to George Hammond, on to cruise on nations with which we are at peace, and for the the subject of restoration of the prizes the Lovely Lass, Prince William for Bensations Henry, and the Jane of Dublin; and that should the measures sels captured for restitution fail in their effect, the president considered it ted out in ports as incumbent on the United States to make compensation for of the U.States.

the vessels.

British ves

by cruisers fit

in relation to

rent nations, to protect their

We are bound by our treaties with three of the belligerent Obligation of nations, by all the means in our power, to protect and defend the U. States, their vessels and effects in our ports, or waters, or on the seas three belligenear 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 &c. our treaties with those nations to make compensation.

vessels, &c. in American ports

The rule extended to Great

Though we have no similar treaty with Great Britain, it was the opinion of the president, that we should use towards that Britain, altho' nation the same rule, which, under this article, was to govern treaty. not required by 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 armed within them.

make compen

Having, for particular reasons, forbore to use all the means The president in our power for the restitution of the three vessels mentioned determined to in my letter of August 7th, the president thought it incum- sation for cerbent on the United States to make compensation for them: And the restitution tain vessels, for though nothing was said in that letter of other vessels taken of which suitaunder like circumstances, and brought in after the 5th of June, not been made and before the date of that letter, yet when the same forbear- by the U.States. ance had taken place, it was and is his opinion, that compen

sation would be equally due.

ble efforts had

As to prizes made under the same circumstances and brought Determination in after the date of that letter, the president determined, that all the means in our power should be used for their restitu- milar cases. tion. If these fail, as we should not be bound by our treaties to make compensation to the other powers in the analagous 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 equally incumbent on the United States.

1794.

states instruct

Instructions are given to the governors of the different states, November 19. to use all the means in their power for restoring prizes of this Governors of last description found within their ports. Though they will, ed to use all the of course, take measures to be informed of them, and the genemeans in their ral government has given them the aid of the custom house tore prizes officers for this purpose, yet you will be sensible of the imporfound in their tance of multiplying the channels of their information as far

power to res

ports, &c.

Mr. Hammond to communicate

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 with governors will always be best to give the notice to them directly; but any of states, &c. information which you shall be pleased to send to me, also, at any time, shall be forwarded to them as quickly as distance will permit.

Intention of the president dis

Hence you will perceive, Sir, that the president contemtinctly stated. plates restitution or compensation in the case before the 7th of August; and after that date, restitution if it can be effected Important ford by any means in our power. And that it will be important to substantiate that you should substantiate the fact, that such prizes are in

facts.

His list of pri

our ports or waters.

Your list of the privateers illicitly armed in our ports, is, I

vateers correct. believe, correct.

Losses by de- With respect to losses by detention, waste, spoliation sustention, &c. to be ascertained tained by vessels taken as beforementioned, between the dates bypersons to be of June 5th and August 7th, it is proposed as a provisional meaappointed by collectors and sure, that the collector of the customs of the district, and the the British con- British consul, or any other person you please, shall appoint

suls.

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 where the respective vessels are.

I have the honor to be, &c.

THOMAS JEFFERSON.

GEORGE HAMMOND, Esq.

ADDITIONAL ARTICLE.

That part of the It is further agreed between the said contracting parties,

12th art. of the

treaty of Nov. that the operation of so much of the twelfth article of the said 19th, 1794, re- treaty as respects the trade which his said majesty thereby trade between consents may be carried on between the United States and his British W. Ind islands in the West Indies, in the manner and on the terms dia islands, sus- and conditions therein specified shall be suspended.

FIRST EXPLANATORY ARTICLE.

1796. May 4.

1794.

the

to

Whereas by the third article of the treaty of amity, com. merce, and navigation, concluded at London, on the nine- Explanation teenth day of November, one thousand seven hundred and concerning the ninety-four, between his Britannic majesty and the United treaty of Nov. States of America, it was agreed that it should at all times be Reference free to his majesty's subjects and to the citizens of the United the rights secuStates, and also the Indians dwelling on either side of the red to the Britboundary line assigned by the treaty of peace to the United by that article. States, freely to pass and repass by land, or inland navigation, into the respective territories and countries of the two con- the 8th art. of tracting parties, on the continent of America, (the country the treaty of within the limits of Greenville, con on the

ish and Indiads

Reference to

the Hudson's Bay company only excepted) cluded and to navigate all the lakes, rivers, and waters thereof, and 3d of August, 1795, whichprofreely to carry on trade and commerce with each other, subject hibits the resito the provisions and limitations contained in the said article: dence of persons, as traders, and whereas, by the eighth article of the treaty of peace and at the Indian friendship concluded at Greenville, on the third day of August, towns, without one thousand seven hundred and ninety-five, between the the U. States. United States and the nations or tribes of Indians, called the Wyandots, Delawares, Shawanoes, Ottowas, 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 Doubts concerBritannic majesty and of the United States, that this point ning the compatibility of the should be so explained, as to remove all doubts, and promote 3d art. of the mutual satisfaction and friendship: and for this purpose, his treaty of Nov. 1794, between Britannic majesty having named for his commissioner, Phin- the U States & G. Britain, and eas Bond, esquire, his majesty's consul general for the mid- the 8th article dle and southern states of America; (and now his majesty's Greenville of the treaty of chargé d'affaires to the United States,) and the president of pecting British the United States having named for their commissioner, rights. Timothy Pickering, esquire, secretary of state of the United States, to whom, agreeably to the laws of the United States, he has intrusted this negotiation; 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,