when such reexportation shall take place from the United States in a British vessel or from the Territories of His Britannick Majesty in Europe in an American vessel to any other foreign nation the two Contracting Parties reserve to themselves respectively the Right of regulating or diminishing in such case the amount of the said drawback. The intercourse between the United States and His Britannick Majesty's possessions in the West indies and on the Continent of North America shall not be affected by any of the provisions of this article, but each party shall remain in the complete possession of its rights with respect to such an Intercourse." ARTICLE THE THIRD His Britannick Majesty agrees that the vessels of the United States of America shall be admitted and hospitably received at the the principal settlements of the British Dominions in the East Indies vide licit, Calcutta, Madras Bombay and Prince of Wales' Island, and that the Citizens of the said United States may freely carry on Trade between the said principal settlements and the said United States in all articles of which the importation and exportation respectively to and from the said territories shall not be entirely prohibited-provided only that it shall not be lawful for them in any time of War between the British Government and any State or Power whatever to export from the said Territories without the special permission of the British Government any military stores or naval stores or Rice. The Citizens of the United States shall pay for their vessels when admitted no higher or other duty or charge than shall be payable on the vessels of the most favored European nations and they shall pay no higher or other duties or charges on the importation or exportation of the Cargoes of the said Vessels than shall be payable on the same articles when imported or exported in the vessels of the most favored European nations. But it is expressly agreed that the vessels of the United States shall not carry any articles from the said principal settlements to any Port or place Except to some Port or Place in the United States of America where the same shall be unladen. It is also understood that the permission granted by this article is not to extend to allow the vessels of the United States to carry on any part of the coasting Trade of the said British Territories, but the vessels of the United States having in the first instance proceeded to one of the said principal settlements of the British Dominions in the East Indies and 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 the United States may also touch for refreshment but not for commerce in the course of. their Voyage to or from the British Territories in India, or to or from the Dominions of the Emperor of China, at the Cape of Good Hope the Island of St Helena or such other places as may be in the possession of Great Britain in the African or Indian Seas, it being well understood that in all that regards this article The Citizens of the United States shall be subject in all respects to the laws and regulations of the British Government from time to time Established. a By proclamation of President Jackson, October 5, 1830 (U. S. Stats., Vol. 4, p. 817), the trade with British North America and West Indian possessions was opened to vessels of the United States. ARTICLE THE FOURTH It shall be free for each of the two Contracting Parties respectively to appoint Consuls for the protection of Trade to reside in the dominions and Territories of the other party, but before any Consul shall act as such He shall in the usual form be approved and admitted by the Government to which He is sent, and it is hereby declared that in case of illegal or improper conduct towards the Laws or Government of the Country to which He is sent such Consul may either be 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. It is hereby declared that either of the contracting parties may except from the residence of Consuls such particular places as such Parties shall judge fit to be so excepted ARTICLE THE FIFTH This Convention, when the same shall have been duly ratified by The President of the United States by and with the advice and consent of their Senate and by His Britannick 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 the Ratifications shall be exchanged in six months from this time or sooner if possible. Done at London this third day of July in the year of our Lord one Thousand eight Hundred and Fifteen. [SEAL.] [SEAL.] SEAL. SEAL. [SEAL.] [SEAL.] JOHN QUINCY ADAMS ALBERT GALLATIN FREDERICK JOHN ROBINSON WILLIAM ADAMS DECLARATION. The Undersigned, His Britannick Majesty's Charge d'affaires in the United States of America, is commanded by His Royal 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 deemed expedient, and determined, in conjunction with the Allied Sovereigns, that St Helena shall be the place allotted for the future residence of General Napoleon Bonaparte, under such regulations as may be necessary for the perfect security of his person; and it has been resolved, for that purpose, that all ships and vessels whatever, as well British ships and vessels as others, excepting only ships belonging to the East India Company shall be excluded from all communication with or approach to that Island. It has therefore, become impossible to comply with so much of the third article of the Treaty as relates to the liberty of touching for refreshments 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 Island shall continue to be the place of residence of the said Napoleon Bonaparte.a WASHINGTON, November 24, 1815. ANTHONY ST. JNO. BAKER. "In consequence of the death of Napoleon Bonaparte, the British Government notified the Minister of the United States at London of the cessation of this restriction, on the 30th July, 1821. 1817. ARRANGEMENT BETWEEN THE UNITED STATES AND GREAT BRITAIN, BETWEEN RICHARD RUSH, ACTING AS SECRETARY OF THE DEPARTMENT OF STATE, AND CHARLES BAGOT, HIS BRITANNIC MAJESTY'S ENVOY EXTRAORDINARY, &c. Concluded in April, 1817; advised and consented to by the Senate April 16, 1818; proclaimed April 28, 1818. (Vol. 8, Statutes at Large, p. 231.) The naval force to be maintained upon the American lakes, by His Majesty and the Government of the United States, shall henceforth be confined to the following vessels on each side; that is On lake Ontario, to one vessel not exceeding one hundred tons burden, and armed with one eighteen-pound cannon. On the upper lakes, to two vessels, not exceeding like burden each, and armed with like force. On the waters of Lake Champlain, to one vessel not exceeding like burden, and armed with like forcé. All other armed vessels on these lakes shall be forthwith dismantled, and no other vessels of war shall be there built or armed. If either party should hereafter be desirous of annulling this stipulation, and should give notice to that effect to the other party, it shall cease to be binding after the expiration of six months from the date of such notice. The naval force so to be limited shall be restricted to such services as will, in no respect, interfere with the proper duties of the armed vessels of the other party. 1818. CONVENTION RESPECTING FISHERIES, BOUNDARY AND THE RESTORATION OF SLAVES." Concluded October 20, 1818; ratification advised by the Senate January 25, 1819; ratified by the President January 28, 1819; ratifications exchanged January 30, 1819; proclaimed January 30, 1819. (Treaties and Conventions, 1889, p. 415.) ARTICLES. I. Fisheries. IV. Commercial convention extended. II. Boundary from the Lake of the V. Claims for restitution of slaves. Woods to the Stony Mountains. VI. Ratification. III. Country west of the Stony Mountains. 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 States, on his part, has appointed, Albert a Federal case: McKay v. Campbell, 2 Sawy, 118. Gallatin, Their Envoy Extraordinary and Minister Plenipotentiary to the Court of France; and Richard Rush, Their Envoy Extraordinary and Minister Plenipotentiary to the Court of His Britannic Majesty: And His Majesty has appointed The Right Honorable Frederick John Robinson, Treasurer of His Majesty's Navy, and President of the Committee of Privy Council for Trade and Plantations; and Henry Goulburn Esquire, one of His Majesty's Under Secretaries of State: Who, after having exchanged their respective Full Powers, found to be in due and proper Form, have agreed to and concluded the following Articles. ARTICLE I. Whereas differences have arisen respecting the Liberty claimed by the United States for the Inhabitants thereof, to take, dry, and cure Fish on certain Coasts, Bays, Harbours, and Creeks of His Britannic Majesty's Dominions in America, it is agreed between The High Contracting Parties, 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 Streights of Belleisle and thence Northwardly indefinitely along the Coast, without prejudice however, to any of the exclusive Rights of the Hudson Bay Company: and that the American Fishermen shall also have liberty forever, to dry and cure Fish in any of the unsettled Bays, Harbours, and Creeks of the Southern part of the Coast of Newfoundland hereabove described, 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 heretofore enjoyed or claimed by the Inhabitants thereof, to take, dry, or cure Fish on, or within three marine Miles of any of the Coasts, Bays, Creeks, or Harbours of His Britannic Majesty's Dominions in America not included within the above mentioned 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, or 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. ARTICLE II. It is agreed that a Line drawn from the most North Western 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 Forty Ninth Parallel of North Latitude, then that a Line drawn 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 Demarcation 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.— ARTICLE III.a It is agreed, that any Country that may be claimed by either Party on the North West Coast of America, Westward of the Stony Mountains, shall, together with it's Harbours, Bays, and Creeks, and the Navigation of all Rivers within the same, be free and open, for the term of ten years from the date of the Signature of the Present Convention, to the Vessels, Citizens, and Subjects of the Two Powers: it being well understood that this Agreement is not to be construed to the Prejudice of 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. ARTICLE IV. All the Provisions of the Convention "to regulate 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, & excepting also so far as the same was affected by the Declaration of His Majesty respecting the Island of St. Helena, are 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.— ARTICLE V.C Whereas it was agreed by the first Article of the 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 herein"after mentioned, shall be restored without delay, and without caus"ing any destruction, or carrying away any of the Artillery or other public Property originally captured in the said Forts or Places "which shall remain therein upon the Exchange of the Ratifications "of this Treaty, or any Slaves or other private Property", and whereas under the aforesaid Article the United States claim for their Citizens, and as their private Property, the Restitution of, or full Compensation 66 a See Convention of 1827, p. 316. See Convention of 1815, p. 308. c Referred to Emperor of Russia. See Convention of 1822, p. 315. |