who have not borne arms against the said United States. And that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months, unmolested in their endeavours to obtain the restitution of such of their estates, rights and properties as may have been confiscated; and that Congress shall also earnestly recommend to the several States a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation which, on the return of the blessings of peace, should universally prevail. And that Congress shall also earnestly recommend to the several States, that the estates, rights and properties of such last mentioned persons, shall be restored to them, they refunding to any persons who may be now in possession, the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights or properties, since the confiscation. And it is agreed, that all persons who have any interest in confiscated lands, either by debts, marriage settlements or otherwise, shall meet with no lawful impediment in the prosecution of their just rights."

ARTICLE VI.-"That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons for, or by reason of the part which he or they may have taken in the present war; and that no person shall, on that account, suffer any future loss or damage, either in his person, liberty or property; and that those who may be in confinement on such charges, at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued.”

ARTICLE VII." There shall be a firm and perpetual peace between His Britannic Majesty and the said States, and between the subjects of the one and the citizens of the other, wherefore all hostilities, both by sea and land, shall from henceforth cease; All prisoners on both sides shall be set at liberty, and His Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons and fleets from the said United States,

and from every post, place and harbour within the same; leaving in all fortifications the American artillery that may be therein; And shall also order and cause all archives, records, deeds and papers, belonging to any of the said States, or their citizens, which, in the course of the war, may have fallen into the hands of his officers, to be forthwith restored and deliver'd to the proper States and persons to whom they belong."

ARTICLE VIII.-"The navigation of the river Mississippi, from its source to the ocean, shall forever remain free and open to the subjects of Great Britain, and the citizens of the United States."

ARTICLE IX. "In case it should so happen that any place or territory belonging to Great Britain or to the United States, should have been conquer'd by the arms of either from the other, before the arrival of the said provisional articles in America, it is agreed, that the same shall be restored without difficulty, and without requiring any compensation."

ARTICLE X.-"The solemn ratifications of the present treaty, expedited in good and due form, shall be exchanged between the contracting parties, in the space of six months, or sooner if possible, to be computed from the day of the signature of the present treaty. In witness whereof, we the undersigned, their Ministers Plenipotentiary, have in their name and in virtue of our full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be affixed thereto.

"Done at Paris, this third day of September, in the year of our Lord one thousand seven hundred and eighty-three.

"D. HARTLEY. "JOHN ADAMS. "B. FRANKLIN. "JOHN JAY.” 1

' Immediately after the conclusion of peace disputes began to arise between the two countries. The United States complained of infractions of the treaty on the part of Great Britain, inasmuch as 3000 negroes had been carried away by the British fleet, in violation of the 7th article of the treaty; and that British troops were not withdrawn from the western posts. These complaints were met by the assertion that the negroes carried away had been freed by the British commanders during the war, and did not, therefore, come under the stipulations of the

GREAT BRITAIN, 1794.

ARTICLE I. Declaration of amity.

ARTICLE II.-Withdrawal of British forces.

ARTICLE III. (Commerce and navigation.)-It is stipulated by this article that commerce by land, and inland navigation between the two countries in America, shall be free. But this agreement does not extend to the admission of vessels into the seaports, harbors, bays or creeks of the two nations; nor to rivers below the highest port of entry. "The river Mississippi shall, however, according to the treaty of peace, be entirely open to both parties."

Further, there are to be no discriminating duties on account of nationality.

ARTICLE IV. (Survey of the Mississippi.)—" Whereas it is uncertain whether the river Mississippi extends so far to the northward as to be intersected by a line to be drawn due west from the Lake of the Woods, in the manner mentioned in the

treaty; and in respect to the withdrawal of troops, that it had been delayed on account of the failure of the United States to carry out the provisions of the treaty in respect of British debts (Article IV). and the confiscation of the property of Tories (Articles V. and VI.) Some of the States had passed laws impeding the collection of these debts, and confirming the confiscation which had been made. Under the Confederation, treaties were not the "law of the land," and were not binding upon the States. But under the Constitution this defect was remedied, and the British creditor could go into the federal courts and collect his debt in spite of any adverse law of a State. (The case of Ware v. Hylton.)

Other causes of complaint on the part of the United States were the impressment of American seamen, and the alleged inciting of Indians to hostilities against the United States. When the war broke out between England and France, in 1793, a new cause of dispute arose from the action of the first-named State in detaining American produce bound for France. In this critical state of affairs, Washington decided to make a final attempt at a peaceable solution of the difficulties. To this end Chief Justice JAY was commissioned as envoy extraordinary for the purpose of negotiating a treaty with England (April 19, 1794). Besides the subjects of dispute mentioned above, there were others growing out of a difference of interpretation of the 2d article of the treaty of peace respecting boundaries.

treaty of peace between His Majesty and the United States; it is agreed that measures shall be taken in concert between His Majesty's Government in America and the Government of the United States, for making a joint survey of the said river from one degree of latitude below the falls of St. Anthony, to the principal source or sources of the said river, and also of the parts adjacent thereto; and that if, on the result of such survey, it should appear that the said river would not be intersected by such a line as is above mentioned, the two parties will thereupon proceed, by amicable negotiation, to regulate the boundary line in that quarter, as well as all other points to be adjusted between the said parties, according to justice and mutual convenience, and in conformity to the intent of the said treaty."

ARTICLE V.-Provides for the appointment of three commissioners to determine the St. Croix river.

ARTICLE VI.-(British creditors.)-"Whereas it is alleged by divers British merchants and others, His Majesty's subjects, that debts, to a considerable amount, which were bona fide contracted before the peace, still remain owing to them by citizens or inhabitants of the United States, and that by the operation of various lawful impediments since the peace, not only the full recovery of the said debts has been delayed, but also the value and security thereof have been, in several instances impaired and lessened," etc.

For the purpose of ascertaining the amount of any such losses and damages, five commissioners were to be appointed to adjudicate upon these debts. Two of these commissioners to be appointed by Great Britian, two by the United States, and the fifth by the unanimous voice of the other four.

ARTICLE VII.-(American claims.)-Provides for a board of five commissioners to ascertain and adjudicate upon the claims. of American citizens for losses by illegal captures by British cruisers during the war then going on.

"ARTICLE VIII.-Stipulation in respect of the expenses of commissioners mentioned in the preceding articles.

ARTICLE IX.-No discrimination in land tenures.

ARTICLE X.-(Debts and moneys not to be confiscated in time of war.)" Neither the debts due from individuals of the one nation to individuals of the other, nor shares, nor monies, which they may have in the public funds, or in the public or private

banks shall ever in any event of war or national differences be sequestrated or confiscated, it being unjust and impolitic that debts and engagements contracted and made by individuals, having confidence in each other and in their respective Governments, should ever be destroyed or impaired by national authority on account of national differences and discontents."

ARTICLE XII.-(Trade with the British West Indies.)United States citizens are permitted to carry to the British West Indies, in their own vessels, not being above the burthen of seventy tons, goods, being of the growth, manufacture or produce of the United States, which it is lawful to carry to those islands from the said States in British vessels.

United

And in the same manner the citizens of the States may carry away in their said vessels to the United State such articles, being of the growth, manufacture or produce of said islands, as may be carried thence in British vessels.

"Provided always, that the said American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared that, during the continuance of . this article, the United States will prohibit and restrain the carrying any molasses, sugar, coffee, cocoa or cotton in American vessels, either from His Majesty's islands or from the United States to any part of the world except the United States, reasonable sea-stores excepted. Provided, also, that it shall and may be lawful, during the same period, for British vessels to import from the said islands into the United States, and to export from the United States to the said islands, all articles whatever, being of the growth, produce or manufacture of the said islands, or of the United States respectively, which now may, by the laws of the said States, be so imported and exported. And that the cargoes of the said British vessels shall be subject to no other or higher duties or charges, than shall be payable on the same articles if so imported or exported in American vessels.

"It is agreed that this article, and every matter and thing therein contained, shall continue to be in force during the continuance of the war in which His Majesty is now engaged; and also for two years from and after the date of the signature of the preliminary or other articles of peace, by which the same may be terminated."