account of the cabinet meeting at which the proclamation was discussed is in his Works (ed. 1854), IX., 142, 143; for his own views on the subject, ib., IV., 17-20, 29-31. For the controversy between Hamilton and Madison, under the names of "Pacificus" and "Helvidius," see Hamilton's Works ed. 1851), VII., 76–117, and Madison's Writings (ed. 1865), I., 611-654.

WHEREAS it appears that a ste of war exists between Austria, Prussia, Sardinia, Great Britain and the United Netherlands, of the one part, and France on the other; and the duty and interest of the United States require, that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerent Powers:

I have therefore thought fit by these presents to declare the disposition of the United States to observe the conduct aforesaid towards those Powers respectively; and to exhort and warn the citizens of the United States carefully to avoid all acts and proceedings whatsoever, which may in any manner tend to contravene such disposition.

And I do hereby also make known, that whosoever of the citizens of the United States shall render himself liable to punishment or forfeiture under the law of nations, by committing, aiding, or abetting hostilities against any of the said Powers, or by carrying to any of them those articles which are deemed contraband by the modern usage of nations, will not receive the protection of the United States, against such punishment or forfeiture; and further, that I have given instructions to those officers, to whom it belongs, to cause prosecutions to be instituted against all persons, who shall, within the cognizance of the courts of the United States, violate the law of nations, with respect to the Powers at war, or any of them.

GEO. WASHINGTON.

No. 57.

Treaty with Great Britain

November 19, 1794

THE non-observance by Great Britain of the provisions of the treaty of 1783 in regard to the carrying away of slaves and the withdrawal of troops led to extended but fruitless diplomatic correspondence. In the autumn of 1793 relations between the two countries were further strained by the admiralty

orders for the seizure of neutral vessels laden with provisions destined for French ports. April 16, 1794, Washington nominated John Jay, chief justice of the Supreme Court, as envoy extraordinary to negotiate with Great Britain. By a vote of 18 to 8 the nomination was confirmed. Jay reached London June 15, and Nov. 19 the treaty was concluded. The treaty was submitted to the Senate, in special session, June 8, 1795; on the 24th ratification was advised, with a special reservation as to the twelfth article. An act of May 8, 1796, made appropriations for carrying the treaty into effect.

REFERENCES. Text in U. S. Stat. at Large, VIII., 116–129. Jay's instructions and the diplomatic correspondence are in Amer. State Papers, Foreign Relations, I., 472-520. The proceedings of the Senate are in the Annals, 3d Cong., 854-868; discussions in the House are in the Annals, 4th Cong., 1st Sess., 426-783, and in Benton's Abridgment, I., 639–754. Washington's message refusing compliance with the request of the House for papers relating to the treaty is in Amer. State Papers (Wait's ed., 1817), II., 102-105. For Hamilton's objections to the treaty when first made known, see Gibbs's Administrations of Washington and Adams, I., 223, 224; for his later views, over names of "Horatius" and "Camillus," see his Works (ed. 1851), VII., 169-528. See also Works of Fisher Ames (ed. 1809), 58-93, speech on the treaty; Wharton's Digest of Intern. Law (ed. 1887), II., 161–163; and ib., II., 158, 159, for references to judicial decisions involving the treaty.

There shall be a firm, inviolable and universal peace, and a true and sincere friendship between his Britannic Majesty, his heirs and successors, and the United States of America; and between their respective countries, territories, cities, towns and people of every degree, without exception of persons or places.

...

ARTICLE II.

His Majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the treaty of peace to the United States. This evacuation shall take place on or before . . . [June 1, 1796,] . . . : The United States in the mean time at their discretion, extending their settlements to any part within the said boundary line, except within the precincts or jurisdiction of any of the said posts. All settlers and traders, within the precincts or jurisdiction of the said posts, shall continue to enjoy, unmolested, all their property of every kind, and shall be protected therein. They shall be at full lib

erty to remain there, or to remove with all or any part of their effects; and it shall also be free to them to sell their lands, houses, or effects, or to retain the property thereof, at their discretion; such of them as shall continue to reside within the said boundary lines, shall not be compelled to become citizens of the United States, or to take any oath of allegiance to the government thereof; but they shall be at full liberty so to do if they think proper, and they shall make and declare their election within one year after the evacuation aforesaid. And all persons who shall continue there after the expiration of the said year, without having declared their intention of remaining subjects of his Britannic Majesty, shall be considered as having elected to become citizens of the United States.

ARTICLE III.1

It is agreed that it shall at all times be free to his Majesty's subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line, freely to pass and repass by land or inland navigation, into the respective territories and countries of the two parties, on the continent of America (the country within the limits of the Hudson's bay Company only excepted) and to navigate all the lakes, rivers and waters thereof, and freely to carry on trade and commerce with each other. But it is understood, that this article does not extend to the admission of vessels of the United States into the sea-ports, harbours, bays, or creeks of his Majesty's said territories; nor into such parts of the rivers in his Majesty's said territories as are between the mouth thereof, and the highest port of entry from the sea, except in small vessels trading bona fide between Montreal and Quebec, under such regulations as shall be established to prevent the possibility of any frauds in this respect. Nor to the admission of British vessels from the sea into the rivers of the United States, beyond the highest ports of entry for foreign vessels from the sea. The river Mississippi shall, however, according to the treaty of peace, be entirely open to both parties; and it is further agreed, that all the ports and places on its eastern side, to whichsoever of the parties belonging,

1 See explanatory article, May 4, 1796: Treaties and Conventions (ed. 1889), 295, 296. ED.

may freely be resorted to and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of his Majesty in GreatBritain.

All goods and merchandize whose importation into his Majesty's said territories in America, shall not be entirely prohibited, may freely, for the purposes of commerce, be carried into the same in the manner aforesaid, by the citizens of the United States, and such goods and merchandize shall be subject to no higher or other duties, than would be payable by his Majesty's subjects on the importation of the same from Europe into the said territories. And in like manner, all goods and merchandize whose importation into the United States shall not be wholly prohibited, may freely, for the purposes of commerce, be carried into the same, in the manner aforesaid, by his Majesty's subjects, and such goods and merchandize shall be subject to no higher or other duties, than would be payable by the citizens of the United States on the importation of the same in American vessels into the Atlantic ports of the said states. And all goods not prohibited to be exported from the said territories respectively, may in like manner be carried out of the same by the two parties respectively, paying duty as aforesaid.

No duty of entry shall ever be levied by either party on peltries brought by land, or inland navigation into the said territories respectively, nor shall the Indians passing or repassing with their own proper goods and effects of whatever nature, pay for the same any impost or duty whatever. But goods in bales, or other large packages, unusual among Indians, shall not be considered as goods belonging bona fide to Indians.

No higher or other tolls or rates of ferriage than what are or shall be payable by natives, shall be demanded on either side; and no duties shall be payable on any goods which shall merely be carried over any of the portages or carrying-places on either side, for the purpose of being immediately re-imbarked and carried to some other place or places. But as by this stipulation it is only meant to secure to each party a free passage across the portages on both sides: it is agreed, that this exemption from duty shall extend only to such goods as are carried in the usual and direct road across the portage, and are not attempted to be in

any manner sold or exchanged during their passage across the

same. •

ARTICLE IV.

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 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 negociation, 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.1

Whereas doubts have arisen what river was truly intended under the name of the river St. Croix, mentioned in the said treaty of peace, and forming a part of the boundary therein described; that question shall be referred to the final decision of commissioners to be appointed in the following manner, viz. [Each party to choose one commissioner, and these two to choose a third. The commissioners to "decide what river is the river St. Croix, intended by the treaty," and the decision to be final.]

ARTICLE VI.

Whereas it is alledged 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,

1 See explanatory article, March 15, 1798: Treaties and Conventions (ed. 1889), 396, 397. — ED.