An Act declaring War between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their territories.

Be it enacted. That war be and the same is hereby declared to exist between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their territories; and that the President of the United States is hereby authorized to use the whole land and naval force of the United States to carry the same into effect, and to issue to private armed vessels of the United States commissions or letters of marque and general reprisal, in such form as he shall think proper, and under the seal of the United States, against the vessels, goods, and effects of the government of the said United Kingdom of Great Britain and Ireland, and the subjects thereof.

No. 69. Treaty of Ghent

December 24, 1814

THE offer of the Emperor of Russia to mediate between Great Britain and the United States was accepted by the latter, and on April 15, 1813, instructions were issued to commissioners. Great Britain, however, declined the offer of mediation, and suggested direct negotiation; the suggestion was accepted, additional commissioners were appointed, and new instructions issued Jan. 28, 1814. The commissioners held their first conference at Ghent July 11. The treaty was concluded Dec. 24; Feb. 17, 1815, ratifications were exchanged at Washington. The conclusion of the treaty was announced to Congress Feb. 20.

REFERENCES. Text in U. S. Stat. at Large, VIII., 218-223. The diplomatic correspondence is in Amer. State Papers, Foreign Relations, III., 695– 748; IV., 808-811. For dispatches and instructions of the British commissioners, see the Castlereagh Correspondence, series III., vol. II. The diary of J. Q. Adams during the negotiations is in his Memoirs, II., 603-662; III., 3-144. Clay's letters are in Colton's Private Correspondence of Henry Clay, 24-44; Gallatin's, in Adams's Writings of Gallatin, I., 545-647. See also Treaties and Conventions (ed. 1889), 1326–1328, notes on the treaty by J. C. B. Davis.

ARTICLE THE FIRST.

There shall be a firm and universal peace between His Britannic Majesty and the United States, and between their respective

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countries, territories, cities, towns, and people, of every degree, without exception of places or persons. All hostilities, both by sea and land, shall cease as soon as this treaty shall have been ratified by both parties, as hereinafter mentioned. 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 restored 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 all archives, records, deeds, and papers, either of a public nature, or belonging to private persons, which, in the course of the war, may have fallen into the hands of the officers of either party, shall be, as far as may be practicable, forthwith restored and delivered to the proper authorities and persons to whom they respectively belong. Such of the islands in the Bay of Passamaquoddy as are claimed by both parties, shall remain in the possession of the party in whose occupation they may be at the time of the exchange of the ratifications of this treaty, until the decision respecting the title to the said islands shall have been made in conformity with the fourth article of this treaty. No disposition made by this. treaty, as to such possession of the islands and territories claimed by both parties, shall, in any manner whatever, be construed to affect the right of either.

Whereas it was stipulated by the second article in the treaty of peace . . [of 1783] . . . that the boundary of the United States should comprehend all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries, between Nova Scotia, on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy, and the Atlantic ocean, excepting such islands as now are, or heretofore have been, within the limits of Nova Scotia; and whereas the several islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy,

and the island of Grand Menan in the said Bay of Fundy, are claimed by the United States as being comprehended within their aforesaid boundaries, which said islands are claimed as belonging to his Britannic Majesty, as having been at the time of, and previous to, the aforesaid treaty . . ., within the limits of the province of Nova-Scotia: In order, therefore, finally to decide upon these claims, it is agreed that they shall be referred to two commissioners to be appointed in the following manner, viz: one commissioner shall be appointed by his Britannic Majesty, and one by the president of the United States, by and with the advice and consent of the Senate thereof. . . [The commissioners to meet at St. Andrews, N. B. In case of disagreement, the matter to be referred to the decision of some friendly Power.1]

ARTICLE THE FIFTH.

Whereas neither that point of the high lands lying due north from the source of the river St. Croix, and designated in the former treaty of peace between the two powers as the northwest angle of Nova-Scotia, nor the northwesternmost head of Con-. necticut river, has yet been ascertained; and whereas that part of the boundary line between the dominions of the two powers which extends from the source of the river St. Croix directly north to the abovementioned northwest angle of Nova-Scotia, thence along the said highlands which divide those rivers that empty themselves into the river St. Lawrence from those which fall into the Atlantic ocean to the northwesternmost head of Connecticut river, thence down along the middle of that river to the forty-fifth degree of north latitude; thence by a line due west on said latitude until it strikes the river Iroquois or Cataraguy, has not yet been surveyed: it is agreed, that for these several purposes two commissioners shall be appointed, sworn, and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in the present article. [The commissioners to meet at St. Andrews, N. B. Boundary to be surveyed and marked. In case of disagreement, the matter to be referred to the decision of some friendly Power, as in Art. IV.]

1 For the declaration and decision of the commissioners under this article Nov. 24, 1817, see Treaties and Conventions (ed. 1889), 405, 406. — Ed.

ARTICLE THE SIXTH.

Whereas, by the former treaty of peace that portion of the boundary of the United States from the point where the forty-fifth degree of north latitude strikes the river Iroquois or Cataraguy to the lake Superior, was declared to be "along the middle of said river into lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and lake Erie, thence along the middle of said communication into lake Erie, through the middle of said lake until it arrives at the water communication into the lake Huron, thence through the middle of said lake to the water communication between that lake and lake Superior." And whereas doubts have arisen what was the middle of the said river, lakes and water communications, and whether certain islands lying in the same were within the dominions of his Britannic majesty or of the United States: In order, therefore, finally to decide these doubts, they shall be referred to two commissioners, to be appointed, sworn, and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in this present article. [The commissioners to meet at Albany. Boundary to be designated. In case of disagreement, the matter to be referred to the decision of some friendly power, as in Art. IV.1]

ARTICLE THE SEVENTH.

[The commissioners provided for in Art. VI. to determine the boundary between Lakes Huron and Superior and the Lake of the Woods. In case of disagreement, the matter to be referred to the decision of some friendly Power, as in Art. IV.]

The United States of America engage to put an end, immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom they may be at war

For the decision of the commissioners under this article, June 22, 1822, see Treaties and Conventions (ed. 1889), 407-409. ·ED.

at the time of such ratification; and forthwith to restore to such tribes or nations, respectively, all the possessions, rights, and privileges, which they may have enjoyed or been entitled to in

.. [1811]. . ., previous to such hostilities: Provided always. That such tribes or nations shall agree to desist from all hostilities, against the United States of America, their citizens and subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly. And his Britannic Majesty engages, on his part, to put an end immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom he may be at war at the time of such ratification, and forthwith to restore to such tribes or nations, respectively, all the possessions, rights, and privileges, which they may have enjoyed or been entitled to, in . . . [1811] . . ., previous to such hostilities: Provided always, that such tribes or nations shall agree to desist from all hostilities against his Britannic majesty, and his subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly.

ARTICLE THE TENTH.

Whereas the traffic in slaves is irreconcileable with the principles of humanity and justice, and whereas both his Majesty and the United States are desirous of continuing their efforts to promote its entire abolition, it is hereby agreed that both the contracting parties shall use their best endeavors to accomplish so desirable an object.

EARLY in 1814 many towns in Massachusetts presented memorials to the legislature, setting forth the dangers to which the war with Great Britain exposed them, and suggesting the appointment of delegates, "to meet delegates from such other States as might think proper to appoint them, for the purpose

1 Signed: "Gambier, Henry Goulburn, William Adams, John Quincy Adams J. A. Bayard, H. Clay, Jona. Russell, Albert Gallatin."-ED.