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John] 1793-1863 [Russell.

The history of the war, betwee the United States and Great-Britain, which commenced in June, 1812, and closed in Feb. 1815 .. online

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the undersigned are led to expect from the discus-
sion which this subject has already undergone, that
the north west boundary from the lake of the Woods
to the Mississippi, the intended arrangement of 1803,
-will be admitted without objection.

In regard to other boundaries the American pleni-
potentiiuies in their note of August 24th, appeared in
some measure to object to the propositions then made
by the undersigned as the basis of uti possidetis.
The undersigned are willing to treat on that basis,
subjectto such modifications as mutual convenience
may be found to require, and they trust that the
American plenipotentiaries will shew by their ready
acceptance of this basis, that they duly appreciate the
moderation of his majesty's government in so far con-
sulting the honor and fair pretensions of the U. States
as in the relative situation of the two countries, to
authorise such a proposition.

The undersigned avail themselves of this opportu-
nity to renew to the American plenipotentiaries, the
assurance of their high considertion.

GAMBIEK,

HENRY GOULBURN.
WILLIAM ADAIMS.



APPENDIX. 421

The American to the British Commissioners.
Ghent, October 24, 1814.

The undersigned have the honor to acknowledge
the receipt of the note of the British plenipotentiaries
of the 21st inst.

Amonsfst the g-eneral observations which the nn-
dersigned, in their note of the 24th Aug. made on the
propositions then brought forward on the part of the
British government, they remarked thatthose proposi-
tions were founded neitlier on the basis of uti posside-
tis, nor on that oi' status ante bellvm. But so far were
they from suggestmg the uti possidetis as the basis on
which they were disposed to treat, that in the same note
they expressly stated that they had been instructed to
conclude a peace on the principles of both parties re-
storing whatever territory they might have taken.
The undersigned also declared in that note, that they
had no authority to cede any part of the territory of
the U. Siates, and that to no stipulation to that effect
would they subscribe ; and in the note of the 9th Sept.
after having shewn that the basis of uti possidetis,such
as was known to exist at the commencement of the
negociation, gave no clami to his Britannic majesty
to cession of territory founded upon the right of con-
quest, they added that even if the chances of war
should give to the British arms a momentary posses-
sion of other parts of the territory of the U. States,
such events would not alter their views with reijard
to the terms of peace to which they would give their
consent.

The undersigned can now only repeat those de-
clarations and dechne treating upon the basis of uti
possidetis, or upon any other principle involving a
cession of any part of the territory of the U. States.
As they have uniformly stated, they can treat only
upon the principle of mutual restoration of whatever
territory may have been taken by either party. From
this principle they cannot recede, and the undersign-
ed after the repeated declarations of the British Ple-
nipotentiaries, that G. Britain had no view to acqui-
aition of territory, in this negociation, deem it neces-



422 APPENDIX.

sary to add, that the utility of its continuance depends
on their adherence to this principle.

The undersigned having declared in their note of
the 21st of Aug. that although instructed and prepar-
ed to enter into an amicable discussion of all the
points, on which differences or uncertainty had ex-
isted, and which might hereafter tend to interrupt
the harmony of the two countries, they would not
make the conclusion of the peace at all depend upon
a sucessful result of the discussion, and having since
agreed to the preliminary article proposed by the
British government, had believed that the negocia-
lion already so long protracted, could not be brought
to an early conclusion, otherwise than by the commu-
nication of a project embracing all the other specific
propositions which G. Britain intended to offer.
They repeat their request in that respect and will
have no objection to a simultaneous exchange of the
projects of both parties. This course will bring fair-
ly into discussion the other topics embraced in the
last note of the British plenipotentiaries, to which the
undersigned have thought it necessary to advert at the
present time.

The undersigned renew to the British plenipoten-
tiaries the assurance of their high consideration.



J. a ADAiMS,
.1. A. BAYARD,
H. CLAY,



JONATHAN RUSSELL,
ALBERT GALLATIN.



The British to the American Comr/iissioners
Ghent, Oct. 31st, 1814.

The undersigned have the honor to acknowledge
the receipt of the note addressed to them by the Amer-
ican plenipotentiaries on the 24th inst. in which they
object to the basis of uti possidetis proposed by the un-
dersigned as that on which they are willing to treat in
regard to part of the boundaries between the do-
minions of his Majesty and those of the U. States.

The American plenipotentiaries in their note of the
ISlhinst. requested the undersigned to communicate
to them the project of a treaty embracing all the



APPENDIX. 423

points insisted on by G.Britain, engaging on their
part to deliver immediately after a contra project as to
all the articles to which they might not agree, and as
to all the subjects deemed material by tlie U. States,
and omitted in the project of the undersigned.

The undersigned were accordingly instructed to
wave the question of etiquette and the advantage
■which might result from receiving the first commu-
nication, and, confiding in the engagement of the
American plenipotentiaries, communicated in their
note of the 21st lust, all the points upon which they
are instructed to insist.

The American plenipotentiaricshave objected to one
esseutialpart of the project thus communicated: but
before the undersigned can enter into the discussion on
Uiis objection, they must require from the American
plenipotentiaries that, pursuant to their engagement,
they will deliver a contre project containing all their
objections to the points submitted by the undersigned
together with a statement of such further points as
the government of the U. States consider to be ma-
terial.

The undersigned are authorized to stale distinctly,
that the article as to the pacification and rights of the In-
dian nations having been accepted, they have brought
forward in their note of Ihe 21st inst. all the proposi-
tions they liave to offer. They have no farther de-
mands to make, no other stipulations on which the v
are instructed to insist, and they are empowered to
sign a treaty of peace forthwith in conformity witli
those stated in their former note.

The undersigned trust therefore that the American
plenipotentiaries will no longer hesitate to bring for-
ward in the form of articles or otlierwise, as they may
prefer, those specific propositions upon which the}'
are empowered to sign a treaty of peace between the
two countries.

GAMBTER,

HENRY GOULBURN,

W. ADAMS.



424 APPENDIX.

TREATY OF PEACE.
JAMES MADISON,

PRESIDENT OK THE UiNITtD STATES OF AMERICA.

To all and singular to whom these jnesents shall come.
Greeting :
WHEREAS a treaty of peace and amity between

the United States of America, and his Britarmic ma-
jesty was signed at Ghent, on the twenty-fourth day
of December, one thousand eight hundred and four-
teen, by the plenipotentiaries respectively appointed
for that purpose ; and the said treaty having been, by
and with the advice and consent of the senate of the
United Stales, duly accepted, ratified, and confirmed,
on the seventeenth day of February, one thousand
eight hundred and fifteen ; and ratified copies thereof
having been exchanged agreeably to the tenor of the
said treaty, which is in the words following, to wit :

Treaty of peace and amity between his Britannic

31ajesty and the United States of America.
His Britannic majesty and the United States of
America, desirous of terminating the war which has
unhappily subsisted between the two countries, and
of restoring, upon principles of perfect reciprocity,
peace, friendship, and good understanding between
them, have, for that purpose, appointed their respec-
tive plenipotentiaries, that is to say : his Britannic
majesty, on his part, has appointed the right honorable
James lord Gambier^ late Admiral of the white, now
Admiral of the red scpiadron of his majesty's fleet,
Henry Goullmrn, Esquire, a member of the nii[)erial
parliament and under secretary of state, and William
Adams, Esquire, doctor of civil laws : — and the Pre-
sident of the United States, by and with the advice
and consent of the senate thereof, has appointed John
Quincy AdamSy James A. Bayardj Henry Clayy
Jonathan Rnssell, and Albert Gallatiny citizens of
the United States, who, after a reciprocal communi-
cation of their respective full powers, have agreed up-
on the followino: articles :



APPENDIX. 425

ARTICLE THE FIRST.

There shall be a firm and universal peace between
his Britannic majesty and the United States, and be-
tween their respective 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 havet)een
ratified by both parties, as hereinafter mentioned.
All territory, places and possessions whatsoever, taken
from either party by 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 caplnred 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 propei'ty. 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 offi-
cers of either parly, shall be, as far as may be prac-
ticable, forthwith restored and delivered to the prop-
er authorities and persons to whom they respectively
belong. Such of the islands in the bayofPus-
samaquaddy as are claimed by both parties, shall
remain in the possession of the party in whose occu-
pation they may be at the time of the exchange of
the ratifications of this treaty, until the decision res-
pecting the title to the said islands shall have been
made m 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 aftect the right of either.

AUTICLE THE SECOND.

Immediately alter the ratifications of this treaty by

both parties, as hereinafter mentioned, orders shaH

be sent to the armies, squadrons, officers, subjects

and citizens, of the two powers to ceasp. from all hos-

54



42t> appendix:*

tilities : and to prevent all ciuses of complaiul whiclb
might arise on account of the prizes which may be
taken at sea after the said ratifications of this treaty,
it IS reciprocally agreed, that all vessels and effects
winch nipy betaken after the space ot" twelve days
from the s.»id ratifications, u|)Oh ail parts of the coast
of North A'.nerica, from the latitude of twenty-three
degrees noith, to the latitude of fifty degrees north,
and as far eastward in the Atlantic ocean, as the
thirty-sixth degree of west longitude from the meridi-
an of Greenwich, shall be restored to each side.
That the time shall be thirty davs m all other parts
of the Atlantic ocean, north of the equinoctial line or
equator, and the same time for the British and Irish
channels. lor the Gulf of Mexico and all parts of the
West-Indies ; forty days for the North seas, for the
Baltic, and for all parts of the Mediterranean ; sixty
days for the Atlaiitic ocean sou h of the equator as
far as the latitude of the Ca|>e of Good Hope; ninety
days for every part of the world south of the equator ;
and one hundred and twenty days for all other parts^
of the world, without exception.

ARTICLE THE THII'D.

All prisoners of war taken on either side, as well
by land as by sea, shall be restored as soon as prac-
ticable after the ratification or this treaty, as herein-
after mentioned, on their paying the debts which they
may have contracted during their captivity. The
two contracting parties respectively engage to dis-
charge in specie, the advances whi^h may have been
made by the other for the sustenance and mainten-
ance of such prisoners.

ARTICLE THE FOURTH.

Whereas it was stipulated by the second article in
the treaty of peace, of one thousand seven hundred
and eighty-three, between his Britannic majesty and
the Unite<! States of America, 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 bounda*



APPENDIX. 427

nes, between Nova Scotia, on the one part, and East
Florida on tlie other, shall respectively touch the Bay
of Funday, 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 Passamaqnoddy, 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 clanued as belong-
ing to his Britannic majesty, as having been at the
time of, and previous to, the aforesaid treaty of one
thousand seven hundred and eighty-three within the
limits of the province of Nova Scotia : in order, there-
fore, 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 com-
missioner shall be appointed by his Britannic majes-
ty, and one by the President of the Uiwted States, by
and with the advice and consent of the senate thereof,
and the said two commissioners so appointed shall
be sworn impartially to examine and decide upon the
said claims according to such evidence as shall be
laid before them on the part ot his Britannic majesty
and of the United States respectively. The said
commissioners shall meet at St. Andrews, in the pro-
vince of New Brunswick, and shall have power to ad-
journ to such other place or places as they shall think
fit. The said commissioners shall, by a declaration
or report under their hands and seals, decide to which
of the two contracting parties the several islands afore-
said do respectively belong, in conformity with the true
intent of the said treaty of peace of one thousand seven
hundred and eighty-three. And if the said commis-
sioners shall agree in their decision, both parties
shall consider such decision as final and conclusive.
It is further agreed, that in the event of the two com-
missioners dift'ering upon all or any of the matters
so referred to them, or in the event of both or either
of the said commissioners refusing or declining, or
wilfully omitting to act as such, they shall make.



428 APPENDIX.

jointlyor separately, a report or reports, as well ta
the g-overmtient of his Britannic majesty as to that of
the United States, stating in detail the points on
which they differ, and the grounds upon which their
respective opinions have been iornied, or the grounds
upon which they, or either of them, have so refused,
declined, or omitted to act. And his Britannic ma-
jesty, and the government of the United States here-
by agree to refer the report or reports of the said com-
missioners, to some friendly sovereign or state, to be
then named for that purpose, and who shall be re-
quested to decide on the differences which may be
stated in the said report or reports, or upon the report
of one commissioner, together with the grounds upon
which the other commissioner shall have refused, de-
clined, or omitted to act as the case may be.
And if the commissioners so refusing, declining,
or omitting to act, shall also wilfully omit to
state the grounds upon which he has so done, in such
manner that the said statement may be referred to
such friendly sovereign or slate, together with the re-
port of such other commissioner, then such sovereign
or state shall decide ex parte upon the said report
alone. And his Britannic majesty and the govern-
ment of the United States enoaoreto consider the de-
cision of some friendly sovereign or state to be such
and conclusive on all the matters so referred.

ARTICLE THE FIFTH

Whereas neither that point of the highlands 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,
now the north-westernmost head of Connecticut riv-
er has not been ascertained ; and whereas that part
of the boundary line between the dominion of the
two powers which extends from the source of the
river St. Croix directly north to the abovementioned
north-west 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 norlh-west«



APPENDIX. 429

ernmost bead of Connecticut river, thence down
along the middle of the river to the farty-fifth degree
of north latitude ; thence by a line due west on said
latitude until it strikes the river Iroquois or Catarag-
ny, has not yet been surveyed : — It is agreed that for
those several purposes two commissioners shall be ap-
pointed, sworn and authorised, to act exactly in the
manner directed with respect to those mentioned in
the next preceding article, unless otherwise specified
in the present article. Tiic said conjuiissioners shall
meet at St. Andrews, in the province of New Bruns-
wick, and shall have power to adjourn to such other
place or places as they shall think lit. The said com-
missioners shall have power to ascertain and deter-
mine the points abovementioned, in conformity with
the provisions of the said treaty of peace of one thou-
sand seven hundred and eighty-three, and shall cause
the boundary aforesaid, from the source of the river
St. Croix to the river Iroquois or Cataragny, to be
surveyed and marked according to the said provisions.
The said commissioners shall make a map of the said
boundary, and annex to it a declaration under their
hands and seals, certifying it to be the true map of
the said boundary, and particularizing the latitude
and longitude of the north-west angle of Nova Sco-
tia, of the north-westernmost head of Connecticut
river, and of such other points of the same boundary
as they may deem proper. And both parties agree
to consider such map and declaration as finally and
conclusively fixing the said boundary. And in the
event of the said two commissioners differing, or both,
or either of them, refusing or declining, oc wilfully
omitting to act, such reports, declarations, or state-
ments, shall be made by them, or either of them, and
such reference to a friendly sovereign or state, shall
be made, in all respects as in the latter part of the
fourth article is contained, and in as full a maiuier as
if the same was herein repeated.

ARTICLE THE SIXTH.

Whereas, by the former treaty of peace that por-
tion of the boundary of the United Stales from the



430 APPENDIX.

point where the forty fifth degree of north latitude
strikes the river Iroquois or Cataragny to the lake
Suj'erior, was declared to be ' along the middle of
said river into lake Ontario, through the middle of
said lake until it strikes the covnmunicatioii by water
between that lake and lake Erie, thei.ce along the
middle of said communication into lake Erie, through
the middle ot 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 said river,
lakes, and water communications, and whether cer-
tain islands lying in the same were within the domin-
ions of his Britannic majesty or ot the United States :
in order, therefore, finally to decide these doubts, they
shall be referred to two commissioners, to be appoint-
ed, sworn, and authorised to act exactly in the man-
ner directed with respect to those mentioned in the
next preceding article, unless otherwise specified in
this present article. The said commissiowers shall
meet, in the first instance, at Albany, in the state of
New-York, and shall have power to adjourn to such
other place or places as they shall think fit. The
said commissioners shall by a report or declaration,
under their hands and seals, designate the boundary
through the said river, lakes, and water communica-
tions, and decide to which of the two contracting par-
lies the several islands lying within the said river,
lakes, and water communications, do respectively
belong, in conformity with the true intent of the said
treaty of one thousand seven hundred and eighty-
three. And both parties agree to consider such de-
signation and decision as tinal and conclusive. And
in the event of the said two commissioners differing,
or both, or either of them, refusing, declining, or wil-
fully omitting to act, such reports, declarations or
statements, shall be made by them, or either of them,
and such reference to a friendly sovereign or state
shall be made in all respects as in the latter part of
the fourth article is contained, and in as full a manner
as if the same was herein repeated.



APPENDIX. 431

ARTICLE THE SEVENTH.

It is further agreed that the said two last mention-
ed commissioners, after they shall have executed the
duties assigned to them in the preceding article, shall
be, and they are hereby authorised, upon their oaths
impartially to fix and determine, according to the
true intent of the said treaty of peace, of one thousand
seven hundred and eighty-three, that part of the boun-
dary between the dominions of the two powers, which
extends from the water comnmnication between lake
Huron and lake Superior, to the most north-western
point of the lake of the Woods, to decide to which of
the two parties the several islands lying in the lakes,
water communications, and rivers, forming the said
boimdary, do respectively belong, in conformity with
the true intent of the said treaty of peace, ol one
thousand seven hundred and eighty-three ; and to
cause such parts of the said boundary, as require it,
to be surveyed and marked. The said commission-
ers shall, by a report or declaration under then* hands
and seals, designate the boundary aforesaid, state
their decision on the points thus referred to them, and
particularise the latitude and longitude of the most
north-western point of the lake of the Woods, and of
such other parts of the said boundary as they may
deem proper. And both parties agree to consider
such designation and decision as final and conclusive.
And in the event of the said two commissioners dif-
fering, or both, or either ofthem refusing, declining,
or wilfully omitting to act, such reports, declarations,
or statements, shall be made by them, or either of
them, and such reference to a Iriendly sovereign or
state, shall be made in all respects, as in the latter
part of the fourth article is contained, and in as full
a manner as if the same was herein repeated.

ARTICLE THE EIGHTH.

The several boards of two commissioners mention-
ed in the four preceedmg articles, shall respectively
have power to appoint a secretary, and to employ such
sur\eyors or other persons as they shall judge neces-
sary. Duplicates of all their respective reports, de-



•i32 APPENDIX.

clarations, statements, and descisions, and of their ac-
counts, and of the journal of their proceedings, shall be
delivered bytheni to the accents of his Britannicmajesty,
and lo the agents of the IT. Stales who may be respect-
ively appointed and authorised to manage the business
on behalf of their respective governments. The said
commissioners shall be respectively paid in such man-
ner as shall be aareed between the two contractins:
parties, such agreement being to be settled at the time
of the exchange of the ratifications of this treaty. — And
all other expences attending the said commissioners



Online LibraryJohn] 1793-1863 [RussellThe history of the war, betwee the United States and Great-Britain, which commenced in June, 1812, and closed in Feb. 1815 .. → online text (page 34 of 38)