Newspapers / The Wilmington Chronicle: North … / July 24, 1795, edition 1 / Page 2
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«ffree on tlic choice of a thir^ ; ornf they cannot To agree,-they (hall each propofe one perfoii, and of the tao names (b propofed, one (hall be drawn by lot in the prcfencc of the two ori - ginal commillioncrs. And the tlir.ee coniniiifioneis, lb appointed, (hall be fworn impartially to cxaniiiic and de cide the laid ^ueftion according to fuch evidence as (hall refpetftively be laid belbre them on the part of the Britifh goverament and of the United States. The faid commillioners lhall meet ac HalifeT, and thall naye^potver to ad-« iourn to fuch other place or places as they mall think fit. They lhall have power to appoint a fecretary, and to employ fuch furvcyoiS or other perfons as they mnl 1 judge necelfeTy. Tlic fai^ : comIni^^oncrs Hull by a declaration under their hands and (5?als dccidb what river is the river St. Groix intended bv the treaty.—The laid declaration fliall contain a deferipiinu of the faid river, and lhall particularize the latitude and longitude of its mouth and of its Iburce. Duplicates of this declaration and of the ftatements of their accounts, and of- the journal of their proceedings fliall be delivered by them to the agent of his majefty and to the agent of the United Spates, who may be refpe(^lively■ appointed and authorized 'to manage, the bufinefs on behalf of the refpeiflive'' govern meiKs. And both parties agree to confivler fuch decifion as final and cuiltiufive, fo as that rtie thne lhall ne ver thereafter be called in quellibn, or made the fubjet^f of dil^ute or differ ence between them. Art. VI. Whereas it is alleged by divers BrjiiOi merchants and oijiers his inojeftv *s fubjedfs, that debts to a con. livferaWc anioi:ut, which were htna file contrav'xed before the peace, Hill ie~ in\iu owing to rbeni by citizens or in- habnants of the United 'States, and that by the operation of various kiwful impedirnt-nts (ince tlic peace, .not only the full recovery of die faid debts has been delayed,' but alfo the value and feoiniiy thereof have been, in leveral infl.inces impaired and leffened, (b that by the ordinary coiirle of j idiclal p:o- ccedhigs, the Britilh creditors cannot now obtain, and actually have and re ceive full and adequate compenfation lor the Ioffes and damages which they have thereby fullaincd : it is agreed, in all fuch cafes where full compenru- tiofi for Ihch Ioffes and damaiges cannot for whatever rcafon be atffnally obtain ed, had and received by rhe faicl credi tors in the ordinary cotirle of jaffice, the United States will m^e f\in and complete compenfaxion for the fame to th{5 faid creditors : but it is diftindily underftood, that this provifioii is to ex tend to fncli loffjs only as have been occalioned by the lawful impediments aforefaid, and is not to extend to loflcs occalioned by fuch infoivency of the debtors or other canfes as would equally have operated to produce Inch lols, if the faid impediments had not exilled, nor to fuch Ioffes or damages as have been occalioned by the inanif'eff: delay or negligence, or wilful oiuifiioii of the claimant. For the pur]K>re of afeertaining the amount of any fuch Ioffes or damages, five comniiffioners lhall be appointed* and authorized to meet and adt in man ner following, viz. Two of them lhall be appointed by his majclly, two ot them by the prefident of the United States by and with the advice and con- feut of the fenate thereof, and the'fiftii by the unanimous voice of the other lour ; and if they flioiitd not agree in fuch choice, then the commillioners named by the two parties lhall refpcc- lively propofe one perlbn, and, of the two names fo propofed, one lhall be drawn by lot in the prcfcpce of the lour original coramiflianerv—When the five commiffioners thus appointed fliall firft; meet, they lhall, before they proceed to adl refpedlively, take the following oath or affirmation, in the fence of each other, which oath or affirmation being fo taken and duly at- t^led, lhall be entered on the record of their proceedings, viz. J, A. B. one of the commiffioners apnoinred in parfuance of the 6[h ankle of the treaty ot amity, commerce and navitra- tiou between his Britannic maieltv and t.ie buned States of America, do fo- lenmly fwear, or affirm, that I will ho- iielt.y dihgemly, impartially, and caretu.lv examine, and to tbe'beil of my judgment, according to jultice and equity, decide all fuch complaints, as under the fiid article fiiall he preferred to the faid commiffioners : and that I will forbear to aA as a commiffioner, J ill any cafe in which 1 may be pcrlbnally intcrefted. Three of the faid commillioners lhall conllitutc a board, and lhall have power to do any afl appertaining to the faid cominil^iuii, provided that oue oL the - cohimiffioners named on each lide,- and fche'fifth commiffionev fliall be prefeiht, and all decifioiis fliall be made byjhe Tuajority 0f the voices of liie coinmif- fioners then pref^l; i? months frqih the day on which the laid coniiniliioii- 'crsfliall form a board, artd be ready to proceed to bulinels, arc afligned for re ceiving complaints and applications; but they arc ncvcrthelefs authorized in any particular cafes in which it lhall ■appear to them to be rcafonablc and juit, to extend the fa.nie term of iS months for any term not exceeding fix months, after the expiration thereof. Tlic laid commiffioners fliall firft meet at Philadelphia, but they lhall liave pow'er to adjourn from place to place as they lhali fee caiilc. ^ The faid commillioners in examining the complaints and applications lb pre ferred ro them, arc emjiowercd and re quired, in purfuance of the true intent and meaning of this article, to take into their confidcraTion all Claims,' whether , of principal or intereft^ or balances of , principal and intereft, and todeternune the fame rcfpeJlivcly, according to the merits of the feveral cafes, due regard being had to all the ciicuinftancestherc- pf, and as equity arid juftice lhall appear to them to require. And the (aid com- hiiliipners fliall have power to examine all 'fuch perlbns as fliall come before, them on oath or aiffirpatlbn. touching the pieinites; and aViq to receive in Evidence iiccordilig as they qiay think Pioft conliftent w ith equity and juftice, all written depofi.iqns, or books, or papers, or copies, or extracts thereof, every fuch ilepufitioii, book, or paper, or copy or exrracft being duly auihciiti- rated, either according to the legal forms now rerpedtively cxiftihg in the two countries, pr in fuch other manner as the laid commiffioners fliall fee caulc to require'or allow’. The award of the laid commiffioners, or of any three of them, fliall in uli cafes be final and coiiclufive, hoih as to the jullice of the claim, and to the , amount of the fuin .to be paid to the ^ creditor or claimant; and the United Stares undertake to caiife the fum fo aw'ar'ded to be paid in fpecie to fuel; creditor or claimant wlthoutdechnftion; and at fuch time or times, and at fuch place or places as lhall be awarded by tlie faid commiffioners ; and on condi tion of fuch releafes or affignincms to be given by the creditor or claiiiianr, as by the fakl couimiffioiicjs may be di** retfted : Providel always, that no ficli p.aymeiit fliall be fixed by the faid com- miffioiiers to take place fooner than tw’elve months from the clpy of the ex change of the ratifications of this treaty. Art. VII. Whereas complaints have been made by divers merchants and others, citizens of the Uiiiied States that during the courfe of the war in wiiich his inajefty is how engaged, they have fiiftained confideiable Ioffes and damage, by reafoii of irregular or ille gal condemnation or capture of their vefl'els and other property under colour of authority or conimiffions from his majefty, and that fi'om various circnni- ftanccs belonging to the laid cafes, ade quate compenfation for the Ioffes and damages fo fuftained cannot now be ac tually obtained, had ami received by the ortlinary courfe of judicial proceed- ings,. it is agreed, that'in all fuch cafes where adequate compenfation cannot for whatever rcafon, be now actually obtained, had and received by the or dinary courfe of juftice. full and com plete compenfation for the fame will be made by the Britilh government to the faid complainants. But it is diftindily unJerftood that this provifion is not to extend to fueb lolivs or damages as have been occafioncd by the manifeft delay or negligence, or wilful omiffioii of fi.e claimants. That for the purpofc of afeertaining the amount of any Inch Ioffes ami da*^ mages, five commiffioners lhall be ap- poi;ited and authorized to atft in Lon-' don, exactly in the manner directed With refpeci to thofe mentioned in the preceding article, and after having taken the fame oath or affirmation (rnutatis mutav.dh) the fame term of eighteen months is allb afligned for the reception ol claims, and they are in like manner authorized to extend the fame in particular cafes. They lhall receive teftiinony, books, papets and evidence in the lame laticiuie, and ex- ercife the like diicretion and powers refpeding J hat fubjetft ; and lhall decide ^he claims in qneftion according to the merits of tlic leveral cales, and to juf- tice, equity, and the laws of iiaiions. The aw art I of the faid comiriiffioners or any fuch three of them as aforefiiid* (hall, in all cafes, be final and conelim five, both as to the juftice of the claim hnd the anipiint of the fum to be paiJ ro the claimant; and his Britannic ma jefty undertakes to caufe the fame to be paiu to fuch claimant in fpecie, without any deduction, at fuch place or places, and ac fuch xinic or tiriies as lhall be avvartlcd by the faid comiiiiflioners, anti on condition of fuch releafes to be given by the claimants, as by the faid cem- miffioners may be dirctfted. And whereas certain merchants and others his majefty’s fubjetfls complain that ill ihe couiie of the war they have fuftained lols iind dainage by reafbn oi the capture of the vellels and merchan dize taken within the liinirs and juril»* diction of the ftates, and brought into the ports of tlie lame, or taken by vef. fels originally armed in ports of the faid ftates. It is agreed that in all cafes where rellitutioii fliall not have been made agreeably to the tenor of the letter from mr. Jefferfbii to irr. Hammond, dated at PiiHadelphia, September 5th, 179^, a copy of which is annexed to inis treaty; the complaints of the ])ariies fliall be and hereby are referred to the commiffioners to he appointed by virtue of this article, wi.o are hereby autho rized and required to proceed in tl»e like manner relative to thefe as to il.r other cafes comini.ud to them ; and the Unite*! States in.deitake to pay to the complatnaiKs or claimants in fpecie, without declut^tion, the amount of fucli I'uiirs as flia!] beawarled to them rc— jfpecftively by the laid commiflknei-, and at the times and places whicli in fuch awards fhull be lpeifiecl ; and on conditions of flic’,1 resales or aliigr.- .inents to be given by ilie claimants as in the faid awaials may be cliret^ted : And it is furrher agreed that not only the now exiiling cafes of both deferip lions hut alfo all fuch as Ih.ill rxift at the time of exchanging the latifii aiions of this treaty lhall be coiilidcred as be ing wirhin the provifions, intent and meaning of tliis article. Art. Vlll. It is further agreed, that the coinnirilroners meiuioiied in tiiis and in the two preceding articles lhall be refpetftively paid in fuch manner as fliall be agrecil between the two par ties ; fuch agi eeinent being to be let tied at the time of the exchange of the rati fications of tins treaty. And all orher expenccs attending the faid comniHIIons lhall be defrayed jointly by the two parties, the fame being previoufly af«- certaincd and allowed by the majority of the commiffioners. Ami in the cafe of death, fickiicfs or ncceflary ablcnce, the place of every fuch commiffioner relpe*ftively lhall be lupplied in the fame manner as fuch commiffioner was firft appointed, and the new commife fioiiers fliall take the lame oath or af- fii maiion and do the fame duties. Art. IX.. It is agreed that Britilh ftib- jeft« who now hold lands in the tci rk tories of the United States and Ameri can citizens w ho now hold lands in the tiominions of his majefty lhall continue- to hold them according to the nature and tenure of their refpeeftive ellares therein ; and may grant, fell or devilc the fame to whom they pleafe, in like manner as if they were natives ; ami that neither they nor their heirs or af- figns fliall fo far as may rel'peCl the faiti lands and the legal remedies incident thereto, be regarded as aliens. Art. X. Neither the debts due from individuals of the one nation to iiidivi- duals of the other, nor lliares nor ino*” nies which they may have In the public funds, or in the pithlic or private barks fliall over in any event of war or nati onal differences be fetpieftered or con- fifcaicd ; it being uiijiill and impolitic that debts and engagements contrstfted and made by individuals, having cot'li dence in each other and in their respec tive governments, lliould ever be im paired by national authority on account of national differences and dilcon- tents. Art. XT. It is agreed between his ma jefty aujl the L’niied States of Ameiica. that there (h.ill be a reciprocal ami ei - tiiely perfect liberty of navi'jaiion and coinniercebetw een their relpcdtive peo ple, ill the manner, under the liiniia'’ !«ions and ,1, ■»'he follow," "me herein aft., ““s of 'he United e‘"'* ?'>y of hi. majeiul''.'’"' to N 10 the Weltiki;‘>isa>:. ^['»ies, i„ their owi aliovc the burden rtf r lue burden of growii^ eg being aUftates, whichh to carry to the laid be *»■«>» the faid Ihtel y |0'd that the laid Am 'e^ hefubjeftthev;t„„"';"”'‘'oC; ionnai.e duties or chn "''»'lii^ Po>ablehyB,itilhrS'|l"n(,4^' Ot United States. n V*' |boes of the ftid „ >;o lobjcA there ^ s B ‘lotms or charges 11,11^ on the like ariidcs ift,!'*!'"^ ^nd his inaieitv alfn r (hall be lawful for the it tizens to piirchafe, loada,|j'''''‘»«ci. ■n 'he.rlaidveflastoA^”"!,.,, from the fcid iflaads a„dZ articles beiug of the faCiure or produce of ,1° >i>ay now'by hw hJ tlmncc to the laid Hates (fl.% aud (abjcf,ouly,o,i.f'"‘”'''t tJes and charges on export ‘ Bniifii vt.qeis and theft fliall be fulje^infgnnl^ ^ Froviaed ahvavs that the ncan vefiels do'carry a„d cargoes in the UuiieJ .Je.l.g exprrls,y agreed and 4 ’' that during the comiimajice of tide, the United States ujn nr I- and reflrain the carrying any nir 1 ? fogar, coftie, coc„a-„rci::|: : ’ rit an vefiels, either from his "flatids, or fronulie United SiatesTolJ part or the world except the L’, I -States, reafonalle fea ftoies excen'et r,lv,.led alio, ilm i, fall and law till, during the lame period,’fo- brjtifli vellels to import ftonul eiaij iflamis into the United hiatcs, audio export from liic United States to'Lt faid illands, all articles vihateverK.i,,, of the growth, produce or n.aiiKfar ture *.f the faid iiZutds, or of tlicLVIfd States refpccftively, which nowmav.bj the laws of the laid (taus, be fo'in- ported and exported, .^i d that tft cargoes of the faid Britilh wfitlsihii be Ifthjecft to i.o other or higherd’M or chaiges, than fiia’il l-e payablecnie fame articles if fo impoiied orexpoued in American vefiels. It is agreed that this srt’cle andtw rnatrer and tiling therein coniaii.fJ lhall continue to he in force du;in*liic contimiancc cf the war in \vl)Kiih;s inajefty is now .engaged ; aidalfokr tw o yeat s from and alter tlie day ol tie figiiaturc of the prelnninaiy cr oiler articles of peace, by winch theUe may be lerininaied. And it is l unlicr agreed, that at tic exjiiration of ti e laid term, thetvo cbiitradtlng parties v\i]l encierivorrhi ther to regyate their commerce in :iJ refpeift according to the liiaation I which his majefty may fhf>' felf with reipetft to tlie \lfft 1” and with a view to inch ariansf^^'; as may belt: conduce to the inutiia at. vantage and extenfion ot (on.nc.tt And the faid parries will theti aho r- new' their dilccflioiis, atid to agree, wlteihcr in cafes, neutral vtfiels my’s property; and in "I'-af vifions and other coKtrabandy may beceme lit tl'.e mean rime their to . ‘ each other in thefe gulated by the articles hereiiuhti Icrted on (hole luhjcc^ts . , Art. XIII. the vfflbls Ix-loiiR"’?'"'™'joJl. ,l.e Uiiit«l Stutfs a.liuitled aliJ ' ..f ,l.e fca.pons tifli lerntoiiesni the - .j ibat tbe citizens of 'i. Slates may (i cel)’ ■„ ,,.,1 il.f l» tween the "".."‘riiitef of United States «> »' rtfr the importation o ^ f^ jj ;erriloo lively to or from f P’ lhall not be ^ not k vl.ledonly, il'»'».% „arbc:"' (or them in any '> ■' , on ,l,e Bri.im •» power or ll«o "Srs, ; from the (ntd ter'‘;;B;;,ill,£0'' rpecialpernuffio»».,;,„y lurch- incuc thcic,
The Wilmington Chronicle: North Carolina Weekly Advertiser (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 24, 1795, edition 1
2
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