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1815.

July 3.

Except in case

of re-exportation, in the vessels of one party from the country of the other, to a third foreign nation. Intercourse

take place from the United States in a British vessel, or from the territories of his Britannic majesty in Europe, in an American vessel, to any other foreign nation, the two contracting parties reserve to themselves, respectively, the right of regulating or diminishing, in such case, the amount of the said drawback.

The intercourse between the United States and his Britannic majesty's possessions in the West Indies, and on the conwith the British tinent of North America, shall not be affected by any of the

West Indies &

can continental

North Ameri- provisions of this article, but each party shall remain in the possessions not complete possession of his rights, with respect to such an affected by this intercourse.

article.

U. States' ves

sels may trade

to Calcutta, Ma

and Prince of

ART. 3. His Britannic majesty agrees that the vessels of the United States of America shall be admitted and hospitadras, Bombay, bly received at the principal settlements of the British domiWales' Island, nions in the East Indies, videlicet: Calcutta, Madras, Bomdirect, in arti- bay, and Prince of Wales' Island, and that the citizens of the cles not prohibited. said United States may freely carry on trade between the said principal settlements and the said United States, in all articles of which the importation and exportation, respectively, to and from the said territories, shall not be entirely proBut not to exhibited; provided only, that it shall not be lawful for them, port military or naval stores or in any time of war between the British government and any rice thence, when the Brit- state or power whatever, to export from the said territories, ish are at war. without the special permission of the British government, any Citizens of the military stores or naval stores, or rice. The citizens of the U.States not to United States shall pay for their vessels, when admitted, no vessels, in the higher or other duty or charge than shall be payable on the permitted ports of the E Indies, vessels of the most favored European nations, and they shall paid on vessels pay no higher or other duties or charges on the importation or of the most fav- exportation of the cargoes of the said vessels, than shall be ored European payable on the same articles when imported or exported in the vessels of the most favored European nations.

pay for their

more than is

nation, &c.

Articles must

reet to the U.S.

But it is expressly agreed, that the vessels of the United be conveyed di- States shall not carry any articles from the said principal and be unladen. settlements to any port or place, except to some port or place in the United States of America, where the same shall be unladen.

Vessels of the It is also understood, that the permission granted by this U.States not to article is not to extend to allow the vessels of the United carry on the coasting trade States to carry on any part of the coasting trade of the said in the British British territories; but the vessels of the United States having But vessels of in the first instance, proceeded to one of the said principal settlements of the British dominions in the East Indies, and

East Indies.

the U. States may proceed

1815.

July 3.

another.

then going with their original cargoes, or part thereof, from one of the said principal settlements to another, shall not be considered as carrying on the coasting trade. The vessels of with part,or the the United States may also touch for refreshment, but not for whole, of their original cargoes commerce, in the course of their voyage to or from the Bri- from one per mitted place to tish territories in India, or to or from the dominions of the emperor of China, at the Cape of Good Hope, the Island of American vesSt. Helena,* or such other places as may be in the possession of Great Britain, in the African or Indian seas; it being well understood that in all that regards this article, the citizens of the United States shall be subject, in all respects, to the laws Good Hope, St. and regulations of the British government from time to time Helena, &c. established.

sels may touch for refreshment in voyages to or

from British In

dia and China, at the Cape of

*See the "Declaration"at the end of this con

minions of each

ART. 4. It shall be free for each of the two contracting par- vention, p. 280. ties, respectively, to appoint consuls for the protection of Consuls to retrade, to reside in the dominions and territories of the other side in the doparty; but before any consul shall act as such, he shall, in the party. usual form, be approved and admitted by the government to which he is sent; and it is hereby declared, that in case of Consuls may be punished ac- '41 illegal or improper conduct towards the laws or government cording to law, of the country to which he is sent, such consul may either be or sent home. punished according to law, if the laws will reach the case, or be sent back, the offended government assigning to the other the reasons for the same.

It is hereby declared, that either of the contracting parties may except from the residence of consuls, such particular places as such party shall judge fit to be so excepted.

Particular places excepted from the resi

dence of consuls.

ART. 5. This convention, when the same shall have been Thisconvention when ratified, duly ratified by the president of the United States, by and to be obligatory with the advice and consent of the senate, and by his Britannic for four years. majesty, and the respective ratifications mutually exchanged, shall be binding and obligatory on the said United States and his majesty for four years from the date of its signature; and Ratification exchanged in six the ratifications shall be exchanged in six months from this months. time, or sooner, if possible.

Done at London, this third day of July, in the year of our

Lord one thousand eight hundred and fifteen.

[L. S.] JOHN QUINCY ADAMS,

L. S. H. CLAY,

L. S.

L. S.

ALBERT GALLATIN,

FREDERICK JOHN ROBINSON,

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NOTE.-This convention was continued for ten years, by the 4th article of the convention of London, of the 20th of October, 1818. See that convention on the next page [280.]

1815.

November 24.

Declaration of

DECLARATION.

The undersigned, his Britannic majesty's chargé d'affaires, in the United States of America, is commanded by his royal 24th Nov. 1815 highness the prince regent, acting in the name and on the behalf of his majesty, to explain and declare, upon the exchange of the ratifications of the convention concluded at London, on the third of July of the present year, for regulating the commerce and navigation between the two countries, that in consequence of events which have happened in Europe subsequent to the signature of the convention aforesaid, it has been deemSt. Helena al- ed expedient, and determined, in conjunction with the allied sovereigns, that St. Helena shall be the place allotted for the Napoleon Bon- future residence of general Napoleon Bonaparte, under such aparte, for the security of his regulations as may be necessary for the perfect security of his person, and it has been resolved, for that purpose, that all ships and vessels whatever, as well British ships and vessels, as others, excepting only ships belonging to the East-India company, shall be excluded from all communication with, or approach to, that island.

lotted for the

residence of

person.

All vessels ex

cept those of

the East India
Company, ex-
cluded from ap
proaching the
İsland.
Treaty exchan-
ged with the un
derstanding re-

ferred to.

It has therefore become impossible to comply with so much of the third article of the treaty as relates to the liberty of touching for refreshment at the Island of St. Helena, and the ratifications of the said treaty will be exchanged under the explicit declaration and understanding, that the vessels of the United States cannot be allowed to touch at, or hold any communication whatever with the said island, so long as the said quence of the island shall continue to be the place of residence of the said death of Napo- Napoleon Bonaparte.*

* In conse

leon Bonaparte this restriction wasremoved on ⚫ 30th July,1821.

(Signed) ANTHONY ST. JNO. BAKER.

Washington, November 24, 1815.

Convention of
London, of 20
Oct. 1818.

No. 8.-Convention with Great Britain. The United States of America, and his Majesty the King of the united kingdom of Great Britain and Ireland, desirous to cement the good understanding which happily subsists between them, have, for that purpose, named their respective plenipotentiaries, that is to say: The president of the United Albert Gallatin States, on his part, has appointed Albert Gallatin, their envoy & Richard Rush extraordinary and minister plenipotentiary to the court of gotiators. France; and Richard Rush, their envoy extraordinary and minister plenipotentiary to the court of his Britannic majesRobinson and ty: And his majesty has appointed the right honorable FredeHenry Goul- rick John Robinson, treasurer of his majesty's navy, and

American ne

Frederick John

1818. October 20.

president of the committee of privy council for trade and plantations; and Henry Goulbourn, esq. one of his majesty's under secretaries of state: who, after having exchanged their bourn, British Negotiators. respective full powers, found to be in due and proper form, Full powers have agreed to and concluded the following articles: exchanged.

common right

on the coasts of

minions in A

ing fish, to be respected.

ART. 1. Whereas differences have arisen respecting the Definition of the liberty, claimed by the United States, for the inhabitants extent of the thereof, to take, dry, and cure, fish, on certain coasts, bays, of fishing, &c., harbours, and creeks, of his Britannic majesty's dominions the British doin America, it is agreed between the high contracting parties, merica. that the inhabitants of the said United States shall have, forever, in common with the subjects of his Britannic majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland, which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Is. lands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly, on the southern coast of Labrador, to and through the straits of Bell- Exception as to the Hudson Bay isle, and thence northwardly indefinitely along the coast, Company. without prejudice, however, to any of the exclusive rights of the Hudson Bay Company: And that the American fisher- Rights of proprietors as to men shall also have liberty, forever, to dry and cure fish in drying or curs any of the unsettled bays, harbours, and creeks, of the southern part of the coast of Newfoundland, hereabove described, and of the coast of Labrador; but so soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose, with the inhabitants, proprietors, or possessors, of the ground. And the United States hereby renounce, forever, any liberty hereto- Renunciationby fore enjoyed or claimed by the inhabitants thereof, to take, to other fishedry, or cure fish, on or within three marine miles of any of ries; provided, the coasts, bays, creeks, or harbours of his Britannic Majesty's dominions in America, not included within the abovementioned limits: Provided, however, that the American fishermen shall be admitted to enter such bays or harbours, for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever, abusing the privileges hereby reserved to them.

the U. States as

&c.

1818. October 20.

Definition of the

ART. 2. It is agreed that a line drawn from the most northwestern point of the Lake of the Woods, along the forty-ninth parallel of north latitude, or if the said point shall not be in the northern boun- forty-ninth parallel of north latitude, then that a line drawn dary of the U. from the said point due north or south, as the case may be, until the said line shall intersect the said parallel of north latiWoods to the tude, and from the point of such intersection due west along Stony Moun

States from the

Lake of the

tains.

be free to both

and with the said parallel, shall be the line of demarkation between the territories of the United States and those of his Britannic Majesty, and that the said line shall form the northern boundary of the said territories of the United States, and the southern boundary of the territories of his Britannic Majesty, from the Lake of the Woods to the Stony Mountains. Country claimART. 3. It is agreed, that any country that may be claimed ed by either party westward by either party on the northwest coast of America, westward of the Stony Mountains, its of the Stony Mountains, shall, together with its harbors, bays, harbors, &c. to and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years from the date of the Oct. 20. 1828, signature of the present convention, to the vessels, citizens, without preju dice to theclaim and subjects, of the two powers: it being well understood, of either party, that this agreement is not to be construed to the prejudice of or to that of any other power. any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other power or state to any part of the said country; the only object of the high contracting parties, in that respect, being to prevent disputes and differences amongst themselves.

parties, until

The convention of London of 3d

tinued for ten

years.

ART. 4. All the provisions of the convention" to regulate July 1815, con- the commerce between the territories of the United States and of his Britannic Majesty," concluded at London, on the third day of July, in the year of our Lord one thousand eight hundred and fifteen, with the exception of the clause which limited its duration to four years, and excepting, also, so far as the same was affected by the declaration of his Majesty respecting the Island of St. Helena, and hereby extended and continued in force for the term of ten years from the date of the signature of the present convention, in the same manner as if all the provisions of the said convention were herein specially recited.

Reference tolst article of the

ART. 5. Whereas it was agreed, by the first article of the treaty of Ghent. treaty of Ghent, that "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 res

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