Treaty of Ghent -- StanKlos.com Company
Treaty of Peace and Amity
between
His Britannic Majesty
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 respective
Plenipotentiaries, that is to say, His Britannic Majesty on His part has
appointed the Right Honourable James Lord Gambier, late Admiral
of the White now Admiral of the Red Squadron of His Majesty's Fleet;
Henry Goulburn Esquire, a Member of the Imperial Parliament and
Under Secretary of State; and William Adams Esquire, Doctor of
Civil Laws: And the President of the United States, by and with the advice and
consent of the Senate thereof, has appointed John Quincy Adams,
James A. Bayard, Henry Clay, Jonathan
Russell, and Albert Gallatin, Citizens of the United
States; who, after a reciprocal communication of their respective Full Powers,
have agreed upon the following Articles.
There shall be a firm and universal Peace between His Britannic Majesty and
the United States, and between 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 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.
Immediately after the ratifications of this Treaty by both parties as
hereinafter mentioned, orders shall be sent to the Armies, Squadrons, Officers,
Subjects, and Citizens of the two Powers to cease from all hostilities: and to
prevent all causes of complaint which 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 which may be taken after the
space of twelve days from the said Ratifications upon all parts of the Coast of
North America from the Latitude of twenty three degrees North 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 Meridian of Greenwich, shall be restored
on each side:-that the time shall be thirty days in all other parts of the
Atlantic Ocean North of the Equinoctial Line or Equator:-and the same time for
the British and Irish Channels, for 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 Atlantic Ocean South of the Equator as far
as the Latitude of the Cape of Good Hope.- ninety days for every other part of
the world South of the Equator, and one hundred and twenty days for all other
parts of the world without exception.
All Prisoners of war taken on either side as well by land as by sea shall be
restored as soon as practicable after the Ratifications of this Treaty as
hereinafter mentioned on their paying the debts which they may have contracted
during their captivity. The two Contracting Parties respectively engage to
discharge in specie the advances which may have been made by the other for the
sustenance and maintenance of such prisoners.
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
United 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 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 of one thousand seven hundred and eighty three 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, 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 of His Britannic
Majesty and of the United States respectively. The said Commissioners shall meet
at St Andrews in the Province of New Brunswick, and shall have power to adjourn
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 aforesaid do respectely 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 Commissioners 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 Commissioners
differing 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 jointly or separately a report or
reports as well to the Government 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 formed, or the grounds
upon which they or either of them have so refused declined or omitted to act.
And His Britannic Majesty and the Government of the United States hereby agree
to refer the report or reports of the said Commissioners to some friendly
Sovereign or State to be then named for that purpose, and who shall be requested
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, declined or omitted to act as the case
may be. And if the Commissioner 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
State together with the report of such other Commissioner, then such Sovereign
or State shall decide ex parse upon the said report alone. And His Britannic
Majesty and the Government of the United States engage to consider the decision
of such friendly Sovereign or State to be final and conclusive on all the
matters so referred.
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 North West Angle of Nova Scotia, nor
the North Westernmost head of Connecticut 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 above
mentioned 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 North Westernmost 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 Cataraquy, 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 said Commissioners shall meet at se Andrews in the Province of New
Brunswick, and shall have power to adjourn to such other place or places as they
shall think fit. The said Commissioners shall have power to ascertain and
determine the points above mentioned in conformity with the provisions of the
said Treaty
of Peace of one thousand seven hundred and
eighty three, and shall cause the boundary aforesaid from the source of the
River St Croix to the River Iroquois or Cataraquy 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 Scotia, of the North
Westernmost head of Connecticut River, and of such other points of the said
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, 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
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.
Whereas by the former Treaty
of Peace that portion of
the boundary of the United States from the point where the fortyfifth degree of
North Latitude strikes the River Iroquois or Cataraquy 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 said Commissioners 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 communications,
and decide to which of the two Contracting parties the several Islands lying
within the said Rivers, 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 designation
and decision as final and conclusive. And in the event of the said two
Commissioners differing or both or either of them 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 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.
It is further agreed that the said two last mentioned Commissioners after
they shall have executed the duties assigned to them in the preceding Article,
shall be, and they are hereby, authorized 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 boundary between the dominions of the two Powers, which
extends from the water communication 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 boundary do respectively belong in conformity with the true
intent of the said Treaty
of Peace of 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 Commissioners shall by a Report
or declaration under their hands and seals, designate the boundary aforesaid,
state their decision on the points thus referred to them, and particularize 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 differing, or both or either of
them 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 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 revealed.
The several Boards of two Commissioners mentioned in the four preceding
Articles shall respectively have power to appoint a Secretary, and to employ
such Surveyors or other persons as they shall judge necessary. Duplicates of all
their respective reports, declarations, statements, and decisions, and of their
accounts, and of the Journal of their proceedings shall be delivered by them to
the Agents of His Britannic Majesty and to the Agents of the United States, who
may be respectively appointed and authorized to manage the business on behalf of
their respective Governments. The said Commissioners shall be respectively paid
in such manner as shall be agreed between the two contracting parties, such
agreement being to be settled at the time of the Exchange of the Ratifications
of this Treaty. And all other expenses attending the said Commissions shall be
defrayed equally by the two parties. And in the case of death, sickness,
resignation, or necessary absence, the place of every such Commissioner
respectively shall be supplied in the same manner as such Commissioner was first
appointed; and the new Commissioner shall take the same oath or affirmation and
do the same duties. It is further agreed between the two contracting parties
that in case any of the Islands mentioned in any of the preceding Articles,
which were in the possession of one of the parties prior to the commencement of
the present war between the two Countries, should by the decision of any of the
Boards of Commissioners aforesaid, or of the Sovereign or State so referred to,
as in the four next preceding Articles contained, fall within the dominions of
the other party, all grants of land made previous to the commencement of the war
by the party having had such possession, shall be as valid as if such Island or
Islands had by such decision or decisions been adjudged to be within the
dominions of the party having had such possession.
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 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 one
thousand eight hundred and eleven 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 one thousand eight hundred and eleven 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.
Whereas the Traffic in Slaves is irreconcilable 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.
This Treaty when the same shall have been ratified on both sides without
alteration by either of the contracting parties, and the Ratifications mutually
exchanged, shall be binding on both parties, and the Ratifications shall be
exchanged at Washington in the space of four months from this day or sooner if
practicable. In faith whereof, We the respective Plenipotentiaries have signed
this Treaty, and have hereunto affixed our Seals.
Done in triplicate at Ghent the twenty fourth day of December one thousand
eight hundred and fourteen.
GAMBIER. [Seal]
HENRY GOULBURN
[Seal]
WILLIAM ADAMS [Seal]
JOHN QUINCY ADAMS
[Seal]
J. A. BAYARD
[Seal]
H. CLAY. [Seal]
JON. RUSSELL [Seal]
ALBERT GALLATIN [Seal]
