Article 1st.

It is agreed that there shall be between the Dominions of His Britannic Majesty in Europe4 and the Territories of the United States a reciprocal & perfect liberty of Commerce & navigation5 and a free admission of all Ships belonging to either party whether the same be Ships of War6 or Merchant Vessels; and that the Subjects & Inhabitants of the two Countries respectively shall have Liberty freely and Securely, & without hinderance or molestation of any kind, to come with their said Ships & their Cargoes to the Lands Countries, Cities, Ports, Places & Rivers within the Dominions & Territories aforesaid, to enter into the same, to resort thereto, and to remain and reside there without any limitation of time; also to hire, purchase & possess Houses & Warehouses for the purposes of their Commerce and generally that the Merchants and traders on each side shall enjoy the most complete protection and Security for their Commerce; but subject always as to what respects this Article to the general Laws and Statutes of the Two Countries respectively.7

Article 2d:

It shall be free for the two Contracting Parties respectively to appoint Consuls for the protection of Trade, to reside in the Dominions & Territories aforesaid, the same being of the Nation on whose behalf they shall be so appointed, & not otherwise: And such Consuls shall enjoy those Liberties & rights which belong to them by reason of their Functions;—8 But either Party may except from the general liberty of residence of such Consuls, such particular places as such Party shall judge proper to be so excepted.9

The map of North America Grenville proposed as authoritative, “The United States of North America: with the British territories and those of Spain according to the treaty of 1784,” William Faden, published 1793. (Map image courtesy of the Norman B. Leventhal Map Center at the Boston Public Library)

Article 3d.

The Vessels of the two contracting Parties respectively coming to the Dominions or Territories aforesaid, shall enjoy the same liberty in Respect of the Entry & Discharge of their lawful cargoes, and all other Regulations which respect the general convenience and advantage of Commerce, as now are, or shall at any time be enjoyed by any other Foreign Nation, which shall be the most favor’d in that respect: and no distinction shall exist of Tonnage or other Duties (such light house Duties excepted, as are levied for the Profit of Individuals or of Corporations,) by which the Vessells of the one party shall pay in the Ports of the other, any higher or other Duties than shall be paid in similar Circumstances by the Vessells of the foreign nation the most favored in that respect; or by the vessells of the Party into whose Ports they shall come.10

Article 4th.

No Article being of the growth, produce or Manufacture of any of the Dominions or Territories of the one party shall pay on being imported directly from the said territories or Dominions into the Ports of the other, any higher or other duties than shall be there paid for the like Articles on importation from any other foreign Country.

Article 5th:

No new Prohibition shall be laid in any of the territories or Dominions aforesaid, by one of the contracting Parties, on the importation of any Article being of the Growth produce or Manufacture of the Territories or Dominions of the other. Nor shall article being of the growth produce or manufacture of any other Country be prohibited to be imported into the Dominions of one of the contracting Parties by the Vessells of the other, except such Articles only as are now so prohibited.11

Article 6th.

With respect to the territories and Dominions of his Britannic Majesty in the West Indies, the following arrangements have been agreed to by the Contracting Parties.

His Majesty consents that it shall & may be lawfull, during the time herein after limited for the Citizens of the United States of America, to carry to any of His Majesty’s Islands & Ports in the West Indies from the United States, in their own Vessells, not being above the burthen of Seventy Tons,12 any Goods or Merchandize being of the growth or produce of the said States, which it is or may be lawfull to carry to the said Islands and Ports from the said States in British Vessels, and that the said American Vessels and their Cargoes shall pay there no other or higher Duties than shall be payable by British vessels in similar circumstances: And that it shall be lawfull to the said American Citizens to purchase, load, and carry away in their said Vessels to the United States, from the said Islands and Ports all such articles being of the growth & Produce of the sd. Islands, as may by Law be carried from thence to the said States in British Vessells: and subject only to the same duties and Charges on exportation, to which British Vessells are or shall be liable subject in similar circumstances.13

Provided always that they carry and land the same in the United States only, it being expressly agreed and declared, that during the continuance of this Article The United States will prohibit the carrying any West India productions or manufactures in American Vessels, either from his Majesty’s Islands, or from the United States, to any part of the World except the United States:— reasonable Sea Stores excepted, and excepting also Rum made in the United States from West India Molasses.14

It is agreed that this Article and every matter & thing therein contained, shall continue to be in force, during the Continuance of the War in which His Majesty is now engaged, and also for two years from and after the day of the signature of the preliminary Articles of Peace by which the same may be terminated.

And it is further agreed that at the expiration of the said term, the Two contracting parties will treat further concerning the arrangement of their Commerce in this respect, according to the situation in which his Majesty may then find himself as with respect to the West Indies; and with a view to the mutual advantage and extension of Commerce15

Article 7th:

This Treaty, and all the Matters therein contained, except the Sixth Article, shall Continue to be in force for twelve years from the day of the Exchange of the ratifications thereof; and if during the continuance of this treaty, there shall arise on either side, any complaint of the infraction of any Article thereof, it is agreed that neither the whole treaty nor any Article thereof shall on that account be suspended until representation shall have been made to the Government by the Minister of the Party Complaining; and even if redress shall not then be obtain’d, four Months notice shall be given previous to such suspension.

Article 1.17

It is agreed that His Majesty will withdraw all His Troops and Garrisons from the Posts within the Boundary Line assigned it by the Treaty of Peace to the United States. This evacuation shall take place on, or before the first of June 1796,18 and all the proper measures shall in the interval be taken by concert between His Majesty’s Governor General in America and the Government of the United States for settling the previous arrangements which may be necessary respecting the delivery of the said Posts. All Settlers and Traders within the precincts or jurisdiction of the said Posts shall continue to have and to enjoy unmolested all their property of every kind and shall be protected therein so long as they shall think proper to remain there, and shall be at full liberty to remove at such times as they shall think proper, and to sell their Lands, Houses, or Effects, or to retain the property thereof.19

It shall at all times be free to His Majesty’s Subjects and to the Indians who are to the Southward and Westward of the Lakes,20 to pass and repass with their Goods and Merchandizes and to carry on their commerce within or without the jurisdiction of the Said Posts, in the manner hitherto accustomed, and without any hindrance or molestation from the Officers or Citizens of the United States. The several waters, carrying Places, and roads adjacent to the Lakes, or communicating with them, shall continue to be free and open to His Majesty’s Subjects, and to the Indians for that purpose, and no impediment or obstacle shall be given to the passage of goods or merchandize of any kind, nor shall any duty be attempted to be levied upon them.21

Article 2.

In order to remove all uncertainty with respect to the said Boundary Line assigned to the United States by the said Treaty of Peace, [in margin: Arrangements] the following agreement ^arrangements^ has ^have^ been agreed upon between the Two Contracting Parties to the said Treaty, and are to be considered as forming a part thereof.22

First, That whereas doubts have arisen what River23 was truly intended under the name of the River Ste. Croise24 mentioned in the said Treaty and forming a part of the boundary—therein described, that Question shall be referred to the final decision of Commissioners in London,25 to be appointed in the following manner, viz, That One Commissioner shall be named by His Majesty, and one by the United States and that the said Two Commissioners shall agree on the choice of a third, or if they cannot so agree that they shall each propose one Person, and that of the two names so proposed one shall be drawn by lot in the presence of the Two Original Commissioners. And that the Three Commissioners so appointed shall be sworn impartially to examine and decide the said Question, according to such documents as shall respectively be laid before them on the part of the British Government and of the United States.26

Secondly, that whereas it is now understood that the River Missisippi would at no point thereof be intersected by such Westward Line as is described in the said Treaty,27 and whereas it was stipulated by the said Treaty that the navigation of the Missisippi should be free to both parties, it is agreed that the boundary line shall run in the manner described by the said Treaty from the Lake Huron [in the body: (to the northward of the Isle Phillippeaux in Lake Superior[,]28 and that from thence the said Line shall proceed to the bottom of West Bay in the said Lake and from thence in a due West Course to the River of the Red Lake or Eastern branch of the Missisippi,29 and down the said Branch to the main River of the Missisippi and that as well on the said Branch as on)] [in margin: Or (thro’ Lake Superior and from thence to the Water communication between the said Lake and the Lake of the Woods to the point where the said Water communication shall be intersected by a Line running due North from the Mouth of the River Ste. Croix which falls into the Missisippi below the falls of St. Anthony; and that the boundary shall proceed from such point of intersection in a due Southerly Course along the said Line to the Missisippi; and that as well on the said Water communication as on)] every part of the Missisippi where the same bounds the Territories of the United States, the Navigation shall be free to both Parties, and His Majestys Subjects shall always be admitted to enter freely into the Bays, Ports and Creeks on the American side, and to land and dwell there for the purposes of their commerce,30 and for greater Certainty, The Undersigned Ministers have annexed to each of the Copies of this Treaty a copy of the Map made use of by them, with the boundaries as marked thereon agreeably to this Article.31

And the Boundaries of the United States as fixed by the said Treaty of Peace and by this Treaty, together with all the other Articles of the said Treaty are hereby recognized, ratified and forever confirmed.32

Article 3.33

Whereas it is alledged by divers British Merchants and others His Majesty’s Subjects that debts to a considerable amount which were bonâ fide contracted before the Peace still remain owing to them by Citizens or Inhabitants of the United States,34 and that by the operation of various lawful impediments since The Peace not only the full recovery of the said Debts has been delayed, but also the security and value thereof has been impaired and lessened and that in many instances the British Creditors cannot now obtain by the Ordinary course of judicial proceedings full and just relief for the loss and damage so sustained by them, it is agreed that in all cases where such relief cannot, for whatever reason, be now had by British Creditors in the ordinary course of justice, The United States of America will make full and complete satisfaction to the said Creditors; and that, for this purpose, Commissioners shall be appointed and authorized to act in America, in manner following; that is to say Two Commissioners shall be named by His Majesty, and Two by the United States, and a fifth by the unanimous choice of the other four. But if they shall not agree in such choice, then one name shall be proposed by the British Commissioners and one by the Commissioners of the United States, and one of the two names so proposed shall be drawn by Lot in the presence of the said Original Commissioners. And in case of death, sickness, or necessary absence the places of the said Commissioners shall be respectively supplied in the same manner as such Commissioners respectively were first appointed. The said five Commissioners shall be sworn to hear all such complaints as shall within the space of eighteen months from their first sitting [in margin: or within such further time as they shall see cause to allow for that purpose,] be preferred to them by British Creditors or their Representatives in virtue of this Article, and impartially to determine the same accordingly to the true intent of this Article, and of the Treaty of Peace. And the said Commissioners in awarding such Sums as shall appear to them to be due to the said Creditors by virtue of this Article are empowered to take into their consideration and to determine all claims on account either of principal or interest in respect of the said Debts and to decide respecting the same according to the merits of the several cases due regard being had to all the circumstances thereof and as equity and justice shall appear to them to require. And the said Commissioners shall be [illegible] empowered to examine all Persons on oath touching the Premises, and also to receive in evidence at their discretion, and according as they shall think most consistent with equity and justice, all written depositions, or Books, or Papers, or Copies, or Extracts thereof, every such deposition, book, paper, copy, or extract being duly authenticated, according to the legal forms now respectively existing in the Two Countries, or in such other manner as the said Commissioners shall see cause to prescribe and require.

Three of the said Commissioners shall constitute a board, and be empowered to do any Act appertaining to the said Commission, provided that in every such case, one of the Commissioners— named on each side, and the fifth Commissioner chosen as above shall be present, and all decisions shall be made by the majority of voices of the Commissioners then present.

The award of the said Commissioners, or of any three of them as aforesaid shall in all cases be final and conclusive both as to the justice of the claim, and to the amount of the Sum to be paid to the Claimant, and the United States undertake to cau[se] the same to be paid to such Claimants without deduction, in Sterling Money and in such Place, or Places, and at such time or times, as shall be awarded by the said Commissioners: and on condition of such releases to be given by the Claimant of his demands against individuals as to them shall appear just and reasonable.35

Article 4.

Whereas Complaints have been made by divers Merchants and others, Citizens of the United States, that during the course of the War in which His Majesty is now engaged they have sustained considerable loss and damage by reason of irregular or illegal captures, and condemnations of their vessels under colour of authority or commission from His Majesty; and that from various Circumstances belonging to the said cases adequate compensation for the said losses cannot now be obtained by the ordinary course of judicial proceedings, it is agreed that in all such cases where adequate compensation cannot, for whatever reason, be now had by the said Merchants and others, full and complete satisfaction will be made by the British Government to the said Complainants; and that for this purpose Commissioners shall be appointed and authorized to act in London in the same manner and with the same Powers and authorities, and subject to the same restrictions as the Commissioners named in the Third Article of this Treaty; and that the award of the said Commissioners shall in like manner be final and conclusive in all respects. And His British ^Britannic^ Majesty engages to cause to be paid to such Complainants respectively the Amount of all Sums so awarded, without deduction, in Sterling Money [in margin: specie], and at such time or times & in such place or places as shall be awarded by the said Commissioners, and on condition of such releases on the part of the Complainants of their demands against individuals as to the said Commissioners shall appear just and reasonable. 36

And it is further agreed that if it shall appear that in the course of the War loss and Damage has been sustained by His Majesty’s Subjects by reason of the capture of their Vessels and Merchandize, such capture having been made either within the limits of the jurisdiction of the Said States, or by Vessels armed in the Ports of the said States, or by Vessels commanded or owned by the Citizens of the said States, the said United States will make full satisfaction for such loss or damage [in margin: when complete satisfaction &c &c] the same being to be ascertained by Commissioners in the manner already mentioned in this Article.37

Article 5.

It is agreed that with respect to the Neutral Commerce which One Party may carry on with the European Enemies of the Other, [in margin: Indian] when engaged in War, the principles to be observed by Great Britain towards The United States and reciprocally by The United States towards Great Britain shall always, and in all points, be the same as those which shall at that time be observed by the Said Parties respectively towards the most favored Neutral Nations of Europe with the Exception of such particular privileges as may, before the commencement of the War to which the same shall apply, have been granted by special Treaty to particular European Nations, and with such extensions or modifications as may occasionally be established by special treaty between Great Britain and the United States for their mutual convenience.38

Article 6.

It is agreed that in all cases where Vessels shall be captured or detained on just suspicion of having on board Enemies property, or of carrying to the Enemy any of the Articles which are Contraband of War, [in margin: 2. Enumeration Gain—indemnify &c] the said Vessels shall be brought to the nearest or most Convenient Port; and that all proper measures shall be taken to prevent delay in deciding the case of Ships so brought in for adjudication, and in the payment or recovery of any indemnification adjudged or agreed to be paid to the Masters or Owners of such Ships.—39

Article 7.

When one of the Contracting Parties is engaged in War, and the other remains Neutral, the said Neutral Power shall not suffer the Ships, Vessels, Goods, or Merchandise of the other which may be taken at Sea or elsewhere by the Enemy to be brought into any of It’s Ports or Dominions and much less to be there sold, or exchanged but shall publicly forbid any thing of that kind to be done:40 And if any Ships, Vessels, Goods or Merchandize of either of the Contracting parties or their People or Subjects so taken at Sea or elsewhere, shall be carried into the Ports or Countries of the other by the Enemy, neither the same, nor any part thereof shall be allowed to be sold or exchanged in that Port, or ^in^ any other Place in the Dominion of the said neutral Party. The Master of the Ship or Vessel so taken, as also the Mariners and Passengers of every Description shall as soon as they arrive, be immediately set at Liberty; and the said Ship or Vessel so brought shall not be permitted to stay in that harbour, but shall be obliged immediately to leave the Port with her goods, merchandize and lading, and without being allowed to return to the same, or to any other Port in the dominions of the said Neutral Party. Provided nevertheless that nothing in this Article shall be construed to derogate from the public treaties which have already been entered into by either of the contracting Parties with other nations but, in so far as such Treaties do not interfere, and in all cases to which they do not apply; the above Article shall remain in full force, and shall be executed accordingly. And the contracting Parties will not in future conclude any treaty in derogation of this Article.41

Article 8.

It is agreed that the subjects and Inhabitants of the Kingdoms, Provinces, and Dominions of the contracting Parties shall exercise no Acts of hostility or violence against each other, either by Sea or by Land, or in Rivers Streams, Ports or Havens, under any Colour or pretence whatsoever; or ^and particular^ that the Subjects or People of either Party shall not receive any Patent Commission or Instruction, for arming and and acting at Sea as Privateers, or any Letters of Reprisal, as they are called, from any Princes or States, Enemies to the other Party; neither shall they arm ships in such manner as is above said, nor go out to Sea therewith [in margin: for the purpose of exercising any act of violence against the Subjects or People of the other Contracting Party:] nor shall they in any manner molest or disturb the ^said^ Subjects or People of the other contracting Party To which end [in margin: sufficient Laws & regulations shall if necessary, be provided and] as often as it is required by either Party, strict and express prohibitions shall be renewed and published in all the territories countries and dominions of each Party wheresoever, that no one shall in any wise use such Commissions or Letters of reprisal, or engage in any such acts of hostility as aforesaid, under the pain of severe punishment to be inflicted on the transgressors, besides their being liable to make full restitution and satisfaction to those to whom they have done any damage. Neither shall any Letters of Reprisal be hereafter granted by either of the said contracting Parties to the prejudice or detriment of the Subjects of the other, except only in such case wherein justice is denied or delayed; which denial or delay of Justice shall not be regarded as verified, unless the petition of the Person who desires the said Letters of Reprisal be communicated to the Minister residing there on the part of the Government against whose Subjects or People they are granted, that within the space of 4 months, or sooner, if it be possible they may manifest the contrary, or procure the satisfaction which may be justly due.42

Article 9.

Neither of the said contrac[ting] Parties shall permit the Ships or goods belonging to the Subjects of the other to be taken within the Limits of their respective Jurisdictions on their coasts, nor in the Ports or Rivers of their Dominions by Ships of War or others having commission from any Prince, Republic, or City whatsoever; but in case it should so happen, Both Parties shall employ their united force to obtain reparation of the damage thereby occasioned.43

Article 10.

If it should unfortunately happen that a war should break out between Great Britain and the united States all merchants and others residing in the two Countries respectively shall be allowed Nine Months to retire with their effects; and shall be protected from capture in their way home, provided always that this favour is not to extend to those who shall act contrary to the established Laws.44 And it is further agreed that neither debts due from Individuals of the one nation to Individuals of the other, nor shares or monies which they may have in the public Funds, or in the public, or private Banks shall ever in any Event of War or National differences be sequestered or confiscated45 it being both unjust and impolitic that debts and engagements contracted and made by Individuals having Confidence in each other and in their respective Governments should ever be destroyed or impaired by national Authority on account of national differences and discontents.46

Article 11.

It is agreed that British Subjects, who now hold Lands in the ^territories of the^ United States, and American Citizens who now hold Lands in His Majesty’s dominions shall continue to hold them, according to the nature and tenure of their Estates and Titles therein, and may grant and sell and devise the same as, and to whom they please, in like manner as if they were natives; and that neither they nor their Heirs or Assigns shall so far as may respect the said Lands, and the legal remedies incident thereto, be regarded as Aliens.47