fioners to ted to afcertain the fame. Commif- the preceding article, and after having taken be appoin- the fame oath or affirmation (mutatis mutandis) the fame term of eighteen months is also affigned for the reception of claims, and they are in like manner authorized to extend the fame in particular cafes. They shall receive teftimony, books, papers and evidence in the fame latitude, and exercife the like difcretion and powers respecting that fubject; and fhall decide the claims in queftion according to the merits of the feveral cafes, and to justice, equity, and the laws of nations. The award of the faid commiffioners, or any fuch three of them as aforefaid, fhall in all cafes be final and conclusive, both as to the juftice of the claim, and the amount of the fum to be paid to the clai mant; and his Britannic Majefty undertakes to cause the fame to be paid to fuch claimant in fpecie, without any deduction, at fuch place or places, and at fuch time or times, as fhall be awarded by the faid commiffioners, and on condition of fuch releases or affignments to be given by the claimant, as by the faid commiffioners may be directed. to make And whereas certain merchants and others his Majesty's fubjects, corplain, that in the course of the war they have sustained loss and damage, by reason of the capture of their veffels and merchandize, taken within the limits and jurisdiction of the states, and brought into the ports of the fame, or taken by vessels originally armed in ports of the faid ftates. It is agreed that in all fuch cases where reftitution fhall not have been made agreeably to U.States the tenor of the letter from Mr. Jefferson to compenfa- Mr. Hammond, dated at Philadelphia, Sept. 5, tion to Bri- 1793, a copy of which is annexed to this treajects, for ty; the complaints of the parties fhall be and tifh fub armed in hereby are referred to the commiffioners to captures in their jurifbe appointed by virtue of this article, who are diction or hereby authorized and required to proceed in by veffels the like manner relative to thefe as to the other their ports. cafes committed to them; and the United States undertake to pay to the complainants or claimants in fpecie, without deduction, the amount of fuch fums as fhall be awarded to them respectively by the faid commiffioners, and at the times and places which in fuch awards fhall be specified; and on condition of fuch releases or affignments to be given by the claimants as in the faid awards may be directed: And it is further agreed, that not only the now-existing cafes of both defcriptions, but also all fuch as fhall exift at the time of exchanging the ratifications of this treaty, shall be confidered as being within the provisions, intent, and meaning of this article. ARTICLE VIII. fioners fup It is further agreed, that the commiffioners mentioned in this and in the two preceding How exarticles fhall be respectively paid in fuch man- pentes fhalt be paid, & ner as shall be agreed between the two parties, vacancy of fuch agreement being to be fettled at the time comni of the exchange of the ratifications of this trea- plied. ty. And all other expenses attending the faid commiffions fhall be defrayed jointly by the two parties, the fame being previously ascertained and allowed by the majority of the commiffioners. And in the case of death, fickness or neceffary abfence, the place of every fuch commiffioner refpectively shall be supplied in the fame manner as fuch commiffioner was first appointed, and the new commiffioners fhall take the fame oath or affirmation and do the fame duties. certain titles to lands, ARTICLE IX. It is agreed that British subjects who now Alienage hold lands in the territories of the United not to affect States, and American citizens who now hold lands in the dominions of his Majefty, fhall continue to hold them according to the nature and tenure of their respective estates and titles therein; and may grant, fell, or devife the fame to whom they please, in like manner as if they were natives; and that neither they nor their heirs or affigns fhall, fo far as may refpect the said lands and the legal remedies incident thereto, be regarded as aliens. tion of debts ARTICLE X. Neither the debts due from individuals of Sequeftra the one nation to individuals of the other, nor shares, nor monies which they may have in the retrained. public funds, or in the public or private banks, fhall ever in any event of war or national differences be fequeftered or confifcated, it being unjuft and impolitic that debts and engagements contracted and made by individuals, having confidence in each other and in their refpective governments, fhould ever be deftroyed or impaired by national authority on account of national differences and difcontents. ARTICLE XI. It is agreed between his Majefty and the United States of America, that there fhall be a reciprocal and entirely perfect liberty of navigation and commerce between their refpective people, in the manner, under the limitations and on the conditions fpecified in the following articles : ARTICLE XII. His Majefty consents that it shall and may be lawful during the time herein-after limited, for the citizens of the United States to carry trade regulated. to any of his Majefty's iflands and ports in the Wen-India Weft-Indies from the United States, in their own veffels, not being above the burthen of feventy tons, any goods or merchandizes, being of the growth, manufacture or produce of the faid ftates, which it is or may be lawful to carry to the faid iflands or ports from the faid states in British veffels; and that the said American veffels fhall be fubject there to no other or higher tonnage-duties or charges, than fhall be payable by British veffels in the ports of the United States; and that the cargoes of the faid American veffels fhall be fubject there to no other or higher duties or charges, than fhall be payable on the like articles if imported there from the faid ftates in British veffels. And his Majefty alfo confents, that it fhall be lawful for the faid American citizens to purchase, load, and carry away in their faid veffels to the United States from the faid iflands and ports, all fuch articles, being of the growth, manufacture or produce of the faid islands, as may now by law be carried from thence to the said states in British veffels, and fubject only to the fame duties and charges on exportation, to which British veffels and their cargoes are or fhall be fubject in fimilar circumftances. Provided always, that the faid American veffels do carry and land their cargoes in the United States only, it being exprefsly agreed and declared, that during the continuance of this article, the United States will prohibit and reftrain the carrying any molaffes, fugar, coffee, cocoa or cotton in American veffels, either from his Majesty's islands, or from the United States to any part of the world except the United States, reasonable fea-ftores ex trade Weft-India cepted. Provided also, that it shall and may regulated. be lawful, during the fame period, for British veffels to import from the faid islands into the United States, and to export from the United States to the faid islands, all articles whatever, being of the growth, produce or manufacture of the faid iflands, or of the United States respectively, which now may, by the laws of the faid ftates, be fo imported and exported. And that the cargoes of the faid British veffels shall be subject to no other or higher duties or charges, than fhall be payable on the fame articles if fo imported or exported in American veffels. It is agreed that this article and every matter and thing therein contained, shall continue to be in force during the continuance of the war in which his Majefty is now engaged; and alfo for two years from and after the day of the fignature of the preliminary or other articles of peace, by which the fame may be ter. minated. And it is further agreed, that at the expiration of the faid term, the two contracting parties will endeavour further to regulate their commerce in this respect, according to the fituation in which his Majesty may then find himfelf with refpect to the West-Indies, and with a view to such arrangements as may best conduce to the mutual advantage and extenfion of commerce. And the said parties will then also renew their difcuffions, and endeavour to agree, whether in any and what cafes, neutral veffels shall protect enemy's property; and in what cafes provifions and other articles, not generally contraband, may become fuch. But in the mean time, their conduct towards each other in these refpects, fhall be regulated by |