[66] MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING THE TREATY OF PEACE AND AMITY BETWEEN THE UNITED STATES AND HIS BRITANNIC MAJESTY. February 20, 1815. READ AND ORDERED TO BE PRINTED. WASHINGTON CITY; PRINTED BY ROGER C. WEIGHTMAN, 1815, Avery Architectural and Fine Arts Library Gif t of Seymour B. Durst Old York Library 056] MESSAGE. To the Senate and House of Representatives of the United States. I lay before congress copies of the treaty of peace and amity between the United States and his Bri tannic majesty, which was signed by the commis- sioners of both parties at Ghent, on the 24th of De- cember, 1814, and the ratifications of which have been duly exchanged. While performing this act, I congratulate you, and our constituents, upon an event which is high- ly honorable to the nation, and terminates with peculiar felicity, a campaign signalized by the most brilliant successes. The late war, although reluctantly declared by congress, had become a necessary resort, to assert the rights and independence of the nation. It has been waged with a success which is the natural re- sult of the wisdom of the legislative councils, of the patriotism of the people, of the public spirit of the militia, and ofthe valor of the military and naval forces of the country. Peace, at all times a blessing, is peculiarly welcome, therefore, at a period when the causes for the war have ceased to operate; when the government has demonstrated the efficiency ei' its powers of defence; and when the nation can re- view its conduct without regret, and without re- proach. I recommend to your care and benificence, the gallant men whose achievements, in every de- partment of the military service, on the land and on the water, have so essentially contributed to the honor ofthe American name, and to the restora- 4 [06] tion of peace. The feelings of conscious patriotism and worth, will animate such men, under every change of fortune and pursuit; but their country performs a duty to itself, when it bestows those testimonials of approbation and applause, which are, at once, the reward and the incentive to great actions. The reduction of the public expenditures to the demands of a peace establishment, will, doubtless, engage the immediate attention of congress. There are, however, important considerations which for- bid a sudden and general revocation of the mea- sures that have been produced by the war. Ex- perience has taught us that neither the pacific dis positions of the American people, nor the pacific character of their political institutions, can altoge- ther exempt them from that strife which appears, beyond the ordinary lot of nations, to be incident to the actual period of the world; and the same faithful monitor demonstrates that a certain degree of preparation for war, is not only indispensable to avert disasters in the onset, but affords also the best security for the continuance of peace. The wisdom of congress will, therefore, 1 am confident, provide for the maintenance of an adequate regu lar force; for the gradual advancement of the naval establishment; for improving all the means of bar bor defence; for adding discipline to the distin- guished bravery of the militia; and for cultivating the military art, in its essential branches, under the liberal patronage of government. The resources of our country were, at all times, competent to the attainment of every national ob- ject; but they will now be enriched and inv gorat- ed by the activity which peace will introduce into all the scenes of domestic enterprise and labor. The provision that has been made for the public creditors, during the present session of congress, n: Ubi have a decisive effect in the establishment of [66j the publfc credit; both at home and abroad. The reviving interests of commerce will claim the legis lative attention at the earliest opportunity; and such regulations will, I trust, be seasonably de- vised as shall secure to the United States their just proportion of the navigation of the world. The most liberal policy towards other nations, it met by corresponding dispositions, will, in this re spect, be found the most beneficial policy towards ourselves. Rut there is no subjectt hat can enter with greater force and merit into the deliberations of congress, than a consideration oft he means to preserve and promote the manufactures which have sprung into existence, and attained an ui parallel- ed maturity throughout the United States during the period of the European wais This source of national independence and wealth, I anxiously recommend, therefore,to the prompt and constant guardianship of congress. The termination of the legislative sessions will soon separate you, fellow citizens, from each other, and restore you to your constituents. I pray you to bear with you the expressions of my sanguine hope, that the peace which has been just declared, will not only be the foundation of the most friend- ly intercourse bt tween the United States and Great Britain, but that it will also be productive of happiness and harmony in every section of our beloved country. The influence of your precepts and example must be every where powerful: and while we accord in grateful acknowledgments for the protection which Providence has bestowed upon us, let us never cease to inculcate obedience to the laws, and fidelity to the union, as constitut- ing the palladium of the national independence and prosperity. JAMES MADISON • Washington, February 18j 1815 6 [66] Treaty of peace and amity between his Britannic majesty and the United States of America. His Britannic majesty and the United States of Ameriea, desirous of terminating the war which has unhappily subsisted between the two coun- tries, and of restoring, upon prineiples of perfect reciprocity, peace, friendship, and good under- standing, between them, have, for that purpose, appointed their respective plenipotentiaries that is to say: his Britannic majesty, on his part, has appointed the 1 i^ht honorable James lord Gam- bier, late admiral of the white, now admiral ol the red squadron of his majesty's fleet, Henry Goulburn, esquire, a member of the imperial par liament, and Under-Secretary of state, and Wil- liam 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 ap- pointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Galla- tin, citizens of the United States, who, after a re- ciprocal communication of their respective full powers, have agreed upon the following articles: ARTICLE THE FIRST. There shall be a firm and universal peace, be- tween 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 herein after mentioned. All territory, places, and possessions, whatsoever, taken by either party from the other, during the war, or which maybe taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruc- tion, or carrying away any of the artiUery or other [66J 7 public property originally captured m the said forts or places, and which shall remain therein upon the exchange of the ratifications of this trea- ty, 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 restor- ed 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 pos- session of the party in whose occupation they may be at the time of the exchange of the ratifica- tions 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. ARTICLE THE SECOND. 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 rati- fications 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 ratifica- tions, upon all parts of the coast of North Ame- rica, from the latitude of twenty three degrees noith, 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 8 [66] of Greenwich, shall be restored on each side: that the time shall be thiity days in all other parts of the Atlantic ocean north of the equinoxial 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 Medi- terranean: 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' part of the world south of the equator: and one hundred and twenty days for all other parts of the world, with- out exception. ARTICLE THE THIRD. All prisoners of war taken on cither 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 cap- tivity. The two contracting parties respectively engage to discharge, in specie, the advances which may have been made by the other for the suste- nance and maintenance of such prisoners. ARTICLE THE FOURTH. Whereas it was stipulated by the second article m the treaty of peace, of one thousand seven hun- dred and eighty three, between his Britannic ma- jesty and the United States of America, that the boundary of the United States should compre bend 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 Fun- dy and the Atlantic ocean, excepting such islands as now are, or heretofore have been, within the li- [66] 0- raits of Nova Scotia; and whereas the several is- lands in the bay ot Passamaquoddy, which is part of the bay of Fundy, and the island of Grand Me- non. in the said bay ot Fundy, are claimed by the United Spates, as being comprehended within their aforesaid boundaries, which said islands are claimed a^ 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, final iy to decide upon these claims, it is agreed that they shall be referred to two commissioners, to be ap- pointed in the following manner, viz: One com- missioner shall be appointed by his Britannic ma- jesty, 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 B itaumc ma jesty and of the United States respectively The said commissioners shall meet at St. Andrews, in the province of New B uns- wick, and shall have power to adjourn to such other place or places as they shall think tit The said commissioners shall, by a declaration or re- port under their hands and seals decide to which of the two contracting parties the several islands aforesaid do respectively belong, in conformity with the true intent of the said treaty of peace of one thousand seven hundred and eigh y three. And if the said commissioners shall agree in their decision, botn parties shall consider such decision as fioal aod conclusive. It is further agreed, that in the event of the two commissioners differing up >n ail or any of the matters so referred to them, or in the event of botn or either of the said com 4 - 10 missioners refusing or declining, or wilfully omit- ting to act as such, they shall make, jointly or se- parately, a report or repents, as well to the govern- ment of his Britannic majesty as to that of the Unit- ed 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 cither 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 nam- ed 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 up- on which the. other commissioner shall have refus- ed, 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 parte 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 con- clusive on all the matters so referred. ARTICLE THE FIFTH. 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-western most head of Connecticut river, has yet been ascertained : and whereas that part of the boundary line between the dominions of the two [66] 11 powers, wliicli extends from the source of the river St. Croix directly north to the abovementioned north- west angle of Nova Scotia, thence along the said high- lands which divide those rivers that empty themselves into the river St. Lawrence from those which fall in- to 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 Cataraguy, has not yet been surveyed ; it is agreed, that for these several pur- poses two commissioners shail be appointed, sworn and authorized to act exactly in the manner directed with respect to those mentioned in the next preced- ing article, unless otherwise specified in the present article. 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 commission- ers shall have power to ascertain and determine the points above-mentioned, in conformity with the provi- sions 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 Cataraguy, to be survey- ed 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 oilier points of the said boundary, as they may deem proper. And both parties agree to consi- der such map and declaration as finally and conclu- sively fixing the said boundary. And in the event of the said two commissioners diilering, or both, or either of them refusing, declining, or wilfully omitting to act, such reports, declarations or statements shall [60] be made by them, or either of them, and such refer- cuee to a friendly sovereign or state shall be made, in all respects, as in the latter part of the fourth arti- cle is contained, and in as full a manner as if the same was herein repeated. ARTICLE THE SIXTH. Whereas, by the former treaty of peace that por- tion of the boundary of the United States from the point where the forty-fifth degree of north latitude strikes the river Iroquois or Cataraguy to the lake Superior, was declared to be u along the middle of said river into hike 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 ri- ver, lakes and water communications, and whether certain islands lying in the same were within the do- minions 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 mention- ed in the next preceding article, unless otherwise specified in this present article. The said commis- sioners shall meet, in the first instance, at Albany, in the state of New York, and shall have power to ad- journ to such other place or places as they shall think fit : the said commissioners shall, by a report or decla- ration, under their hands and seals, designate the boundary through the said river, lakes, and water communications, and decide to which of the two con- tracting parties the several islands lying within the $9id river, lakes, and water communications, do res- [63] 13 pectively belongs 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 dif- fering, 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. ARTICLE THE SEVENTH. It is further agreed that the said two last men- tioned 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 boun- dary 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 thou- sand seven hundred arid 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 pro- per. And both parties agree to consider such desig- 14 [66] nation and decision as final and conclusive. And in the event of the said two commissioners differing, or both, or eilher of tlnun refusing, declining, or wilfully omitting to act, such reports, declarations or state- ments shall be made by them, or cither 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. ARTICLE THE EIGHTH. The several hoards of two commissioners men- tioned in the four preceding articles, shall respec- tively have power to appoint a secretary, and to em- ploy such surveyors, or other persons, as they shall judge necessary. Implicates of all their respective reports, declarations, statements, and decisions, and of their aceouuts, and of the journal of their proceed- ings, shall he delivered by them to the agents of his Britannic majesty, and to the agents of the United States, who may be respectively appointed and au- thorized 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 tima- of the ex- change of the ratifications of this treatv. And all other expenses attending the said commissioners, shall be defrayed equally by the two parties. And in the case of death, sickness, resignation, or neces- sary absence, the place of every such commissioner respectively shall be supplied in the same manner as such commissioner w T as 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 w ere in the possession of one of the parties prior to the commencement of the present war be- [66] 15 tween the two countries, should, by the decision of any of the boards of commissioners aforesaid, or of the sovereign or state so referred 10, as in the four next preceding articles contained, fall within the do- minions 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 deci- sions been adjudged to be within the dominions of the party having had such possession. * ARTICLE THE NINTH. The United States of America engage to put an end, immediately after the ratification of the pre- sent 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 sueh tribes or nations, respectively, all the posses- sions, 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, Aud 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 na- tions of Indians with whom he may he at war at the time of such ratification ; and forthwith to restore to such tribes or nations, respectively, all the posses, sions, 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 Britan- nic majesty, and his subjects, upon the ratification of the present treaty being notified to such tribes or na- tions, and shall so desist accordingly. 46 [66] ARTICLE THE TENTH. 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 en- tire abolition; it is hereby agreed that botlj! the con- tracting parties shall use their best endeavors to ac- complish so desirable an object. ARTICLE THE ELEVENTH. This treaty, when the same shall have been ratified on both sides, without alteration by either of the con- tracting parties, and the ratifications mutually ex- changed, 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 plenipotentia- ries, 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. (l. s.) GAMBIER, ( L . s.) HENRY GOULBURN, L s .) WILLIAM AD AMS, L . s.) JOHN QUINCY ADAMS, (l. s.) J. A. BAYARD, (l. s.) H. CLAY, (l. s.) JON A. RUSS ELL, (l. s.) ALBERT GALLATIN.