The United States is still a British Colony

THE UNITED STATES IS STILL A BRITISH COLONY

EXTORTING TAXES FOR THE CROWN!

A DOCUMENTARY REVIEW OF CHARTERS AND TREATIES

August 17, 1996

An Expose'

An introduction by the "Informer"

 

This is the latest from a man who visits me quite often. He and another man researched my theory that we have never been free from the British Crown. This disc shows the results. I have states that we will never win in their courts. This shows conclusively why. We have the hard copy of the treaties that are the footnotes. This predates Schroder's material, my research of the 1861 stats by Lincoln that put us under the War Powers confiscation acts, and John Nelson's material. All our material supports that the real Principal, the King of England, still rules this country through the bankers and why we own no property in allodium. This is why it is so important to start OUR courts of God's natural (common) Law and break away from all the crap they have handed us. This is one reason Virginia had a law to hang all lawyers but was somehow, by someone, (the King) set aside to let them operate again. Some good people put in the original 13th amendment so that without the lawyers the King could not continue his strangle hold on us. James shows how that was quashed by the King. I am happy that James' research of six months bears out my theory, that most people would not listen to me, that we are still citizen/subjects under the kings of England. My article called "Reality" published in the American Bulletin and the article of mine on the "Atocha case," wherein Florida in 1981 used it's sovereignty under the British crown to try to take away the gold from the wreck found in Florida waters supports this premise. James makes mention of the Law dictionaries being England's Law Dict. you will not is lists the reign of all the Kings of England. It never mentions the reign of the Presidents of this country. Ever wonder Why? Get this out to as many people as you can.

The Informer.

The United States is still a British Colony; Part 1

The United States is still a British Colony; Part 2

The United State is still a British Colony; Part 3

 

3. Forgotten Amendment

4. Civil War and The Conquest that followed

5. A Military Flag

6. Conclusion

7. Footnote 1: First Charter of Virginia

8. Footnote 2: The Paris Peace Treaty (Peace Treaty of 1783)

9. Footnote 3: Articles of Capitulation

10. Footnote 4:

11.Footnote 5: The Jay Treaty

12. Footnote 6: 1814 Treaty of Ghent 1814

13. Footnote 7: Washington's Vision: Anthony Sherman

14. Footnote 8

submitted by: colony@civil-liberties.com

Source: http://www.civil-liberties.com/books/index.html

 

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(HERE IS THE COMPLETE DOCUMENT)

THE UNITED STATES IS STILL A BRITISH COLONY

(The Book 607 pages)

                        THE UNITED STATES

                    IS STILL A BRITISH COLONY

 

                            EXTORTING

 

                      TAXES FOR THE CROWN!

 

                      A DOCUMENTARY REVIEW

 

                    OF CHARTERS AND TREATIES

 

                         August 17, 1996

 

An introduction by the "Informer"             

 

     This is the latest from a man who visits me quite often.  He

and another man researched my theory that we have never been free

from the British Crown.  This disc shows the results.  I have

states that we will never win in their courts.  This shows

conclusively why.  We have the hard copy of the treaties that are

the footnotes.  This predates Schroder's material, my research of

the 1861 stats by Lincoln that put us under the War Powers

confiscation acts, and John Nelson's material.  All our material

supports that the real Principal, the King of England, still rules

this country through the bankers and why we own no property in

allodium.  This is why it is so important to start OUR courts of

God's natural (common) Law and break away from all the crap they

have handed us.  This is one reason Virginia had a law to hang all

lawyers but was somehow, by someone, (the King) set aside to let

them operate again.  Some good people put in the original 13th

amendment so that without the lawyers the King could not continue

his strangle hold on us.  James shows how that was quashed by the

King.  I am happy that James' research of six months bears out my

theory, that most people would not listen to me, that we are still

citizen/subjects under the kings of England.  My article called

"Reality" published in the American Bulletin and the article of

mine on the "Atocha case," wherein Florida in 1981 used it's

sovereignty under the British crown to try to take away the gold

from the wreck found in Florida waters supports this premise.

James makes mention of the Law dictionaries being England's Law

Dict. you will not is lists the reign of all the Kings of England.

It never mentions the reign of the Presidents of this country.

Ever wonder Why?  Get this out to as many people as you can.

                             The Informer.

 

 

           The United States is still a British Colony

 

     The trouble with history is, we weren't there when it took

place and it can be changed to fit someones belief and/or

traditions, or it can be taught in the public schools to favor a

political agenda, and withhold many facts.  I know you have been

taught that we won the Revolutionary War and defeated the British,

but I can prove to the contrary.  I want you to read this paper

with an open mind, and allow yourself to be instructed with the

following verifiable facts.  You be the judge and don't let prior

conclusions on your part or incorrect teaching, keep you from the

truth.

 

     I too was always taught in school and in studying our history

books that our freedom came from the Declaration of Independence

and was secured by our winning the Revolutionary War.  I'm going to

discuss a few documents that are included at the end of this paper,

in the footnotes.  The first document is the first Charter of

Virginia in 1606 (footnote #1).  In the first paragraph, the king

of England granted our fore fathers license to settle and colonize

America.  The definition for license is as follows. 

 

     "In Government Regulation. Authority to do some act or carry

on some trade or business, in its nature lawful but prohibited by

statute, except with the permission of the civil authority or which

would otherwise be unlawful."  Bouvier's Law Dictionary, 1914.

 

     Keep in mind those that came to America from England were

British subjects.  So you can better understand what I'm going to

tell you, here are the definitions for subject and citizen.

 

     "In monarchical governments, by subject is meant one who owes

permanent allegiance to the monarch."  Bouvier's Law Dictionary,

1914.

 

     "Constitutional Law. One that owes allegiance to a sovereign

and is governed by his laws.  The natives of Great Britain are

subjects of the British government.  Men in free governments are

subjects as well as citizens; as citizens they enjoy rights and

franchises; as subjects they are bound to obey the laws.  The term

is little used, in this sense, in countries enjoying a republican

form of government."  Swiss Nat. Ins. Co. v. Miller, 267 U.S. 42,

45 S. Ct. 213, 214, 69 L.Ed. 504. Blacks fifth Ed.

 

     I chose to give the definition for subject first, so you could

better understand what definition of citizen is really being used

in American law.  Below is the definition of citizen from Roman

law.

 

     "The term citizen was used in Rome to indicate the possession

of private civil rights, including those accruing under the Roman

family and inheritance law and the Roman contract and property law.

All other subjects were peregrines.  But in the beginning of the 3d

century the distinction was abolished and all subjects were

citizens; 1 sel. Essays in Anglo-Amer. L. H. 578."  Bouvier's Law

Dictionary, 1914.

 

     The king was making a commercial venture when he sent his

subjects to America, and used his money and resources to do so.  I

think you would admit the king had a lawful right to receive gain

and prosper from his venture.  In the Virginia Charter he declares

his sovereignty over the land and his subjects and in paragraph 9

he declares the amount of gold, silver and copper he is to receive

if any is found by his subjects.  There could have just as easily

been none, or his subjects could have been killed by the Indians.

This is why this was a valid right of the king (Jure Coronae, "In

right of the crown," Black's forth Ed.), the king expended his

resources with the risk of total loss. 

 

     If you'll notice in paragraph 9 the king declares that all his

heirs and successors were to also receive the same amount of gold,

 

silver and copper that he claimed with this Charter.  The gold that

remained in the colonies was also the kings.  He provided the

remainder as a benefit for his subjects, which amounted to further

use of his capital.  You will see in this paper that not only is

this valid, but it is still in effect today.  If you will read the

rest of the Virginia Charter you will see that the king declared

the right and exercised the power to regulate every aspect of

commerce in his new colony.  A license had to be granted for travel

connected with transfer of goods (commerce) right down to the

furniture they sat on.  A great deal of the king's declared

property was ceded to America in the Treaty of 1783.  I want you to

stay focused on the money and the commerce which was not ceded to

America.

 

     This brings us to the Declaration of Independence.  Our

freedom was declared because the king did not fulfill his end of

the covenant between king and subject.  The main complaint was

taxation without representation, which was reaffirmed in the early

1606 Charter granted by the king.  It was not a revolt over being

subject to the king of England, most wanted the protection and

benefits provided by the king.  Because of the kings refusal to

hear their demands and grant relief, separation from England became

the lesser of two evils.  The cry of freedom and self determination

became the rallying cry for the colonist.  The slogan "Don't Tread

On Me" was the standard borne by the militias. 

 

     The Revolutionary War was fought and concluded when Cornwallis

surrendered to Washington at Yorktown.  As Americans we have been

taught that we defeated the king and won our freedom.  The next

document I will use is the Treaty of 1783, which will totally

contradict our having won the Revolutionary War. (footnote 2). 

 

     I want you to notice in the first paragraph that the king

refers to himself as prince of the Holy Roman Empire and of the

United States.  You know from this that the United States did not

negotiate this Treaty of peace in a position of strength and

victory, but it is obvious that Benjamin Franklin, John Jay and

John Adams negotiated a Treaty of further granted privileges from

the king of England.  Keep this in mind as you study these

documents.  You also need to understand the players of those that

negotiated this Treaty.  For the Americans it was Benjamin Franklin

Esgr., a great patriot and standard bearer of freedom.  Or was he?

His title includes Esquire.   

 

     An Esquire in the above usage was a granted rank and Title of

nobility by the king, which is below Knight and above a yeoman,

common man.  An Esquire is someone that does not do manual labor as

signified by this status, see the below definitions.

 

     "Esquires by virtue of their offices; as justices of the

peace, and others who bear any office of trust under the

crown....for whosever studieth the laws of the realm, who studieth

in the universities, who professeth the liberal sciences, and who

can live idly, and without manual labor, and will bear the  port,

charge, and countenance of a gentleman, he shall be called master,

and shall be taken for a gentleman."  Blackstone Commentaries p.

 

561-562

 

     "Esquire - In English Law. A title of dignity next above

gentleman, and below knight.  Also a title of office given to

sheriffs, serjeants, and barristers at law, justices of the peace,

and others."  Blacks Law Dictionary fourth ed. p. 641

 

     Benjamin Franklin, John Adams and John Jay as you can read in

the Treaty were all Esquires and were the signers of this Treaty

and the only negotiators of the Treaty.  The representative of the

king was David Hartley Esqr..

 

     Benjamin Franklin was the main negotiator for the terms of the

Treaty, he spent most of the War traveling between England and

France.  The use of Esquire declared his and the others British

subjection and loyalty to the crown.

 

     In the first article of the Treaty most of the kings claims to

America are relinquished, except for his claim to continue

receiving gold, silver and copper as gain for his business venture.

Article 3 gives Americans the right to fish the waters around the

United States and its rivers.  In article 4 the United States

agreed to pay all bona fide debts.  If you will read my other

papers on money you will understand that the financiers were

working with the king.  Why else would he protect their interest

with this Treaty? 

 

     I wonder if you have seen the main and obvious point?  This

Treaty was signed in 1783, the war was over in 1781.  If the United

States defeated England, how is the king granting rights to

America, when we were now his equal in status?  We supposedly

defeated him in the Revolutionary War!  So why would these supposed

patriot Americans sign such a Treaty, when they knew that this

would void any sovereignty gained by the Declaration of

Independence and the Revolutionary War?  If we had won the

Revolutionary War, the king granting us our land would not be

necessary, it would have been ours by his loss of the Revolutionary

War.  To not dictate the terms of a peace treaty in a position of

strength after winning a war; means the war was never won. Think of

other wars we have won, such as when we defeated Japan.  Did

McArther allow Japan to dictate to him the terms for surrender?  No

way!  All these men did is gain status and privilege granted by the

king and insure the subjection of future unaware generations.

Worst of all, they sold out those that gave their lives and

property for the chance to be free.

 

     When Cornwallis surrendered to Washington he surrendered the

battle, not the war.  Read the Article of Capitulation signed by

Cornwallis at Yorktown (footnote 3)

 

     Jonathan Williams recorded in his book, Legions of Satan,

1781, that Cornwallis revealed to Washington during his surrender

that "a holy war will now begin on America, and when it is ended

America will be supposedly the citadel of freedom, but her millions

will unknowingly be loyal subjects to the Crown."...."in less than

two hundred years the whole nation will be working for divine world

government.  That government that they believe to be divine will be

the British Empire." 

 

     All the Treaty did was remove the United States as a liability

and obligation of the king.  He no longer had to ship material and

 

money to support his subjects and colonies.  At the same time he

retained financial subjection through debt owed after the Treaty,

which is still being created today; millions of dollars a day.  And

his heirs and successors are still reaping the benefit of the kings

original venture.  If you will read the following quote from Title

26, you will see just one situation where the king is still

collecting a tax from those that receive a benefit from him, on

property which is purchased with the money the king supplies, at

almost the same percentage:

 

-CITE-

    26 USC Sec. 1491

HEAD-

    Sec. 1491. Imposition of tax

-STATUTE-

      There is hereby imposed on the transfer of property by a

citizen or resident of the United States, or by a domestic

corporation or partnership, or by an estate or trust which is not

a foreign estate or trust, to a foreign corporation as paid-in

surplus or as a contribution to capital, or to a foreign estate or

trust, or to a foreign partnership, an excise tax equal to 35

percent of the excess of -

        (1) the fair market value of the property so transferred,

            over

        (2) the sum of -

            (A) the adjusted basis (for determining gain) of such

            property in the hands of the transferor, plus

            (B) the amount of the gain recognized to the transferor

            at the time of the transfer.

-SOURCE-

    (Aug. 16, 1954, ch. 736, 68A Stat. 365; Oct. 4, 1976, Pub. L.

    94-455, title X, Sec. 1015(a), 90 Stat. 1617; Nov. 6, 1978,

Pub. L.

    95-600, title VII, Sec. 701(u)(14)(A), 92 Stat. 2919.)

-MISC1-

                                 AMENDMENTS

      1978 - Pub. L. 95-600 substituted 'estate or trust' for    

      'trust' wherever appearing.

      1976 - Pub. L. 94-455 substituted in provisions preceding  

      par.

      (1) 'property' for 'stocks and securities' and '35 percent'

      for '27 1/2 percent' and in par.

      (1) 'fair market value' for 'value' and 'property' for     

      'stocks and securities' and in par.

      (2) designated existing provisions as subpar. (A) and added

      subpar. (B).

                      EFFECTIVE DATE OF 1978 AMENDMENT

      Section 701(u)(14)(C) of Pub. L. 95-600 provided that: 'The

      amendments made by this paragraph (amending this section and

      section 1492 of this title) shall apply to transfers after 

      October 2, 1975.'

                      EFFECTIVE DATE OF 1976 AMENDMENT

      Section 1015(d) of Pub. L. 94-455 provided that: 'The      

      amendments made by this section (enacting section 1057 of  

      this title, amending this section and section 1492 of this 

      title, and renumbering former section 1057 as 1058 of this 

      title) shall apply to transfers of property after October 2,

      1975.'

     A new war was declared when the Treaty was signed.  The king

wanted his land back and he knew he would be able to regain his

property for his heirs with the help of his world financiers.  Here

is a quote from the king speaking to Parliament after the

Revolutionary War had concluded.

 

 

     (Six weeks after) the capitulation of Yorktown, the king of

Great Britain, in his speech to Parliament (Nov. 27, 1781),

declared "That he should not answer the trust committed to the

sovereign of a free people, if he consented to sacrifice either to

his own desire of peace, or to their temporary ease and relief,

those essential rights and permanent interests, upon the

maintenance and preservation of which the future strength and

security of the country must forever depend."  The determined

language of this speech, pointing to the continuance of the

American war, was echoed back by a majority of both Lords and

Commons.

     In a few days after (Dec. 12), it was moved in the House of

Commons that a resolution should be adopted declaring it to be

their opinion "That all farther attempts to reduce the Americans to

obedience by force would be ineffectual, and injurious to the true

interests of Great Britain."  The rest of the debate can be found

in (footnote 4).  What were the true interests of the king?  The

gold, silver and copper.

 

     The new war was to be fought without Americans being aware

that a war was even being waged, it was to be fought by subterfuge

and key personnel being placed in key positions.  The first two

parts of "A Country Defeated In Victory," go into detail about how

this was done and exposes some of the main players.

 

     Every time you pay a tax you are transferring your labor to

the king, and his heirs and successors are still receiving interest

from the original American Charters.

 

     The following is the definition of tribute (tax).

     "A contribution which is raised by a prince or sovereign from

his subjects to sustain the expenses of the state.

     A sum of money paid by an inferior sovereign or state to a

superior potentate, to secure the friendship or protection of the

latter."  Blacks Law Dictionary forth ed. p. 1677

 

     As further evidence, not that any is needed, a percentage of

taxes that are paid are to enrich the king/queen of England.  For

those that study Title 26 you will recognize IMF, which means

Individual Master File, all tax payers have one.  To read one you

have to be able to break their codes using file 6209, which is

about 467 pages.  On your IMF you will find a blocking series,

which tells you what type of tax you are paying.  You will probably

find a 300-399 blocking series, which 6209 says is reserved.  You

then look up the BMF 300-399, which is the Business Master File in

6209.  You would have seen prior to 1991, this was U.S.-U.K. Tax

Claims, non-refile DLN.  Meaning everyone is considered a business

and involved in commerce and you are being held liable for a tax

via a treaty between the U.S. and the U.K., payable to the U.K..

The form that is supposed to be used for this is form 8288, FIRPTA

- Foreign Investment Real Property Tax Account, you won't find many

people using this form, just the 1040 form.  The 8288 form can be

found in the Law Enforcement Manual of the IRS, chapter 3.  If you

will check the OMB's paper - Office of Management and Budget, in

the Department of Treasury, List of Active Information Collections,

 

Approved Under Paperwork Reduction Act, you will find this form

under OMB number 1545-0902, which says U.S. withholding tax-return

for dispositions by foreign persons of U.S. real property

interests-statement of withholding on dispositions, by foreign

persons, of U.S. Form #8288 #8288a

     These codes have since been changed to read as follows; IMF

300-309, Barred Assement, CP 55 generated valid for MFT-30, which

is the code for 1040 form.  IMF 310-399 reserved, the BMF 300-309

reads the same as IMF 300-309.  BMF 390-399 reads U.S./U.K. Tax

Treaty Claims.  The long and short of it is nothing changed, the

government just made it plainer, the 1040 is the payment of a

foreign tax to the king/queen of England.  We have been in

financial servitude since the Treaty of 1783.

 

     Another Treaty between England and the United States was Jay's

Treaty of 1794 (footnote 5).  If you will remember from the Paris

Treaty of 1783, John Jay Esqr. was one of the negotiators of the

Treaty.  In 1794 he negotiated another Treaty with Britain.  There

was great controversy among the American people about this Treaty.

 

     In Article 2 you will see the king is still on land that was

supposed to be ceded to the United States at the Paris Treaty.

This is 13 years after America supposedly won the Revolutionary

War.  I guess someone forgot to tell the king of England.  In

Article 6, the king is still dictating terms to the United States

concerning the collection of debt and damages, the British

government and World Bankers claimed we owe.  In Article 12 we find

the king dictating terms again, this time concerning where and with

who the United States could trade. In Article 18 the United States

agrees to a wide variety of material that would be subject to

confiscation if Britain found said material going to its enemies

ports.  Who won the Revolutionary War?

 

     That's right, we were conned by some of our early fore fathers

into believing that we are free and sovereign people, when in fact

we had the same status as before the Revolutionary War.  I say had,

because our status is far worse now than then.  I'll explain.

 

     Early on in our history the king was satisfied with the

interest made by the Bank of the United States.  But when the Bank

Charter was canceled in 1811 it was time to gain control of the

government, in order to shape government policy and public policy.

Have you never asked yourself why the British, after burning the

White House and all our early records during the War of 1812, left

and did not take over the government.  The reason they did, was to

remove the greatest barrier to their plans for this country.  That

barrier was the newly adopted 13th Amendment to the United States

Constitution.  The purpose for this Amendment was to stop anyone

from serving in the government who was receiving a Title of

nobility or honor.  It was and is obvious that these government

employees would be loyal to the granter of the Title of nobility or

honor. 

     The War of 1812 served several purposes.  It delayed the

passage of the 13th Amendment by Virginia, allowed the British to

destroy the evidence of the first 12 states ratification of this

 

Amendment, and it increased the national debt, which would coerce

the Congress to reestablish the Bank Charter in 1816 after the

Treaty of Ghent was ratified by the Senate in 1815.

 

                     Forgotten Amendment

 

     The Articles of Confederation, Article VI states: "nor shall

the united States in Congress assembled, or any of them, grant any

Title of nobility."

 

     The Constitution for the united States, in Article, I Section

9, clause 8 states: "No Title of nobility shall be granted by the

united States; and no Person holding any Office or Profit or Trust

under them, shall, without the Consent of the Congress, accept of

any present, Emolument, Office, or Title, of any kind whatever,

from any King, Prince, or foreign State."

 

     Also, Section 10, clause 1 states, "No State shall enter into

any Treaty, Alliance, or Confederation; grant Letters of Marque or

Reprisal; coin Money; emit Bills of Credit; make any Thing but Gold

and silver Coin a Tender in Payment of Debts; pass any Bill of

Attainder, ex post facto of Law impairing the Obligation of

Contracts, or grant any Title of nobility."

 

     There was however, no measurable penalty for violation of the

above Sections, Congress saw this as a great threat to the freedom

of Americans, and our Republican form of government.  In January

1810 Senator Reed proposed the Thirteenth Amendment, and on April

26, 1810 was passed by the Senate 26 to 1 (1st-2nd session, p. 670)

and by the House 87 to 3 on May 1, 1810 (2nd session, p. 2050) and

submitted to the seventeen states for ratification.  The Amendment

reads as follows:

 

     "If any citizen of the United States shall Accept, claim,

receive or retain any title of nobility or honor, or shall, without

the consent of Congress, accept and retain any present, pension,

office or emolument of any kind whatever, from any emperor, king,

prince or foreign power, such person shall cease to be a citizen of

the United States, and shall be incapable of holding any office of

trust or profit under them, or either of them." 

 

     From An "American Dictionary of the English Language, 1st

Edition," Noah Webster, (1828) defines nobility as: "3. The

qualities which constitute distinction of rank in civil society,

according to the customs or laws of the country; that eminence or

dignity which a man derives from birth or title conferred, and

which places him in an order above common men."; and, "4. The

persons collectively who enjoy rank above commoners; the peerage."

 

     The fore-mentioned Sections in the Constitution for the united

States, and the above proposed Thirteenth Amendment sought to

prohibit the above definition, which would give any advantage or

privilege to some citizens an unequal opportunity to achieve or

exercise political power.  Thirteen of the seventeen states listed

below understood the importance of this Amendment.

 

 

Date admitted                 Date voted for   Date voted against

to the Union                  the Amendment    the Amendment

 

1788         Maryland         Dec. 25,  1810

1792         Kentucky         Jan. 31,  1811

1803         Ohio             Jan. 31,  1811

 

1787         Delaware         Feb. 2,   1811

1787         Pennsylvania     Feb. 6,   1811

1787         New Jersey       Feb. 13,  1811

1791         Vermont          Oct. 24,  1811

1796         Tennessee        Nov. 21,  1811

1788         Georgia          Dec. 13,  1811

1789         North Carolina   Dec. 23,  1811

1788         Massachusetts    Feb. 27,  1812

1788         New Hampshire    Dec. 10,  1812

1788         Virginia         March 12, 1819

1788         New York                          March 12, 1811

1788         Connecticut                       May 1813

1788         South Carolina                    December 7, 1813

1790         Rhode Island                      September 15, 1814

 

 

     On March 10, 1819, the Virginia legislature passed Act No. 280

(Virginia Archives of Richmond, "misc." file, p. 299 for micro-

film):

 

     "Be it enacted by the General Assembly, that there shall be

published an edition of the laws of this Commonwealth in which

shall be contained the following matters, that is to say: the

Constitution of the united States and the amendments thereto..."

 

     The official day of ratification was March 12, 1819, this was

the date of re-publication of the Virginia Civil Code.  Virginia

ordered 4,000 copies, almost triple their usual order.  Word of

Virginia's 1819 ratification spread throughout the states and both

Rhode Island and Kentucky published the new Amendment in 1822.

Ohio published the new Amendment in 1824.  Maine ordered 10,000

copies of the Constitution with the new Amendment to be printed for

use in the public schools, and again in 1831 for their Census

Edition.  Indiana published the new Amendment in the Indiana

Revised Laws, of 1831 on P. 20.  The Northwest Territories

published the new Amendment in 1833; Ohio published the new

Amendment again in 1831 and in 1833.  Connecticut, one of the

states that voted against the new Amendment published the new

Amendment in 1835.  Wisconsin Territory published the new Amendment

in 1839; Iowa Territory published the new Amendment in 1843; Ohio

published the new Amendment again, in 1848; Kansas published the

new Amendment in 1855; and Nebraska Territory published the new

Amendment six years in a row from 1855 to 1860.  Colorado Territory

published the new Amendment in 1865 and again 1867, in the 1867

printing, the present Thirteenth Amendment (slavery Amendment) was

listed as the Fourteenth Amendment.  The repeated reprinting of the

Amended united States Constitution is conclusive evidence of its

passage.

 

     Also, as evidence of the new Thirteenth Amendments impending

passage; on December 2, 1817 John Quincy Adams, then Secretary of

State, wrote to Buck (an attorney) regarding the position Buck had

been assigned.  The letter reads:

 

     "...if it should be the opinion of this Government that the

acceptance on your part of the Commission under which it was

granted did not interfere with your citizenship.

     It is the opinion of the Executive that under the 13th

amendment to the constitution by the acceptance of such an

appointment from any foreign Government, a citizen of the United

States ceases to enjoy that character, and becomes incapable of

holding any office of trust or profit under the United States or

either of them...     J.Q.A.

 

     By virtue of these titles and honors, and special privileges,

lawyers have assumed political and economic advantages over the

majority of citizens.  A majority may vote, but only a minority

(lawyers) may run for political office.

 

     After the War of 1812 was concluded the Treaty of Ghent was

signed and ratified (footnote 6).  In Article 4 of the Treaty, the

United States gained what was already given in the Treaty of Paris

1783, namely islands off the U.S. Coast.  Also, two men were to be

given the power to decide the borders and disagreements, if they

could not, the power was to be given to an outside sovereign power

and their decision was final and considered conclusive.  In Article

9 it is admitted there are citizens and subjects in America.  As

you have seen, the two terms are interchangeable, synonymous.  In

Article 10 you will see where the idea for the overthrow of this

country came from and on what issue.  The issue raised by England

was slavery and it was nurtured by the king's emissaries behind the

scenes.  This would finally lead to the Civil War, even though the

Supreme Court had declared the states and their citizens property

rights could not be infringed on by the United States government or

Congress.  This was further declared by the following Presidential

quotes, where they declared to violate the states rights would

violate the U.S. Constitution.  Also, history shows that slavery

would not have existed much longer in the Southern states, public

sentiment was changing and slavery was quickly disappearing.  The

Civil War was about destroying property rights and the U.S.

Constitution which supported these rights.  Read the following

quotes of Presidents just before the Civil War:

 

     "I believe that involuntary servitude, as it exists in

different States of this Confederacy, is recognized by the

Constitution.  I believe that it stands like any other admitted

right, and that the States were it exists are entitled to efficient

remedies to enforce the constitutional provisions."  Franklin

Pierce Inaugural Address, March 4, 1853 - Messages and Papers of

the Presidents, vol. 5.

 

     "The whole Territorial question being thus settled upon the

principle of popular sovereignty-a principle as ancient as free

government itself-everything of a practical nature has been

decided.  No other question remains for adjustment, because all

agree that under the  Constitution slavery in the States is beyond

the reach of any human power except that of the respective States

themselves wherein it exists."  James Buchanan Inaugural Address,

March 4, 1857 - Messages and Papers of the Presidents, vol. 5.

 

     "I cordially congratulate you upon the final settlement by the

Supreme Court of the United States of the question of slavery in

the Territories, which had presented an aspect so truly formidable

at the commencement of my Administration.  The right has been

established of every citizen to take his property of any kind,

including slaves, into the common Territories belonging equally to

all the States of the Confederacy, and to have it protected there

 

under the Federal Constitution.  Neither Congress nor a Territorial

legislature nor any human power has any authority to annul or

impair this vested right.  The supreme judicial tribunal of the

country, which is a coordinate branch of the Government, has

sanctioned and affirmed these principles of constitutional law, so

manifestly just in themselves and so well calculated to promote

peace and harmony among the States."  James Buchanan, Third Annual

Message, December 19, 1859 - Messages and Papers of the Presidents,

vol. 5.

 

     So there is no misunderstanding I am not rearguing slavery.

Slavery is morally wrong and contrary to God Almighty's Law.  In

this divisive issue, the true attack was on our natural rights and

on the Constitution.  The core of the attack was on our right to

possess allodial property.  Our God given right to own property in

allodial was taken away by conquest of the Civil War.  If you are

free this right cannot be taken away.  The opposite of free is

slave or subject, we were allowed to believe we were free for about

70 years.  Then the king said enough, and had the slavery issue

pushed to the front by the northern press, which so formed northern

public opinion, that they were willing to send their sons to die in

the Civil War. 

 

     The southern States were not fighting so much for the slave

issue, but for the right to own property, any property.  These

property rights were granted by the king in the Treaty of 1783,

knowing they would soon be forfeited by the American people through

ignorance.  Do you think you own your house?  If you were to stop

paying taxes, federal or state, you would soon find out that you

were just being allowed to live and pay rent for this house.  The

rent being the taxes to the king, who supplied the benefit of

commerce.  A free man not under a monarch, democracy, dictatorship

or socialist government, but is under a republican form of

government would not and could not have his property taken.  Why!

The king's tax would not and could not be levied.  If the Americans

had been paying attention the first 70 years to the subterfuge and

corruption of the Constitution and government representatives,

instead of chasing the money supplied by the king, the Conquest of

this country during the Civil War could have been avoided.  George

Washington had vision during the Revolutionary War, concerning the

Civil War.  You need to read it. footnote 7

 

 

            Civil War and The Conquest that followed

 

     The government and press propaganda that the War was to free

the black people from slavery is ridiculous, once you understand

the Civil War Thirteenth and Fourteenth Amendments.  The black

people are just as much slaves today as before the Civil War just

as the white people are, and also we find ourselves subjects of the

king/queen of England.  The only thing that changed for black

people is they changed masters and were granted a few rights, which

I might add can be taken away anytime the government chooses. Since

the 1930's the black people have been paid reparations to buy off

their silence, in other words, keep the slaves on the plantation

 

working.  I do not say this to shock or come across as prejudiced,

because I'm not.  Here's what Russell Means said, for those that

don't remember who he is, he was the father in the movie called,

"Last Of The Mohicians".  Russell Means said " until the white man

is free we will never be free", the we he is referring to are the

Indians.  There has never been a truer statement, however the

problem is the white people are not aware of their enslavement.

 

     At the risk of being redundant; to set the record straight,

because Lord only knows what will be said about what I just said

regarding black people, I believe that if you are born in this

country you are equal, period.  Forget the empty promises of civil

rights, what about you unalienable natural rights under God

Almighty.  All Americans are feudal tenants on the land, allowed to

rent the property they live on as long as the king gets his cut.

What about self-determination, or being able to own allodial title

to property, which means the king cannot take your property for

failure to pay a tax.  Which means you did not own it to begin

with.  The king allows you to use the material goods and land.

Again this is financial servitude.

 

     "The ultimate ownership of all property is in the state;

individual so-called `ownership' is only by virtue of government,

i.e., law, amounting to a mere user; and use must be in accordance

with law and subordinate to the necessities of the State." Senate

Document No. 43, "Contracts payable in Gold" written in 1933.

 

     The king controlled the government by the time the North won

the Civil War, through the use of lawyers that called the shots

behind the scenes, just as they do now and well placed subjects in

the United States government.  This would not have been possible if

not for England destroying our documents in 1812 and the covering

up of state documents of the original 13th Amendment. 

 

     According to International law, what took place when the North

conquered the South?  First, you have to understand the word

"conquest" in international law.  When you conquer a state you

acquire the land; and those that were subject to the conquered

state, then become subject to the conquers.  The laws of the

conquered state remain in force until the conquering state wishes

to change all or part of them.  At the time of conquest the laws of

the conquered state are subject to change or removal, which means

the law no longer lies with the American people through the

Constitution, but lies with the new sovereign.  The Constitution no

longer carries any power of its own, but drives its power from the

new sovereign, the conqueror.  The reason for this is the

Constitution derived its power from the people, when they were

defeated, so was the Constitution. 

 

The following is the definition of Conquest:

     "The acquisition of the sovereignty of a country by force of

arms, exercised by an independent power which reduces the

vanquished to submission to its empire."

     "The intention of the conqueror to retain the conquered

territory is generally manifested by formal proclamation of

annexation, and when this is combined with a recognized ability to

 

retain the conquered territory, the transfer of sovereignty is

complete.  A treaty of peace based upon the principle of uti

possidetis (q.v.) is formal recognition of conquest."

     "The effects of conquest are to confer upon the conquering

state the public property of the conquered state, and to invest the

former with the rights and obligations of the latter; treaties

entered into by the conquered state with other states remain

binding upon the annexing state, and the debts of the extinct state

must be taken over by it.  Conquest likewise invests the conquering

state with sovereignty over the subjects of the conquered state.

Among subjects of the conquered state are to be included persons

domiciled in the conquered territory who remain there after the

annexation.  The people of the conquered state change their

allegiance but not their relations to one another."  Leitensdorfer

v. Webb, 20 How. (U.S.) 176, 15 L. Ed. 891.

     "After the transfer of political jurisdiction to the conqueror

the municipal laws of the territory continue in force until

abrogated by the new sovereign."  American Ins. Co. v. Canter, 1

Pet. (U.S.) 511, 7 L. Ed. 242. Conquest, In international Law. -

Bouvier's Law Dictionary

 

     What happened after the Civil War?  Did not U.S. troops force

the southern states to accept the Fourteenth Amendment?  The laws

of America, the Constitution were changed by the conquering

government.  Why?  The main part I want you to see, as I said at

the beginning of this paper, is watch the money and the commerce.

The Fourteenth Amendment says the government debt can not be

questioned.  Why?  Because now the king wants all the gold, silver

and copper and the land.  Which can easily be done by increasing

the government debt and making the American people sureties for the

debt.  This has been done by the sleight of hand of lawyers and the

bankers.

 

     The conquering state is known as a Belligerent, read the

following quotes.

 

Belligerency, is International Law 

     "The status of de facto statehood attributed to a body of

insurgents, by which their hostilities are legalized.  Before they

can be recognized as belligerents they must have some sort of

political organization and be carrying on what is international law

is regarded as legal war.  There must be an armed struggle between

two political bodies, each of which exercises de facto authority

over persons within a determined territory, and commands an army

which is prepared to observe the ordinary laws of war.  It is not

enough that the insurgents have an army; they must have an

organized civil authority directing the army."

     "The exact point at which revolt or insurrection becomes

belligerency is often extremely difficult to determine; and

belligerents are not usually recognized by nations unless they have

some strong reason or necessity for doing so, either because the

territory where the belligerency is supposed to exist is contiguous

to their own, or because the conflict is in some way affecting

their commerce or the rights of their citizens...One of the most

serious results of recognizing belligerency is that it frees the

 

parent country from all responsibility for what takes place within

the insurgent lined;  Dana's Wheaton, note 15, page 35."  Bouvier's

Law Dictionary

 

Belligerent, In International Law. 

     "As adj. and noun. Engaged in lawful war; a state so engaged.

In plural.  A body of insurgents who by reason of their temporary

organized government are regarded as conducting lawful hostilities.

Also, militia, corps of volunteers, and others, who although not

part of the regular army of the state, are regarded as lawful

combatants provided they observe the laws of war; 4 H. C. 1907,

arts, 1, 2."  Bouvier's Law Dictionary

 

     According to the International law no law has been broken.

Read the following about military occupation, notice the third

paragraph.  After the Civil War, title to the land had not been

completed to the conquers, but after 1933 it was.  I will address

this in a moment.  In the last paragraph, it says the Commander-in-

Chief governs the conquered state.  The proof that this is the case

today, is the U.S. flies the United States flag with a yellow

fringe on three sides.  According to the United States Code, Title

4, Sec. 1, the U.S. flag does not have a fringe on it.  The

difference being one is a Constitutional flag, and the fringed flag

is a military flag.  The military flag means you are in a military

occupation and are governed by the Commander-in-Chief in his

executive capacity, not under any Constitutional authority.  Read

the following.

 

Military Occupation 

     "This at most gives the invader certain partial and limited

rights of sovereignty.  Until conquest, the sovereign rights of the

original owner remain intact.  Conquest gives the conqueror full

rights of sovereignty and, retroactively, legalizes all acts done

by him during military occupation.  Its only essential is actual

and exclusive possession, which must be effective."

     "A conqueror may exercise governmental authority, but only

when in actual possession of the enemy's country; and this will be

exercised upon principles of international law; MacLeod v. U.S.,

229 U.S. 416, 33 Sup. Ct 955, 57 L. Ed. 1260." 

     "The occupant administers the government and may, strictly

speaking, change the municipal law, but it is considered the duty

of the occupant to make as few changes in the ordinary

administration of the laws as possible, though he may proclaim

martial law if necessary.  He may occupy public land and buildings;

he cannot alienate them so as to pass a good title, but a

subsequent conquest would probably complete the title..."

     "Private lands and houses are usually exempt.  Private movable

property is exempt, though subject to contributions and

requisitions.  The former are payments of money, to be levied only

by the commander-in-chief...Military necessity may require the

destruction of private property, and hostile acts of communities or

individuals may be punished in the same way.  Property may be

liable to seizure as booty on the field of battle, or when a town

refuses to capitulate and is carried by assault.  When military

occupation ceases, the state of things which existed previously is

 

restored under the fiction of postliminium (q.v.)"

     "Territory acquired by war must, necessarily, be governed, in

the first instance, by military power under the direction of the

president, as commander-in-chief.  Civil government can only be put

in operation by the action of the appropriate political department

of the government, at such time and in such degree as it may

determine.  It must take effect either by the action of the treaty-

making power, or by that of congress.  So long as congress has not

incorporated the territory into the United States, neither military

occupation nor cession by treaty makes it domestic territory, in

the sense of the revenue laws.  Congress may establish a temporary

government, which is not subject to all the restrictions of the

constitution.  Downes v. Bidwell, 182 U.S. 244, 21 Sup Ct. 770, 45

L. Ed. 1088, per Gray, J., concurring in the opinion of the court."

Bouvier's Law Dictionary

 

     Paragraph 1-3 of the definition of Military Occupation

describes what took place during and after the Civil War.  What

took place during the Civil War and Post Civil War has been legal

under international law.  You should notice in paragraph 3, that at

the end of the Civil War, title to the land was not complete, but

the subsequent Conquest completed the title.  When was the next

Conquest?  1933, when the American people were alienated by our

being declared enemies of the Conquer and by their declaring war

against all Americans.  Read the following quotes and also

(footnote 8).

 

     The following are excerpts from the Senate Report, 93rd

Congress, November 19, 1973, Special Committee On The Termination

Of The National Emergency United States Senate.

 

     Since March 9, 1933, the United States has been in a state of

declared national emergency....Under the powers delegated by these

statutes, the President may: seize property; organize and control

the means of production; seize commodities; assign military forces

abroad; institute martial law; seize and control all transportation

and communication; regulate the operation of private enterprise;

restrict travel; and, in a plethora of particular ways, control the

lives of all American citizens.

     A majority of the people of the United States have lived all

of their lives under emergency rule.  For 40 years, freedoms and

governmental procedures guaranteed by the Constitution have, in

varying degrees, been abridged by laws brought into force by states

of national emergency....from, at least, the Civil War in important

ways shaped the present phenomenon of a permanent state of national

emergency.

 

     In Title 12, in section 95b you'll find the following

codification of the emergency war powers: The actions, regulations,

rules, licenses, orders and proclamations heretofore or hereafter

taken, promulgated, made, or issued by the President of the United

States or the Secretary of the Treasury since March 4, 1933,

pursuant to the authority conferred by subsection (b) of section 5

of the Act of October 6, 1917, as amended (12 USCS, 95a), are

hereby approved and confirmed.  (March 9, 1933, c. 1, Title 1, 1,

48 Stat. 1)

 

 

     It is clear that the Bankrupt, defacto government of the

united States, which is operating under the War Powers Act and

Executive Orders; not the Constitution for the united States, has

in effect issued under its Admiralty Law, Letters of Marque

(piracy) to its private agencies IRS, ATF, FBI and DEA, with

further enforcement by its officers in the Courts, local police and

sheriffs, waged war against the American People and has classed

Americans as enemy aliens.

 

     The following definition is from BOUVIER'S LAW DICTIONARY (P.

1934) of Letters of Marque, it says: "A commission granted by the

government to a private individual, to take the property of a

foreign state, or of the citizens or subjects of such state, as a

reparation for an injury committed by such state, its citizens or

subjects.  The prizes so captured are divided between the owners of

the privateer, the captain, and the crew.  A vessel to a friendly

port, but armed for its own defence in case of attack by an enemy,

is also called a letter of marque."

 

Words and Phrases, Dictionary

     By the law of nations, an enemy is defined to be "one with

whom a nations at open war."  When the sovereign ruler of a state

declares war against another sovereign, it is understood the whole

nation declares war against that other nation.  All the subjects of

one are enemies to all the subjects of the other, and during the

existence of the war they continue enemies, in whatever country

they may happen to be, "and all persons residing within the

territory occupied by the belligerents, although they are in fact

foreigners, are liable to be treated as enemies."  Grinnan v.

Edwards, 21 W.Va. 347, 357, quoting Vatt. Law.Nat.bk. 3, c. 69-71

 

     So we find ourselves enemies in our own country and subjects

of a king that has conquered our land, with heavy taxation and no

possibility of fair representation.

 

     The government has, through the laws of forfeiture, taken

prize and booty for the king; under the Admiralty Law and Executive

powers as declared by the Law of the Flag.  None of which could

have been done with the built in protection contained in the true

Thirteenth Amendment, which has been kept from the American People.

The fraudulent Amendments and legislation that followed the Civil

War, bankrupted the American People and put the privateers

(banksters) in power, and enforced by the promise of prize and

booty to their partners in crime (government). 

 

The following is the definition of a tyrant.

     Webster's New Universal Unabridged Dictionary defines tyrant

as follows: "1. An absolute ruler; one who seized sovereignty

illegally; a usurper. 2. a cruel oppressive ruler; a despot. 3. one

who exercises his authority in an oppressive manner, a cruel

master."

 

     "When I see that the right and means of absolute command are

conferred on a people or upon a king, upon an aristocracy or a

democracy, a monarchy or republic, I recognize the germ of tyranny,

and I journey onwards to a land of more helpful institutions."

Alexis de Tocqueville, 1 DEMOCRACY IN AMERICA, at 250 [Arlington

House (1965)].

 

 

     So we pick up with paragraph 4, which describes the taxation

under Military Occupation and that you are under Executive control

and are bound under admiralty law by the contracts we enter,

including silent contracts and by Military Occupation. 

 

     Notice the last sentence in paragraph 5, Congress may

establish a temporary government, which is not subject to all the

restrictions of the Constitution.  See also Harvard Law Review -

the Insular Cases.  This means you do not have a Constitutional

government, you have a military dictatorship, controlled by the

President as Commander-in-Chief.  What is another way you can check

out what I am telling you?  Read the following quotes.

 

     "...[T]he United States may acquire territory by conquest or

by treaty, and may govern it through the exercise of the power of

Congress conferred by Section 3 of Article IV of the Constitu-

tion...

     In exercising this power, Congress is not subject to the same

constitutional limitations, as when it is legislating for the

United States.  ...And in general the guaranties of the Consti-

tution, save as they are limitations upon the exercise of executive

and legislative power when exerted for or over our insular

possessions, extend to them only as Congress, in the exercise of

its legislative power over territory belonging to the United

States,  has made those guarantees applicable."

     [Hooven & Allison & Co. vs Evatt, 324 U.S. 652 (1945)

 

     "The idea prevails with some indeed, it found expression in

arguments at the bar that we have in this country substantially or

practically two national governments;  one to be maintained under

the Constitution, with all its restrictions; the other to be

maintained by Congress outside and independently of that instru-

ment, by exercising such powers as other nations of the earth are

accustomed to exercise.

     I take leave to say that if the principles thus announced

should ever receive the sanction of a majority of this court, a

radical and mischievous change in our system of government will be

the result.  We will, in that event, pass from the era of constitu-

tional liberty guarded and protected by a written constitution into

an era of legislative absolutism.

     It will be an evil day for American liberty if the theory of

a government outside of the supreme law of the land finds lodgment

in our constitutional jurisprudence.  No higher duty rests upon

this court than to exert its full authority to prevent all

violation of the principles of the constitution."

     [Downes vs Bidwell, 182 U.S. 244 (1901)]

 

 

 

                       A Military Flag

 

 

     And to further confirm and understand the significance of what

I have told you, you need to understand the fringe on the United

States flag.  Read the following.

 

     First the appearance of our flag is defined in Title 4 sec. 1.

U.S.C..

     "The flag of the United States shall be thirteen horizontal

stripes, alternate red and white; and the union of the flag shall

be forty-eight stars, white in a blue field."  (my note - of course

when new states are admitted, new stars are added.)

     A foot note was added on page 1113 of the same section which

 

says: "Placing of fringe on the national flag, the dimensions of

the flag, and arrangement of the stars are matters of detail not

controlled by statute, but within the discretion of the President

as commander-in-chief of the Army and Navy." 1925, 34 Op.Atty.Gen.

483.

 

     The president, as military commander, can add a yellow fringe

to our flag.  When would this be done?  During time of war.  Why?

A flag with a fringe is an ensign, a military flag.  Read the

following.

 

     "Pursuant to U.S.C. Chapter 1, 2, and 3; Executive Order No.

10834, August 21, 1959, 24 F.R. 6865, a military flag is a flag

that resembles the regular flag of the United States, except that

it has a YELLOW FRINGE, bordered on three sides.  The President of

the United states designates this deviation from the regular flag,

by executive order, and in his capacity as COMMANDER-IN-CHIEF of

the Armed forces."

 

     From the National Encyclopedia, Volume 4:

     "Flag, an emblem of a nation; usually made of cloth and flown

from a staff.  From a military standpoint flags are of two general

classes, those flown from stationary masts over army posts, and

those carried by troops in formation.  The former are referred to

by the general name flags.  The latter are called colors when

carried by dismounted troops.  Colors and Standards are more nearly

square than flags and are made of silk with a knotted Fringe of

Yellow on three sides...use of the flag.  The most general and

appropriate use of the flag is as a symbol of authority and power."

 

     "...The agency of the master is devolved upon him by the law

of the flag.  The same law that confers his authority ascertains

its limits, and the flag at the mast-head is notice to all the

world of the extent of such power to bind the owners or freighters

by his act.  The foreigner who deals with this agent has notice of

that law, and, if he be bound by it, there is not injustice.  His

notice is the national flag which is hoisted on every sea and under

which the master sails into every port, and every circumstance that

connects him with the vessel isolates that vessel in the eyes of

the world, and demonstrates his relation to the owners and

freighters as their agent for a specific purpose and with power

well defined under the national maritime law." Bouvier's Law

Dictionary, 1914.

 

     Don't be thrown by the fact they are talking about the sea,

and that it doesn't apply to land. Admiralty law came on land in

1845 with the Act of 1845 by Congress.  Next a court case:

 

     "Pursuant to the "Law of the Flag", a military flag does

result in jurisdictional implication when flown.  The Plaintiff

cites the following: "Under what is called international law, the

law of the flag, a shipowner who sends his vessel into a foreign

port gives notice by his flag to all who enter into contracts with

the shipmaster that he intends the law of the flag to regulate

those contracts with the shipmaster that he either submit to its

operation or not contract with him or his agent at all." Ruhstrat

v. People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA 181, 76 AM.

     I have had debates with folks that take great issue with what

 

I have said, they dogmatically say the constitution is the law and

the government is outside the law.  I wish they were right, but

they fail to see or understand that the American people have been

conquered, unknowingly, but conquered all the same.  That is why a

judge will tell you not to bring the Constitution into his court,

or a law dictionary, because he is the law, not the Constitution.

     You have only to read the previous Senates report on National

Emergency, to understand the Constitution and our Constitutional

form of government no longer exists.

 

 

                        Further Evidence

                         Social Security

 

 

     I fail to understand how the American people could have been

so dumbed down as to not see that the Social Security system is

fraudulent and that it is based on socialism, which is the

redistribution of wealth, right out of the communist manifesto.

The Social Security system first, is fraud, it is insolvent and was

never intended to be.  It is used for a national identification

number, and a requirement to receive benefits from the conquers

(king).  The Social Security system is made to look and act like

insurance, all insurance is governed by admiralty law, which is the

kings way of binding those involved with commerce with him.

 

     "The Social Security system may be accurately described as a

form of Social Insurance, enacted pursuant to Congress' power to

"spend money in aid of the 'general welfare'," Helvering vs. Davis

[301 U.S., at 640]

 

     "My judgment accordingly is, that policies of insurance are

within... the admiralty and maritime jurisdiction of the United

States." Federal Judge Story, in DELOVIO VS. BOIT, 7 Federal Cases,

#3776, at page 444 (1815)

 

     You need to know and understand what contribution means in F.I

C. A., Federal Insurance Contribution Act.  Read the following

definition.

 

     Contribution.   Right of one who has discharged a common

liability to recover of another also liable, the aliquot portion

which he ought to pay or bear.  Under principle of "contribution,"

a tort-feasor against whom a judgement is rendered is entitled to

recover proportional shares of judgement from other joint tort-

feasor whose negligence contributed to the injury and who were also

liable to the plaintiff. (cite omitted)  The share of a loss

payable by an insure when contracts with two or more insurers cover

the same loss.  The insurer's share of a loss under a coinsurance

or similar provision.  The sharing of a loss or payment among

several.  The act of any one or several of a number of co-debtors,

co-sureties, etc., in reimbursing one of their number who has paid

the whole debt or suffered the whole liability, each to the extent

of his proportionate share. (Blacks Law Dictionary 6th ed.)

 

     Thereby making you obligated for the national debt.  The

Social Security system is one of the contractual nexus' between you

and the king.  Because you are involved in the kings commerce and

have asked voluntarily for his protection, you have accomplished

the following.  You have admitted that you are equally responsible

for having caused the national debt and that you are a wrong doer,

 

as defined by the above legal definition.  You have admitted to

being a Fourteenth Amendment citizen, who only has civil rights

granted by the king.  By being a Fourteenth Amendment citizen, you

have agreed that you do not have standing in court to question the

national debt.  Keep in mind this is beyond the status of our

country and people, which I covered earlier in this paper.  We are

in this system of law because of the conquest of our country.

 

     Congress has transferred its Constitutional obligation of

coining money to the federal reserve, the representatives of the

king, this began after the Civil War and the overturning of the

U.S. Constitution, as a result of CONGEST.  You have used this fiat

money without objection, which is a commercial benefit, supplied by

the kings bankers.  Fiat money has no real value, other than the

faith in it, and you CANNOT pay a debt with fiat money, because it

is a debt instrument.  A federal reserve note is a promise to pay

and is only evidence of debt.  The benefit you have received is you

are allowed to discharge your debt, which means you pass on

financial servitude to someone else.  The someone else is our

children.

 

     When you go to the grocery store and hand the clerk a fifty

dollar federal reserve note you have stolen the groceries and

passed fifty dollars of debt to the seller.  Americans try to

acquire as much of this fiat money as they can.  If Americans were

aware of this; it wouldn't matter to them, because they don't care

if the merchandise is stolen as long as it is legal.  But what

happens if the system fails?  Those with the most fiat money or

real property, which was obtained with fiat money will be forfeited

to the king, everything that was obtained with this fiat money

reverts back to the king temporary, I will explain in the

conclusion of this paper.  Because use of his fiat money is a

benefit, supplied by the king's bankers; it all transfers back to

the king.  The king's claim to the increase in this country comes

from the original Charter of 1606.  But, it is all hidden, black is

white and white is black, wealth is actually debt and financial

slavery.

 

     For those that do not have a Social Security number or think

they have rescinded it, you are no better off.  As far as the king

is concerned you are subject to him also.  Why?  Well, just to list

a couple of reasons other than conquest.  You use his money and as

I said before, this is discharging debt, without prosecution.  You

use the goods and services that were obtained by this fiat money,

to enrich your life style and sustain yourself.  You drive or

travel, which ever definition you want to use, on the king's

highways and roads for pleasure and to earn a living; meaning you

are involved in the king's commerce.  On top of these reasons which

are based on received benefits, this country HAS BEEN CONQUERED!

 

     I know a lot of patriots won't like this.  Your (our) argument

has been that the government has and is operating outside of the

law (United States Constitution).  Believe me I don't like sounding

like the devils advocate, but as far as international law goes; and

 

the laws that govern War between countries, the king/queen of

England rule this country, first by financial servitude and then by

actual Conquest and Military Occupation.  The Civil War was the

beginning of the Conquest, as evidenced by the Fourteenth

Amendment.  This Amendment did several things, as already

mentioned.  It created the only citizenship available to the

conquered and declared that these citizens had no standing in any

court to challenge the monetary policies of the new government.

Why?  So the king would always receive his gain from his Commercial

venture.  The Amendment also eliminated your use of natural rights

and gave the Conquered civil rights.  The Conquered are governed by

public policy, instead of Republic of self-government under God

Almighty.  Your argument that this can't be, is frivolous and

without merit, the evidence is conclusive. 

 

    

     Nothing has changed since before the Revolutionary War.

 

     All persons whose activities in King's Commerce are such that

they fall under this marine-like environment, are into an invisible

Admiralty Jurisdiction Contract.  Admiralty Jurisdiction is the

KING'S COMMERCE of the High Seas, and if the King is a party to the

sea-based Commerce (such as by the King having financed your ship,

or the ship is carrying the King's guns), then that Commerce is

properly governed by the special rules applicable to Admiralty

Jurisdiction.  But as for that slice of Commerce going on out on

the High Seas without the King as a party, that Commerce is called

Maritime Jurisdiction, and so Maritime is the private Commerce that

transpires in a marine environment.  At least, that distinction

between Admiralty and Maritime is the way things once were, but no

more.  George Mercier, Invisible Contracts, 1984.

 

     What Lincoln and Jefferson said about the true American danger

was very prophetic.

 

      "All the armies of Europe, Asia and Africa combined could

not, by force, take a drink from the Ohio, or make a track on the

Blue Ridge in a trial of a thousand years.  At what point then is

the approach of danger to be expected? I answer, if it ever reach

us it must spring up amongst us.  It cannot come from abroad.  If

destruction be our lot, we ourselves must be its author and

finisher. Abraham Lincoln

 

     "Our rulers will become corrupt, our people careless... the

time for fixing every essential right on a legal basis is [now]

while our rulers are honest, and ourselves united.  From the

conclusion of this war we shall be going downhill.  It will not

then be necessary to resort every moment to the people for support.

They will be forgotten, therefore, and their rights disregarded.

They will forget themselves, but in the sole faculty of making

money, and will never think of uniting to effect a due respect for

their rights.  The shackles, therefore, which shall not be knocked

off at the conclusion of this war, will remain on us long, will be

made heavier and heavier, till our rights shall revive or expire in

a convulsion. Thomas Jefferson

 

     Below are the political platforms of the Democrats and the

Republicans, as you can see there is no difference between the two,

 

plain socialism.  They are both leading America to a World

government, just as Cornwallis said, and that government will be

the British empire or promoted by the British.

 

     "We have built foundations for the security of those who are

faced with the hazards of unemployment and old age; for the

orphaned, the crippled, and the blind.  On the foundation of the

Social Security Act we are determined to erect a structure of

economic security for all our people, making sure that this benefit

shall keep step with the ever increasing capacity of America to

provide a high standard of living for all its citizens." DEMOCRATIC

PARTY PLATFORM OF 1936, at page 360, infra.

 

     "Real security will be possible only when our productive

capacity is sufficient to furnish a decent standard of living for

all American families and to provide a surplus for future needs and

contingencies.  For the attainment of that ultimate objective, we

look to the energy, self-reliance and character of our people, and

to our system of free enterprise.

     "Society has an obligation to promote the security of the

people, by affording some measure of protection against involuntary

unemployment and dependency in old age.  The NEW DEAL policies,

while purporting to provide social security, have, in fact,

endangered it.

     "We propose a system of old age security, based upon the

following principles:

          1.   We approve a PAY AS YOU GO policy, which requires of

each generation the support of the aged and the determination of

what is just and adequate.

          2.   Every American citizen over 65 should receive a

supplemental payment necessary to provide a minimum income

sufficient to protect him or her from want.

          3.   Each state and territory, upon complying with simple

and general minimum standards, should receive from the Federal

Government a graduated contribution in proportion to its own, up to

a fixed maximum.

          4.   To make this program consistent with sound fiscal

policy the Federal revenues for this purpose must be provided from

the proceeds of a direct tax widely distributed.  All will be

benefitted and all should contribute.

     "We propose to encourage adoption by the states and

territories of honest and practical measures for meeting the

problems of employment insurance.

     "The unemployment insurance and old age annuity of the present

Social Security Act are unworkable and deny benefits to about

two-thirds of our adult population, including professional men and

women and all engaged in agriculture and domestic service, and the

self-employed, while imposing heavy tax burdens upon all."

          -    REPUBLICAN PARTY PLATFORM OF 1936, at page 366.

Both PLATFORMS appear in NATIONAL PARTY PLATFORMS -- 1840 TO 1972;

compiled by Ronald Miller [University of Illinois Press, Urbana,

Illinois (1973)

 

 

                           CONCLUSION

 

     Jesus gave us the most profound warning and advise of all

time, Hosea 4:6 "My people are destroyed by a lack of knowledge."

This being our understanding and spiritual development in His Word.

When applied to the many facets of life, His Word exposes all of

 

life's pit falls.  Jesus Christ's Word covers all aspects of life.

 

     The working class during the 1700's were far more educated

than now, but this was still not enough to protect them from the

secret subterfuge practiced by the lawyers and bankers.  Only with

understanding of Jesus Christ's Word, can the evil application of

man's law be exposed and understood for what it is.  This is why

Jesus Christ also warned of the beguilement of the lawyers and the

deceit and deception they practice. 

 

     Another reason, the working class have been unable to

understand their enslavement, is because of the time spent working

for a living.  At wages supplied by the upper class, sufficient to

live and even prosper, but never enough to attain upper class

status.  This is basic class warfare.  This system is protected by

the upper class controlling public education, to limit and focus

the working class's knowledge, to maintain class separation. 

 

     What does this have to do with this paper?  Everything!  This

is the reason our upper class fore fathers submitted to the king in

the Treaty of 1783.  After this Treaty and up to the Civil War, the

working class were busy making this the greatest Country in the

history of the world.  You see they believed they were free, a

freeman will work much harder than a man that is subject or a

slave.  As a whole, the working class were not paying attention to

what the government was doing, including its Treaties and laws.

This allowed time for the banking procedures and laws to be put in

place over time, while the nation slept, so the nation could be

conquered during the Civil War.  The only way to regain this county

is with the re-education of the working class, so they can make

informed decisions and vote the mis-managers of our government out

of office.  We could then reverse the post Civil War socialist laws

and the one world government laws, that have been gradually put in

place since the Civil War.  Until the defeat of America is

recognized, victory will never be attainable.  Only through

reliance by faith on Jesus Christ and the teaching of His Kingdom

will we realize our freedom.  As I said earlier, just as this

Country has been conquered, when Jesus Christ returns he conquers

all nations and takes possession of His Kingdom and rules them with

a rod of iron (Rev. 11:15-18).  His right of ownership is enforced

by THE LAW, God Almighty.

 

The preceding 11214 words are not to be changed or altered in any

way, exept by permission of the author, James Montgomery.  I can be

reached through Knowledge is Freedom BBS.

 

     "...And to preserve their independence, we must not let our

rulers load us with perpetual debt.  We must make our election

between economy and liberty or profusion and servitude.  If we run

into such debts as that we must be taxed in our meat and in our

drink, in our necessaries and our comforts, in our labors and our

amusements, for our callings and our creeds, as the people of

England are, our people, like them, must come to labor sixteen

hours in the twenty-four, and give the earnings of fifteen of these

to the government for their debts and daily expenses; and the

 

sixteenth being insufficient to afford us bread, we must live, as

they now do, on oatmeal and potatoes; have not time to think, no

means of calling the mismanager's to account; but be glad to obtain

subsistence by hiring ourselves to rivet their chains on the necks

of our fellow sufferers..."

(Thomas Jefferson) THE MAKING OF AMERICA, p. 395

 

 

                            FOOTNOTES

 

 

Footnote 1

                        FIRST CHARTER OF VIRGINIA

                                  (1606)

 

          [This charter, granted by King James I. on April 10,

1606, to the oldest of the English colonies in America, is a

typical example of the documents issued by the British government,

authorizing

     "Adventurers" to establish plantations in the New world. The

name "Virginia" was at that time applied to all that part of North

America claimed by Great Britain.]

 

     I JAMES, by the Grace of God, King of England, Scotland,

France and Ireland, Defender of the Faith, &c. WHEREAS our loving

and well-disposed Subjects, Sir Thomas Gates, and Sir George

Somers, Knights, Richard Hackluit, Prebendary of Westminster, and

Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs.

William Parker, and George Popham, Gentlemen, and divers others of

our loving Subjects, have been humble Suitors unto us, that We

would vouchsafe unto them our License (authors footnote: remember

a license granted by the king is a privilege), to make Habitation,

Plantation, and to deduce a Colony of sundry of our People into

that Part of America, commonly called VIRGINIA, and other Parts and

Territories in America, either appertaining unto us, or which are

not now actually possessed by any Christian Prince or People,

situate, lying, and being all along the Sea Coasts, between four

and thirty Degrees of Northerly Latitude from the Equinoctial Line,

and five and forty Degrees of the same Latitude, and in the main

Land between the same four and thirty and five and forty Degrees,

and the Islands thereunto adjacent, or within one hundred Miles of

the Coasts thereof;

     II.  And to that End, and for the more speedy Accomplishment

of their said intended Plantation and Habitation there, are

desirous to divide themselves into two several Colonies and

Companies; The one consisting of certain Knights, Gentlemen,

Merchants, and other Adventurers, of our City of London and

elsewhere, which are, and from time to time shall be, joined unto

them, which do desire to begin their Plantation and Habitation in

some fit and convenient Place, between four and thirty and one and

forty Degrees of the said Latitude, along the Coasts of Virginia

and Coasts of America aforesaid; And the other consisting of sundry

Knights, Gentlemen, Merchants, and other Adventurers, of our Cities

of Bristol and Exeter, and of our Town of Plimouth, and of other

Places, which do join themselves unto that Colony, which do desire

to begin their Plantation and Habitation in some fit and convenient

Place, between eight and thirty Degrees and five and forty Degrees

of the said Latitude, all alongst the said Coast of Virginia and

America, as that Coast lyeth:

 

     III. We, greatly commending, and graciously accepting of,

their Desires for the Furtherance of so noble a Work, which may, by

the Providence of Almighty God, hereafter tend to the Glory of his

Divine Majesty, in propagating of Christian Religion to such

People, as yet live in Darkness and miserable Ignorance of the true

Knowledge and Worship of God, and may in time bring the Infidels

and Savages, living in those Parts, to human Civility, and to a

settled and quiet Government; DO, by these our Letters Patents,

graciously accept of, and agree to, their humble and well-intended

Desires;

     IV. And do therefore, for Us, our Heirs, and Successors, GRANT

and agree, that the said Sir Thomas Gates, Sir George Somers,

Richard Hackluit, and Edward-Maria Wingfield, Adventurers of and

for our City of London, and all such others, as are, or shall be,

joined unto them of that Colony, shall be called the first Colony;

And they shall and may begin their said first Plantation and

Habitation, at any Place upon the said Coast of Virginia or

America, where they shall think fit and convenient, between the

said four and thirty and one and forty Degrees of the said

Latitude; And that they shall have all the Lands, Woods, Soil,

Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters,

Fishings, Commodities, and Hereditaments, whatsoever, from the said

first Seat of their Plantation and Habitation by the Space of fifty

Miles of English Statute Measure, all along the said Coast of

Virginia and America, towards the West and South west, as the Coast

lyeth, with all the Islands within one hundred Miles directly over

against the same Sea Coast; And also all the Lands, Soil, Grounds,

Havens, Ports, Rivers, Mines, Minerals, Woods, Waters, Marshes,

Fishings, Commodities, and Hereditaments, whatsoever, from the said

Place of their first Plantation and Habitation for the space of

fifty like English Miles all alongst the said Coast of Virginia and

America, towards the East and Northeast, or towards the North, as

the Coast lyeth, together with all the Islands within one hundred

Miles, directly over against the said Sea Coast; And also all the

Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines,

Minerals, Marshes,Waters, Fishings, Commodities, and Hereditaments,

whatsoever, from the same fifty Miles every way on the Sea Coast,

directly into the main Land by the Space of one hundred like

English Miles; And shall and may inhabit and remain there; and

shall and may also build and fortify within any the same, for their

better Safeguard and Defence, according to their best Discretion,

and the Discretion of the Council of that Colony; And that no other

of our Subjects shall be permitted, or suffered, to plant or

inhabit behind, or on the Backside of them, towards the main Land,

without the Express License or Consent of the Council of that

Colony, thereunto in Writing first had and obtained.

     V. And we do likewise, for Us, our Heirs, and Successors, by

these Presents, GRANT and agree, that the said Thomas Hanham, and

Ralegh Gilbert, William Parker, and George Popham, and all others

of the Town of Plimouth in the County of Devon, or else-where,

 

which are, or shall be, joined unto them of that Colony, shall be

called the second Colony; And that they shall and may begin their

said Plantation and Seat of their first Abode and Habitation, at

any Place upon the said Coast of Virginia and America, where they

shall think fit and convenient, between eight and thirty Degrees of

the said Latitude, and five and forty Degrees of the same Latitude;

And that they shall have all the Lands, Soils, Grounds, Havens,

Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings,

Commodities, and Hereditaments, whatsoever from the first Seat of

their Plantation and Habitation by the Space of fifty like English

Miles as is aforesaid, all alongst the said Coast of Virginia and

America, towards the West and Southwest, or towards the South, as

the Coast lyeth, and all the Islands within one hundred Miles,

directly over against the said Sea Coast; And also all the Lands,

Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods,

Marshes, Waters, Fishings, Commodities, and Hereditaments,

whatsoever, from the said Place of their first Plantation and

Habitation for the Space of fifty like Miles, all amongst the said

Coast of Virginia and America, towards the East and Northeast, or

towards the North, as the Coast lyeth, and all the Islands also

within one hundred Miles directly over against the same Sea Coast;

And also all the Lands, Soils, Grounds, Havens, Ports, Rivers,

Woods, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and

Hereditaments, whatsoever, from the same fifty Miles every way on

the Sea Coast, directly into the main Land, by the Space of one

hundred like English Miles; And shall and may inhabit and remain

there; and shall and may also build and fortify within any the

same for their better Safeguard, according to their best

Discretion, and the Discretion of the Council of that Colony; And

that none of our Subjects shall be permitted, or suffered, to plant

or inhabit behind, or on the back of them, towards the main Land,

without the express License of the Council of that Colony, in

Writing thereunto first had and obtained.

     VI.  Provided always, and our Will and Pleasure herein is,

that the Plantation and Habitation of such of the said Colonies, as

shall last plant themselves, as aforesaid, shall not be made within

one hundred like English Miles of the other of them, that first

began to make their Plantation, as aforesaid.

     VII. And we do also ordain, establish, and agree, for Us, our

Heirs, and Successors, that each of the said Colonies shall have a

Council, which shall govern and order all Matters and Causes, which

shall arise, grow, or happen, to or within the same several

Colonies, according to such Laws, Ordinances, and Instructions, as

shall be, in that behalf, given and signed with Our Hand or Sign

Manual, and pass under the Privy Seal of our Realm of England; Each

of which Councils shall consist of thirteen Persons, to be

ordained, made, and removed, from time to time, according as shall

be directed, and comprised in the same instructions; And shall have

a several Seal, for all Matters that shall pass or concern the same

 

several Councils; Each of which Seals shall have the King's Arms

engraven on the one Side thereof, and his Portraiture on the other

And that the Seal for the Council of the said first Colony shall

have engraven round about, on the one side, these Words; Sigillum

Regis Magnae Britanniae, Franciae, & Hiberniae; on the other Side

this Inscription, round about; Pro Concilio primae Coloniae

Virginiae. And the seal for the Council of the said second Colony

shall also have engraven, round about the one Side thereof, the

aforesaid Words; Sigillum Regis Magnae, Britanniae, Franciae,

& Hiberniae; and on the other Side; Pro Concilio secundae Coloniae

Virginiae:

     VIII. And that also there shall be a Council established here

in England, which shall, in like Manner, consist of thirteen

Persons, to be, for that Purpose, appointed by Us, our Heirs and

Successors, which shall be called our Council of Virginia; And

shall, from time to time, have the superior Managing and Direction,

only of and for all Matters, that shall or may concern the

Government, as well of the said several Colonies, as of and for any

other Part or Place, within the aforesaid Precincts of four and

thirty and five and forty Degrees, above-mentioned; Which Council

shall, in like manner, have a Seal, for Matters concerning the

Council of Colonies, with the like Arms and Portraiture, as

aforesaid, with this Inscription, engraven round about on the one

Side; Sigillum Regis Magnae Britanniae, Franciae, & Hiberniae; and

round about the other side, Pro Concilio suo Virginiae.

     IX. And moreover, we do GRANT and agree, for Us, our Heirs and

Successors, that the said several Councils, of and for the said

several Colonies, shall and lawfully may, by Virtue hereof, from

time to time, without any Interruption of Us, our Heirs, or

Successors, give and take Order, to dig, mine, and search for all

Manner of Mines of Gold, Silver, and Copper, as well within any

part of their said several Colonies, as for the said main Lands on

the Back-side of the same Colonies; And to Have and enjoy the Gold,

Silver, and Copper, to be gotten thereof, to the Use and Behoof of

the same Colonies, and the Plantations thereof; YIELDING therefore,

to Us, our Heirs and Successors, the fifth Part only of all the

same Gold and Silver, and the fifteenth Part of all the same

Copper, so to be gotten or had, as is aforesaid, without any other

Manner or Profit or Account, to be given or yielded to Us, our

Heirs, or Successors, for or in Respect of the same:

     X. And that they shall, or lawfully may, establish and cause

to be made a Coin, to pass current there between the People of

those several Colonies, for the more Ease of Traffick and

Bargaining between and amongst them and the Natives there, of such

Metal, and in such Manner and Form, as the said several Councils

there shall limit and appoint.

     XI.  And we do likewise, for Us, our Heirs, and Successors, by

these Presents, give full Power and Authority to the said Sir

Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria

Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and

George Popham, and to every of them, and to the said several

 

Companies, Plantations, and Colonies, that they, and every of them,

shall and may, at all and every time and times hereafter, have,

take, and lead in the said Voyage, and for and towards the said

several Plantations and Colonies, and to travel thitherward, and

to abide and inhabit there, in every the said Colonies and

Plantations, such and so many of our Subjects, as shall willingly

accompany them, or any of them, in the said Voyages and

Plantations; With sufficient Shipping and Furniture of Armour,

Weapons, Ordinance, Powder, Victual, and all other things,

necessary for the said Plantations, and for their Use and Defence

there: PROVIDED always, that none of the said Persons be such, as

shall hereafter be specially restrained by Us, our Heirs, or

Successors.

     XII. Moreover, we do, by these Presents, for Us, our Heirs,

and Successors, GIVE AND GRANT License unto the said Sir Thomas

Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield,

Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham,

and to every of the said Colonies, that they, and every of them,

shall and may, from time to time, and at all times for ever

hereafter, for their several Defences, encounter, expulse, repel,

and resist, as well by Sea as by Land, by all Ways and Means

whatsoever, all and every such Person and Persons, as without the

especial License of the said several Colonies and Plantations,

shall attempt to inhabit within the said several Precincts and

Limits of the said several Colonies and Plantations, or any of

them, or that shall enterprise or attempt, at any time hereafter,

the Hurt, Detriment, or Annoyance, of the said several Colonies or

Plantations.

     XIII. Giving and granting, by these Presents, unto the said

Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria

Wingfield, and their Associates of the said first Colony, and unto

the said Thomas Hanham, Ralegh Gilbert, William Parker, and George

Popham, and their Associates of the said second Colony, and to

every of them, from time to time, and at all times for ever

hereafter, Power and Authority to take and surprise, by all Ways

and Means whatsoever, all and every Person and Persons, with their

Ships, Vessels, Goods and other Furniture, which shall be found

trafficking, into any Harbour or Harbours, Creek or Creeks, or

Place, within the Limits or Precincts of the said several Colonies

and Plantations, not being of the same Colony, until such time, as

they, being of any Realms or Dominions under our Obedience, shall

pay, or agree to pay, to the Hands of the Treasurer of that Colony,

within whose Limits and Precincts they shall so traffick, two and

a half upon every Hundred, of any thing, so by them trafficked,

bought, or sold; And being Strangers, and not Subjects under our

Obeysance, until they shall pay five upon every Hundred, of such

Wares and Merchandise, as they shall traffick, buy, or sell, within

the Precincts of the said several Colonies, wherein they shall so

traffick, buy, or sell, as aforesaid, WHICH Sums of Money, or

Benefit, as aforesaid, for and during the Space of one and twenty

Years, next ensuing the Date hereof, shall be wholly emploied to

 

the Use, Benefit, and Behoof of the said several Plantations, where

such Traffick shall be made; And after the said one and twenty

Years ended, the same shall be taken to the Use of Us, our Heirs,

and Successors, by such Officers and Ministers, as by Us, our

Heirs, and Successors, shall be thereunto assigned or appointed.

     XIV. And we do further, by these Presents, for Us, our Heirs,

and Successors, GIVE AND GRANT unto the said Sir Thomas Gates, Sir

George Somers, Richard Hackluit, and Edward-Maria Wingfield, and to

their Associates of the said first Colony and Plantation, and to

the said Thomas Hanham, Ralegh Gilbert, William Parker, and George

Popham, and their Associates of the said second Colony and

Plantation, that they, and every of them, by their Deputies,

Ministers and Factors, may transport the Goods, Chattels, Armour,

Munition, and Furniture, needful to be used by them, for their said

Apparel, Food, Defence, or otherwise in Respect of the said

Plantations, out of our Realms of England and Ireland, and all

other our Dominions, from time to time, for and during the Time of

seven Years, next ensuing the Date hereof, for the better Relief of

the said several Colonies and Plantations, without any Custom,

Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be

yielded or paid for the same.

 

     XV.  Also we do, for Us, our Heirs, and Successors, DECLARE,

by these Presents, that all and every the Persons, being our

Subjects, which shall dwell and inhabit within every or any of the

said several Colonies and Plantations, and every of their children,

which shall happen to be born within any of the Limits and

Precincts of the said several Colonies and Plantations, shall HAVE

and enjoy all Liberties, Franchises, and Immunities, within any of

our other Dominions, to all Intents and Purposes, as if they had

been abiding and born, within this our Realm of England, or any

other of our said Dominions.

     XVI. Moreover, our gracious Will and Pleasure is, and we do,

by these Presents, for Us, our Heirs, and Successors, declare and

set forth, that if any Person or Persons, which shall be of any of

the said Colonies and Plantations, or any other, which shall

traffick to the said Colonies and Plantations, or any of them,

shall, at any time or times hereafter, transport any Wares,

Merchandises, or Commodities, out of any of our Dominions, with a

Pretence to land, sell, or otherwise dispose of the same, within

any the Limits and Precincts of any the said Colonies and

Plantations, and yet nevertheless, being at Sea, or after he hath

landed the same within any of the said Colonies and Plantations,

shall carry the same into any other Foreign Country, with a Purpose

there to sell or dispose of the same, without the License of Us,

our Heirs, and Successors, in that Behalf first had and obtained;

That then, all the Goods and Chattels of such Person or Persons, so

offending and transporting, together with the said Ship or Vessel,

wherein such Transportation was made, shall be forfeited to Us, our

Heirs, and Successors.

     XVII. Provided always, and our Will and Pleasure is, and we do

hereby declare to all Christian Kings, Princes, and States, that if

 

any Person or Persons, which shall hereafter be of any of the said

several Colonies and Plantations, or any other, by his, their or

any of their License and Appointment, shall, at any time or times

hereafter, rob or spoil, by Sea or by Land, or do any Act of unjust

and unlawful Hostility, to any the Subjects of Us, our Heirs, or

Successors, or any the Subjects of any King, Prince, Ruler,

Governor, or State, being then in League or Amity with Us, our

Heirs, or Successors, and that upon such Injury, or upon just

Complaint of such Prince, Ruler, Governor, or State, or their

Subjects, We, our Heirs, or Successors, shall make open

Proclamation, within any of the Ports of our Realm of England,

commodious for that Purpose, That the said Person or Persons,

having committed any such Robbery or Spoil, shall, within the Term

to be limited by such Proclamations make full Restitution or

Satisfaction of all such Injuries done, so as the said Princes, or

others, so complaining, may hold themselves fully satisfied and

contented; And that, if the said Person or Persons, having

committed such Robbery or Spoil, shall not make, or cause to be

made, Satisfaction accordingly, within such Time so to be limited,

That then it shall be lawful to Us, our Heirs, and Successors, to

put the said Person or Persons, having committed such Robbery or

Spoil, and their Procurers, Abetters, or Comforters, out of our

Allegiance and Protection; And that it shall be lawful and free,

for all Princes and others, to pursue with Hostility the said

Offenders, and every of them, and their and every of their

Procurers, Aiders, Abetters, and Comforters, in that Behalf.

     XVIII. And finally, we do, for Us, our Heirs, and Successors,

GRANT and agree, to and with the said Sir Thomas Gates, Sir George

Somers, Richard Hackluit, and Edward-Maria Wingfield, and all

others of the said first Colony, that We, our Heirs, and

Successors, upon Petition in that Behalf to be made, shall, by

Letters-patent under the Great Seal of England, GIVE and GRANT unto

such Persons, their Heirs, and Assigns, as the Council of that

Colony, or the most Part of them, shall, for that Purpose nominate

and assign, all the Lands, Tenements, and Hereditaments, which

shall be within the Precincts limited for that Colony, as is

aforesaid, TO BE HOLDEN OF US, our Heirs, and Successors, as of our

Manor at East-Greenwich in the County of Kent, in free and common

Soccage only, and not in Capite:

     XIX. And do, in like Manner, Grant and Agree, for Us, our

Heirs, and Successors, to and with the said Thomas Hanham, Ralegh

Gilbert, William Parker, and George Popham, and all others of the

said second Colony, That We, our Heirs, and Successors, upon

Petition in that Behalf to be made, shall, by Letters-patent under

the Great Seal of England, GIVE and GRANT unto such Persons, their

Heirs, and Assigns, as the Council of that Colony, or the most Part

of them, shall, for that Purpose, nominate and assign, all the

Lands, Tenements, and Hereditaments, which shall be within the

Precincts limited for that Colony, as is aforesaid TO BE HOLDEN OF

US, our Heirs, and Successors, as of our Manour of East-Greenwich

 

in the County of Kent, in free and common Soccage only, and not in

Capite.

     XX.  All which Lands, Tenements, and Hereditaments, so to be

passed by the said several Letters-patent, shall be sufficient

Assurance from the said Patentees, so distributed and divided

amongst the Undertakers for the Plantation of the said several

Colonies, and such as shall make their Plantations in either of the

said several Colonies, in such Manner and Form, and for such

Estates, as shall be ordered and set down by the Council of the

said Colony, or the most Part of them, respectively, within which

the same Lands, Tenements, and Hereditaments shall lye or be;

Although express Mention of the true yearly Value or Certainty of

the Premises, or any of them, or of any other Gifts or Grants, by

Us or any of our Progenitors or Predecessors, to the aforesaid Sir

Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit,

Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William

Parker, and George Popham, or any of them, heretofore made, in

these Presents, is not made; Or any Statute, Act, Ordinance, or

Provision, Proclamation, or Restraint, to the contrary hereof had,

made, ordained, or any other Thing, Cause, or Matter whatsoever, in

any wise notwithstanding. In Witness whereof we have caused these

our Letters to be made Patents; Witness Ourself at Westminster, the

tenth Day of April, in the fourth Year of our Reign of England,

France, and Ireland, and of Scotland the nine and thirtieth.

 

 

Footnote 2

 

THE PARIS PEACE TREATY (PEACE TREATY of 1783): 

 

     In the name of the most holy and undivided Trinity. 

 

     It having pleased the Divine Providence to dispose the hearts

of the most serene and most potent Prince George the Third, by  

the grace of God, king of Great Britain, France, and Ireland,  

defender of the faith, duke of Brunswick and Lunebourg, arch- 

treasurer and prince elector of the Holy Roman Empire etc., and  

of the United States of America, to forget all past

misunderstandings and differences that have unhappily interrupted

the good correspondence and friendship which they mutually wish to

restore, and to establish such a beneficial and satisfactory

intercourse, between the two countries upon the ground of

reciprocal advantages and mutual convenience as may promote and

secure to both perpetual peace and harmony; and having for this

desirable end already laid the foundation of peace and

reconciliation by the Provisional Articles signed at Paris on the

30th of November 1782, by the commissioners empowered on each part,

which articles were agreed to be inserted in and constitute the

Treaty of Peace proposed to be concluded between the Crown of Great

Britain and the said United States, but which Treaty was not to be

concluded until terms of peace should be agreed upon between Great

Britain and France and his Britannic Majesty should be ready to

conclude such Treaty accordingly; and the Treaty between Great

Britain and France having since been concluded, his Britannic

Majesty and the United States of America, in order to carry into

full effect the Provisional Articles above mentioned, according to

 

the tenor thereof, have constituted and appointed, that is to say

his Britannic Majesty on his part, David Hartley, Esqr., member of

the Parliament of Great Britain, and the said United States on  

their part, John Adams, Esqr., late a commissioner of the United 

States of America at the court of Versailles, late delegate in  

Congress from the state of Massachusetts, and chief justice of  

the said state, and minister plenipotentiary of the said United  

States to their high mightinesses the States General of the  

United Netherlands; Benjamin Franklin, Esqr., late delegate in  

Congress from the state of Pennsylvania, president of the  

convention of the said state, and minister plenipotentiary from  

the United States of America at the court of Versailles; John  

Jay, Esqr., late president of Congress and chief justice of the  

state of New York, and minister plenipotentiary from the said  

United States at the court of Madrid; to be plenipotentiaries  

for the concluding and signing the present definitive Treaty;  

who after having reciprocally communicated their respective  

full powers have agreed upon and confirmed the following articles.

 

 

Article 1: 

 

     His Brittanic Majesty acknowledges the said United States,  

viz., New Hampshire, Massachusetts Bay, Rhode Island and  

Providence Plantations, Connecticut, New York, New Jersey,  

Pennsylvania, Maryland, Virginia, North Carolina, South Carolina 

and Georgia, to be free sovereign and independent states, that  

he treats with them as such, and for himself, his heirs, and  

successors, relinquishes all claims to the government, propriety,

and territorial rights of the same and every part thereof. 

 

Article 2: 

 

     And that all disputes which might arise in future on the  

subject of the boundaries of the said United States may be  

prevented, it is hereby agreed and declared, that the following  

are and shall be their boundaries, viz.; from the northwest  

angle of Nova Scotia, viz., that nagle which is formed by a line 

drawn due north from the source of St. Croix River to the  

highlands; 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 northwesternmost head 

of Connecticut River; thence down along the middle of that river 

to the forty-fifth degree of north latitude; from thence by a  

line due west on said latitude until it strikes the river  

Iroquois or Cataraquy; thence 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 between that lake and Lake Huron; thence  

along the middle of said water communication into Lake Huron,  

thence through the middle of said lake to the water communication

between that lake and Lake Superior; thence through Lake Superior

northward of the Isles Royal and Phelipeaux to the Long Lake;  

 

thence through the middle of said Long Lake and the water  

communication between it and the Lake of the Woods, to the said  

Lake of the Woods; thence through the said lake to the most  

northwesternmost point thereof, and from thence on a due west  

course to the river Mississippi; thence by a line to be drawn  

along the middle of the said river Mississippi until it shall  

intersect the northernmost part of the thirty-first degree of  

north latitude, South, by a line to be drawn due east from the  

determination of the line last mentioned in the latitude of  

thirty-one degrees of the equator, to the middle of the river  

Apalachicola or Catahouche; thence along the middle thereof to  

its junction with the Flint River, thence straight to the head  

of Saint Mary's River; and thence down along the middle of Saint 

Mary's River to the Atlantic Ocean; east, by a line to be drawn  

along the middle of the river Saint Croix, from its mouth in the 

Bay of Fundy to its source, and from its source directly north  

to the aforesaid highlands which divide the rivers that fall  

into the Atlantic Ocean from those which fall into the river  

Saint Lawrence; comprehending 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 the said  

province of Nova Scotia. 

 

Article 3: 

 

     It is agreed that the people of the United States shall  

continue to enjoy unmolested the right to take fish of every  

kind on the Grand Bank and on all the other banks of Newfoundland,

also in the Gulf of Saint Lawrence and at all other places in  

the sea, where the inhabitants of both countries used at any  

time heretofore to fish.  And also that the inhabitants of the  

United States shall have liberty to take fish of every kind on  

such part of the coast of Newfoundland as British fishermen shall

use, (but not to dry or cure the same on that island) and also  

on the coasts, bays and creeks of all other of his Brittanic  

Majesty's dominions in America; and that the American fishermen  

shall have liberty to dry and cure fish in any of the unsettled  

bays, harbors, and creeks of Nova Scotia, Magdalen Islands, and  

Labrador, so long as the same shall remain unsettled, but so soon

as the same or either of them shall be settled, it shall not be  

lawful for the said fishermen to dry or cure fish at such  

settlement without a previous agreement for that purpose with  

the inhabitants, proprietors, or possessors of the ground. 

 

Article 4: 

 

     It is agreed that creditors on either side shall meet with  

no lawful impediment to the recovery of the full value in sterling

money of all bona fide debts heretofore contracted. 

 

Article 5: 

 

     It is agreed that Congress shall earnestly recommend it to  

the legislatures of the respective states to provide for the  

 

restitution of all estates, rights, and properties, which have  

been confiscated belonging to real British subjects; and also  

of the estates, rights, and properties of persons resident in  

districts in the possession on his Majesty's arms and who have  

not borne arms against the said United States.  And that persons 

of any other description shall have free liberty to go to any part

or parts of any of the thirteen United States and therein to  

remain twelve months unmolested in their endeavors to obtain the 

restitution of such of their estates, rights, and properties as  

may have been confiscated; and that Congress shall also earnestly

recommend to the several states a reconsideration and revision  

of all acts or laws regarding the premises, so as to render the  

said laws or acts perfectly consistent not only with justice and 

equity but with that spirit of conciliation which on the return  

of the blessings of peace should universally prevail.  And that  

Congress shall also earnestly recommend to the several states  

that the estates, rights, and properties, of such last mentioned 

persons shall be restored to them, they refunding to any persons 

who may be now in possession the bona fide price (where any has  

been given) which such persons may have paid on purchasing any  

of the said lands, rights, or properties since the confiscation. 

 

     And it is agreed that all persons who have any interest in  

confiscated lands, either by debts, marriage settlements, or  

otherwise, shall meet with no lawful impediment in the prosecution

of their just rights. 

 

Article 6: 

 

     That there shall be no future confiscations made nor any  

prosecutions commenced against any person or persons for, or by  

reason of, the part which he or they may have taken in the present

war, and that no person shall on that account suffer any future  

loss or damage, either in his person, liberty, or property; and  

that those who may be in confinement on such charges at the time 

of the ratification of the Treaty in America shall be immediately

set at liberty, and the prosecutions so commenced be discontinued.

 

 

Article 7: 

 

     There shall be a firm and perpetual peace between his  

Brittanic Majesty and the said states, and between the subjects  

of the one and the citizens of the other, wherefore all hostilities

both by sea and land shall from henceforth cease.  All prisoners 

on both sides shall be set at liberty, and his Brittanic Majesty 

shall with all convenient speed, and without causing any  

destruction, or carrying away any Negroes or other property of  

the American inhabitants, withdraw all his armies, garrisons, and

fleets from the said United States, and from every post, place,  

and harbor within the same; leaving in all fortifications, the  

American artilery that may be therein; and shall also order and  

cause all archives, records, deeds, and papers belonging to any  

of the said states, or their citizens, which in the course of  

the war may have fallen into the hands of his officers, to be  

forthwith restored and delivered to the proper states and  

 

persons to whom they belong. 

 

Article 8: 

 

     The navigation of the river Mississippi, from its source  

to the ocean, shall forever remain free and open to the subjects 

of Great Britain and the citizens of the United States. 

 

Article 9: 

 

     In case it should so happen that any place or territory  

belonging to Great Britain or to the United States should have  

been conquered by the arms of either from the other before the  

arrival of the said Provisional Articles in America, it is  

agreed that the same shall be restored without difficulty and  

without requiring any compensation. 

 

Article 10: 

 

     The solemn ratifications of the present Treaty expedited in 

good and due form shall be exchanged between the contracting  

parties in the space of six months or sooner, if possible, to  

be computed from the day of the signatures of the present Treaty.

In witness whereof we the undersigned, their ministers  

plenipotentiary, have in their name and in virtue of our full  

powers, signed with our hands the present definitive Treaty and  

caused the seals of our arms to be affixed thereto. 

 

     Done at Paris, this third day of September in the year of  

our Lord, one thousand seven hundred and eighty-three. 

 

D. HARTLEY     (SEAL) 

JOHN ADAMS     (SEAL) 

B. FRANKLIN    (SEAL) 

JOHN JAY       (SEAL) 

 

Source: United States, Department of State, "Treaties and Other  

International Agreements of the United States of America,  

1776-1949", vol 12, pp8-12 

 

 

Footnote 3

 

 

ARTICLES OF CAPITULATION (1781)

 

 

Settled between his Excellency General Washington,

Commander-in-Chief of the combined Forces of America and France;

his Excellency the Count de Rochambeau, Lieutenant-General of the

Armies of the King of France, Great Cross of the royal and military

Order of St. Louis, commanding the auxiliary troops of his Most

Christian Majesty in America; and his Excellency the Count de

Grasse, Lieutenant-General of the Naval Armies of his Most

Christian Majesty, Commander of the Order of St. Louis,

Commander-in-Chief of the Naval Army of France in the Chesapeake,

on the one Part; and the Right Honorable Earl Cornwallis,

Lieutenant-General of his Britannic Majesty's Forces, commanding

the Garrisons of York and Gloucester; and Thomas Symonds, Esquire,

commanding his Britannic Majesty's Naval Forces in York River in

Virginia, on the other Part.

 

Article I. The garrisons of York and Gloucester, including the

officers and seamen of his Britannic Majesty's ships, as well as

other mariners, to surrender themselves prisoners of war to the

combined forces of America and France. The land troops to remain

prisoners to the United States, the navy to the naval army of his

Most Christian Majesty.

 

Article II. The artillery, arms, accoutrements, military chest, and

public stores of every denomination, shall be delivered unimpaired

to the heads of departments appointed to receive them.

 

Article III. At twelve o'clock this day the two redoubts on the

left flank of York to be delivered, the one to a detachment of

American infantry, the other to a detachment of French grenadiers.

 

The garrison of York will march out to a place to be appointed in

front of the posts, at two o'clock precisely, with shouldered arms,

colors cased, and drums beating a British or German march. They are

then to ground their arms, and return to their encampments, where

they will remain until they are despatched to the places of their

destination. Two works on the Gloucester side will be delivered at

one o'clock to a detachment of French and American troops appointed

to possess them. The garrison will march out at three o'clock in

the afternoon; the cavalry with their swords drawn, trumpets

sounding, and the infantry in the manner prescribed for the

garrison of York. They are likewise to return to their encampments

until they can be finally marched off.

 

Article IV. Officers are to retain their side-arms. Both officers

and soldiers to keep their private property of every kind; and no

part of their baggage or papers to be at any time subject to search

or inspection. The baggage and papers of officers and soldiers

taken during the siege to be likewise preserved for them.

It is understood that any property obviously belonging to the

inhabitants of these States, in the possession of the garrison,

shall be subject to be reclaimed.

 

Article V. The soldiers to be kept in Virginia, Maryland, or

Pennsylvania, and as much by regiments as possible, and supplied

with the same rations of provisions as are allowed to soldiers in

the service of America. A field-officer from each nation, to wit,

British, Anspach, and Hessian, and other officers on parole, in the

proportion of one to fifty men to be allowed to reside near their

respective regiments, to visit them frequently, and be witnesses of

their treatment; and that their officers may receive and deliver

clothing and other necessaries for them, for which passports are to

be granted when applied for.

 

Article VI. The general, staff, and other officers not employed as

mentioned in the above articles, and who choose it, to be permitted

to go on parole to Europe, to New York, or to any other American

maritime posts at present in the possession of the British forces,

at their own option; and proper vessels to be granted by the Count

de Grasse to carry them under flags of truce to New York within ten

days from this date, if possible, and they to reside in a district

to be agreed upon hereafter, until they embark. The officers of the

civil department of the army and navy to be included in this

article. Passports to go by land to be granted to those to whom

vessels cannot be furnished.

 

Article VII. Officers to be allowed to keep soldiers as servants,

according to the common practice of the service. Servants not

soldiers are not to be considered as prisoners, and are to be

allowed to attend their masters.

 

Article VIII. The Bonetta sloop-of-war to be equipped, and

navigated by its present captain and crew, and left entirely at the

disposal of Lord Cornwallis from the hour that the capitulation is

signed, to receive an aid-de-camp to carry despatches to Sir Henry

Clinton; and such soldiers as he may think proper to send to New

York, to be permitted to sail without examination. When his

 

despatches are ready, his Lordship engages on his part, that the

ship shall be delivered to the order of the Count de Grasse, if she

escapes the dangers of the sea. That she shall not carry off any

public stores. Any part of the crew that may be deficient on her

return, and the soldiers passengers, to be accounted for on her

delivery.

 

Article X. The traders are to preserve their property, and to be

allowed three months to dispose of or remove them; and those

traders are not to be considered as prisoners of war.

The traders will be allowed to dispose of their effects, the allied

army having the right of preemption. The traders to be considered

as prisoners of war upon parole.

 

Article X. Natives or inhabitants of different parts of this

country, at present in York or Gloucester, are not to be punished

on account of having joined the British army.

This article cannot be assented to, being altogether of civil

resort.

 

Article XI. Proper hospitals to be furnished for the sick and

wounded. They are to be attended by their own surgeons on parole;

and they are to be furnished with medicines and stores from the

American hospitals.

The hospital stores now at York and Gloucester shall be delivered

for the use of the British sick and wounded. Passports will be

granted for procuring them further supplies from New York, as

occasion may require; and proper hospitals will be furnished for

the reception of the sick and wounded of the two garrisons.

 

Article XII. Wagons to be furnished to carry the baggage of the

officers attending the soldiers, and to surgeons when travelling on

account of the sick, attending the hospitals at public expense.

They are to be furnished if possible.

 

Article XIII. The shipping and boats in the two harbours, with all

their stores, guns, tackling, and apparel, shall be delivered up in

their present state to an officer of the navy appointed to take

possession of them, previously unloading the private property, part

of which had been on board for security during the siege.

 

Article XIV. No article of capitulation to be infringed on pretence

of reprisals; and if there be any doubtful expressions in it, they

are to be interpreted according to the common meaning and

acceptation of the words.

 

Done at Yorktown, in Virginia, October 19th, 178l.

 

Cornwallis, Thomas Symonds.

 

Done in the Trenches before Yorktown, in Virginia, October 19th,

1781.

 

George Washington, Le Comte de Rochambeau,

 

Le Comte de Barras, En mon nom & celui du Comte de Grasse.

 

 

 

Footnote 4

 

     Though the debate on this subject was continued till two

o'clock in the morning, and though the opposition received

additional strength, yet the question was not carried.  The same

ground of argument was soon gone over again, and the American war

underwent, for the fourth time since the beginning of the session,

a full discussion; but no resolution, disapproving its farther

prosecution, could yet obtain the assent of a majority of the

members.  The advocates for peace becoming daily more numerous, it

was moved by Gen. Conway that "a humble address be presented to his

Majesty, that he will be pleased to give directions to his

 

ministers not to pursue any longer the impracticable object of

reducing his Majesty's revolted colonies by force to their

allegiance, by a war on the continent of America."  This brought

forth a repetition of the former arguments on the subject, and

engaged the attention of the house till two o'clock in the morning.

On a division, the motion for the address was lost by a single

vote...

     The ministry as well as the nation began to be sensible of the

impolicy of continental operations, but hoped that they might gain

their point, by prosecuting hostilities at sea.  Every opposition

was therefore made by them against the total dereliction (i.e.,

abandonment) of a war, on the success of which they had so

repeatedly pledged themselves, and on the continuance of which they

held their places.  General Conway in five days after (Feb. 27),

brought forward another motion expressed in different words, but to

the same effect with that which he had lost be a single vote.  This

caused a long debate which lasted till two o'clock in the morning.

It was then moved to adjourn the debate till the 13th of March.

There appeared for the adjournment 215 and against it 234.

     The original motion, and an address to the King formed upon

the resolution were then carried without division, and the address

was ordered to be presented by the whole house.

     To this his majesty answered, "that in pursuance of their

advice, he would take such measures as should appear to him the

most conducive to the restoration of harmony, between Great Britain

and the revolted colonies."  The thanks of the house were voted for

this answer.  But the guarded language thereof, not inconsistent

with farther hostilities against America; together with other

suspicious circumstances, induced General Conway to move another

resolution, expressed in the most decisive language.  This was to

the following effect that, "The house would consider as enemies to

his majesty and the country, all those who should advise or by any

means attempt the further prosecution of offensive war, on the

continent of North America, for the purpose of reducing the

colonies to obedience by force."  This motion after a feeble

opposition was carried without a division, and put a period to all

that chicanery by which ministers meant to distinguish between a

prosecution of offensive war in North America, and a total

dereliction of it.  This resolution and the preceding address, to

which it had reference, may be considered as the closing scene of

the American war (emphasis added).

     The History of the American Revolution, Vol. 2, Ramsay, 617-9.

 

     Footnote 5

 

     The Jay Treaty

Treaty of Amity Commerce and Navigation Concluded November 19,

1794; ratification advised by the senate with amendment June 24,

1795; ratified by the President; ratifications exchanged October

28, 1795; proclaimed February 29, 1796.

I. Amity. Discrimination on vessels, imports, etc.

II. Withdrawal of forces; vessels, imports, etc. Consuls.

III. Commerce and navigation; duties. Capture or detention of

neutrals

IV. Survey of the Mississippi. Contraband.

V. St. Croix River XIX. Officers passengers

 

VI. Indemnification by on neutrals. United States. XX. Pirates.

VII. Indemnification by Great XXI. Commission from foreign Britain.

states.

VIII. Expenses. XXII. Reprisals.

IX. Land tenures. XXIII. Ships of war.

X. Private debts, etc. XXIV. Foreign privateers.

XI. Liberty of navigation XXV. Prizes. and commerce. XXVI.

Reciprocal treatment

XII. West India trade; duties. of citizens in war.

XIII. East India trade; duties. XXVII. Extradition.

XIV. Commerce and Navigation. XXVIII. Limitation of Article XII:

ratification.

 

     His Britannic Majesty and the United States of America, being

desirous, by a Treaty of amity, commerce and navigation, to

terminate their difference in such a manner, as, without reference

to the merits of their respective complaints and pretentions, may

be the best calculated to produce mutual satisfaction and good

understanding; and also to regulate the commerce and navigation

between their respective countries, territories and people, in such

a manner as to render the same reciprocally beneficial and

satisfactory; they have, respectively, named their

Plenipotentiaries, and given them full powers to treat of, and

conclude the said Treaty, that is to say:

 

     His Britannic Majesty has named for his Plenipotentiary, the

Right Honorable William Wyndham Baron Grenville of Wotton, one of

His Majesty's Privy Council, and His Majesty's Principal Secretary

of State for Foreign Affairs; and the President of the said United

States, by and with the advice and consent of the Senate thereof,

hath appointed for their Plenipotentiary, the Honorable John Jay,

Chief Justice of the said United States, and their Envoy

Extraordinary to His Majesty;

 

     Who have agreed on and concluded the following articles:

ARTICLE I.

 

     There shall be a firm, inviolable and universal peace, and a

true and sincere friendship between His Britannic Majesty, his

heirs and successors, and the United States of America; and between

their respective countries, territories, cities, towns and people

of every degree, without exception of persons or places.

 

ARTICLE II.

 

     His Majesty will withdraw all his troops and garrisons from

all posts and places within the boundary lines assigned by the

Treaty of peace to the United States. This evacuation shall take

place on or before the first day of June, one thousand seven

hundred and ninety six, and all the proper measures shall in the

interval be taken by concert between the Government of the United

States and His Majesty's Governor-General in America for settling

the previous arrangements which may be necessary respecting the

delivery of the said posts: The United States in the mean time, at

their discretion, extending their settlements to any part within

the said boundary line, except within the precincts or jurisdiction

of any of the said posts. All settlers and traders, within the

precincts or jurisdiction of the said posts, shall continue to

enjoy, unmolested, all their property of every kind, and shall be

protected therein. They shall be at full liberty to remain there,

or to remove with all or any part of their effects; and it shall

also be free to them to sell their lands, houses or effects, or to

 

retain the property thereof, at their discretion; such of them as

shall continue to reside within the said boundary lines, shall not

be compelled to become citizens of the United States, or to take

any oath of allegiance to the Government thereof; but they shall be

at full liberty so to do if they think proper, and they shall make

and declare their election within one year after the evacuation

aforesaid. And all persons who shall continue there after the

expiration of the said year, without having declared their

intention of remaining subjects of His Britannic Majesty, shall be

considered as having elected to become citizens of the United

States.

 

ARTICLE III.

 

     It is agreed that it shall at all times be free to His

Majesty's subjects, and to the citizens of the United States, and

also to the Indians dwelling on either side of the said boundary

line, freely to pass and repass by land or inland navigation, into

the respective territories and countries of the two parties, on the

continent of America, (the country within the limits of the

Hudson's Bay Company only excepted.) and to navigate all the lakes,

rivers and waters thereof, and freely to carry on trade and

commerce with each other. But it is understood that this article

does not extend to the admission of vessels of the United States

into the seaports, harbours, bays or creeks of His Majesty's said

territories; nor into such parts of the rivers in His Majesty's

said territories as are between the mouth thereof, and the highest

port of entry from the sea, except in small vessels trading bona

fide between Montreal and Quebec, under such regulations as shall

be established to prevent the possibility of any frauds in this

respect. Nor to the admission of British vessels from the sea into

the rivers of the United States, beyond the highest ports of entry

for foreign vessels from the sea. The river Mississippi shall,

however, according to the Treaty of peace, be entirely open to both

parties; and it is further agreed, that all the ports and places on

its eastern side, to whichsoever of the parties belonging, may

freely be resorted to and used by both parties, in as ample a

manner as any of the Atlantic ports or places of the United States,

or any of the ports or places of His Majesty in Great Britain.

 

     All goods and merchandize whose importation into His Majesty's

said territories in America shall not be entirely prohibited, may

freely, for the purposes of commerce, be carried into the same in

the manner aforesaid, by the citizens of the United States, and

such goods and merchandize shall be subject to no higher or other

duties than would be payable by His Majesty's subjects on the

importation of the same from Europe into the said territories. And

in like manner all goods and merchandize whose importation into the

United States shall not be wholly prohibited, may freely, for the

purposes of commerce, be carried into the same, in the manner

aforesaid, by His Majesty's subjects, and such goods and

merchandize shall be subject to no higher or other duties than

would be payable by the citizens of the United States on the

importation of the same in American vessels into the Atlantic ports

 

of the said States. And all goods not prohibited to be exported

from the said territories respectively, may in like manner be

carried out of the same by the two parties respectively, paying

duty as aforesaid.

 

     No duty of entry shall ever be levied by either party on

peltries brought by land or inland navigation into the said

territories respectively, nor shall the Indians passing or

repassing with their own proper goods and effects of whatever

nature, pay for the same any impost or duty whatever. But goods in

bales, or other large packages, unusual among Indians, shall not be

considered as goods belonging bona fide to Indians.

 

     No higher or other tolls or rates of ferriage than what are or

shall be payable by natives, shall be demanded on either side; and

no duties shall be payable on any goods which shall merely be

carried over any of the portages or carrying places on either side,

for the purpose of being immediately reembarked and carried to some

other place or places. But as by this stipulation it is only meant

to secure to each party a free passage across the portages on both

sides, it is agreed that this exemption from duty shall extend only

to such goods as are carried in the usual and direct road across

the portage, and are not attempted to be in any manner sold or

exchanged during their passage across the same, and proper

regulations may be established to prevent the possibility of any

frauds in this respect.

 

     As this article is intended to render in a great degree the

local advantages of each party common to both, and thereby to

promote a disposition favorable to friendship and good

neighborhood, it is agreed that the respective Governments will

mutually promote this amicable intercourse, by causing speedy and

impartial justice to be done, and necessary protection to be

extended to all who may be concerned therein.

 

ARTICLE IV.

 

     Whereas it is uncertain whether the river Mississippi extends

so far to the northward as to be intersected by a line to be drawn

due west from the Lake of the Woods, in the manner mentioned in the

Treaty of peace between His Majesty and the United States: it is

agreed that measures shall be taken in concert between His

Majesty's Government in America and the Government of the United

States, for making a joint survey of the said river from one degree

of latitude below the falls of St. Anthony, to the principal source

or sources of the said river, and also of the parts adjacent

thereto; and that if, on the result of such survey, it should

appear that the said river would not be intersected by such a line

as is above mentioned, the two parties will thereupon proceed, by

amicable negotiation, to regulate the boundary line in that

quarter, as well as all other points to be adjusted between the

said parties, according to justice and mutual convenience, and in

conformity to the intent of the said Treaty.

 

ARTICLE V.

 

     Whereas doubts have arisen what river was truly intended under

the name of the river St. Croix, mentioned in the said Treaty of

peace, and forming a part of the boundary therein described; that

question shall be referred to the final decision of commissioners

 

to be appointed in the following manner. viz.:

     One commissioner shall be named by His 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 shall agree

on the choice of a third; or if they cannot so agree, they shall

each propose one person, and of the two names so proposed, one

shall be drawn by lot in the presence of the two original

Commissioners.

 

     And the three Commissioners so appointed shall be sworn,

impartially to examine and decide the said question, according to

such evidence as shall respectively be laid before them on the part

of the British Government and of the United States. The said

Commissioners shall meet at Halifax, and shall have power to

adjourn to such other place or places as they shall think fit. They

shall have power to appoint a Secretary, and to employ such

surveyors or other persons as they shall judge necessary. The said

Commissioners shall, by a declaration, under their hands and seals,

decide what river is the river St. Croix, intended by the Treaty.

The said declaration shall contain a description of the said river,

and shall particularize the latitude and longitude of its mouth and

of its source. Duplicates of this declaration and of the statements

of their accounts, and of the journal of their proceedings, shall

be delivered by them to the agent of His Majesty, and to the agent

of the United States, who may be respectively appointed and

authorized to manage the business on behalf of the respective

Governments.

     And both parties agree to consider such decision as final and

conclusive, so as that the same shall never thereafter be called

into question, or made the subject of dispute or difference between

them.

 

ARTICLE VI.

 

     Whereas it is alleged by divers British merchants and others

His Majesty's subjects, that debts, to a considerable amount, which

were bona fide contracted before the peace, still remain owing to

them by citizens or inhabitants of the United States, 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 value and security thereof have been, in several instances,

impaired and lessened, so that, by the ordinary course of judicial

proceedings, the British creditors cannot now obtain, and actually

have and receive full and adequate compensation for the losses and

damages which they have thereby sustained: It is agreed, that in

all such cases, where full compensation for such losses and damages

cannot, for whatever reason, be actually obtained, had and received

by the said creditors in the ordinary course of justice, the United

States will make full and complete compensation for the same to the

said creditors: But it is distinctly understood, that this

provision is to extend to such losses only as have been occasioned

by the lawful impediments aforesaid, and is not to extend to losses

occasioned by such insolvency of the debtors or other causes as

would equally have operated to produce such loss, if the said

impediments had not existed; nor to such losses or damages as have

 

been occasioned by the manifest delay or negligence, or wilful

omission of the claimant.

 

     For the purpose of ascertaining the amount of any such losses

and damages, five Commissioners shall be appointed and authorized

to meet and act in manner following, viz.: Two of them shall be

appointed by His Majesty, two of them by the President of the

United States by and with the advice and consent of the Senate

thereof, and the fifth by the unanimous voice of the other four;

and if they should not agree in such choice, then the Commissioners

named by the two parties shall respectively propose one person, and

of the two names so proposed, one shall be drawn by lot, in the

presence of the four original Commissioners. When the five

Commissioners thus appointed shall first meet, they shall, before

they proceed to act, respectively take the following oath, or

affirmation, in the presence of each other; which oath, or

affirmation, being so taken and duly attested, shall be entered on

the record of their proceedings, viz.: I, A. B., one of the

Commissioners appointed in pursuance of the sixth article of the

Treaty of Amity, Commerce and Navigation, between His Britannic

Majesty and the United States of America, do solemnly swear (or

affirm) that I will honestly, diligently, impartially and carefully

examine, and to the best of my judgment, according to justice and

equity, decide all such complaints, as under the said article shall

be preferred to the said Commissioners: and that I will forbear to

act as a Commissioner, in any case in which I may be personally

interested.

 

     Three of the said Commissioners shall constitute a board, and

shall have power to do any act appertaining to the said Commission,

provided that one of the Commissioners named on each side, and the

fifth Commissioner shall be present, and all decisions shall be

made by the majority of the voices of the Commissioners than

present. Eighteen months from the day on which the said

Commissioners shall form a board, and be ready to proceed to

business, are assigned for receiving complaints and applications;

but they are nevertheless authorized, in any particular cases in

which it shall appear to them to be reasonable and just, to extend

the said term of eighteen months for any term not exceeding six

months, after the expiration thereof. The said Commissioners shall

first meet at Philadelphia, but they shall have power to adjourn

from place to place as they shall see cause.

 

     The said Commissioners in examining the complaints and

applications so preferred to them, are empowered and required in

pursuance of the true intent and meaning of this article to take

into their consideration all claims, whether of principal or

interest, or balances of principal and interest and to determine

the same respectively, 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 have power to examine all such persons as shall

come before them on oath or affirmation, touching the premises; and

also to receive in evidence, according as they may think most

 

consistent with equity and justice, all written depositions, or

books, or papers, or copies, or extracts thereof, every such

deposition, book, or paper, or copy, or extract, being duly

authenticated either according to the legal form now respectively

existing in the two countries, or in such other manner as the said

Commissioners shall see cause to require or allow.

 

     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 creditor or claimant; and the United States undertake to

cause the sum so awarded to be paid in specie to such creditor or

claimant without deduction; and at such time or times and at such

place or places, as shall be awarded by the said Commissioners; and

on condition of such releases or assignments to be given by the

creditor or claimant, as by the said Commissioners may be directed:

Provided always, that no such payment shall be fixed by the said

Commissioners to take place sooner than twelve months from the day

of the exchange of the ratifications of this Treaty.

 

ARTICLE VII.

 

     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 losses and damage, by reason of irregular or illegal

captures or condemnations of their vessels and other property,

under color of authority or commissions from His Majesty, and that

from various circumstances belonging to the said cases, adequate

compensation for the losses and damages so sustained cannot now be

actually obtained, had, and received by the ordinary course of

judicial proceedings; it is agreed, that in all such cases, where

adequate compensation cannot, for whatever reason, be now actually

obtained, had, and received by the said merchants and others, in

the ordinary course of justice, full and complete compensation for

the same will be made by the British Government to the said

complainants.

     But it is distinctly understood that this provision is not to

extend to such losses or damages as have been occasioned by the

manifest delay or negligence, or wilful omission of the claimant.

 

     That for the purpose of ascertaining the amount of any such

losses and damages, five Commissioners shall be appointed and

authorized to act in London, exactly in the manner directed with

respect to those mentioned in the preceding article, and after

having taken the same oath or affirmation, (mutatis mutandis,) the

same term of eighteen months is also assigned for the reception of

claims, and they are in like manner authorized to extend the same

in particular cases. They shall receive testimony, books, papers

and evidence in the same latitude, and exercise the like discretion

and powers respecting that subject; and shall decide the claims in

question according to the merits of the several cases, and to

justice, equity and the laws of nations. The award of the said

Commissioners, or any such three of them as aforesaid, shall in

all cases be final and conclusive, both as to the justice of the

 

claim, and the amount of the sum to be paid to the claimant; and

His Britannic Majesty undertakes to cause the same to be paid to

such claimant in specie, without any deduction, at such place or

places, and at such time or times, as shall be awarded by the said

Commissioners, and on condition of such releases or assignments to

be given by the claimant, as by the said Commissioners may be

directed.

 

     And whereas certain merchants and others, His Majesty s

subjects, complain that, in the course of the war, they have

sustained loss and damage by reason of the capture of their vessels

and merchandise, taken within the limits and jurisdiction of the

States and brought into the ports of the same, or taken by vessels

originally armed in ports of the said States:

 

     It is agreed that in all such cases where restitution shall

not have been made agreeably to the tenor of the letter from Mr.

Jefferson to Mr. Hammond, dated at Philadelphia, September 5, 1793,

a copy of which is annexed to this Treaty; the complaints of the

parties shall be and hereby are referred to the Commissioners to be

appointed by virtue of this article, who are hereby authorized and

required to proceed in the like manner relative to these as to the

other cases committed to them; and the United States undertake to

pay to the complainants or claimants in specie, without deduction,

the amount of such sums as shall be awarded to them respectively

by the said Commissioners, and at the times and places which in

such awards shall be specified; and on condition of such releases

or assignments to be given by the claimants as in the said awards

may be directed: And it is further agreed, that not only the now

existing cases of both descriptions, but also all such as shall

exist at the time of exchanging the ratifications of this Treaty,

shall be considered as being within the provisions, intent and

meaning of this article.

 

ARTICLE VIII.

 

     It is further agreed that the Commissioners mentioned in this

and in the two preceding articles shall be respectively paid in

such manner as shall be agreed between the two 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 jointly by the two parties, the

same being previously ascertained and allowed by the majority of

the Commissioners.

     And in the case of death, sickness 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 Commissioners shall take the same oath or affirmation and do

the same duties.

 

ARTICLE IX.

 

     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 the dominions of His Majesty, shall continue to hold

them according to the nature and tenure of their respective estates

and titles therein; and may grant, sell or devise the same 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.

 

ARTICLE X.

 

     Neither the debts due from individuals of the one nation to

individuals of the other, nor shares, nor 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

confiscated, it being 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.

 

ARTICLE XI.

 

     It is agreed between His Majesty and the United States of

America, that there shall be a reciprocal and entirely perfect

liberty of navigation and commerce between their respective people,

in the manner, under the limitations, and on the conditions

specified in the following articles.

 

ARTICLE XII.

 

     His Majesty consents that it shall and may be lawful, during

the time hereinafter limited, for the citizens of the United States

to carry to any of His Majesty's islands and ports in the West

Indies from the United States, in their own vessels, not being

above the burthen of seventy tons, any goods or merchandizes, being

of the growth, manufacture or produce of the said States, which it

is or may be lawful to carry to the said islands or ports from the

said States in British vessels; and that the said American vessels

shall be subject there to no other or higher tonnage duties or

charges than shall be payable by British vessels in the ports of

the United States; and that the cargoes of the said American

vessels shall be subject there to no other or higher duties or

charges than shall be payable on the like articles if imported

there from the said States in British vessels.

 

     And His Majesty also consents that it shall be lawful for 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, manufacture or produce of

the said islands, as may now by law be carried from thence to the

said States in British vessels, and subject only to the same duties

and charges on exportation, to which British vessels and their

cargoes are or shall be subject in similar circumstances.

 

     Provided always, that the said American vessels do carry and

land their cargoes in the United States only, it being expressly

agreed and declared that, during the continuance of this article,

the United States will prohibit and restrain the carrying any

molasses, sugar, coffee, cocoa or cotton 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 seastores

excepted.

     Provided, also, that it shall and may be lawful, during the

same period, for British vessels to import from the said islands

into the United States, and to export from the United States to the

said islands, all articles whatever, being of the growth, produce

or manufacture of the said islands, or of the United States

 

respectively, which now may, by the laws of the said States, be so

imported and exported. And that the cargoes of the said British

vessels shall be subject to no other or higher duties or charges,

than shall be payable on the same articles if so imported or

exported in American vessels.

 

     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 Majesty is now engaged; and

also for two years from and after the date of the signature of the

preliminary or other 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 endeavour further to

regulate

their commerce in this respect, according to the situation in which

His Majesty may then find himself with respect to the West Indies,

and with a view to such arrangements as may best conduce to the

mutual advantage and extension of commerce. And the said parties

will then also renew their discussions, and endeavour to agree,

whether in any and what cases, neutral vessels shall protect

enemy's property; and in what cases provisions and other articles,

not generally contraband, may become such. But in the mean time,

their conduct towards each other in these respects shall be

regulated by the articles hereinafter inserted on those subjects.

 

ARTICLE XIII.

 

     His Majesty consents that the vessels belonging to the

citizens of the United States of America shall be admitted and

hospitably received in all the seaports and harbors of the British

territories in the East Indies. And that the citizens of the said

United States may freely carry on a trade between the said

territories and the said United States, in all articles of which

the importation or exportation respectively, to or from the said

territories, shall not be entirely prohibited. Provided only, that

it shall not be lawful for them in any time of war between the

British Government and any other Power or State whatever, to export

from the said territories, without the special permission of the

British Government there, any military stores, or naval stores, or

rice. The citizens of the United States shall pay for their vessels

when admitted into the said ports no other or higher tonnage duty

than shall be payable on British vessels when admitted into the

ports of the United States. And they shall pay no other or higher

duties or charges, on the importation or exportation of the cargoes

of the said vessels, than shall be payable on the same articles

when imported or exported in British vessels. But it is expressly

agreed that the vessels of the United States shall not carry any of

the articles exported by them from the said British territories to

any port or place, except to some port or place in America, where

the same shall be unladen and such regulations shall be adopted by

both parties as shall from time to time be found necessary to

enforce the due and faithful observance of this stipulation.

     It is also understood that the permission granted by this

article is not to extend to allow the vessels of the United States

 

to carry on any part of the coasting trade of the said British

territories; but vessels going with their original cargoes, or part

thereof, from one port of discharge to another, are not to be

considered as carrying on the coasting trade. Neither is this

article to be construed to allow the citizens of the said States to

settle or reside within the said territories, or to go into the

interior parts thereof, without the permission of the British

Government established there; and if any transgression should be

attempted against the regulations of the British Government in this

respect, the observance of the same shall and may be enforced

against the citizens of America in the same manner as against

British subjects or others transgressing the same rule. And the

citizens of the United States, whenever they arrive in any port or

harbour in the said territories, or if they should be permitted, in

manner aforesaid, to go to any other place therein, shall always be

subject to the laws, government and jurisdiction of what nature

established in such harbor, port pr place, according as the same

may be. The citizens of the United States may also touch for

refreshment at the island of St. Helena, but subject in all

respects to such regulations as the British Government may from

time to time establish there.

 

ARTICLE XIV.

 

     There shall be between all the dominions of His Majesty in

Europe and the territories of the United States a reciprocal and

perfect liberty of commerce and navigation. The people and

inhabitants of the two countries, respectively, shall have liberty

freely and securely, and without hindrance and molestation, to come

with their ships and cargoes to the lands, countries, cities,

ports, places and rivers within the dominions and territories

aforesaid, to enter into the same, to resort there, and to remain

and reside there, without any limitation of time. Also to hire and

possess houses and warehouses for the purposes of their commerce,

and generally 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 laws and

statutes of the two countries respectively.

 

ARTICLE XV.

 

     It is agreed that no other or high duties shall be paid by the

ships or merchandise of the one party in the ports of the other

than such as are paid by the like vessels or merchandize of all

other nations. Nor shall any other or higher duty be imposed in one

country on the importation of any articles the growth, produce or

manufacture of the other, than are or shall be payable on the

importation of the like articles being of the growth, produce or

manufacture of any other foreign country. Nor shall any prohibition

be imposed on the exportation or importation of any articles to or

from the territories of the two parties respectively, which shall

not equally extend to all other nations.

 

     But the British Government reserves to itself the right of

imposing on American vessels entering into the British ports in

Europe a tonnage duty equal to that which shall be payable by

British vessels in the ports of America; and also such duty as may

 

be adequate to countervail the difference of duty now payable on

the importation of European and Asiatic goods, when imported into

the United States in British or in American vessels

 

     The two parties agree to treat for the more exact equalization

of the duties on the respective navigation of their subjects and

people, in such manner as may be most beneficial to the two

countries.

     The arrangements for this purpose shall be made at the same

time with those mentioned at the conclusion of the twelfth article

of this Treaty, and are to be considered as a part thereof. In the

interval it is agreed that the United States will not impose any

new or additional tonnage duties on British vessels, nor increase

the nowsubsisting difference between the duties payable on the

importation of any articles in British or in American vessels.

 

ARTICLE XVI.

 

     It shall be free for the two contracting parties,

respectively, to appoint Consuls for the protection of trade, to

reside in the dominions and territories aforesaid; and the said

Consuls shall enjoy those liberties and rights which belong to them

by reason of their function. But before any Consul shall act as

such, he shall be in the usual forms approved and admitted by the

party to whom he is sent; and it is hereby declared to be lawful

and proper that, in case of illegal or improper conduct towards the

laws or Government, a Consul may either be punished according to

law, if the laws will reach the case, or be dismissed, or even sent

back, the offended Government assigning to the other their reasons

for the same.

 

     Either of the parties may except from the residence of Consuls

such particular places as such party shall judge proper to be so

excepted.

 

ARTICLE XVII.

 

     It is agreed that in all cases where vessels shall be captured

or detained on just suspicion of having on board enemy's property,

or of carrying to the enemy any of the articles which are

contraband of war, the said vessels shall be brought to the nearest

or most convenient port; and if any property of an enemy should be

found on board such vessel, that part only which belongs to the

enemy shall be made prize, and the vessel shall be at liberty to

proceed with the remainder without any impediment. And it is agreed

that all proper measures shall be taken to prevent delay in

deciding the cases of ships or cargoes 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.

 

ARTICLE XVIII.

 

     In order to regulate what is in future to be esteemed

contraband of war, it is agreed that under the said denomination

shall be comprised all arms and implements serving for the purposes

of war, by land or sea, such as cannon, muskets, mortars, petards,

bombs, grenades, carcasses, saucisses, carriages for cannon,

musketrests, bandoliers, gunpowder, match, saltpetre, ball, pikes,

swords, headpieces, cuirasses, halberts, lances, javelins,

horsefurniture, holsters, belts, and generally all other implements

of war, as also timber for shipbuilding, tar or rozin, copper in

sheets, sails, hemp, and cordage, and generally whatever may serve

 

directly to the equipment of vessels, unwrought iron and fir planks

only excepted, and all the above articles are hereby declared to be

just objects of confiscation whenever they are attempted to be

carried to an enemy.

 

     And whereas the difficulty of agreeing on the precise cases in

which alone provisions and other articles not generally contraband

may be regarded as such, renders it expedient to provide against

the inconveniences and misunderstandings which might thence arise:

It is further agreed that whenever any such articles so becoming

contraband, according to the existing laws of nations, shall for

that reason be seized, the same shall not be confiscated, but the

owners thereof shall be speedily and completely indemnified; and

the captors, or, in their default, the Government under whose

authority they act, shall pay to the masters or owners of such

vessels the full value of all such articles, with a reasonable

mercantile profit thereon, together with the freight, and also the

demurrage incident to such detention.

 

     And whereas it frequently happens that vessels sail for a port

or place belonging to an enemy without knowing that the same is

either besieged, blockaded or invested, it is agreed that every

vessel so circumstanced may be turned away from such port or place;

but she shall not be detained, nor her cargo, if not contraband, be

confiscated, unless after notice she shall again attempt to enter,

but she shall be permitted to go to any other port or place she may

think proper; nor shall any vessel or goods of either party that

may have entered into such port or place before the same was

besieged, blockaded, or invested by the other, and be found

thereinafter the reduction or surrender of such place, be liable to

confiscation, but shall be restored to the owners or proprietors

there.

 

ARTICLE XIX.

 

     And that more abundant care may be taken for the security of

the respective subjects and citizens of the contracting parties,

and to prevent their suffering injuries by the menofwar, or

privateers of either party, all commanders of ships of war and

privateers, and all others the said subjects and citizens, shall

forbear doing any damage to those of the other party or committing

any outrage against them, and if they act to the contrary they

shall be punished, and shall also be bound in their persons and

estates to make satisfaction and reparation for all damages, and

the interest thereof, of whatever nature the said damages may be.

 

     For this cause, all commanders of privateers, before they

receive their commissions, shall hereafter be obliged to give,

before a competent judge, sufficient security by at least two

responsible sureties, who have no interest in the said privateer,

each of whom, together with the said commander, shall be jointly

and severally bound in the sum of fifteen hundred pounds sterling,

or, if such ships be provided with above one hundred and fifty

seamen or soldiers, in the sum of three thousand pounds sterling,

to satisfy all damages and injuries which the said privateer, or

her officers or men, or any of them, may do or commit during their

 

cruise contrary to the tenor of this Treaty, or to the laws and

instructions for regulating their conduct; and further, that in all

cases of aggressions the said commissions shall be revoked and

annulled.

 

     It is also agreed that whenever a judge of a court of

admiralty of either of the parties shall pronounce sentence against

any vessel or goods or property belonging to the subjects or

citizens of the other party, a formal and duly authenticated copy

of all the proceedings in the cause, and of the said sentence,

shall, if required, be delivered to the commander of the said

vessel, without the smallest delay, he paying all legal fees and

demands for the same.

 

ARTICLE XX.

 

     It is further agreed that both the said contracting parties

shall not only refuse to receive any pirates into any of their

ports, havens or towns, or permit any of their inhabitants to

receive, protect, harbor, conceal or assist them in any manner, but

will bring to condign punishment all such inhabitants as shall be

guilty of such acts or offences.

 

     And all their ships, with the goods or merchandizes taken by

them and brought into the port of either of the said parties, shall

be seized as far as they can be discovered, and shall be restored

to the owners, or their factors or agents, duly deputed and

authorized in writing by them (proper evidence being first given in

the court of admiralty for proving the property) even in case such

effects should have passed into other hands by sale, if it be

proved that the buyers knew or had good reason to believe or

suspect that they had been piratically taken.

 

ARTICLE XXI.

 

     It is likewise agreed that the subjects and citizens of the

two nations shall not do any acts of hostility or violence against

each other, nor accept commissions or instructions so to act from

any foreign Prince or State, enemies to the other party; nor shall

the enemies of one of the parties be permitted to invite, or

endeavor to enlist in their military service, any of the subjects

or citizens of the other party; and the laws against all such

offences and aggressions shall be punctually executed. And if any

subject or citizen of the said parties respectively shall accept

any foreign commission or letters of marque for arming any vessel

to act as a privateer against the other party, and be taken by the

other party, it is hereby declared to be lawful for the said party

to treat and punish the said subject or citizen having such

commission or letters of marque as a pirate.

 

ARTICLE XXII.

 

     It is expressly stipulated that neither of the said

contracting parties will order or authorize any acts of reprisal

against the other, on complaints of injuries or damages, until the

said party shall first have presented to the other a statement

thereof, verified by competent proof and evidence, and demanded

justice and satisfaction, and the same shall either have been

refused or unreasonably delayed.

 

ARTICLE XXIII.

 

     The ships of war of each of the contracting parties shall, at

all times, be hospitably received in the ports of the other, their

officers and crews paying due respect to the laws and Government of

 

the country. The officers shall be treated with that respect which

is due to the commissions which they bear, and if any insult should

be offered to them by any of the inhabitants, all offenders in this

respect shall be punished as disturbers of the peace and amity

between the two countries. And His Majesty consents that in case an

American vessel should, by stress of weather, danger from enemies,

or other misfortune, be reduced to the necessity of seeking shelter

in any of His Majesty's ports, into which such vessel could not in

ordinary cases claim to be admitted, she shall, on manifesting that

necessity to the satisfaction of the Government of the place, be

hospitably received, and be permitted to refit and to purchase at

the market price such necessaries as she may stand in need of,

conformably to such orders and regulations at the Government of the

place, having respect to the circumstances of each case, shall

prescribe. She shall not be allowed to break bulk or unload her

cargo, unless the same should be bona fide necessary to her being

refitted. Nor shall be permitted to sell any part of her cargo,

unless so much only as may be necessary to defray her expences, and

then not without the express permission of the Government of the

place. Nor shall she be obliged to pay any duties whatever, except

only on such articles as she may be permitted to sell for the

purpose aforesaid.

 

ARTICLE XXIV.

 

     It shall not be lawful for any foreign privateers (not being

subjects or citizens of either of the said parties) who have

commissions from any other Prince or State in enmity with either

nation to arm their ships in the ports of either of the said

parties, nor to sell what they have taken, nor in any other manner

to exchange the same; nor shall they be allowed to purchase more

provisions than shall be necessary for their going to the nearest

port of that Prince or State from whom they obtained their

commissions.

 

ARTICLE XXV.

 

     It shall be lawful for the ships of war and privateers

belonging to the said parties respectively to carry whithersoever

they please the ships and goods taken from their enemies, without

being obliged to pay any fee to the officers of the admiralty, or

to any judges whatever; nor shall the said prizes, when they arrive

at and enter the ports of the said parties, be detained or seized,

neither shall the searchers or other officers of those places visit

such prizes, (except for the purpose of preventing the carrying of

any of the cargo thereof on shore in any manner contrary to the

established laws of revenue, navigation, or commerce,) nor shall

such officers take cognizance of the validity of such prizes; but

they shall be at liberty to hoist sail and depart as speedily as

may be, and carry their said prizes to the place mentioned in their

commissions or patents, which the commanders of the said ships of

war or privateers shall be obliged to show. No shelter or refuge

shall be given in their ports to such as have made a prize upon the

subjects or citizens of either of the said parties; but if forced

by stress of weather, or the dangers of the sea, to enter therein,

 

particular care shall be taken to hasten their departure, and to

cause them to retire as soon as possible. Nothing in this Treaty

contained shall, however, be construed or operate contrary to

former and existing public treaties with other sovereigns or

States. But the two parties agree that while they continue in amity

neither of them will in future make any treaty that shall be

inconsistent with this or the preceding article.

 

     Neither of the said parties shall permit the ships or goods

belonging to the subjects or citizens of the other to be taken

within cannon shot of the coast, nor in any of the bays, ports or

rivers of their territories, by ships of war or others having

commission from any Prince, Republic or State whatever. But in case

it should so happen, the party whose territorial rights shall thus

have been violated shall use his utmost endeavors to obtain from

the offending party full and ample satisfaction for the vessel or

vessels so taken, whether the same be vessels of war or merchant

vessels.

 

ARTICLE XXVI.

 

     If at any time a rupture should take place (which God forbid)

between His Majesty and the United States, and merchants and others

of each of the two nations residing in the dominions of the other

shall have the privilege of remaining and continuing their trade,

so long as they behave peaceably and commit no offence against the

laws; and in case their conduct should render them suspected, and

the respective Governments should think proper to order them to

remove, the term of twelve months from the publication of the order

shall be allowed them for that purpose, to remove with their

families, effects and property, but this favor shall not be

extended to those who shall act contrary to the established laws;

and for greater certainty, it is declared that such rupture shall

not be deemed to exist while negociations for accommodating

differences shall be depending, nor until the respective

Ambassadors or Ministers, if such there shall be, shall be recalled

or sent home on account of such differences, and not on account of

personal misconduct, according to the nature and degrees of which

both parties retain their rights, either to request the recall, or

immediately to send home the Ambassador or Minister of the other,

and that without prejudice to their mutual friendship and good

understanding.

 

ARTICLE XXVII.

 

     It is further agreed that His Majesty and the United States,

on mutual requisitions, by them respectively, or by their

respective Ministers or officers authorized to make the same, will

deliver up to justice all persons who, being charged with murder or

forgery, committed within the jurisdiction of either, shall seek an

asylum within any of the countries of the other, provided that this

shall only be done on such evidence of criminality as, according to

the laws of the place, where the fugitive or person so charged

shall be found, would justify his apprehension and commitment for

trial, if the offence had there been committed. The expence of such

apprehension and delivery shall be borne and defrayed by those who

made the requisition and receive the fugitive.

 

 

ARTICLE XXVIII.

 

     It is agreed that the first ten articles of this Treaty shall

be permanent, and that the subsequent articles, except the twelfth,

shall be limited in their duration to twelve years, to be computed

from the day on which the ratifications of this Treaty shall be

exchanged, but subject to this condition. That whereas the said

twelfth article will expire by the limitation therein contained, at

the end of two years from the signing of the preliminary or other

articles of peace, which shall terminate the present war in which

His Majesty is engaged, it is agreed that proper measures shall by

concert be taken for bringing the subject of that article into

amicable Treaty and discussion, so early before the expiration of

the said term as that new arrangements on that head may by that

time be perfected and ready to take place. But if it should

unfortunately happen that His Majesty and the United States should

not be able to agree on such new arrangements, in that case all the

articles of this Treaty, except the first ten, shall then cease and

expire together.

 

     Lastly. This Treaty, when the same shall have been ratified by

His Majesty and by the President of the United States, by and with

the advice and consent of their Senate, and the respective

ratifications mutually exchanged, shall be binding and obligatory

on His Majesty and on the said States, and shall be by them

respectively executed and observed with punctuality and the most

sincere regard to good faith; and whereas it will be expedient, in

order the better to facilitate intercourse and obviate

difficulties, that other articles be proposed and added to this

Treaty, which articles, from want of time and other circumstances,

cannot now be perfected, it is agreed that the said parties will,

from time to time, readily treat of and concerning such articles,

and will sincerely endeavor so to form them as that they may

conduce to mutual convenience and tend to promote mutual

satisfaction and friendship; and that the said articles, after

having been duly ratified, shall be added to and make a part of

this Treaty. In faith whereof we, the undersigned Ministers

Plenipotentiary of His Majesty the King of Great Britain and the

United States of America, have singed this present Treaty, and have

caused to be affixed thereto the seal of our arms.

 

     Done at London this nineteenth day of November, one thousand

seven hundred and ninetyfour.

 

(SEAL.) GRENVILLE.

 

(SEAL.) JOHN JAY.

---

 

 

Letter from Thomas Jefferson to George Hammond.

 

PHILADELPHIA, September 5, 1793.

 

Sir: I am honored with yours of August 30. Mine of the 7th of that

month assured you that measures were taken for excluding from all

further asylum in our ports vessels armed in them to cruise on

nations with which we are at peace, and for the restoration of the

prizes the Lovely Lass, Prince William Henry, and the Jane of

Dublin; and that should the measures for restitution fail in their

effect, the President considered it as incumbent on the United

States to make compensation for the vessels.

 

 

     We are bound by our treaties with three of the belligerent

nations, by all the means in our power, to protect and defend their

vessels and effects in our ports, or waters, or on the seas near

our shores, and to recover and restore the same to the right owners

when taken from them. If all the means in our power are used, and

fail in their effect, we are not bound by our treaties with those

nations to make compensation.

 

     Though we have no similar treaty with Great Britain, it was

the opinion of the President that we should use towards that nation

the same rule which, under this article, was to govern us with the

other nations; and even to extend it to captures made on the high

seas and brought into our ports f done by vessels which had been

armed within them.

 

     Having, for particular reasons, forbore to use all the means

in our power for the restitution of the three vessels mentioned in

my letter of August 7th, the President thought it incumbent on the

United States to make compensation for them; and though nothing was

said in that letter of other vessels taken under like

circumstances, and brought in after the 5th of June, and before the

date of that letter, yet when the same forbearance had taken place,

it was and is his opinion, that compensation would be equally due.

 

     As to prizes made under the same circumstances, and brought in

after the date of that letter, the President determined that all

the means in our power should be used for their restitution. If

these fail, as we should not be bound by our treaties to make

compensation to the other Powers in the analogous case, he did not

mean to give an opinion that it ought to be done to Great Britain.

But still, if any cases shall arise subsequent to that date, the

circumstances of which shall place them on similar ground with

those before it, the President would think compensation equally

incumbent on the United States.

 

     Instructions are given to the Governors of the different

States to use all the means in their power for restoring prizes of

this last description found within their ports. Though they will,

of course, take measures to be infomed of them, and the General

Government has given them the aid of the customhouse officers for

this purpose, yet you will be sensible of the importance of

multiplying the channels of their infomation as far as shall

depend on yourself, or any person under your direction, or order

that the Governors may use the means in their power for making

restitution.

 

     Without knowledge of the capture they cannot restore it. It

will always be best to give the notice to them directly; but any

infomation which you shall be pleased to send to me also, at any

time, shall be forwarded to them as quickly as distance will

permit.

 

     Hence you will perceive, sir, that the President contemplates

restitution or compensation in the case before the 7th of August;

and after that date, restitution if it can be effected by any means

in our power. And that it will be important that you should

substantiate the fact that such prizes are in our ports or waters.

 

 

     Your list of the privateers illicitly armed in our ports is,

I believe, correct.

 

     With respect to losses by detention, waste, spoilation

sustained by vessels taken as before mentioned, between the dates

of June 5th and August 7th, it is proposed as a provisional measure

that the Collector of the Customs of the district, and the British

Consul, or any other person you please, shall appoint persons to

establish the value of the vessel and cargo at the time of her

capture and of her arrival in the port into which she is brought,

according to their value in that port. If this shall be agreeable

to you, and you will be pleased to signify it to me, with the names

of the prizes understood to be of this description, instructions

will be given accordingly to the Collector of the Customs where

the respective vessels are.

 

     I have the honor to be, &c., TH: JEFFERSON. GEO: HAMMOND,

Esq.

 

ADDITIONAL ARTICLE.

 

     It is further agreed, between the said contracting parties,

that the operation of so much of the twelfth article of the said

Treaty as respects the trade which his said Majesty thereby

consents may be carried on between the United States and his

islands in the West Indies, in the manner and on the terms and

conditions therein specified, shall be suspended.

 

1796.

 

EXPLANATORY ARTICLE TO THE THIRD ARTICLE OF THE TREATY OF

NOVEMBER 19, 1794, RESPECTING THE LIBERTY TO PASS AND REPASS THE

BORDERS AND TO CARRY ON TRADE AND COMMERCE.

 

     Concluded May 4, 1796; Ratification advised by Senate May 9,

1796.

 

     Whereas by the third article of the Treaty of amity, commerce

and navigation, concluded at London on the nineteenth day of

November, one thousand seven hundred and ninetyfour, between His

Britannic Majesty and the United States of America, it was agreed

that is should at all times be free to His Majesty's subjects and

to the citizens of the United States, and also to the Indians

dwelling on either side of the boundary line, assigned by the

Treaty of peace to the United States, freely to pass and repass, by

land or inland navigation, into the respective territories and

countries of the two contracting parties, on the continent of

America, (the country within the limits of the Hudson's Bay Company

only excepted,) and to navigate all the lakes, rivers, and waters

thereof, and freely to carry on trade and commerce with each other,

subject to the provisions and limitations contained in the said

article: And whereas by the eighth article of the Treaty of peace

and friendship concluded at Greenville on the third day of August,

one thousand seven hundred and ninety-five, between the United

States and the nations or tribes of Indians called the Wyandots,

Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel

River, Weeas, Kickapoos, Piankashaws, and Kaskaskias, it was

stipulated that no person should be permitted to reside at any of

the towns or the hunting camps of the said Indian tribes, as a

trader, who is not furnished with a licence for that purpose under

the authority of the United States: Which latter stipulation has

excited doubts, whether in its operation it may not interfere with

 

the due execution of the third article of the Treaty of amity,

commerce and navigation: And it being the sincere desire of His

Britannic Majesty and of the United States that this point should

be so explained as to remove all doubts and promote mutual

satisfaction and friendship: And for this purpose His Britannic

Majesty having named for his Commissioner, Phineas Bond, Esquire,

His Majesty's ConsulGeneral for the Middle and Southern States of

America, (and now His Majesty's Chargé d'Affaires to the

United States,) and the President of the United States having named

for their Commissioner, Timothy Pickering, Esquire, Secretary of

State of the United States, to whom, agreeably to the laws of the

United States, he has intrusted this negotiation: They, the said

Commissioners, having communicated to each other their full powers,

have, in virtue of the same, and conformably to the spirit of the

last article of the said Treaty of amity, commerce and navigation,

entered into this explanatory article, and do by these presents

explicitly agree and declare, that no stipulations in any treaty

subsequently concluded by either of the contracting parties with

any other State or nation, or with any Indian tribe, can be

understood to derogate in any manner from the rights of free

intercourse and commerce, secured by the aforesaid third article of

the Treaty of amity, commerce and navigation, to the subjects of

his Majesty and to the citizens of the United States, and to the

Indians dwelling on either side of the boundary line aforesaid; but

that all the said persons shall remain at full liberty freely to

pass and repass, by land or inland navigation, into the respective

territories and countries of the contracting parties, on either

side of the said boundary line, and freely to carry on trade and

commerce with each other, according to the stipulations of the said

third article of the Treaty of amity, commerce and navigation.

 

     This explanatory article, when the same shall have been

ratified by His Majesty and by the President of the United States,

by and with the advice and consent of their Senate, and the

respective ratifications mutually exchanged, shall be added to and

make a part of the said Treaty of amity commerce and navigation,

and shall be permanently binding upon His Majesty and the United

States.

 

     In witness whereof we, the said Commissioners of His Majesty

the King of Great Britain and the United States of America, have

signed this present explanatory article, and thereto affixed our

seals.

     Done at Philadelphia this fourth day of May, in the year of

our Lord one thousand seven hundred and ninetysix.

 

(SEAL.) P. BOND. (SEAL.) TIMOTHY PICKERING.

 

1798.

 

EXPLANATORY ARTICLE TO THE TREATY OF NOVEMBER 19, 1794, RELEASING

THE COMMISSIONERS UNDER THE FIFTH ARTICLE FROM PARTICULARIZING

THE LATITUDE AND LONGITUDE OF THE RIVER ST. CROIX.

 

     Concluded March 15, 1798; Ratification advised by Senate June

5, 1798.

 

     Whereas by the twentyeight article of the Treaty of amity,

commerce, and navigation between His Britannic Majesty and the

United States, signed at London on the nineteenth day of November,

 

one thousand seven hundred and ninetyfour, it was agreed that the

contracting parties would, from time to time, readily treat of and

concerning such further articles as might be proposed; that they

would sincerely endeavour so to form such articles as that they

might conduce to mutual convenience and tend to promote mutual

satisfaction and ,friendship; and that such articles, after having

been duly ratified, should be added to and make a part of that

Treaty: And whereas difficulties have arisen with respect to the

execution of so much of the fifth article of the said Treaty as

requires that the Commissioners appointed under the same should in

their description particularize the latitude and longitude of the

source of the river which may be found to be the one truly intended

in the Treaty of peace between His Britannic Majesty and the United

States, under the name of the river St. Croix, by reason whereof it

is expedient that the said Commissioners should be released from

the obligation of conforming to the provisions of the said article

in this respect. The undersigned being respectively named by His

Britannic Majesty and the United States of America their

Plenipotentiaries for the purpose of treating of and concluding

such articles as may be proper to be added to the said Treaty, in

conformity to the above mentioned stipulation, and having

communicated to each other their respective full powers, have

agreed and concluded, and do hereby declare in the name of His

Britannic Majesty and of the United States of America that the

Commissioners appointed under the fifth article of the above

mentioned Treaty shall not be obliged to particularize in their

description, the latitude and longitude of the source of the river

which may be found to be the one truly intended in the aforesaid

Treaty of peace under the name of the river St. Croix, but they

shall be at liberty to describe the said river, in such other

manner as they may judge expedient, which description shall be

considered as a complete execution of the duty required of the said

Commissioners in this respect by the article aforesaid. And to the

end that no uncertainty may hereafter exist on this subject, it is

further agreed, that as soon as may be after the decision of the

said Commissioners, measures shall be concerted between the

Government of the United States and His Britannic Majesty's

Governors or Lieutenant Governors in America, in order to erect and

keep in repair a suitable monument at the place ascertained and

described to be the source of the said river St. Croix, which

measures shall immediately thereupon, and as often afterwards as

may be requisite, be duly executed on both sides with punctuality

and good faith.

 

     This explanatory article, when the same shall have been

ratified by His Majesty and by the President of the United States,

by and with the advice and consent of their Senate, and the

respective ratifications mutually exchanged, shall be added to and

make a part of the Treaty of amity, commerce, and navigation

between His Majesty and the United States, signed at London on the

nineteenth day of November, one thousand seven hundred and

 

ninetyfour, and shall be permanently binding upon His Majesty and

the United States.

 

     In witness whereof we, the said undersigned Plenipotentiaries

of His Britannic Majesty and the United States of America, have

signed this present article, and have caused to be affixed thereto

the seal of our arms.

 

     Done at London this fifteenth day of March, one thousand seven

hundred and ninetyeight.

 

(SEAL.) GRENVILLE. (SEAL.) RUFUS KING.

 

 

     Footnote 6

 

     

1814 Treaty of Ghent 1814 to end the War Of 1812 

 

     Treaty of Peace and Amity between His Britannic Majesty and

the United States of America, Concluded at Ghent, December 24,

1814; Ratification Advised by Senate, February 16, 1815; Ratified

by President; February 17, 1815; Ratifications Exchanged at

Washington, February 17, 1815; Proclaimed, February 18, 1815. 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

Honorable 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: 

 

Article I

 

     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.

 

 

Article II

 

     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.

 

Article III

 

     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. 

 

Article IV

 

     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