|
Treaty of Ghent
Signed,
December 24th, 1814
Ratified by Senate, February 16th, 1815
[Ended the War of 1812]
Treaty of Peace and Amity between His Britannic
Majesty and the United States of America
His Britannic Majesty and the United States of America
desirous of terminating the war which has unhappily subsisted between the
two countries, and of restoring upon principles of perfect reciprocity,
peace, friendship, and good understanding between them, have for that
purpose appointed their respective Plenipotentiaries, that is to say, His
Britannic Majesty on His part has appointed the Right Honourable James Lord
Gambier, late Admiral of the White now Admiral of the Red Squadron of His
Majesty's Fleet; Henry Goulburn Esquire, a member of the Imperial Parliament
and under Secretary of State; and William Adams Esquire, Doctor of Civil
Laws: And the President of the United States, by and with the advice and
consent of the Senate thereof, has appointed John Quincy Adams, James A.
Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, citizens of the
United States; who, after a reciprocal communication of their respective
full powers, have agreed upon the following articles.
ARTICLE ONE.
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 TWO.
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 THREE.
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 FOUR.
Whereas it was stipulated by the second Article in the Treaty of Peace of
one thousand seven hundred and eighty three between His Britannic Majesty
and the United States of America that the boundary of the United States
should comprehend all Islands within twenty leagues of any part of the
shores of the United States and lying between lines to be drawn due east
from the points where the aforesaid boundaries between Nova Scotia on the
one part and East Florida on the other shall respectively touch the Bay of
Fundy and the Atlantic ocean, excepting such islands as now are or
heretofore have been within the limits of Nova Scotia, and whereas the
several Islands in the Bay of Passamaquoddy, which is part of the Bay of
Fundy, and the Island of Grand Menan in the said Bay of Fundy, are claimed
by the United States as being comprehended within their aforesaid
boundaries, which said islands are claimed as belonging to His Britannic
Majesty as having been at the time of and previous to the aforesaid treaty
of one thousand seven hundred and eighty three within the limits of the
province of Nova Scotia: In order therefore finally to decide upon
these claims it is agreed that they shall be referred to two Commissioners
to be appointed in the following manner, viz: One Commissioner shall be
appointed by His Britannic Majesty and one by the President of the United
States, by and with the advice and consent of the Senate thereof, and the
said two Commissioners so appointed shall be sworn impartially to examine
and decide upon the said claims according to such evidence as shall be laid
before them on the part of His Britannic Majesty and of the United States
respectively. The said Commissioners shall meet at St Andrews, in the
province of New Brunswick, and shall have power to adjourn to such other
place or places as they shall think fit. The said Commissioners shall
by a declaration or report under their hands and seals decide to which of
the two contracting parties the several islands aforesaid do respectively
belong in conformity with the true intent of the said Treaty of Peace of one
thousand seven hundred and eighty three. And if the said Commissioners
shall agree in their decision both parties shall consider such decision as
final and conclusive. It is further agreed that in the event of the
two Commissioners differing upon all or any of the matters so referred to
them, or in the event of both or either of the said Commissioners refusing
or declining or wilfully omitting to act as such, they shall make jointly or
separately a report or reports as well to the Government of His Britannic
Majesty as to that of the United States, stating in detail the points on
which they differ, and the grounds upon which their respective opinions have
been formed, or the grounds upon which they or either of them have so
refused declined or omitted to act. And His Britannic Majesty and the
Government of the United States hereby agree to refer the report or reports
of the said Commissioners to some friendly Sovereign or State to be then
named for that purpose, and who shall be requested to decide on the
differences which may be stated in the said report or reports, or upon the
report of one Commissioner together with the grounds upon which the other
Commissioner shall have refused, declined or omitted to act as the case may
be. And if the Commissioner so refusing, declining, or omitting to
act, shall also wilfully omit to state the grounds upon which he has so done
in such manner that the said statement may be referred to such friendly
Sovereign or State together with the report of such other Commissioner, then
such Sovereign or State shall decide ex parte upon the said report
alone. And His Britannic Majesty and the Government of the United States
engage to consider the decision of such friendly Sovereign or State to be
final and conclusive on all the matters so referred.
ARTICLE FIVE.
Whereas neither that point of the highlands lying due north from the
source of the river St. Croix, and designated in the former Treaty of Peace
between the two Powers as the northwest angle of Nova Scotia, nor the
northwesternmost head of Connecticut river has yet been ascertained; and
whereas that part of the boundary line between the dominions of the two
Powers which extends from the source of the river St. Croix directly north
to the above mentioned northwest angle of Nova Scotia, thence along the said
highlands which divide those rivers that empty themselves into the river St.
Lawrence from those which fall into the Atlantic ocean to the
northwesternmost head of Connecticut river, thence down along the middle of
that river to the forty fifth degree of north latitude, thence by a line due
west on said latitude until it strikes the river Iroquois or Cataraquy, has
not yet been surveyed: it is agreed that for these several purposes two
Commissioners shall be appointed, sworn, and authorized to act exactly in
the manner directed with respect to those mentioned in the next preceding
article unless otherwise specified in the present article. The said
Commissioners shall meet at 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 have power to ascertain and
determine the points above mentioned in conformity with the provisions of
the said Treaty of Peace of one thousand seven hundred and eighty three, and
shall cause the boundary aforesaid from the source of the river St. Croix to
the river Iroquois or Cataraquy to be surveyed and marked according to the
said provisions. The said Commissioners shall make a map of the said
boundary, and annex to it a declaration under their hands and seals
certifying it to be the true map of the said boundary, and particularizing
the latitude and longitude of the northwest angle of Nova Scotia, of the
northwesternmost head of Connecticut river, and of such other points of the
said boundary as they may deem proper. And both parties agree to
consider such map and declaration as finally and conclusively fixing the
said boundary. And in the event of the said two Commissioners
differing, or both, or either of them refusing, declining, or wilfully
omitting to act, such reports, declarations, or statements shall be made by
them or either of them, and such reference to a friendly Sovereign or State
shall be made in all respects as in the latter part of the fourth article is
contained, and in as full a manner as if the same was herein repeated.
ARTICLE SIX.
Whereas by the former Treaty of Peace that portion of the boundary of the
United States from the point where the forty fifth degree of north latitude
strikes the river Iroquois or Cataraquy to the lake Superior was declared to
be "along the middle of said river into lake Ontario, through the middle of
said lake until it strikes the communication by water between that lake and
lake Erie, thence along the middle of said communication into lake Erie,
through the middle of said lake until it arrives at the water communication
into the lake Huron; thence through the middle of said lake to the water
communication between that lake and lake Superior." And whereas
doubts have arisen what was the middle of the said river, lakes, and water
communications, and whether certain islands lying in the same were within
the dominions of His Britannic Majesty or of the United States: In order
therefore finally to decide these doubts, they shall be referred to two
Commissioners to be appointed, sworn, and authorized to act exactly in the
manner directed with respect to those mentioned in the next preceding
article unless otherwise specified in this present article. The said
Commissioners shall meet in the first instance at Albany in the state of New
York, and shall have power to adjourn to such other place or places as they
shall think fit. The said Commissioners shall by a report or
declaration under their hands and seals, designate the boundary through the
said river, lakes, and water communications, and decide to which of the two
contracting parties the several islands lying within the said rivers, lakes,
and water communications, do respectively belong in conformity with the true
intent of the said treaty of one thousand seven hundred and eighty three.
And both parties agree to consider such designation and decision as final
and conclusive. And in the event of the said two Commissioners
differing or both or either of them refusing, declining, or wilfully
omitting to act, such reports, declarations, or statements shall be made by
them or either of them, and such reference to a friendly Sovereign or State
shall be made in all respects as in the latter part of the fourth Article is
contained, and in as full a manner as if the same was herein repeated.
ARTICLE SEVEN.
It is further agreed that the said two last mentioned Commissioners after
they shall have executed the duties assigned to them in the preceding
article, shall be, and they are hereby, authorized upon their oaths
impartially to fix and determine according to the true intent of the said
Treaty of Peace of one thousand seven hundred and eighty three, that part of
the boundary between the dominions of the two Powers, which extends from the
water communication between lake Huron and lake Superior to the most
northwestern point of the Lake of the Woods, to decide to which of the two
Parties the several islands lying in the lakes, water communications, and
rivers forming the said boundary do respectively belong in conformity with
the true intent of the said Treaty of Peace of one thousand seven hundred
and eighty three, and to cause such parts of the said boundary as require it
to be surveyed and marked. The said Commissioners shall by a report or
declaration under their hands and seals, designate the boundary aforesaid,
state their decision on the points thus referred to them, and particularize
the latitude and longitude of the most northwestern point of the Lake of the
Woods, and of such other parts of the said boundary as they may deem proper.
And both parties agree to consider such designation and decision as final
and conclusive. And in the event of the said two Commissioners
differing, or both or either of them refusing, declining, or wilfully
omitting to act, such reports, declarations or statements shall be made by
them or either of them, and such reference to a friendly Sovereign or State
shall be made in all respects as in the latter part of the fourth article is
contained, and in as full a manner as if the same was herein revealed.
ARTICLE EIGHT.
The several boards of two Commissioners mentioned in the four preceding
Articles shall respectively have power to appoint a secretary, and to employ
such surveyors or other persons as they shall judge necessary.
Duplicates of all their respective reports, declarations, statements, and
decisions, and of their accounts, and of the Journal of their proceedings
shall be delivered by them to the agents of His Britannic Majesty and to the
agents of the United States, who may be respectively appointed and
authorized to manage the business on behalf of their respective Governments.
The said Commissioners shall be respectively paid in such manner as shall be
agreed between the two contracting parties, such agreement being to be
settled at the time of the Exchange of the ratifications of this treaty.
And all other expenses attending the said Commissions shall be defrayed
equally by the two parties. And in the case of death, sickness,
resignation, or necessary absence, the place of every such Commissioner
respectively shall be supplied in the same manner as such Commissioner was
first appointed; and the new Commissioner shall take the same oath or
affirmation and do the same duties. It is further agreed between the
two contracting parties that in case any of the islands mentioned in any of
the preceding articles, which were in the possession of one of the parties
prior to the commencement of the present war between the two countries,
should by the decision of any of the boards of Commissioners aforesaid, or
of the Sovereign or State so referred to, as in the four next preceding
articles contained, fall within the dominions of the other party, all grants
of land made previous to the commencement of the war by the party having had
such possession, shall be as valid as if such island or islands had by such
decision or decisions been adjudged to be within the dominions of the party
having had such possession.
ARTICLE NINE.
The United States of America engage to put an end immediately after the
ratification of the present treaty to hostilities with all the tribes or
nations of Indians with whom they may be at war at the time of such
ratification, and forthwith to restore to such tribes or nations
respectively all the possessions, rights, and privileges which they may have
enjoyed or been entitled to in one thousand eight hundred and eleven
previous to such hostilities. Provided always that such tribes
or nations shall agree to desist from all hostilities against the United
States of America, their citizens, and subjects upon the ratification of the
present treaty being notified to such tribes or nations, and shall so desist
accordingly. And his Britannic Majesty engages on his part to put an
end immediately after the Ratification of the present treaty to hostilities
with all the tribes or nations of Indians with whom He may be at war at the
time of such ratification, and forthwith to restore to such tribes or
nations respectively all the possessions, rights, and privileges, which they
may have enjoyed or been entitled to in one thousand eight hundred and
eleven previous to such hostilities. Provided always that such
tribes or nations shall agree to desist from all hostilities against his
Britannic Majesty and his subjects upon the ratification of the present
treaty being notified to such tribes or nations, and shall so desist
accordingly.
ARTICLE TEN.
Whereas the traffic in slaves is irreconcilable with the principles of
humanity and justice: and whereas both His Majesty and the United States are
desirous of continuing their efforts to promote its entire abolition, it is
hereby agreed that both the contracting parties shall use their best
endeavours to accomplish so desirable an object.
ARTICLE ELEVEN.
This treaty when the same shall have been ratified on both sides without
alteration by either of the contracting parties, and the ratifications
mutually exchanged, shall be binding on both parties, and the ratifications
shall be exchanged at Washington in the space of four months from this day
or sooner if practicable.
In faith whereof, we the respective Plenipotentiaries have signed this
treaty, and have hereunto affixed our Seals. Done in triplicate at
Ghent the twenty fourth day of December one thousand eight hundred and
fourteen.
GAMBIER
HENRY GOULBURN
WILLIAM ADAMS
JOHN QUINCY ADAMS
J. A. BAYARD
H. CLAY
JON. RUSSELL
ALBERT GALLATIN
Return to
Historic Speeches Page
|
|