House Of Commons
Thursday, March 16, 1815
Treaty Of Peace With America
presented, by command of the Prince Regent, a "Copy of a Treaty of Peace and Amity between his Britannic Majesty and the United States of America, signed at Ghent, 24th of December 1814; the Ratifications of which Treaty were exchanged at Washington the 17th February, 1815." The noble lord said, he should move that on Wednesday next the Report be taken into consideration by the House.
wished to know whether it was the intention of the noble lord to lay before the House the papers respecting the negociation which had led to the treaty.
replied, that he by no means considered it a matter of course, that the Executive should lay before the House all the papers which passed preceding the treaty. He conceived that the treaty itself might be submitted to the House for its approbation, and that it might be judged of on its own merits. This treaty had restored the two countries to peace, and it would be for the House to judge whether there was any thing in it contrary to the honour or the interests of Great Britain. It was not usual to lay before the House the details of a negociation which ended in a treaty, unless the House should see something so reprehensible in the conduct of Government as to call for those details.
said, that if the papers were not produced, the noble lord would have no other case but those papers, which had already, irregularly and improperly, as he thought, been made public by the American Government.
did not conceive that our proceedings ought to be regulated by the conduct of another government, especially when that conduct was designated by the hon. gentleman himself as irregular and improper.
The following is a Copy of the said Treaty:
A TREATY of PEACE and AMITY between his Britannic Majesty and the United States of America; signed at Ghent, December 24, 1814.
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, esq. a Member of the Imperial Parliament, and Under Secretary of State; and William Adams, esq. 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 Quincey 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 l.—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 bean 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 hereafter 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.
Art. 2.—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 23 degrees North, to the latitude of 50 degrees North, and as far eastward in the Atlantic Ocean as the 36th degree of West longitude from the meridian of Greenwich, shall be restored on each side. That the time shall be 30 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: 90 days for every other part of the world south of the equator: and 120 days for all other parts of the world, without exception.
Art. 3.—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 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.
Art. 4.—Whereas it was stipulated by the 2nd article in the treaty of peace of 1783, 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 1783, 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 1783; 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, 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.
Art. 5.—Whereas neither that point of the Highlands lying due north from the source of the river St. Croix, designated in the former treaty of peace between the two Powers as the north-west angle of Nova Scotia, nor the north-westernmost head of Connecticut River, have 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 north-west 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 north-westernmost head of Connecticut River, thence down along the middle of that river to the 45th degree of north latitude, thence by a line due west on said latitude until it strikes the river Iroquois or Cataraguy, has not yet been surveyed; it is agreed that for these several 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 1783; and shall cause the boundary aforesaid, from the source of the river St. Croix to the river Iroquois or Cataraguy to be surveyed and marked according to the said provisions; the said commissioners shall make a map of the said boundary, and annexed to it a declaration under their hands and seals, certifying it to be the true map of the said boundary, and particularizing the latitude and longitude of the north-west angle of Nova Scotia, of the north-westernmost head of Connecticut River, and of such 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.
Art. 6.—Whereas by the former treaty of peace, that portion of the boundary of the United States from the point where the 45th degree of north latitude strikes the River Iroquois or Cataraguy, to the Lake Superior, was declared to be "along the middle of the said river into Lake Ontario, through the middle of the said lake, until it strikes the communication by water between that lake and Lake Erie, thence along the middle of the said communication into Lake Erie, through the middle of the 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 commis- ] sioners 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 communication 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 1783. 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 4th Article is contained, and in as full a manner as if the same was herein repeated.
Art. 7.—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 1783, 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 north-western point of the Lake of the Woods; to decide to which of the two parties the several islands-lying in the lakes, water communications, and rivers forming the said boundary, do respectively belong, in conformity with the true intent of the said Treaty of Peace of 1783, and to cause such parts of the said boundary as require it to be surveyed and marked. The said commissioners shall by a report or declaration, under their hands and seals, designate the boundary aforesaid, state their decision on the points thus referred to them, and particularize the latitude and longitude of the most north-western point of the Lake of the Woods, and of such other parts of the said boundary as they may deem 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 willfully 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.
Art. 8.—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 he 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 States 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.
Art. 9.—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 1811, 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 1811, 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.
Art. 10.—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.
Art. 11.—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 thereunto affixed our seals.
Done in triplicate at Ghent, the 24th day of December, 1814.
The Ratifications of the above Treaty were duly exchanged at Washington, at eleven P. M. on the 17th ultimo.
Treaty Of Peace With Denmark
presented to the House, by the command of the Prince Regent, the following
TREATY OF PEACE between his Britannic Majesty and his Majesty the King of Denmark. Signed at Keil, the 14th January, 1814.
In the name of the Most Holy and Undivided Trinity. His Majesty the King of the United Kingdom of Great Britain and Ireland, and his Majesty the King of Denmark, being desirous to put an end to the calamities of the war which has so long divided their states, and to re-establish the ancient relations of amity and good understanding, have judged expedient to name for this purpose their respective plenipotentiaries, viz. his royal highness the Prince Regent, in the name and on the behalf of his Majesty the King of the United Kingdom of Great Britain and Ireland, Edward Thornton, esq. his Envoy Extraordinary and Minister Plenipotentiary to his Majesty the King of Sweden; and his Majesty the King of Denmark, his Chamberlain the Sieur Edmund Bourke, Grand Cross of the Order of Dannebrog, and Knight of the Order of the Whits Eagle; which plenipotentiaries, after the exchange of their full powers, found in full and due form, have agreed on the following articles:—
Article 1.—From the moment of the signature of the present Treaty, there shall be peace and friendship between their Majesties the King of the United Kingdom of Great Britain and Ireland, and the King of Denmak, and between their respective kingdoms, states, and subjects, in all parts of the world. All hostilities between them shall cease, and all prizes taken from the subjects of the respective nations shall be considered as null from the day of the signature of the present Treaty, and shall be restored on both sides to their respective owners.
Art. II.—The respective prisoners of war shall, immediately after the ratification of the present Treaty, be restored en masse, on payment, on both sides, of the private debts which they shall have contracted.
Art. 3.—His Majesty the King of the United Kingdom of Great Britain and ] Ireland consents to restore to his Danish Majesty all the possessions and colonies which have been conquered by the British arms in this present war, except the island of Heligoland, which his Britannic Majesty reserves to himself with full and unlimited sovereignty.
Art. 4.—The restoring of the colonies shall be performed according to the same rules and principles which were laid down when his Britannic Majesty gave up to his Danish Majesty these same colonies in the year 1801. With regard to the island of Anholt, it is agreed that it shall be given back one month after the ratification of the present Treaty, unless the season and the difficulty of navigation should present insurmountable obstacles.
Art. 5.—His Britannic Majesty having stipulated with his allies the Emperor of Russia, the King of Sweden, and the King of Prussia, not to conclude either armistice or peace with their common enemies, but by mutual consent, it is understood, that the peace, re-established by the present Treaty, and by the Treaty signed this day between the King of Denmark and the King of Sweden, shall in consequence be extended to the above-mentioned allies, by the means of negociations, the which shall be entered upon as soon as possible, his Britannic Majesty engaging himself to employ his good offices with his allies in order that their respective relations with his Danish Majesty may be renewed upon the same footing as they were before the war.
His Danish Majesty, relying with full confidence on the good offices of their Britannic and Swedish Majesties, for the purpose, as soon as possible, of restoring the peaceable and friendly connexions between his Majesty the Emperor of Russia and King of Prussia, as they were before the war, consents to make all hostilities towards the allies of Great Britain and Sweden immediately cease. All prizes which have been made since this Treaty has been signed, shall be restored: his Danish Majesty relying on a complete reciprocity in this respect.
Art. 6.—His Danish Majesty consents to take an active part with the Allied Powers in the present war against France, and to furnish ten thousand men, which corps is to be attached to the army of the North of Germany, and under the immediate command of his royal highness the Crown Prince of Sweden, to be placed on the same footing, and to be treated in every respect in the same manner as the Swedish troops which constitute a part of the said army, his Britannic Majesty engaging himself to pay to his Danish Majesty, for the maintenance of the said troops, a certain sum, to be provided for every month in this present year, in the proportion of four hundred thousand pounds sterling a year, from the day on which they are placed under the command of the Swedish Crown Prince. This corps shall be always kept up to its full complement, which may be ascertained by a commissary named for that purpose on the part of his Britannic Majesty.
It is however understood by the high contracting parties, that these payments are to cease from the time his Britannic Majesty shall declare such troops not to be required for the good of the common cause, or by the conclusion of a general peace. A proper time shall be allowed, concerning which an amicable arrangement shall be made, for the troops to return to his Danish Majesty's dominions.
Art. 7.—The commercial relations between the subjects of the high contracting parties shall again return to the usual order, as existing before the present war began. They moreover reciprocally agree to adopt measures, as soon as possible, for giving the same greater force and extent.
Art. 8.—His Majesty the King of the United Kingdom of Great Britain and Ireland and the British nation being extremely desirous of totally abolishing the Slave Trade, the King of Denmark engages to co-operate with his said Majesty for the completion of so beneficent a work, and to prohibit all his subjects, in the most effectual manner, and by the most solemn laws, from taking any share in such trade.
Art. 9.—The two high contracting parties oblige themselves reciprocally, not to conclude any peace or truce with France, but by mutual consent.
Art. 10.—Whereas his Danish Majesty, in virtue of the treaty of peace this day concluded with the King of Sweden, has ceded Norway to his said Majesty for a certain provided indemnity, his Britannic Majesty, who thus has seen his engagements contracted with Sweden in this respect fulfilled, promises, in concert with the King of Sweden, to employ his good offices with the Allied Powers, at the general peace, to obtain for Denmark a proper indemnity for the cession of Norway.
Art. 11.—The sequestrations which have been laid, by either of the contracting parties, on property not already confiscated or condemned, shall be raised immediately after the ratification of this Treaty.
Art. 12.—His Majesty the King of Sweden having engaged, by the sixth Article of the Treaty of Alliance with his Britannic Majesty, concluded at Stockholm the 3d of March 1813, to grant, for a period of twenty years, to be computed from the exchange of the ratifications of the said Treaty, to the subjects of his Britannic Majesty, the privileges of depôt in the port of Stralsund, of all articles being the growth or manufacture of Great Britain, or of her colonies, on paying a duty of one per cent, ad valorem on such articles and merchandize on import and export; his Majesty the King of Denmark promises to fulfil, in his new character of Sovereign of Swedish Pomerania, the said stipulation, by substituting Danish for Swedish bottoms.
Art. 13.—All the ancient treaties of peace and commerce between the former Sovereigns of England and Denmark are hereby renewed in their full extent, so far as they are not contradictory to the stipulations of the present Treaty.
Art. 14.—This Treaty of Peace shall be ratified by the two high contracting parties; the ratifications to be exchanged at Kiel within one month, or sooner if practicable.
In witness whereof, we the undersigned, by virtue of our full powers, have signed the present Treaty of Peace, and thereto affixed the seal of our arms.—Done at Kiel, the 14th January, 1814.
| EDWARD THORNTON.(L. S) | EDMUND BOURKE.(L.S.) |
ADDITIONAL ARTICLES to the Definitive Treaty between his Britannic Majesty and the King of Denmark, signed at Kiel the 14th of January, 1814.
Art. 1.—The evacuations, cessions, and restitutions, stipulated by the above-mentioned Treaty, shall be executed, in Europe within a month, in the seas of America within three months, and in the continent and seas of Asia within six months after the ratifications of the Definitive Treaty.
Art. 2.—In all cases of restitution agreed upon by the present Treaty, the fortifications shall be delivered up in the state in which they were at the moment of the signature of the Definitive Treaty, and all works which shall have been constructed since the occupation shall remain untouched.
It is further agreed, that in all the cases of cession stipulated, there shall be allowed to the inhabitants of whatever condition or nation they may be, a term of three years, reckoning from the notification of the present Treaty, to dispose of their property, acquired and possessed whether before or in the course of the war, during which term of three years they shall be at liberty freely to exercise their religion, and to enjoy their property. The same facility is granted within the countries restored, to all persons, inhabitants, or others, who shall have formed any establishments during the time which those countries were possessed by Great Britain.
In respect to the inhabitants or the countries restored or ceded, it is agreed that no one shall be persecuted, disturbed, or troubled, either personally or in his property, under any pretext on account of his political opinions or conduct, or of his attachment to either of the high contracting parties, or for any other cause, unless it be for debts contracted with individuals, or for acts subsequent to the present Treaty.
Art. 3.—The decision of every claim between individuals of the respective nations for any debts, property, effects, or rights whatever, which conformably to common usage and the law of nations ought to be brought forward, shall be referred to the competent tribunals, and in such cases there shall be prompt and complete justice rendered in the countries where the claims are respectively put forth.
These additional articles shall make a part of the Treaty signed the 14th January, 1814, and shall have the same force and validity as if they were inserted word for word in the said Treaty.
They shall be ratified by the two high contracting parties, and the ratifications shall be exchanged within four weeks, or sooner if possible.
In witness whereof, we the undersigned, in virtue of our respective full powers, have signed the present additional articles, and have affixed thereto the seal of our arms.
Done at Liege, the 7th of April 1814.
| EDWARD THORNTON. (L.S.) | EDMUND BOURKE. (L.S.) |
ADDITIONAL ARTICLE to the Definitive Treaty between his Britannic Majesty and the King of Denmark, signed at Kiel the 14th of January, 1814.
It is agreed between the two high contracting parties, that the same security of person and property, which has been stipulated by the additional articles signed this day, for the inhabitants of the restored or ceded countries, shall be afforded to all the subjects of his Majesty the King of the United Kingdom of Great Britain and Ireland, whether British or Hanoverians, and of his Majesty the King of Denmark, who shall have taken an active part in the present war, which has disturbed so many countries, and that no one shall be persecuted, disturbed, or troubled, on account of his political conduct or opinions during the course of the war.
This additional article shall make part of the Treaty signed the 14th January 1814, and shall have the same force and validity as if it was inserted word for word in the said Treaty.
It shall be ratified by the two high contracting parties, and the ratifications shall be exchanged within four weeks, or sooner if possible.
In witness whereof, we the undersigned, in virtue of our respective full powers, have signed the present additional article, and affixed thereto the seal of our arms.
Done at Liege, the 7th of April 1814.
| EDWARD THORNTON. (L.S.) | EDMUND BOURKE. (L. S.) |
His Royal Highness the Prince Regent's Ratification of a Definitive Treaty of Peace, Friendship, and Alliance, between his Majesty and the King of Denmark. Signed at Kiel, 14th January, 1814.
George the Third, by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c. &c. &c. to all and singular to whom these presents shall come, greeting:—Whereas a Definitive Treaty of Peace, Friendship and Alliance, between his Majesty and his good Brother, the King of Denmark, was concluded and signed at Kiel, in Holstein, on the fourteenth of this instant January, one thousand eight hundred and fourteen, by the Plenipotentiaries of his Majesty and his said good Brother, duly and respectively authorized for that purpose, which Definitive Treaty is word for word as follows:—
(Fit Inserlio.)
We, having seen and considered the Definitive Treaty aforesaid, have, in the name and on the behalf of his Majesty, approved, ratified, accepted, and confirmed the same in all and every one of its Articles and Clauses, save and except the fourth Article, as we do by these presents so approve, ratify, accept, and confirm it for his Majesty, his heirs, and successors; engaging and promising upon our word, that we will sincerely and faithfully perform and observe all and singular the things which are contained and expressed in the aforesaid Definitive Treaty, save as before excepted; and that we wilt never suffer the same to be violated by any one, or transgressed in any manner, as far as it lies in our power. For the greater testimony and validity of all which, save as before excepted, we have, in the name and on the behalf of his Majesty, caused the Great Seal of the United Kingdom of Great Britain and Ireland to be affixed to these presents, which we have signed with our hand.
Given at the Palace of Carlton House, the thirty-first day of January, in the year, of our Lord one thousand eight hundred and fourteen, and in the fifty-fourth year of his Majesty's reign.
In the name and on the behalf his Majesty. GEORGE, P. R.
Convention With Spain
presented, by command of the Prince Regent,
A CONVENTION between his Britannic Majesty and his Catholic Majesty Ferdinand the 7th. Signed at London, Feb. 5, 1814.
In the Name of the Most Holy and Undivided Trinity:
His Majesty the King of the United Kingdom of Great Britain and Ireland, and his Catholic Majesty, Ferdinand the 7th, being equally desirous of promoting the good understanding which happily subsists between them, and of preventing any differences which might arise respecting the disposal of vessels and goods recaptured from the enemy by either party, have judged it expedient that a Convention should be entered into upon that subject: for this purpose they have named their respective plenipotentiaries—that is to say, his royal highness the Prince Regent, acting in the name and on the behalf of his Britannic Majesty, Henry ] Earl Bathurst, Baron Bathurst and Apsley, one of his Majesty's principal Secretaries of State, a member of his Majesty's most honourable Privy Council, and a peer of the Parliament of the United Kingdom, &c. &c. &c. and the Regency of the Spains, acting in the name and on the behalf of his Catholic Majesty Ferdinand the 7th, Don Carlos Joze Gutierrez de los Rios Fernandez de Cordova Sarmiento de Sotomayor, &c. &c.; Count de Fernan Nunez and Barajas, marquis of Castel Moncayo, duke of Montellano, Arco, and Aremberg, prince of Barbanzon, and of the Holy Roman Empire, &c. &c. &c. Grandee of Spain of the First Class, Knight Grand Cross of the Royal and distinguished Order of Charles the Third, Gentleman of the Chamber in actual Service, Colonel of the Regiment of Cavalry bearing his Catholic Majesty's name, and his Ambassador Extraordinary and Plenipotentiary to his Britannic Majesty; who, having duly communicated to each other their respective full powers, drawn up in due form, have agreed upon the following article:—
It is agreed that any ships or goods belonging to either of the contracting parties, which shall have been taken by the enemy, and shall be afterwards retaken by any ship or vessel belonging to either of the contracting powers, shall reciprocally, in all cases, save as hereafter excepted, be restored to the former owners or proprietors, on payment of salvage of one-eighth part of the true value thereof, if retaken by any ship of war; and of one-sixth part, if retaken by any privateer, or other ship or vessel; and in case such ship or goods shall have been retaken by the joint operation of one or more ships of war, and one or more private ship or ships, then on payment also of the last-mentioned salvage of one-sixth part.
But if such ship or vessel, so retaken, shall appear to have been, after the taking by the enemy, set forth as a ship or vessel of war, the said ship or vessel shall not be restored to the former owners or proprietors; but shall, in all cases, whether retaken by any ship of war, or by any privateer or other vessel, be adjudged lawful prize for the benefit of the captors.
The present Convention shall be ratified by the two high contracting parties, and the ratifications exchanged at London in six weeks, or sooner, if possible.
In witness whereof, we, the undersigned Plenipotentiaries, have signed, in virtue of our respective full powers, the present Convention, and have affixed thereto the seals of our arms.
Done at London, this 5th day of February, 1814. (L. S.) BATHURST.
(L. S.) EL CONDE DE FERNAN NUNEZ, Duque de Montellano.
Treaty Of Friendship And Alliance With Spain
also presented, by command of the Prince Regent, the following
TREATY of Friendship and Alliance between his Britannic Majesty and his Catholic Majesty, Ferdinand the 7th. Signed at Madrid, the 5th day of July, 1814.
In the Name of the Most Holy Trinity.
His Majesty the King of the United Kingdom of Great Britain and Ireland, and his Catholic Majesty, being equally animated by a desire to strengthen and perpetuate the union and alliance which have been the principal means of re-establishing the balance of power in Europe, and of restoring peace to the world, have constituted and appointed, that is to say; his Majesty the King of the United Kingdom of Great Britain and Ireland, the right honourable sir Henry Wellesley, one of his Majesty's most honourable Privy Council, Knight Companion of the most honourable Order of the Bath, and his Majesty's Ambassador Extraordinary and Plenipotentiary to his Catholic Majesty; and his Catholic Majesty, Don Josef Miguel de Carbajal y Vargas, duke of San Carlos, count of Castillejo and of Puerto, Grandee of Spain of the First Class, Knight of the most illustrious Order of the Golden Fleece, Grand Cross of the Royal and distinguished Order of Charles 3, Commander of Esparagoza de Lares in the Order of Alcantara, chief Major-domo of the King, and Gentleman of his Chamber, Lieutenant-general in the Royal army, Counsellor of State, and First Secretary of State and of general dispatch; who, after having exchanged their respective full powers, and finding them in good and due form, have agreed to and concluded the following articles:—
Art. 1.—There shall be in future a strict and intimate alliance between his Majesty the King of the United Kingdom of Great Britain and Ireland and his Catholic Majesty, their heirs and successors; and in consequence of this intimate union, the high contracting parties shall endeavour ] to forward, by all possible means, their respective interests.
His Britannic Majesty and his Catholic Majesty declare, however, that in drawing closer the ties so happily subsisting between them, their object is by no means to injure any other state.
Art. 2—The present alliance shall in no way derogate from the treaties and alliances which the high contracting parties may have with other powers, it being understood that the said treaties are not contrary to the friendship and good understanding, which it is the object of the present treaty to cement and perpetuate.
Art. 3.—It having been agreed by the treaty signed at London on the 14th day of January, 1809, to proceed to the negociation of a treaty of commerce between Great Britain and Spain, as soon as it should be practicable so to do, and the two high contracting parties desiring mutually to protect and extend the commerce between their respective subjects, promise to proceed without delay to the formation of a definitive arrangement of commerce.
Art. 4.—In the event of the commerce of the Spanish American possessions being opened to foreign nations, his Catholic Majesty promises that Great Britain shall be admitted to trade with those possessions as the most favoured nation.
Art. 5.—The present treaty shall be ratified, and the ratifications shall be exchanged within forty days, or sooner if possible.
In witness whereof, we the undersigned plenipotentiaries have signed, in virtue of respective full powers, the present treaty of friendship and alliance, and have sealed it with the seals of our arms.
Done in Madrid, this 5th day of July, 1814. (L. S.) H. WELLESLEY.
Three Additional ARTICLES to the Treaty of Friendship and Alliance between his Majesty and his Catholic Majesty Ferdinand the 7th, signed at Madrid, August 28, 1814.
Art. 1.—It is agreed that, pending the negociation of a new Treaty of Commerce, Great Britain shall be admitted to trade with Spain upon the same conditions as those which existed previously to the year 1796. All the Treaties of Commerce which at that period subsisted between the two nations being hereby ratified and confirmed.
Art. 2.—His Catholic Majesty concur- ring in the fullest manner in the sentiments of his Britannic Majesty with respect to the injustice and inhumanity of the traffic in slaves, will take into consideration, with the deliberation which the state of his possessions in America demands, the means of acting in conformity with those sentiments. His Catholic Majesty promises, moreover, to prohibit his subjects from engaging in the Slave Trade, for the purpose of supplying any islands or possessions excepting those appertaining to Spain, and to prevent likewise, by effectual measures and regulations, the protection of the Spanish flag being given to foreigners who may engage in this traffic, whether subjects of his Britannic Majesty or of any other state or power.
Art. 3.—His Britannic Majesty being anxious that the troubles and disturbances which unfortunately prevail in the dominions of his Catholic Majesty in America should entirely cease, and the subjects of those provinces should return to their obedience to their lawful sovereign, engages to take the most effectual measures for preventing his subjects from furnishing arms, ammunition, or any other warlike article to the revolted in America.
The present additional Articles shall form an integral part of the Treaty of Friendship and Alliance signed on the 5th day of July, and shall have the same force, and validity as if they were inserted word for word, and shall be ratified within forty days, or sooner, if possible.
In witness whereof, we the undersigned Plenipotentiaries, in virtue of our respective full powers, have signed the present additional Articles, and have sealed them with the seals of our arms.
Done at Madrid, this 28th day of August, 1814.
(L. S.) H. WELLESLEY.
Congress At Vienna
requested the right hon. baronet whose motion respecting the Alien Act stood for that evening, to postpone it.
consented to the postponement of his motion until Tuesday.
said, that he had a motion respecting the case of Mr. Correa, which stood for that evening, and which he should also postpone. He should mention, that in the absence of the noble lord he had postponed his motion respecting the proceedings of the Congress at Vienna to Monday next; he wished to know whe- ] ther that day was convenient to the noble lord, or whether the noble lord, by some communication on the part of the Prince Regent, would prevent the necessity of that motion? At the time when he had given notice of his motion, he had thought it extraordinary that no such communication was to be made on the part of the noble lord; but now, after the events which had recently happened, it was still more extraordinary that it had not been thought expedient to make the fullest disclosure which could be made consistently with the public service, of the proceedings which had taken place at the Congress, without its being coupled with the fact that it was drawn forth by the motion of an individual member of the House of Commons. He could not, as he saw the noble lord in his place, refrain from protesting—as he had before done at a time when the noble lord was not present—for himself, as an individual, against concurring in any measures which might implicate Great Britain in the civil war which might now have begun in France, on account of the landing of Buonaparté in that country, for any object in which the interests of Great Britain were not immediately concerned.
observed, that not being in possession of the nature of the hon. member's motion, he could not offer any opinion as to the propriety or impropriety of postponing a discussion upon it. For his own part, he had no wish that it should be postponed; indeed, he saw no reason for postponing it at all. He had only requested its being deferred to Wednesday, on account of his health; and he should be glad of an opportunity to give any information which he could afford consistently with his public duty. He should therefore be happy to meet the hon. gentleman on this ground, as soon as possible. He was not aware of any thing which this country had done to preclude him from bringing down such papers as he had alluded to, and accompanying them with any explanations that ought to be communicated. This he thought would be more agreeable to the House than bringing down such papers as from the present state of things could not possibly be complete, and laying them on the table without any explanation at all. As to the conduct of this Government, he was conscious that it would not deviate from that spirit of good faith which had ever guided it in all its transactions with foreign Powers; and he was not aware that any thing had occurred to induce it to change that line of policy which had been so universally approved of. With respect to the general advice of the hon. member, he trusted the House would leave that question to the responsible discretion of his Majesty's ministers; and as to the opinion or remonstrance of the hon. gentleman, he trusted the House would feel that it could not, and without meaning any disrespect to the hon. gentleman, he would say it ought not to have any influence upon their conduct whatever. He trusted the hon. gentleman would not object to the universal feeling which pervaded the House on the subject of the present situation of France. The policy of this Government never had been to interfere in the internal concerns of that country; at the same time they could not but feel, in common with the other nations of Europe, deeply interested in supporting a government which had contributed to give peace to the world, in opposition to that power which now aimed at its subversion. He presumed the hon. gentleman himself was not an exception to this general feeling. As to what measures the government of this country might think proper to take under circumstances which now threatened again to disturb the state of universal peace, he was sure the House would not pardon him, if he were so far to forget his duty, as to hazard any opinion on them.
said, he had no objection to state the nature of his intended motion; it was for an Address to the Prince Regent for a communication of such part of the proceedings at Vienna, as could be made known without injury to the public service. He still thought it extraordinary that the noble lord, on his return from an important mission, would not make any communication to the House until he was, as it were, arraigned before them. In bringing forward his motion he should not neglect to bring before the House those facts by which imputation had been cast on the honour and good faith of the country, which the noble lord would refute if he could. If the noble lord succeeded in justifying himself, he (Mr. W.) should be the first to acknowledge the error into which he had been led by publications which bore the semblance of authority. As to the affairs of France, he had not alluded to them with any idea that he should have been attended to, but to protest, and he again protested, against any ] interference in the affairs of that country, on behalf of one or other of the contending parties.
said, that nothing could be more unobjectionable than the motion of the hon. member, and the course which he meant to pursue. He appealed to the House, whether the communication being withheld was not less extraordinary, than would have been a communication on the part of the Crown, made before the Congress had ended? Was it not most extraordinary that such a communication could have been expected? It was proper also to remark, though he meant not to complain of the conduct of the hon. member, that more questions had been put during the progress of the negociations at Vienna, than it had ever been the habit of parliament on any former occasion.
said, that one of the extraordinary features in the case was the noble lord's appearance in his place. If the affairs of the Congress had not terminated, why had the noble lord returned? Or if his presence there was not necessary, why had he gone thither? If nothing had transpired on the subject of the Congress, no questions would have been heard from him. His questions had been founded on public documents, naturally the subjects of animadversion; and those documents he should bring forward on Monday, as matters of charge against the noble lord, who, if it was possible, might refute them.
said, that unless the noble lord thought proper to disclose the whole of the case, he should not be prepared to give his opinion upon it. He must protest against the House being called upon for an opinion, unless they were put in possession of the whole of the case. He must consider himself bound not to give his approbation on a mere partial statement.
applauded the reserve with which the right hon. gentleman expressed himself on the present occasion; and be could have wished that the same reserve had been more extensively employed upon former occasions.
Petition Of Mr Lovell The Proprietor Of "The Statesman"
presented a Petition from Mr. Lovell, the proprietor of "The Statesman," taking notice of his former Petition presented to the House on the 23d of November last; and setting forth:
"That, since the same was presented, the petitioner has been officially informed, that his Majesty's Government have consented to a remission of the fine of 500l. and a reduction of the sureties to half the amount ordered by the court, and to take the petitioner's recognizance for 1,000l.; and that he is impressed with a due sense of this lenity shown to him; but has still the misfortune to declare, that, owing to the heavy losses sustained during his long imprisonment, he is still unable to give the sureties required, except so far as relates to his own recognizance of 1,000l.; and that the petitioner still continues to labour under severe attacks of disease, and his general health is much impaired; and he therefore again appeals to the justice and humanity of the House to afford him such further relief as to them shall seem tit, for, without such interference, the petitioner expects to terminate his existence within the walls of his prison."
stated, that the fine had been already remitted, and the sum required from the two sureties reduced from 500l. to 250l. each, at the solicitation of a worthy member (Mr. Alderman Atkins.)
said, that the petition acknowledged the lenity of the Crown, but the petitioner was unable to find even the sureties now required. He hoped his Majesty's Government would extend full mercy to this unhappy man, who had suffered a severe sentence, and a great aggravation of it.
joined in the humane intreaties of Mr. Whitbread, and stated the distressed circumstances of Mr. Lovell. He had communicated to Mr. Lovell the intentions of the Government. He had, however, tried all his friends, and could not get any two persons to step forward in the security of 250l. each. There were many gentlemen who would rather pay down the money, than give their names as sureties under such circumstances.
expressed himself satisfied with the conciliatory disposition of his Majesty's Government, and hoped the mercy of the Crown would be still further extended to Mr. Lovell.
thought that the public was entitled to some security, and that it was extraordinary that any man of sufficient character to conduct a newspaper should not be able to find two sureties in the sum of 250l each.
stated, that he had taken occasion to visit Mr. Lovell in Newgate, and that he should not have presented this petition, if he was not fully satisfied of ] the truth of the allegations it contained. The right hon. gentleman who spoke last, appeared not to have recollected the statement of the worthy alderman who had behaved so meritoriously in this transaction, and according to whose observation, many individuals would be ready to subscribe the sum required for Mr. Lovell's surety, who would yet be indisposed to put their names forward as bail for that gentleman. The motives of that indisposition were indeed obvious. As to the right hon. gentleman's observation upon the petitioner's character, which, according to that right hon. gentleman's opinion, could not be respectable, because he found himself unable to procure bail, it ought to have occurred to him that the petitioner was placed in very peculiar circumstances, in no degree affecting his general character, although naturally creating an obstacle to the attainment of bail,—that being in prison he was under the necessity of committing his publication to other hands, by whom he had already been betrayed into farther misfortune. The suffering of the petitioner then was, in a great measure, attributable to the misconduct of others; but this very circumstance must operate to augment the difficulty of procuring bail; for persons would naturally reflect, that they would have to become security, not only for the petitioner himself, but for those to whom he was liable to commit the conduct of his paper. Hence the petitioner might feel a great difficulty in procuring bail, without any imputation upon his general character. He was unwilling to make any statements whatever that could serve to inflame the mind of any one upon this subject; but in fact, the most effectual way of inflaming the public mind, as to the fate of the petitioner, would be to reject the prayer of his petition, and let him die in prison. This, however, he hoped and trusted would not be the conduct of ministers, but that feeling for the unfortunate situation of the petitioner, and seeing his inability to procure bail, they would allow him to be liberated upon his own recognizance.
disclaimed the intention of saying any thing injurious to the private character of the petitioner, of which he really knew nothing; but added, that he could not conceive how any individual or individuals could deem themselves liable to an imputation in paying the sum required for the petitioner's security, if such a disposition existed.
thought the continuance of the petitioner in confinement, furnished demonstrative proof of his incapacity to procure bail, and he was therefore astonished at the doubt expressed upon that point.
concurred in the opinion of the right hon. baronet; for, four months having elapsed since the fine imposed upon the petitioner was remitted, and his security was mitigated, it was obvious that he would not have so long remained in prison, if he were not unable to procure bail.
repeated his hope that ministers would accede to the petitioner's prayer: it was evident, from the extreme length of the petitioner's imprisonment, that the ends of justice could in no degree suffer by the grant of mercy on this occasion; for this was indeed an extreme case, which could not be drawn into precedent, while the punishment suffered by the petitioner, was surely sufficient to make a due impression upon his own mind and upon the mind of others also.
The petition was ordered to lie on the table.