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(December
24, 1814) Peace,
allegory of the Treaty of Ghent, 24th
December 1814, by John Rubens Smith
(1775-1849) The Treaty of Ghent
ended
the War of 1812 between the
United States and Great Britain. Peace
negotiations between the two
belligerents began in Ghent, Belgium,
in August of 1814. After four months of
talks, the treaty was signed on
December 24, 1814. The Senate
unanimously ratified the Treaty of
Ghent on February 16, 1815. 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 THE FIRST. 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 THE SECOND. Immediately after the ratifications
of this Treaty by both parties as
hereinafter mentioned, orders shall be
sent to the Armies, Squadrons,
Officers, Subjects, and Citizens of the
two Powers to cease from all
hostilities: and to prevent all causes
of complaint which might arise on
account of the prizes which may be
taken at sea after the said
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 THE THIRD. 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 THE FOURTH. 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 respectely 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 parse 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 THE FIFTH. Whereas neither that point of the
Highlands lying due North from the
source of the River St Croix, and
designated in the former Treaty of
Peace between the two Powers as the
North West Angle of Nova Scotia, nor
the North Westernmost 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
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 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 se 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 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. ARTICLE THE SIXTH. Whereas by the former Treaty of
Peace that portion of the boundary of
the United States from the point where
the fortyfifth 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 THE SEVENTH. 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 North Western
point of the Lake of the Woods;-to
decide to which of the two Parties the
several Islands lying in the Lakes,
water communications, and Rivers
forming the said boundary do
respectively belong in conformity with
the true intent of the said Treaty of
Peace of one 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 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 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 THE EIGHTH. 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 THE NINTH. 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 THE TENTH. Whereas the Traffic in Slaves is
irreconcilable with the principles of
humanity and Justice, and whereas both
His Majesty and the United States are
desirous of continuing their efforts to
promote its entire abolition, it is
hereby agreed that both the contracting
parties shall use their best endeavours
to accomplish so desirable an
object. ARTICLE THE ELEVENTH. This Treaty when the same shall have
been ratified on both sides without
alteration by either of the 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 "The
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