ARTICLE XXVII.

vered up to

It is further agreed, that his Majefty and the criminals United States, on mutual requifitions, by them to be deli respectively, or by their respective minifters or justice. officers authorized to make the fame, will deliver up to justice all perfons, who, being charged with murder or forgery, committed within the jurifdiction of either, fhall feek an asylum within any of the countries of the other, provided that this fhall only be done on fuch evidence of criminality, as, according to the laws of the place, where the fugitive or perfon fo charged fhall be found, would justify his apprehenfion and commitment for trial, if the offence had there been committed. The expense of such apprehenfion and delivery fhall be borne and defrayed, by thofe who make the requisition and receive the fugitive.

ARTICLE XXVIII.

It is agreed, that the firft ten articles of this treaty fhall be permanent, and that the fubfequent articles, except the twelfth, fhall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this treaty fhall be exchanged, but fubject to this condition, That whereas the faid twelfth article will expire by the limitation therein contained, at the end of two years from the figning of the preliminary or other articles of peace, which fhall terminate the prefent war in which his Majefty is engaged, it is agreed, that proper meafures fhall by concert be taken, for bringing the fubject of that article into amicable treaty and difcuffion, fo early before the expiration of the faid term, as that new arrangements on that head, may, by that time, be perfected, and ready to take place. But if it should unfortunately happen, that his Majes

Limitation.

Ratifica

tion.

ty and the United States, fhould not be able to agree on fuch new arrangements, in that cafe, all the articles of this treaty, except the first ten, shall then ceafe and expire together.

Laftly. This treaty, when the same shall have been ratified by his Majefty, and by the Prefident of the United States, by and with the advice and confent of their Senate, and the refpective ratifications mutually exchanged, fhall be binding and obligatory on his Majefty and on the faid ftates, and fhall be by them respectively executed, and obferved, with punctuality and the moft fincere regard to good faith; and whereas it will be expedient, in order the better to facilitate intercourse and obviate difficulties, that other articles be propofed and added to this treaty, which articles, from want of time and other circumftances, cannot now be perfected; it is agreed that the faid parties will, from time to time, readily treat of and concerning fuch articles, and will fincerely endeavour fo to form them, as that they may conduce to mutual convenience, and tend to promote mutual fatisfaction and friendship; and that the faid articles, after having been duly ratified, fhall be added to, and make a part of this treaty. In faith whereof, we, the underfigned minifters plenipotentiary of his Majefty the King of Great-Britain, and the United States of America, have figned this present treaty, and have caufed to be affixed thereto the feal of our arms.

Done at London, this nineteenth Day of November, one thousand seven hundred and ninety-four.

GRENVILLE,

L. S.

SIR,

Philadelphia, September 5, 1793.

I AM honored with yours of Auguft 30th." Mine of the 7th of that month affured you that measures were taken for excluding from all further afylum in our ports, veffels armed in them to cruize on nations with which we are at peace, and for the restoration of the prizes the Lovely Lafs, Prince William Henry, and the Jane of Dublin; and that fhould. the measures for reftitution fail in their effect, the Prefident confidered it as incumbent on the United States to make compenfation for the veffels.

We are bound by our treaties with three of the belligerent nations, by all the means in our power, to protect and defend their veffels and effects in our ports, or waters, or on the feas near our fhores, and to recover and restore the fame to the right owners when taken from them. If all the means in our power are used, and fail in their effect, we are not bound by our treaties with thofe nations to make compenfation.

Though we have no fimilar treaty with Great-Britain, it was the opinion of the Prefident, that we fhould ufe towards that nation the fame rule, which under this article, was to govern us with the other nations; and even to extend it to captures made on the high feas, and brought into our ports: if done by veffels which had been armed within them.

Having, for particular reafons, forbore to ufe all the means in our power for the reftitution of the three veffels mentioned in my letter of Auguft 7th, the Prefident thought it incumbent on the United States to make com

penfation for them: And though nothing was faid in that letter of other veffels taken under like circumftances, and brought in after the 5th of June, and before the date of that letter, yet when the fame forbearance had taken place, it was and is his opinion, that compenfation would be equally due.

As to prizes made under the fame circumstances, and brought in after the date of that letter, the Prefident determined, that all the means in our power fhould be used for their reftitution. If these fail, as we should not be bound by our treaties to make compenfation to the other powers in the analogous cafe, he did not mean to give an opinion that it ought to be done to Great-Britain. But ftill if any cases shall arise fubfequent to that date, the circumstances of which fhall place them on fimilar ground with those before it, the Prefident would think compenfation equally incumbent on the United States.

Inftructions are given to the governors of the different states, to ufe all the means in their power for restoring prizes of this last defcription found within their ports. Though they will of course take measures to be informed of them, and the general government has given them the aid of the cuftom-houfe officers for this purpose, yet you will be fenfible of the importance of multiplying the channels of their information as far as fhall depend on yourself, or any perfon under your direction, in order that the governors may use the means in their power for making restitution.

Without knowledge of the capture they cannot restore it. It will always be best to give the notice to them directly; but any information which you fhall be pleafed to fend to me, alfo,

at any time fhall be forwarded to them as quickly as diftance will permit.

Hence you will perceive, Sir, that the Prefident contemplates reftitution or compenfation in the cafe before the 7th August; and after that date, restitution if it can be effected by any means in our power. And that it will be important that you should fubftantiate the fact, that fuch prizes are in our ports or waters. Your Lift of the privateers illicitly armed in our ports is, I believe, correct.

With respect to loffes by detention, waste, fpoliation sustained by veffels taken as beforementioned, between the dates of June 5th and Auguft 7th, it is propofed as a provifional measure, that the collector of the customs of the district, and the British conful, or any other perfon you please, shall appoint perfons to establish the value of the veffel and cargo, at the time of her capture and of her arrival in the port into which fhe is brought, according to their value in that port. If this fhall be agreeable to you, and you will be pleased to fignify it to me, with the names of the prizes understood to be of this description, inftructions will be given accordingly, to the collector of the customs where the refpective veffels are. I have the honor to be, &c.

(Signed,) THOMAS JEFFERSON GEORGE HAMMOND, ESQ.

ADDITIONAL ARTICLE.

It is further agreed between the faid con- Twelfth artracting parties, that the operation of fo much ticle fuf of the twelfth article of the faid treaty as re- pended. fpects the trade which his faid Majefty there