Page images
PDF
EPUB

parties before the war, as if they were inferted here word for word; fo that they are to be exactly obferved, for the future, in their whole tenor, and religiously executed on all fides, in all their points, which shall not be derogated from by the prefent Treaty, notwithstanding all that may have been ftipulated to the contrary by any of the high contracting parties: and all the faid parties declare, that they will not fuffer any privilege, favour, or indulgence, to fubfift, contrary to the Treaties above confirmed, except. what shall have been agreed and stipulated by the prefent Treaty.

Art. III. All the prifoners made, on all fides, as well by land, as by fea, and the hostages carried away, or given during the war, and to this day, fhall be restored, without ranfom, fix weeks, at lateft, to be computed from the day of the exchange of the ratification of the prefent treaty, each crown refpectively paying the advances, which which fhall have been made for the fubfiftence and maintenance of their prisoners, by the Sovereign of the country where they shall have been detained, according to the attefled receipts and estimates, and other authentick vouchers, which fhall be furnished on one fide and the other: And fecurities fhall be reciprocaliy given for the payment of the debts which the prifoners fhall have contracted in the countries, where they have been detained, until their entire liberty. And all the fhips of war and merchant veffels, which fhall have been taken fince the expiration of the terms agreed upon for the ceflation of hoftilities by fea, fhall be likewife reftored bona fide, with all their crews, and cargoes: And the execution of this article fhall be proceeded upon immediately after the exchange of the ratifications of this treaty.

Art. IV. His Moft Chriftian Majefty renounces all pretenfions, which he has heretofore formed, or might form, to Nova Scotia, or Acadia, in all its parts; and guaranties the whole of it, and with it all its dependencies, to

the King of Great Britain: Moreover, his Molt Chriftian Majefty cedes, and guaranties to his faid Britannick Majefty, in full right, Canada, with all its dependencies, as well as the island of Cape Breton, and all the other islands and coafts in the gulph and river of St. Laurence, and, in general, every thing that depends on the faid countries, lands, iflands, and coasts, with the fovereignty, property, poffeffion, and all rights acquired by treaty or otherwife, which the Moft Chriftian King, and the crown of France, have had, till now, over the faid countries, iflands, lands, places, coafts, and their inhabitants, fo that the Moft Chrifian King cedes and makes over the whole to the faid King, and to the crown of Great Britain, and that in the moft ample manner and form, without reftriction, and without any. liberty to depart from the said ceffion and guaranty, under any pretence, or to disturb Great Britain in the poffeffi→ ons above-mentioned. His Britannick Majefty, on his fide, agrees to grant the liberty of the Catholick religion to the inhabitants of Canada: He will, confequently, give the most precise and moft effectual orders, that his new Roman Catholick subjects may profess the worship of their religion, according to the rites of the Romish church, as far as the laws of Great Britain permit. His Britannick Majefty further agrees, that the French inhabitants, or others who had been fubjects of the most Christian King in Canada, may retire, with all fafety and freedom, wherever they fhall think proper, and may fell their eftates, provided it be to the fubjects of his Britannick Majefty, and bring away. their effects, as well as their perfons, without being restrained in their emigration, under any pretence whatfoever, except that of debts, or of criminal profecutions: The term, limi ted for this emigation, fhall be fixed to the fpace of eighteen months, to be computed from the day of the exchange of the ratification of the prefent treaty.

Art. V.

[ocr errors]

Art. V. The fubjects of France shall have the liberty of fishing and drying on a part of the coafts of the Ifland of Newfoundland, fuch as it is fpecified in the XIIIth article of the treaty of Utrecht; which article is renewed and confirmed by the prefent treaty (except what relates to the Ifland of Cape Breton, as well as to the other islands and coafts, in the mouth and in the gulph of St. Laurence): And his Britannick Majefty confents to leave to the fubjects of the Moft Chriftian King the liberty of fishing in the Gulph St. Laurence, on condition that the fubje&ts of France do not exercise the said fifhery, but at the distance of three leagues from all the coafts belonging to Great Britain, as well thofe of the continent, as those of the islands fituated in the faid gulph St. Laurence. And as to what relates to the fishery on the coafts of the island of Cape Breton out of the faid Gulph, the fubjects of the Moft Chriftian King fhall not be permitted to exercise the faid fishery, but at the distance of fifteen leagues from the coafts of the Ifland of Cape Breton; and the fishery on the coafts of Nova Scotia or Acadia, and every where else out of the faid Gulph, shall remain on the foot of former treaties.

Art. VI. The King of Great Britain cedes the Islands of St. Pierre and Miquelon, in full right, to his Moft Christian Majefty, to serve as fhelter to the French fishermen : and his faid Most Christian Majefty engages not to fortify the faid iflands; to erect no buildings upon them, but merely for the convenience of the fishery; and to keep upon them a guard of fifty men only for the police.

Art. VII. In order to re-establish peace on folid and durable foundations, and to remove for ever all fubject of difpute with regard to the limits of the British and French territories on the continent of America; it is agreed, that, for the future, the confines between the dominions of his Britannick Majefty, and

thofe of his Moft Chriftian Majesty, in that part of the world, fhall be fixed irrevocably by a line drawn along the middle of the river Miffifippi, from its fource to the river Iberville, and from thence, by a line drawn along the middle of this river, and the lakes Maurepas and Pontchartrain, to the fea; and for this purpose, the Moft Christian King cedes in full right, and guaranties to his Britannick Majefty, the river and port of the Mobile, and every thing which he poffeffes, or ought to poffefs, on the left fide of the river Miffifippi, except the town of New Orleans, and the island in which it is fituated, which fhall remain to France; provided that the navigation of the river Miffifippi fhall be equally free, as well to the fubjects of Great Britain, as to thofe of France, in its whole breadth and length, from its fource to the fea, and exprefsly that part which is between the faid ifland of New Orleans, and the right bank of that river, as well as the paffage both in and out of its mouth. It is farther ftipulated, that the veffels belonging to the subjects of either nation, fhall not be stopped, vifited, or fubjected to the payment of any duty whatsoever. The ftipulations inferted in the IVth article, in favour of the inhabitants of Canada, fhall alfo take place with regard to the inhabitants of the countries ceded by this article.

Art. VIII. The King of Great Britain fhall restore to France the islands of Guadeloupe, of Marie Galante, of Defirade, of Martinico, and Belleifle; and the fortreffes of thefe islands fhall be restored in the fame condition they were in, when they: were conquered by the British arms; provided that his Britannick Majefty's fubjects who fhall have settled in the faid iflands, or those who shall have any commercial affairs to settle there, or in the other places restored to France by the prefent treaty, fhall have liberty to fell their lands and their eftates, to fettle their affairs, to reco

ver

ver their debts, and bring away their effects, as well as their perfons, on board veffels, which they fhall be permitted to fend to the faid iflands, and other places reftored as above, and which shall ferve for this ufe only, without being restrained on account of their religion, or under any other pretence whatfoever, except that of debts, or of criminal profecutions: and for this purpose the term of eighteen months is allowed to his Britannick Majefty's fubjects, to be computed from the day of the exchange of the ratifications of the prefent treaty: But as the liberty, granted to his Britannick Majefty's fubjects, to bring away their perfons and their effects, in veffels of their nation, may be liable to abuses, if precautions were not taken to prevent them; it has been exprefsly agreed between his Britannick Majefty and his Moft Christian Majefty, that the number of English veffels, which fhall have leave to go to the faid islands and places reftored to France, fhall be limited, as well as the number of tons of each one; that they fhall go in ballast; fhall fet fail at a fixed time; and fhall make one voyage only, all the effects belonging to the English being to be embarked at the fame time It has been further agreed, that his Moft Chriftian Majefty fhall caufe the neceffary paffports to be given to the faid veffels; that, for the greater fecurity, it fhall be allowed to place two French clerks, or guards, in each of the faid veffels, which fhall be vifited in the landing places, and ports of the faid iflands, and places, restored to France, and that the merchandise which fhall be found therein fhall be confifcated.

Art. IX. The Moft Chriftian King cedes and guaranties to his Britannick Majefty, in full right, the iflands of Grenada, and of the Grenadines, with the fame ftipulations in favour of the inhabitantsof this colony, inferted in the VIth Article for thofe of Canada and the partition of the if lands, called Neutral, is agreed and March 1763.

fixed, fo that thofe of St. Vincent, Dominica, and Tobago, fhall remain in full right to Great Britain, and that of St. Lucia fhall be delivered to France, to enjoy the fame likewife in full right; and the high contracting parties guaranty the partition fo fti pulated.

Art. X. His Britannick Majesty fhall reftore to France the island of Goree in the condition it was in when conquered and his Moft Chriftian Majefty cedes in full right, and guaranties to the King of Great Britain, the river Senegal, with the forts and factories of St. Lewis, Podor, and Galam; and with all the rights and de pendencies of the faid river Senegal.

Art. XI. In the Eaft Indies, Great Britain fhall restore to France, in the condition they are now in, the different factories, which that crown poffeffed, as well on the coaft of Coromandel and Orixa, as on that of Malabar, as alfo in Bengal, at the beginning of the year 1749. And his Moft Chriftian Majefty renonnces all pretenfions to the acquifition which he had made on the coaft of Coromandel and Orixa, fince the faid beginning of the year 1749. His Moft Chrif tain Majefty fhail reftore, on his fide, all that he may have conquered. from Great Britain, in the East Indies, during the prefent war; and will exprefsly caufe Nattal and Tapanoully in the lfland of Sumatra, to be restored; he engages further not to ere& fortifications, or to keep troops in any part of the dominions of the Subah of Bengal. And in order to preferve future peace on the coaft of Coromandel and Orixa, the Englifh and French fhall acknowledge Mahomet Ally Khan for lawful Nabob of the Carnatick, and Salabat Jing for lawful Subah of the Decan and both parties fhall renounce all demands and pretenfions of fatisfaction, with which they might charge each other, or their Indian allies, for their depredations, or pillage, committed, on the one fide or on the other, during the war.

U

Art.

Art. XII. The Island of Minorca fhall be reflored to his Britannick Majefty, as well as Fort St. Philip, in the fame condition they were in, when conquered by the arms of the moft Chriftian King; and with the artillery which was there, when the faid ifland and the faid fort were taken.

Art. XII. The town and port of Dunkirk fhall be put into the state fixed by the last treaty of Aix la Chapelle, and by former treaties.. The Cunette fhall be destroyed immediately after the exchange of the atifications of the prefent treaty, as well as the forts and batteries which defend the entrance on the fide of the fea; and provifion fhall be made, at the fame time, for the whole fome. refs of the air, and for the health of the inhabitants, by fome other means, to the fatisfaction of the King of Great Britain.

Art. XIV. France hall reflore all the countries belonging to the electorate of Hanover, to the Landgrave of Heffe, to the Duke of Branfwick, and to the Count of La Lippe Buckebourg, which are or fhall be occupied bythis Moft Chriflian Majefly's arms: the fortreffes of thefe different countries fhall be reflored in the fame con dition they were in when conquered by the French arms; and the pieces of artillery, which fhall have been carried elfew here, fhall be replaced by the fame number, of the fame bore, weight, and metal.

fovereigns: their Britannick and Moft Chriftian Majefties promife to proceed, bona fide, with all the difpatchy the cafe will permit of, to the faid evacuations, the entire completion whereof they ftipulate before the 15th of March next, or fooner if it can be done and, their Britannick and Moil Chriftian Majefties further engage and promife to each other, not to furnish any fuccours, of any kind, to their refpective allies who fhall continue engaged in the war in Germany.

Art. XVI. The decifion of the prizes made in time of peace, by the fubjects of Great Britain, on the Spainiards, fhall be referred to the courts of justice of the almiralty of Great Britain, conformably to the rules established among all nations, fo that the validity of the faid prizes, between the British and Spanish na tions, fhall be decided and judged, according to the law of nations, and according to t eaties in the courts of juice of the nation, who shall have made the capture.

Art. XVII. His Britannick Majefly fall caufe to be demolished all the fortifications which his fubjects fhall have erected in the bay of Honduras, and other places of the territory of Spain in that part of the world, four months after the ratification of the prefent treaty: and his Catholick Majefty fhall not permit his Britannick Majefty's fubjects, or their workmen, to be diluibed, or molefted, under any pretence whatfoever, in the faid places, in their occupation of cutting, loading, and carrying away logwood and for this purpofe they may build without hind

Art. XV. In cafe the ftipulations, contained in the 13th article of the preliminaries, fhould not be compleated at the time of the fignature of the prefent treaty, as well with regard to the evacuations to be made by the armies of France of the fortrefrance, and occupy without interrupies of Cleves, Wefel, Guelders, and of all the countries belonging to the King of Pruffia, as with regard to the evacuations to be made by the British and French armies of the countries which they occupy in Weftphalia, Lower Saxony, on the Lower Rhine, Upper Rhine, and in all the empire, and to the retteat of the troops into the dominions of their refpective

tion, the houfes and magazines which are neceflary for them, for their families, and for their effects: and his Catholick Majefty affures to them, by this article, the full enjoyment of thofe advantages, and powers, on the Spanish coafts and territories, as above ftipulated, immediately after the ratification of the prefent treaty. 3

Art.

At. XVIII. His Catholick Majefly defifts, as well for himself, as for his fucceffors, from all pretenfions, which he may have formed in favour of the Guipufcoans, and other his Fubjects, to the right of fifhing in the neighbourhood of the island of Newfoundland.

"

and shall make one voyage only; all the effects belonging to the English being to be embarked at the fame time: It has been further agreed, that his Catholick Majesty shall caufe the neceflary paffports to be given to the faid veffels; that, for the greater fecurity, it shall be allowed to place two Spania clerks, or guards, in each of the faid veffels, which thall be vifited in the landing places, and ports of the faid ifland restored to Spain, and that the merchandize, which fhall be found therein, fhall be confifcated.

Art. XIX. The King of Great Britain fhall reftore to Spain all the territory, which he has conquered in the island of Cuba, with the fortrefs of the Havanna; and this fortrefs, as well as all the other fortreffes of the faid ifland, fhall be restored in the fame condition they were in when conquered by his Britannick Majefty's arms; provided that his Britannick Majefty's fubjects who fhall have fettled in the faid island, restored to Spain, by the prefent treaty, or thofe who fhall have any commercial affairs to fettle there, fhall have liberty to fell their lands and their eftates, to fettle their affairs, to recover their debts, and to bring away their effects as well as their perfons, on board veffels which they fhall be permitted to fend to the faid ifland reftored as above, and which hall ferve for that ufe only, without being retrained on account of their religion, or under any pretence whatfcever, except that of debts, or of criminal profecution; and for this purpofe; the term of eighteen months is allowed to his Britannick Majefty's fubjects, to be computed from the day of the exchange of the ratifications of the prefent treaty but as the liberty, granted to his Britannick Majefly's fubjects, to bring away their perfons, and their effects, in veffels of their nation, may be liable to abufes, if precautions were not taken to prevent them; it has been exprefsly agreed, between his Britannick Majeity and his Catholick Majefty, that the number of English veffels, which hall have leave to go to the faid ifland restored to Spain, fhall be limited, as well as the number of tons of each one; that they fhall go in ballaft; fhall fet fail at a fixed time;

Art. XX. In confequence of the reftitution ftipulated in the preceding article, his Catholick Majesty cedes and guaranties, in full right to his Britannick Majefty, Florida, with fort St. Auguftin, and the bay of Pensacola, as well as all that Spain poffeffes on the continent of North America, to the east, or to the fouth-east, of the river Miffifippi. And, in general, every thing that depends on the faid countries and lands, with the fovereignty, property, poffeffion, and all rights, acquired by tre ties or otherwife, which the Catholick King and the crown of Spain have had, till now, over the faid countries, lands, places, and other inhabitants; fo that the Catholick King cedes and makes over the whole to the faid King, and to the crown of Great Britain, and that in the most ample manner and form. His Britannick Majefty agrees, on his fide, to grant to the inhabitants of the countries, above ceded, the liberty of the Catholick religion: He will confequently give the moft exprefs and the most effectual orders that his new Roman Catholick fubjects may profefs the worship of their religion, according to the rites of the Romish church, as far as the laws of Great Britain permit: His Britannick Majefty farther agrees, that the Spanish inhabitants, or others who had been fubjects of the Catholick King in the faid countries, may retire, with all fafety and freedom, wherever they think proper; and may fell their eftates, provided it be

U z

[ocr errors]
« PreviousContinue »