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"A Treaty with Great Britain," The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789 to March 3, 1845, 1848.
Excerpts:
A TREATY--August 9, Ratified Aug.22, 1842
To settle and define the boundaries set between the territories of the United States and the possessions of Her Britannic Majesty In North America; for the final suppression of the African slave trade; and for the giving up of criminals, fugitive from justice, in certain cases.
WHEREAS certain portions of the line of boundary between the United States of America
and the British dominions in North America, described in the second article of the
treaty of peace of 1783, have not yet been ascertained and determined, notwithstanding
the repeated attempts which have been heretofore made for that purpose: and whereas
it is now thought to be for the interest of both parties that, avoiding further discussion
of their respective rights, arising in this respect under the said treaty, they should
agree on a conventional line in said portions of the said boundary, such as may be
convenient to both parties, with such equivalents and compensations as are deemed
just and reasonable and whereas, by the treaty concluded at Ghent on the 24th day
of December, 1814, between the United States and His Britannic Majesty, an article
was agreed to and inserted of the following tenor, viz: "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 endeavors to accomplish so desirable an object :"
and whereas, notwithstanding the laws which have at various times been passed by
the two Governments, and the efforts made to suppress it, that criminal traffic is
still prosecuted and carried on: and whereas the United States of America and Her
Majesty the Queen of the United Kingdom of Great Britain and Ireland are determined
that, so far as may be in their power, it shall be effectually abolished and whereas
it is found expedient, for the better administration of justice and the prevention
of crime within the territories and jurisdiction of the two parties, respectively,
that persons committing the crimes hereinafter enumerated, and being fugitives from
justice, should, under certain circumstances, be reciprocally delivered up. The United
States of America and Her Britannic Majesty, having resolved to treat on these several
subjects, have for that purpose appointed their respective plenipotentiaries to negotiate
and conclude a treaty, that is to say, the President of the United States has, on
his part, furnished with full powers Daniel Webster, Secretary of State of the United
States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland
has, on her part, appointed the Right Honorable Alexander Lord Ashburton, a peer
of the said United Kingdom, a member of Her Majesty's most honorable Privy Council,
and Her Majesty's Minister Plenipotentiary on a special mission to the United States,
who, after a reciprocal communication of their respective full powers, have agreed
to and signed the following articles:
[Excerpts]
ARTICLE VIII
[Mutual agreement for the suppression of the slave trade]
The parties mutually stipulate that each shall prepare, equip, and maintain in service, on the coast of Africa, a sufficient and adequate squadron, or naval force of vessels, of suitable numbers and descriptions, to carry in all not less than eighty guns, to enforce, separately and respectively, the laws, rights, and obligations, of each of the two countries, for the suppression of the slave trade; the said squadrons to be independent of each other; but the two Governments stipulating, nevertheless, to give such orders to the officers commanding their respective forces as shall enable them most effectually to act in concert and co-operation, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this article; copies of all such orders to be communicated by each Government to the other, respectively.
ARTICLE IX
[Parties to unite in remonstrances with other powers within whose dominions a market is found for slaves]
Whereas, notwithstanding all efforts which may be made on the coast of Africa for suppressing the slave trade, the facilities for carrying on that traffic, and avoiding the vigilance of cruisers, by the fraudulent use of flags and other means, are so great, and the temptations for pursuing it, while a market can be found for slaves, so strong, as that the desired result may be long delayed, unless all markets be shut against the purchase of African negroes; the parties to this treaty agree that they will unite in all becoming representations and remonstrances, with any and all Powers within whose dominions such markets are allowed to exist; and that they will urge upon all such Powers the propriety and duty of closing such markets effectually, at once and forever.
ARTICLE X
[Criminals to be delivered up to either party, upon requisition, &c.]
It is agreed that the United States and Her Britannic Majesty shall, upon mutual requisitions by them, or their ministers, officers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek an asylum, or shall be found, within the territories of the other: provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment of trial, if the crime or offense had there been committed: and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper Executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition, and receives the fugitive.
ARTICLE XI
[Duration of the treaty]
The eighth article of this treaty shall be in force for five years from the date of the exchange of the ratifications, and afterwards until one or the other party shall signify a wish to terminate it. The tenth article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer.
ARTICLE XII
[Ratifications to be exchanged within six months]
The present treaty shall be duly ratified, and the mutual exchange of ratifications shall take place in London, within six months from the date hereof, or earlier if possible.
In faith whereof, we, the respective Plenipotentiaries, have signed this treaty,
and have hereunto affixed our seals.
Done, in duplicate, at Washington, the ninth day of August, Anno Domini one thousand
eight hundred and forty-two.
DANL. WEBSTER, ( L.S.) ASHBURTON, (L.S.)
