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bers constituting the legislative body pear, that both before and after the shall go out. The first vacating of said day, sundry trespasses, wrongs, seats, shall take place on the 15th and unlawful interruptions and vexof November, 1807 ; and on this oc- ations on trading vessels coming to casion, lot shall determine the mem. the United States, and within their bers to go out. The persons going waters and vicinity, were committed out, shall always be eligible again. by the said armed vessel, the Lean. FIFTH PART.
der, her officers and people; by one Of the Judicial Power
other armed vessel, called the Cam. Art. 1. The judicial tribunals shall brian, commanded by John Nairne, be continued as established in the her officers and people, and by one year 1805.
other armed vessel, called the Driver, 2. The king shall, with regard to commanded by Slingsby Simpson, her the judicial power, exercise all the officers and people, which vessels be. rights, and all the powers which were ing all of the same nation, were aid. assigned to the grand pensionary, by ing and assisting each other in the the 49th, 51st, 56th, 79th, sed, and trespasses, interruptions, and vexa87th articles of the constitution of tions aforesaid. the year 1805.
Now, wherefore, to the end that 3. All that relates to the exercise the said Henry Whitby may be of criminal justice in miltary affairs, brought to justice, and due punishshall be fixed by a particular law. ment inflicted for the said murder, I
do hereby enjoin and require all offi.
cers having authority, civil or milita. A Proclamation by Thomas Jefferson, ry, and to all other persons within
President of the United States of the limits or jurisdiction of the
United States, wheresoever the said
Henry Whitby may be found, now Whereas satisfactory information or hereafter, to apprehend and sehas been received, that Henry Whit. cure the said Henry Whitby, and by, commanding a British armed ves him safely and diligently to deliver sel, called the Leander, did, on the to the civil authority of the place, to 25th day of the month of April last be proceeded against according to past, within the waters and jurisdic law. tion of the United States, and near And I do hereby further require, to the entrance of the harbour of that the said armed vessel the LeanNew York, by a cannon shot fired der, with her other officers and peo. from the said vessel Leander, commit ple, and the said armed vessels, the a murder on the body of John Pierce, Cambrian and Driver, their officers a citizen of the United States, then and people, immediately and without pursuing his lawful vocations within delay, depart from the harbours and the same waters and jurisdiction of waters of the United States. And I the United States, and near to their do for ever interdict the entrance of shores, and that the said Henry all the harbours and waters of the Whitby cannot at this time be United States to the said armed res. brought to justice by the ordinary sels, and to all other vessels which process of the law.
shall be commanded by the said And whereas it does further ap. Henry Whitby, John Vairne, and
Slingsby Slingsby Simpson, or either of our Lord, 1806, and of the sore. then.
reignty and independence of the And if the said vessels, or any of United States the thirtieth. them, shall fail to depart as afore. (Signed) Thomas Jefferson, said, or shall re-enter the harbours
By the President. or, waters aforesaid, I do, in that (Signed) James Madison, case, forbid all intercourse with the
Secretary of State. said armed vessels, the Leander, the Cambrian, and the Driver, or with any of them, and the officers and the Definitive Treaty of Amity and Alli. erews thereof, and do prohibit all ance between the Honourable the supplies and aid from being furnish. English East India Company, and ed them, or any of them. And I do the Maharajah Ali Jah Dozolat declare and make known, that if Row Scindiah Bahadur, and his any person, from or within the ju. Children, Heirs, and Successors. risdictional limits of the United States, shall afford any aid to cither Whereas many doubts and mis. of the said armed vessels, contrary understandings have arisen respect. to the said proclamation, either in ing the clear meaning and interpre. repairing such vessel, or in furnish. tation of parts of the treaty of peace, ing her officers or crew with supplies concluded between the British go. of any kind, or in any manner what. Ternment, and Dowlut Row Scin, soever, or if any pilot shall assist in diah, at Serjee Anjengaum, on tho navigating any of the said armed 30th December, 1803: with a view of vessels, unless it be for the purpose doing away with all such doubts, of carrying them, in the firstinstance, and of preventing the recurrence in beyond the limits and jurisdiction of future of any misunderstanding, this the United States, such person or definitive treaty of amity and alli. persons shall, on conviction, suffer ance is concluded between the two all the pains and penalties by the states, by lieutenant colonel John Jaws provided for such offences: and Malcolm, acting under the immedi. I do hereby enjoin and require all ate direction and superintendance of persons bearing office, civil or mili. the right honourable general Gerard tary, within the United States, and lord Lake, commander in chief of all others, citizens or inhabitants his majesty's and the honourable thereof, or being within the same, company's forces, &c. &c. &c. and with vigilance and promptitude to vested with full powers and au. exert their respective authorities, thority from the honourable sir and to be aiding and assisting to the George Hilaro Barlow, baronet, ap. carrying this proclamation, and eve. pointed by the honourable the court ry part thereof, into full effect. of directors of the said company, to
Ir testimony whereof, I have controul and direct all their atfairs caused the seal of the United States in the East Indies : and Moonshee to be affixed (L. S ) to these pre. Kavil Nyne, vested with full powers sents, and signed the same with my and authority on the part of the hand.
said Maharajah Dowlut Row Scin, Given at the city of Washington, diah. tas 3d day of May, in the year of Article I. Every part of the tres
of peace concluded by general sir 2nd. Plunder of the British resiArthur Wellesley, K. B. at Serjee dency. Anjengaum, except what may be al. 3rd, Cash advanced by Mr. Jen. tered by this engagement, is to re- kins to parties of the Maharajah's main binding upon the two states. troops.
Art. II. The hon. company can 4th. Charges of collection, &c. never acknowledge that Dowlut for the provinces of Dholepoor, Row Scindiah has any claim or right Barree, and Rajah-Kerrah. grounded on the treaty of Serjee Art. V.-With a view of preAnjengaum, to possess the fort of venting any misunderstanding reGualior, or the territories of Gohud, lative to their respective possessions but from considerations of friend. in the quarter of Hindostan, it is ship, it agrees to cede to the maha. agreed that the river Chumbul shall rajah that fortress, and such parts form the boundary between the two of the territory of Gohud as are de states, from the city of Kottah to scribed in the accompanying sche. the west, to the limits of the terri. dule.
tories of Gohud to the east, and Art. III. As a compensation for within that extent of the course of this cession, and to remunerate the the Chumbul, Dowlut Row ScinEnglish government for the annual diah shall have no claim or right to expence incurred in supporting the any rule, tribute, revenues, or pos. rajah of Gohud, Dowlut Row Scin. sessions on its north bank, and the diah agrees on his own part, and hon. company shall have no clain, that of his sirdars, to relinquish, af. or right to any rule, tribute, reve. ter the 1st of January, 1806, all nues, or possessions on the south right and claim whatever to the pen. bank of that river. The Talooks sions of fifteen lacks of rupees, of Bhadek and Sooseperarah, granted to several of the chief offi. which are on the banks of the cers of his state, by the 7th article Jumna, will however remain in the of the aforesaid treaty of Serjee An- possession of the hon. company. jengaum.
Art. VI.-By the 5th article of Art. IV. The hon. company a.. this treaty, which makes the river gree to pay to Dowlat Row Scin- Chumbul the boundary of the two diah the arrears due upon the pen. states, from the city of Kottah to sions granted by the 7th article of the west, to the limits of the terthe treaty of peace, as above men. ritories of Gohud to the east, the tioned, up to the 31st of December, Maharajah resigns all pretensions 1805, and also the balance due up- and claims to any tribute from the on the revenues of Dholepoor, rajah of Boondee, or any other on Rajah Kerrah, and Barree, up to the north bank of the Chumbul, the same date, making deductions within the aforementioned limits, as on the following heads :
also to the countries of Zemoendah, Ist. Pensions forfeited by Bap. Dholepoor, Rajah Kerrah, and Bar. poo Scindiah and Sadasheo Row, ree, anciently in the possession of by acts of hostility towards the the Maharajah, all which now re. British government, to be stopped mains in the possessiog of the hon. from the date of their hostility. company,
Arte . Art. VII.-The hon, company, provinces, and they will consider on consideration of the benefits de. Dovlat Row Scindiah at full liberty rived from the article which makes to make such arrangement as he the Chumbol the boundary between chuses with Jes runt Row Holkar, the two states, and from friendship or with any other branch of the to the Maharajah, agree to grant Holkar family, respecting the to him personally and exclusively claims of that family to tribute from the annual sum of four lacks of the rajahs or others, or to any rupees, to be paid by quarterly possessions situated to the north of instalments through the resident at the river Tapti, and to the south the Durbar; and the hon. company of the river Chumbul : but it is also agree to assign within their clearly to be understood, that as the territories in Hindostan, a jag. company's government agrees not geer (to be holden on the same to concern itself with the arrangefooting as that enjoyed by Balla ments which Scindiah may make Bhye) amounting to a revenue of with the family of Holkar, respect. two lacks of rupees per annum to' ing their claims or hereditary pos. Bacezah Bhye, the wife of Dowlut sessions situated between the Tapti Row Scindiah, and a jaggeer a. and the Chumbul, that government mounting to the sum of one lack of will not take part in any dispute rupees per annum to Chumnah or war which may be the result or Bhye, the daughter of that chief. conseqnence of any such arrangement
Art. VIII.-The hon. company. or settlement. engage to enter into no treaties Art, X.-As Scrjee Row Ghautwith the rajahs of Oudeepoor and ka has acted in a manner calculated Joudpoor and Kottah, or other to disturb the friendship between chiefs, tributaries of Dowlut Row the two states, the Maharajah Scindiah, situated in Malwa, Me. agrees never to admit that chief to war, and Marwar, and in no shape share in his councils, or hold any whatever to interfere with the set. public employment under his go. tlement which Scindiah may make vernment. with those chiefs.
Art. XI.--This treaty, consisting Art. IX.-The hon. company of eleven articles, has been this are now engaged in a war with day settled by lieut. colonel MalJeswunt Row Holkar, and using colm, acting under the directions every exertion for his reduction, of the right hon. lord Lake, on the but should they hereafter make a part of the hon, company, and by peace, or enter into any agreement Moonshee Kavil Nyne, on the part with that chief, they engage pot to of Dowlat Row Scindiah ; lieuterestore to him, or desire to be re- nant-colonel John Malcolm has stored to him, any of the possessions delivered one copy thereof in Perof the family of Holkar, in the pro. sian and English, signed and sealed vince of Malwa, lying between the by himself, to the said Moonshee river Tapti and Chumbul, which Karil Nyne, to be forwarded to the may have been taken by Dowlut Maharajah Dowlut Row Scindiah, Row Scindiah, nor will the hon, and has received from the said Mooncompany interfere in any manner shee Kavil Nyne, a counterpart of whatever in the disposal of those the said treaty signed and sealed by
the said Moonshee. Lieutenant. Row Scindiah, on the 22d of No. colonel John Malcolm engages that vember, 1805. a copy of the said treaty, ratified by the honourable the governor Whereas objections have arisen general, in every respect a counter to the terms of the 5th, 6th, and part of the treaty, now executed 7th articles of the aforesaid treaty, by himself, shall be delivered to it is hereby agreed and declared, Moonshee Kavil Nyne, to be for. that in lieu of those three articles, warded to the Maharajah, within the two following shall be substi. the period of one month from this tuted. date, and ou the delivery of such Article I.-With a view to prea copy to the Maharajah, the treaty vent any misunderstanding relating executed by lieutenant-colonel John to the respective possessions of the Malcolm, under the immediate din honourable company and Maha. rection of the right hon. lord Lake, rajah Dowlut Row Scindiah, in shall be returned: and Moonshee the quarters of Hindostan, the Ma. Kavil Nyne, in like manner en- harajah hereby agrees to cede to the gages, that another copy of the honourable company all the territory said treaty, ratified by the Maha. north of the river Chumbul, which rajah Ali Jah Dowlut Row Scin. was ceded to the Maharajah by the diah, in every respect a counter. 7th article of the treaty of Serjee part of the treaty now executed by Anjengaum, that is to say, the himself, shall be delivered to lieu. whole of the districts of Dhole. tenant-colonel John Malcolm, to pore, Barree, and Rajah Kerrah; be forwarded to the honourable the and the honourable company shall governor general, within the period have no claim or right to any rule, of one month from this date, and tribute, or revenues, or possessions on the delivery of such copy to on the south bank of that river. the honourable the governor gene. The Talooks of Bhadeck and Soo. ral, the treaty executed by Moon. scperarah, which are on the banks shee Kavil Nyne, by virtue of the of the Jumna, will, however, refall powers and authority vested in main in the possession of the hon. him, as abovementioned, shall also company. be returned.
Art. II.-The honourable com. Done at Mustafahpoor, this pany, from friendship to the Matwenty-second day of Nov. Anno harajah, agree to grant him perDomini one thousand eight hundred sonally and exclusively the annual and five, or twenty ninth of Shaban, sum of four lacks of rupees, to be in the year of the Hijerah 1220. paid by quarterly instalments, (Signed) John Malcolm. through the resident at the DurKavil Nyne. bar; and the honourable company,
also agree to assign within their
territories in Hindostan, a jaggeer Declaratory Articles annexed to the (to be holden on the same footing
Treaty concluded between the as that enjoyed by Balla Bhye) Right Honourable Lord Lake on amounting to a revenue of two lacks the Part of the Honourable Com- of rupees per annum, to Bacezah pany, and Maharajah Doxlut Bhye, the wife of Dowlut Row VOL. XLVIII.