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ARTICLE IV.

All grants of land heretofore made by either party, within the limits of the territory which by this treaty falls within the dominions of the other party, shall be held valid, ratified, and confirmed to the persons in possession under such grants, to the same extent as if such territory had by this treaty fallen within the dominions of the party by whom such grants were made; and all equitable possessory claims, arising from a possession and improvement, of any lot or parcel of land, by the person actually in possession, or by those under whom such person claims, for more than six years before the date of this treaty, shall, in like manner, be deemed valid, and be confirmed and quieted by a release to the person entitled thereto, of the title to such lot or parcel of land, so described as best to include the improvements made thereon; and in all other respects the two contracting parties agree to deal upon the most liberal principles of equity with the settlers actually dwelling upon the territory falling to them, respectively, which has heretofore been in dispute between them.

ARTICLE V.

Whereas, in the course of the controversy respecting the disputed territory on the Northeastern boundary, some moneys have been received by the authorities of Her Britannic Majesty's province of New Brunswick, with the intention of preventing depredations on the forests of the said territory, which moneys were to be carried to a fund called the "disputed territory fund," the proceeds whereof, it was agreed, should be hereafter paid over to the parties interested, in the proportions to be determined by a final settlement of boundaries: It is hereby agreed, that a correct account of all receipts and payments on the said fund shall be delivered to the Government of the United States, within six months after the ratification of this treaty; and the proportion of the amount due thereon to the States of Maine and Massachusetts, and any bonds or securities appertaining thereto, shall be paid and delivered over to the Government of the United States; and the Government of the United States agrees to receive for the use of, and pay over to, the States of Maine and Massachusetts, their respective por

tions of said fund; and further to pay and satisfy said States, respectively, for all claims for expenses incurred by them in protecting the said heretofore disputed territory, and making a survey thereof, in 1838; the Government of the United States agreeing, with the States of Maine and Massachusetts, to pay them the further sum of three hundred thousand dollars, in equal moieties, on account of their assent to the line of boundary described in this treaty, and in consideration of the conditions and equivalents received therefor, from the Government of Her Britannic Majesty.

[Art. VI. provides for the appointment of two commissioners to mark the boundary between the St. Croix and the St. Lawrence.]

ARTICLE VII.

It is further agreed, that the channels in the river St. Lawrence, on both sides of the Long Sault islands, and of Barnhart island; the channels in the river Detroit, on both sides of the island Bois Blanc, and between that island and both the American and Canadian shores; and all the several channels and passages between the various islands lying near the junction of the river St. Clair with the lake of that name, shall be equally free and open to the ships, vessels, and boats of both parties.

ARTICLE VIII.

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.

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.

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 for trial, if the crime or offence 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 appre

hension and delivery shall be borne and defrayed by the party who makes the requisition, and receives the fugitive.

ARTICLE XI.

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.

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No. 97. Joint Resolution for the Annexation of Texas

March 1, 1845

IN 1821 the United States of Mexico, until then a part of the Spanish possessions in America, became independent. The provinces of Coahuila and Texas were united as a State, and in 1827 formed a constitution. In 1835 the State declared its independence of Mexico, and in 1836 proclaimed itself the Republic of Texas. The independence of Texas was acknowledged in 1837 by the United States, Great Britain, France, and Belgium, but not by Mexico; and in 1838 a treaty for marking the boundary between Texas and the United States was concluded at Washington. As early as 1821 attempts had been made by Americans from the southern States to gain a foothold in Texas; but propositions by the United States in 1827 and 1829 to purchase Texas were not accepted, and in 1830 "orders were issued to prevent any further emigration from the United States." From 1843 onward annexation became a prominent question, advocated chiefly in the South. In 1844, however, both Van Buren and Clay, respectively the leading Democratic and Whig candidates for the presidency, declared against it, and a treaty for annexation, concluded April 12, 1844, was rejected by the Senate. The election of Polk was regarded as a victory for the annexation policy. December 12, 1844, Ingersoll of Pennsylvania, chairman of the House Committee on Foreign Affairs, reported a joint resolution for annexation, which passed the House Jan. 25, by a vote of 120 to 98. February 4, in the Senate, Archer of Virginia, chairman of the Committee on Foreign Relations, to which had been referred the resolution of the House, together with several similar propositions originating in the Senate, made a report recommending the rejection of the House resolution. The resolution was, however, taken Signed: "Danl. Webster, Ashburton." — ED.

up by the Senate Feb. 13, and considered daily until the 27th, when it passed, in an amended form, without a division, the vote on the third reading being 27 to 25. On the 28th, by a vote of 134 to 77, the House concurred in the Senate amendments, and March 1 the resolution was approved. The terms proposed were agreed to by the Congress of Texas June 18, and by a convention at Austin July 4. A State constitution was ratified Oct. 13, by popular vote, and by joint resolution of Dec. 29 Texas was admitted as a State. The area acquired by the annexation was 371,063 square miles.

REFERENCES. Text in U. S. Stat. at Large, V., 797, 798. For the proceedings of Congress, see the House and Senate Journals, 28th Cong., 2d Sess.; for the debates, see the Cong. Globe, or Benton's Abridgment, XV. For the diplomatic correspondence, etc., see Senate Doc. 1, 13 and 30, 28th Cong., 2d Sess., and Senate Doc. 1, 29th Cong., 1st Sess. Archer's report is Senate Doc. 79, 28th Cong., 2d Sess.

Joint Resolution for annexing Texas to the United States.

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Resolved. That Congress doth consent that the territory properly included within, and rightfully belonging to the Republic of Texas, may be erected into a new State, to be called the State of Texas, with a republican form of government, to be adopted by the people of said republic, by deputies in convention assembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union.

2. And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, and with the following guarantees, to wit: First, Said State to be formed, subject to the adjustment by this government of all questions of boundary that may arise with other governments; and the constitution thereof, with the proper evidence of its adoption by the people of said Republic of Texas, shall be transmitted to the President of the United States, to be laid before Congress for its final action, on or before the first day of January, one thousand eight hundred and forty-six. Second, Said State, when admitted into the Union, after ceding to the United States, all public edifices, fortifications, barracks, ports and harbors, navy and navy-yards, docks, magazines, arms, armaments, and all other property and means pertaining to the public defence belonging to said Republic of Texas, shall retain all the public funds, debts, taxes, and dues of every kind, which may beong to or be due and owing said republic; and shall also retain all the vacant and unappropriated lands lying within its limits, to

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