That his Most Christian Majesty's declaration to the British Minister

at Paris, that he will neither treat, nor terminate any negotiation,

unless the interests of his allies and friends shall be considered and

determined, is entirely correspondent to the part, which these United

States are resolved to take in any negotiations for peace;

That Congress, with the utmost satisfaction, embrace this opportunity

to renew their assurances, that, in every event, the United States

will inviolably adhere to their alliance with his Most Christian

Majesty, which they consider to be equally essential to their interest

and their glory;

That they will hearken to no propositions for peace, which shall not

be discussed in confidence and in concert with his Most Christian

Majesty, agreeably to the declaration made to the Minister

Plenipotentiary on the 31st day of May last;[10]

That upon this principle, Congress did not hesitate a moment to reject

the proposition made by the British General and Admiral, as

Commissioners of peace, for admitting Mr Morgan, their Secretary, to

an interview at Philadelphia;

And that they are resolved to prosecute the war with vigor, until a

general peace shall be obtained, in which their allies shall be

comprehended;

That Congress placed the utmost confidence in his Majesty's

assurances, that he will readily employ his good offices in support of

the United States, in all points relative to their prosperity; and

considering the territorial claims of these States, as heretofore

made, their participation of the fisheries and of the free navigation

of the Mississippi, not only as their indubitable right, but as

essential to their prosperity, they trust, that his Majesty's efforts

will be successfully employed to obtain a sufficient provision and

security for those rights. Nor can they refrain from making known to

his Majesty, that any claim of restitution, or compensation for

property confiscated in the several States, will meet with insuperable

obstacles; not only on account of the sovereignty of the individual

States, by which such confiscations have been made, but of the wanton

devastations, which the citizens of these States have experienced from

the enemy, and, in many instances, from the very persons in whose

favor such claim may be urged;

That Congress trust that the circumstances of the allies, at the

negotiation for peace, will be so prosperous as to render these

expectations consistent with the spirit of moderation recommended by

his Majesty.

Ordered, That the Committee, who brought in the report, communicate to

the honorable Minister of France the above answer of Congress to his

communications.

Ordered, That the Secretary for Foreign Affairs transmit, by the first

opportunity, a copy of the same to the Ministers of these States at

foreign Courts.

FOOTNOTES:

[9] See these Notes of a Conference in the _Secret Journals of

Congress_, Vol. III. p. 218.

[10] _Secret Journal_, Vol. III. p. 138.

* * * * *

ARTICLES AGREED ON BETWEEN THE AMERICAN AND

BRITISH COMMISSIONERS.[11]

October 8th, 1782.

Articles agreed upon by and between Richard Oswald, the Commissioner

of his Britannic Majesty, for treating of peace with the Commissioners

of the United States of America, on the behalf of his said Majesty on

the one part, and Benjamin Franklin and John Jay, of the Commissioners

of the said States, for treating of peace with the Commissioner of his

said Majesty on their behalf, on the other part.

To be inserted in, and to constitute the treaty of peace, proposed to

be concluded between the Crown of Great Britain and the said United

States; but which treaty is not to be concluded, until his Britannic

Majesty shall have agreed to the terms of peace between France and

Britain, proposed or accepted by his Most Christian Majesty; and shall

be ready to conclude with him such treaty accordingly. It being the

duty and intention of the United States not to desert their ally, but

faithfully, and in all things to abide by, and fulfil their

engagements with his Most Christian Majesty.

Whereas reciprocal advantages and mutual convenience are found by

experience, to form the only permanent foundation of peace and

friendship between States, it is agreed to frame the articles of the

proposed treaty, on such principles of liberal equality and

reciprocity, as that partial advantages (those seeds of discord) being

excluded, such a beneficial and satisfactory intercourse between the

two countries may be established, as to promise and secure to both the

blessings of perpetual peace and harmony. 1st. His Britannic Majesty

acknowledges the said United States viz. New Hampshire, Massachusetts

Bay, Rhode Island and Providence Plantations, Connecticut, New York,

New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North

Carolina, South Carolina, and Georgia, to be free, sovereign and

independent States; that he treats with them as such; and for himself,

his heirs and successors, relinquishes all claims to the government,

propriety, and territorial rights of the same, and every part thereof;

and that all disputes which might arise in future, on the subject of

the boundaries of the said United States, may be prevented, it is

hereby agreed and declared, that the following are, and shall remain

to be their boundaries, viz.

The said States are bounded north, by a line to be drawn from the

northwest angle of Nova Scotia, along the high lands, which divide

those rivers which empty themselves into the river St Lawrence, from

those which fall into the Atlantic ocean, to the northernmost head of

Connecticut river; thence down along the middle of that river to the

fortyfifth degree of north latitude, and thence due west in the

latitude fortyfive degrees north from the equator, to the

northwesternmost side of the river St Lawrence, or Cadaraqui; thence

straight to the south end of the lake Nipissing, and thence straight

to the source of the river Mississippi, west by a line to be drawn

along the middle of the river Mississippi, from its source to where

the said line shall intersect the thirtyfirst degree of north

latitude; south by a line to be drawn due east from the termination of

the line last mentioned, in the latitude of thirtyone degrees north of

the equator to the middle of the river Apalachicola or Catahouchi;

thence along the middle thereof to its junction with the Flint river;

thence straight to the head of St Mary's river; thence down along the

middle of St Mary's river to the Atlantic ocean; and east by a line to

be drawn along the middle of St John's river, from its source to its

mouth in the Bay of Fundy; comprehending all islands within twenty

leagues of any part of the shores of the United States, and lying

between lines to be drawn due east from the points where the aforesaid

boundaries, between Nova Scotia, on the one part, and East Florida on

the other, shall respectively touch the Bay of Fundy and the Atlantic

ocean.

2dly. From and immediately after the conclusion of the proposed

treaty, there shall be a firm and perpetual peace between his

Britannic Majesty and the United States, and between the subjects of

the one and the citizens of the other; wherefore all hostilities, both

by sea and land, shall then immediately cease; all prisoners on both

sides shall be set at liberty; and his Britannic Majesty shall

forthwith, and without causing any distinction, withdraw all his

armies, garrisons, and fleets, from the said United States, and from

every post, place, and harbor, within the same, leaving in all

fortifications the American artillery that may be therein; and shall

also order and cause all archives, records, deeds, and papers,

belonging to either of the said States, or their citizens, which in

the course of the war, may have fallen into the hands of his officers,

to be forthwith restored, and delivered to the proper States and

persons to whom they belong.

3dly. That the subjects of his Britannic Majesty and people of the

said United States, shall continue to enjoy unmolested, the right to

take fish of every kind on the banks of Newfoundland, and other places

where the inhabitants of both countries used formerly, to wit, before

the last war between France and Britain, to fish and also to dry and

cure the same at the accustomed places, whether belonging to his said

Majesty or to the United States; and his Britannic Majesty and the

said United States will extend equal privileges and hospitality to

each other's fishermen as to their own.

4thly. That the navigation of the river Mississippi, from its source

to the ocean, shall forever remain free and open, and that both there,

and in all rivers, harbors, lakes, ports, and places, belonging to his

Britannic Majesty or to the United States, or in any part of the

world, the merchants and merchant ships, of the one and the other,

shall be received, treated, and protected, like the merchants and

merchant ships of the sovereign of the country. That is to say, the

British merchants and merchant ships, on the one hand, shall enjoy in

the United States, and in all places belonging to them, the same

protection and commercial privileges, and be liable only to the same

charges and duties as their own merchants and merchant ships; and on

the other hand, the merchants and merchant ships of the United

States, shall enjoy in all places belonging to his Britannic Majesty,

the same protection and commercial privileges and be liable only to

the same charges and duties of British merchants and merchant ships,

saving always to the chartered trading companies of Great Britain,

such exclusive use and trade, and their respective posts and

establishments, as neither the subjects of Great Britain, nor any of

the more favored nations participate in.

_Paris, October 8th, 1782._ A true copy of which has been agreed on

between the American Commissioners and me, to be submitted to his

Majesty's consideration.

RICHARD OSWALD.

Alteration to be made in the treaty, respecting the boundaries of Nova

Scotia, viz. East, the true line between which and the United States

shall be settled by Commissioners, as soon as conveniently may be

after the war.

FOOTNOTE:

[11] These Articles were sent to England for the King's consideration.

See _Franklin's Correspondence_, Vol. IV. p. 49.

* * * * *

RICHARD OSWALD TO THE COMMISSIONERS.

Paris, November 4th, 1782.

Gentlemen,

You may remember, that from the very beginning of our negotiations for

settling a peace between Great Britain and America, I insisted that

you should positively stipulate for a restoration of the property of

all those persons, under the denomination of loyalists or refugees,

who have taken part with Great Britain in the present war; or if the

property had been resold and passed into such variety of hands, as to

render the restoration impracticable, (which you asserted to be the

case in many instances) you should stipulate for a compensation or

indemnification to those persons, adequate to their losses. To these

propositions you said you could not accede. Mr Strachey, since his

arrival at Paris, has most strenuously joined me in insisting upon the

said restitution, compensation, or indemnification, and in laying

before you every argument in favor of those demands, founded upon

national honor, and upon the true principles of justice. These demands

you must have understood to extend, not only to all persons of the

above mentioned description, who have fled to Europe, but likewise to

all those who may be now in any parts of North America, dwelling under

the protection of his Majesty's arms or otherwise.

We have also insisted upon a mutual stipulation for a general amnesty

on both sides, comprehending thereby an enlargement of all persons,

who on account of offences, committed or supposed to be committed,

since the commencement of hostilities, may be now in confinement; and

for an immediate repossession of their properties, and peaceable

enjoyment thereof, under the government of the United States. To this

you have not hitherto given a particular or direct answer.

It is, however, incumbent on me, as Commissioner of the King of Great

Britain, to repeat those several demands; and without going over those

arguments upon paper, (which we have so often urged in conversation,)

to press your immediate attention to these subjects, and to urge you

to enter into proper stipulations for the restitution, compensation,

and amnesty above mentioned, before we proceed further in this

negotiation.

I have the honor to be, &c.

RICHARD OSWALD.

* * * * *

ARTICLES TAKEN TO ENGLAND BY MR STRACHEY.[12]

November 5, 1782.

Articles agreed upon by and between Richard Oswald, Commissioner of

his Britannic Majesty, for treating of peace with the Commissioners of

the United States of America, on behalf of his said Majesty on the one

part; and John Adams, Benjamin Franklin, and John Jay, three of the

Commissioners of the said States, for treating of peace with the

Commissioner of his said Majesty, on their behalf, on the other part,

to be inserted in, and to constitute the treaty of peace, proposed to

be concluded between the Crown of Great Britain and the said United

States; but which treaty is not to be concluded until his Britannic

Majesty shall have agreed to the terms of a peace between France and

Britain, proposed or accepted of by his Most Christian Majesty, and

shall be ready to conclude with him such treaty accordingly; it being

the duty and intention of the United States not to desert their ally,

but faithfully and in all things to abide by and fulfil their

engagements with his Most Christian Majesty.

Whereas reciprocal advantages and mutual convenience are found by

experience to form the only permanent foundation of peace and

friendship between States, it is agreed to form the articles of the

proposed treaty on such principles of liberal equality and reciprocity

as that partial advantages (those seeds of discord) being excluded,

such a beneficial and satisfactory intercourse between the two

countries may be established as to promise and secure to both

perpetual peace and harmony.

His Britannic Majesty acknowledges the said United States, viz. New

Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New

Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina,

South Carolina, and Georgia, to be free, sovereign, and independent

States; that he treats with them as such; and for himself, his heirs

and successors, relinquishes all claims to the government, propriety

and territorial rights of the same and every part thereof; and that

all disputes which might arise in future on the subject of the

boundaries of the said United States may be prevented, it is hereby

agreed and declared, that the following are and shall remain to be

their boundaries, viz.

From the northwest angle of Nova Scotia, being that angle which is

formed by a line drawn due north from the source of St Croix river to

the highlands which divide the rivers which empty themselves into the

river St Lawrence from those which fall into the Atlantic ocean, and

along the said highlands to the northwesternmost head of Connecticut

river, thence down along the middle of that river to the 45th degree

of north latitude, following the said latitude until it strikes the

river Mississippi; thence by a line, to be drawn along the middle of

the said river Mississippi, until it shall intersect the northernmost

part of the 31st degree of latitude north of the equator; south, by a

line to be drawn due east from the termination of the line last

mentioned in the latitude of the 31st degree to the middle of the

river Apalachicola or Catahouchi, thence along the middle thereof to

its junction with the Flint river, thence straight to the head of St

Mary's river, and thence down along the middle of St Mary's river to

the Atlantic ocean; east, by a line from the mouth of said St Mary's

river to the mouth of the river St Croix in the Bay of Fundy, and by a

line drawn through the middle of said river to its source, and from

its source directly north to the aforesaid highlands, which divide the

rivers which fall into the Atlantic ocean from those which empty

themselves into the river St Lawrence, comprehending all islands

within twenty leagues of any part of the shores of the United States,

and lying between lines to be drawn due east from the points where the

aforesaid boundaries of St Croix river and St Mary's river shall

respectively touch the Bay of Fundy and the Atlantic ocean.

It is agreed, that all such royalists or refugees, as well as all such

British merchants or other subjects as may be resident in any of the

United States at the time of the evacuation thereof by the arms and

garrisons of his Britannic Majesty, shall be allowed six months

thereafter to remove to any part of the world; and also, at their

election, to dispose of, within the said term, or to carry with them

their goods and effects. And it is understood, that the said States

shall extend such further favor to the said merchants, and such

amnesty and clemency to the said refugees, as their respective

circumstances and the dictates of justice and humanity may render just

and reasonable; and particularly, that amnesty and indemnity be

granted to all such of the said refugees, as may be unaffected by

acts, judgments, or prosecutions, actually passed or commenced a month

previous to such evacuation.

That the subjects of his Britannic Majesty and the people of the said

United States, shall continue to enjoy unmolested, the right to take

fish of every kind on all the Banks of Newfoundland, also in the Gulf

of St Lawrence, and all other places where the inhabitants of both

countries used at any time heretofore to fish; and also to dry and

cure their fish on the shores of the Isle of Sables, Cape Sables, and

the shores of any of the unsettled bays, harbors or creeks of Nova

Scotia, and of the Magdalen Islands. And his Britannic Majesty and the

said United States will extend equal privileges and hospitality to

each other's fishermen as to their own.

Whereas certain of the United States, excited thereto by the

unnecessary destruction of private property, have confiscated all

debts due from their citizens to British subjects; and also in certain

instances, lands belonging to the latter; and whereas, it is just that

private contracts made between individuals of the two countries before

the war, should be faithfully executed; and as the confiscation of the

said lands may have a latitude not justifiable by the law of nations,

it is agreed, that British creditors shall, notwithstanding, meet with

no lawful impediment to recovering the full value or sterling amount

of such _bona fide_ debts as were contracted before the year 1775. And

also, that Congress will recommend to the said States, so to correct

(if necessary) their said acts respecting the confiscation of the

lands in America, belonging to real British subjects, as to render the

said acts consistent with perfect justice and equity. As to the

cession made of certain lands in Georgia, by a number of Indians

there, on the 1st of June, 1773, for the purpose of paying the debts

due from them to a number of traders, the American Commissioners say,

that the State of Georgia is alone competent to consider and decide on

the same; for that it being a matter of internal police, with which

neither Congress nor their Commissioners are authorised to interfere,

it must of necessity be referred to the discretion and justice of that

State, who, without doubt, will be disposed to do what may be just

and reasonable on the subject.

Similar reasons and considerations constrain the Commissioners to

give the like answer to the case of Mr Penn's family.

From and immediately after the conclusion of the proposed treaty,

there shall be a perpetual and firm peace, &c. (the same as the second

article in the preceding set of articles.)

That the navigation of the river Mississippi from its source to the

ocean, shall forever remain free and open.

SEPARATE ARTICLE. It is hereby understood and agreed, that in case

Great Britain at the conclusion of the present war shall be, or be put

in possession of West Florida, the line of north boundary between the

said Province and the United States, shall be a line drawn from the

mouth of the river Yazoo, where it unites with the Mississippi, due

east to the river Apalachicola, and thence along the middle of that

river to its junction with the Flint river, &c.

FOOTNOTE:

[12] These Articles were agreed to after the return of the first set,

which had been sent to England October 8th. See above p. 80.

* * * * *

H. STRACHEY TO THE COMMISSIONERS.

Paris, November 5th, 1782.

Gentlemen,

Knowing the expectation of the King's Ministers, that a full indemnity

shall be provided for the whole body of refugees, either by a

restitution of their property or by some stipulated compensation for

their losses, and being confident, as I have repeatedly assured you,

that your refusal upon this point will be the great obstacle to a

conclusion and ratification of that peace, which is meant as a solid

perfect, permanent reconciliation and reunion between Great Britain

and America, I am unwilling to leave Paris without once more

submitting the matter to your consideration. It affects equally, in my

opinion, the honor and the humanity of your country and of ours. How

far you will be justified in risking every favorite object of America,

by contending against those principles, is for you to determine.

Independence, and more than a reasonable possession of territory, seem

to be within your reach. Will you suffer them to be outweighed by the

gratification of resentment against individuals? I venture to assert,

that such a conduct has no parallel in the history of civilized

nations.

I am under the necessity of setting out by two o'clock today; if the

time is too short for your reconsideration, and final determination of

this important point, I shall hope that you will enable Mr Oswald to

despatch a messenger after me, who may be with me before morning at

Chantilly, where I propose sleeping tonight, or who may overtake me

before I arrive in London, with a satisfactory answer to this letter.

I have the honor to be, &c.

H. STRACHEY.

* * * * *

TO RICHARD OSWALD.

Paris, November 5th, 1782.

Sir,

In answer to the letter you did us the honor to write on the 4th

instant, we beg leave to repeat what we often said in conversation,

viz; that the restoration of such of the estates of refugees as have

been confiscated is impracticable, because they were confiscated by

laws of particular States, and in many instances have passed by legal

titles through several hands. Besides, Sir, as this is a matter

evidently appertaining to the internal polity of the separate States,

the Congress, by the nature of our constitution, have no authority to

interfere with it.

As to your demand of compensation to those persons, we forbear

enumerating our reasons for thinking it ill founded. In the moment of

conciliatory overtures, it would not be proper to call certain scenes

into view, over which a variety of considerations should induce both

parties at present to draw a veil. Permit us therefore only to repeat,

that we cannot stipulate for such compensation, unless on your part it

be agreed, to make retribution to our citizens for the heavy losses

they have sustained by the unnecessary destruction of private

property.

We have already agreed to an amnesty more extensive than justice

required, and full as extensive as humanity could demand. We can

therefore only repeat that it cannot be extended farther. We should be

sorry, if the absolute impossibility of our complying further with

your propositions, should induce Great Britain to continue the war for

the sake of those who caused and prolonged it. But if that should be

the case, we hope that the utmost latitude will not be again given to

its rigors.

Whatever may be the issue of this negotiation, be assured, Sir, that

we shall always acknowledge the liberal, manly, and candid manner in

which you have conducted it, and that we shall remain, with the

warmest sentiments of esteem and regard, Sir, your most obedient and

very humble servants,

JOHN ADAMS,

B. FRANKLIN,

JOHN JAY.

* * * * *

TO H. STRACHEY.

Paris, November 6th, 1782.

Sir,

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