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,