evacuation of New York have been despatched, and that no avoidable
delay will retard that event. Had we proposed to fix a time for it,
the British Commissioner would have contended, that it should be a
time posterior to the date of the definitive treaty, and that would
have been probably more disadvantageous to us, than as that Article
now stands.
We are surprised to hear, that any doubts have arisen in America,
respecting the time when the cessation of hostilities took place
there. It most certainly took place at the expiration of one month
after the date of that declaration, in all parts of the world, whether
by land or sea, that lay north of the latitude of the Canaries.
The ships afterwards taken from us, in the more northerly latitudes,
ought to be reclaimed and given up. We shall apply to Mr Hartley on
this subject, and also on that of the transportation of negroes from
New York, contrary to the words and intention of the provisional
articles.
We have the honor to be, &c.
JOHN ADAMS,
B. FRANKLIN,
JOHN JAY.
* * * * *
TO ROBERT R. LIVINGSTON.
Paris, July 27th, 1783.
Sir,
The definitive treaties between the late belligerent powers are none
of them yet completed. Ours has gone on slowly, owing partly to the
necessity Mr Hartley, successor of Mr Oswald, thinks himself under of
sending every proposition, either his own or ours, to his Court for
their approbation, and their delay in answering, through negligence
perhaps, since they have heard our ports are open, or through
indecision, occasioned by ignorance of the subject, or through want of
union among the Ministers. We send you herewith copies of several
papers, that have passed between us. He has for some time assured us,
that he is in hourly expectation of answers, but they do not arrive.
The British Proclamation, respecting the commerce, appears to vex him
a good deal. We enclose a copy. And we are of opinion, that finally we
shall find it best to drop all commercial articles in our definitive
treaty, and leave everything of that kind to a future special treaty,
to be made either in America or in Europe, as Congress shall think fit
to order. Perhaps it may be best to give powers for that purpose to
the Minister, that probably will be sent to London. The opinion here
is, that it will be becoming in us to take the first step towards the
mutual exchange of Ministers, and we have been assured by the English
Minister, who treats with us here, that ours will be well received.
The Dutch preliminaries are not yet agreed on, and it seems to be
settled, that we are to sign all together, in the presence of the
Ministers of the two Imperial Courts, who are to be complimented with
the opportunity of signing as mediators, though they have not yet, and
perhaps will not be consulted in the negotiations. Mr Adams has gone
to Holland for three weeks, but will return sooner if wanted. The
propositions you mention, as made to us from that State, we suppose he
has given you an account of. Nothing was, or is likely to be, done
upon them here, and therefore it was less necessary to say anything
concerning them. A Minister from thence has been gone some time to
Congress, and if he has those propositions in charge, they will best
be considered there.
With great esteem, we have the honor to be, &c.
B. FRANKLIN,
JOHN JAY.
* * * * *
PROJECT FOR A DEFINITIVE TREATY OF PEACE.
_Project for the Definitive Treaty of Peace and Friendship,
between his Britannic Majesty and the United States of America,
concluded at ---- the ---- day of ---- 1783._
Be it known to all those, to whom it shall or may in any manner
belong.
It has pleased the Most High to diffuse the spirit of union and
concord among the nations, whose divisions had spread troubles in the
four parts of the world, and to inspire them with the inclination to
cause the comforts of peace, to succeed to the misfortunes of a long
and bloody war, which having arisen between Great Britain and the
United States of America, in its progress communicated itself to
France, Spain, and the United Netherlands.
Consequently the United States of America, did, on the fifteenth of
June, in the year of our Lord one thousand seven hundred and
eightyone, name and appoint their Ministers Plenipotentiary, and
resolve, ordain, and grant their Commission in the following words,
viz. [See page 71.]
And his Majesty, the King of Great Britain, did on the twentyfirst day
of September, in the twentysecond year of his reign, issue his
Commission, under the great seal of Great Britain, to Richard Oswald,
in the words following, viz. [See page 80.]
And his said Britannic Majesty, on the one part, and the said United
States of America on the other, did lay the foundations of peace in
the preliminaries, signed at Paris, on the thirtieth of November last,
by the said Richard Oswald, on the part of his said Majesty, and by
the said John Adams, Benjamin Franklin, John Jay, and Henry Laurens,
on the part of the said United States, in virtue of their respective
full powers aforesaid, and after having mutually shown to each other
their said full powers in good form, and mutually exchanged
authenticated copies of the same.
And his said Britannic Majesty did, on the twentyfourth day of July,
in the year of our Lord one thousand, seven hundred and eightytwo, and
in the twentysecond year of his reign, issue his Commission, signed
with his royal hand, and under the great seal of Great Britain, to
Alleyne Fitzherbert, in the following words, viz. [Here follows the
Commission.]
And the said Alleyne Fitzherbert, on the part of his said Britannic
Majesty, and John Adams and Benjamin Franklin, in the necessary
absence of the said John Jay and Henry Laurens, on the part of the
said United States, did, at Versailles, on the twentieth day of
January last, communicate to each other their full powers aforesaid,
in good form, and agreed upon an armistice in the words following;
[See pp. 121, 123.]
And his Britannic Majesty did on the ---- day of ---- in the year of
our Lord, one thousand seven hundred and eightythree, and in the
twentythird year of his reign, issue his Commission, signed with his
royal hand, and under the great seal of Great Britain, to David
Hartley, in the following words, viz.; [Here follows the Commission.]
And now the said David Hartley, Minister Plenipotentiary of his said
Britannic Majesty, in behalf of his said Majesty on the one part, and
John Adams, Benjamin Franklin, and John Jay, Ministers Plenipotentiary
of the said United States of America, in behalf of the said States on
the other, having communicated to each other their aforesaid full
powers in good form, and mutually exchanged authenticated copies of
the same, have, by virtue thereof agreed, and do hereby agree and
conclude upon the Articles, the tenor of which is as follows, viz.
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 this
treaty on such principles of liberal equity 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.
ARTICLE I.
The same as Article 1st of the preliminary treaty, but finishing at
"every part thereof."
ARTICLE II.
The same as Article 2d of the preliminary treaty, but commencing with
the remaining part of Article 1st, "and that all disputes," &c. and
ending with the words, "and the Atlantic ocean."
ARTICLE III.
The same as Article 3d of the preliminary treaty.
ARTICLE IV.
It is agreed, that creditors on either side, shall meet with no lawful
impediment to the recovery of the full value in sterling money of all
_bona fide_ debts heretofore contracted, excepting that the
respective governments on both sides may, if they think proper, pass
acts directing, that, in consideration of the distresses and
disabilities brought on by the war, and by the interruption of
commerce, no execution shall be issued on a judgment to be obtained in
any such case, until after the expiration of three years from the date
of this definitive treaty; nor shall such judgments include any
allowance for interest for the time that passed during the war, and
until the signing hereof.
ARTICLE V.
And whereas doubts have arisen concerning the true construction of the
5th Article of the provisional treaty, and great difficulties are
likely to arise in its execution, it is hereby agreed, that the same
shall be declared void, and omitted in this definitive treaty.
And, instead thereof, it is agreed, that as exact an account as may
be, shall be taken by Commissioners to be appointed for that purpose
on each part, of all seizures, confiscations, or destruction of
property belonging to the adherents of the Crown of Great Britain in
America, (exclusive of prizes made at sea, and debts mentioned in the
preceding Article,) and an account of all seizures, confiscations, or
destruction of property belonging to the adherents of the United
States residing either therein, or in Canada; and the said property
being duly appraized and valued, the accounts thereof shall be
compared, and the balance shall be paid in money by the party, which
has suffered least, within one year after such adjustment of the said
accounts. And it is further agreed, that all persons, who have any
interest in confiscated lands, either by debts, or marriage
settlements, or otherwise, shall meet with no lawful impediment in the
prosecution of their just rights.
ARTICLE VI.
The same as Article 6th of the preliminary treaty.
ARTICLE VII.
There shall be a firm and perpetual peace between his Britannic
Majesty and the said States, and between the subjects of the one, and
the citizens of the other. And his Britannic Majesty shall; with all
convenient speed, and without causing any destruction, or carrying
away any negroes, or other property of the American inhabitants,
withdraw all his armies, garrisons, and fleets from the said United
States, and from every port, 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 any 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. And all destruction of property, or
carrying away of negroes, or other property belonging to the American
inhabitants, contrary to the above stipulation, shall be duly
estimated and compensated to the owners.
ARTICLE VIII.
The navigation of the rivers Mississippi and St Lawrence from their
sources to the ocean, shall forever remain free and open to the
subjects of Great Britain and the citizens of the United States.
ARTICLE IX.
The prisoners made respectively by the arms of his Britannic Majesty
and the United States, by land and by sea, not already set at
liberty, shall be restored reciprocally and _bona fide_, immediately
after the ratification of the definitive treaty, without ransom, and
on paying the debts they may have contracted during their captivity;
and each party shall respectively reimburse the sums which shall have
been advanced for the subsistence and maintenance of their prisoners
by the sovereign of the country where they shall have been detained,
according to the receipts and attested accounts and other authentic
titles, which shall be produced on each side to commissioners, who
shall be mutually appointed for the purpose of settling the same.
ARTICLE X.
His Britannic Majesty shall employ his good offices and interposition
with the King or Emperor of Morocco or Fez, the Regencies of Algiers,
Tunis, and Tripoli, or with any of them, and also with every other
Prince, State, or Power of the coast of Barbary in Africa, and the
subjects of the said King, Emperor, States, and Powers, and each of
them, in order to provide, as fully and efficaciously as possible, for
the benefit, conveniency and safety of the said United States, and
each of them, their subjects, people, and inhabitants, and their
vessels and effects, against all violence, insult, attacks, or
depredations, on the part of the said Provinces and States of Barbary,
or their subjects.
ARTICLE XI.
If war should hereafter arise between Great Britain and the United
States, which God forbid, the merchants of either country, then
residing in the other, shall be allowed to remain nine months to
collect their debts and settle their affairs, and may depart freely,
carrying off all their effects, without molestation or hinderance. And
all fishermen, all cultivators of the earth, and all artisans or
manufacturers, unarmed and inhabiting unfortified towns, villages, or
places, who labor for the common subsistence and benefit of mankind,
and peaceably follow their respective employments, shall be allowed to
continue the same, and shall not be molested by the armed force of the
enemy, in whose power, by the events of war, they may happen to fall;
but if anything is necessary to be taken from them for the use of such
armed force, the same shall be paid for at a reasonable price. All
merchants or traders, with their unarmed vessels employed in commerce,
exchanging the products of different places, and thereby rendering the
necessaries, conveniences and comforts of human life more easy to
obtain, and more general, shall be allowed to pass freely unmolested.
And neither of the powers, parties to this treaty, shall grant or
issue any commission to any private armed vessel, empowering them to
take or destroy such trading ships or interrupt such commerce.
ARTICLE XII.
And in case either of the contracting parties shall happen to be
engaged in war with any other nation, it is further agreed, in order
to prevent all the difficulties and misunderstandings that usually
arise respecting the merchandise heretofore called contraband, such as
arms, ammunition, and military stores of all kinds, that no such
articles carrying by the ships or subjects of one of the parties to
the enemies of the other, shall, on any account, be deemed contraband,
so as to induce confiscation and a loss of property to individuals;
nevertheless, it shall be lawful to stop such ships and detain them
for such length of time as the captors may think necessary to prevent
the inconvenience or damage that might ensue from their proceeding on
their voyage, paying, however, a reasonable compensation for the loss
such arrest shall occasion to the proprietors. And it shall further be
allowed to use in the service of the captors, the whole, or any part
of the military stores so detained, paying to the owners the full
value of the same, to be ascertained by the current price at the place
of its destination.
ARTICLE XIII.
The citizens and inhabitants of the said United States, or any of
them, may take and hold real estates in Great Britain, Ireland, or any
other of his Majesty's dominions, and dispose by testament, donation,
or otherwise, of their property, real or personal, in favor of such
persons as to them shall seem fit; and their heirs, citizens of the
United States, or any of them, residing in the British dominions, or
elsewhere, may succeed them, _ab intestato_, without being obliged to
obtain letters of naturalization.
The subjects of his Britannic Majesty shall enjoy on their part, in
all the dominions of the said United States, an entire and perfect
reciprocity, relative to the stipulations contained in the present
Article.
ARTICLE XIV.
His Majesty consents, that the citizens of the United States may cut
logwood as heretofore in the district allotted to his subjects by the
treaty with Spain, on condition that they bring or send the said
logwood to Great Britain, or Ireland, and to no other part of Europe.
ARTICLE XV.
All the lakes, rivers, and waters, divided by the boundary line, or
lines, between his Britannic Majesty's territories and those of the
United States, as well as the rivers mentioned in Article ---- shall
be freely used and navigated by the subjects and citizens of his said
Majesty and of the said States, in common over the whole extent or
breadth of the said lakes, rivers and waters. And all the carrying
places, on which side soever situated of the said dividing waters, or
between the said rivers and the waters or territories of either of the
parties, may and shall be freely used by the traders of both, without
any restraint, demand of duties, or tax, or any imposition whatsoever,
except such as inhabitants of the country may be subject to.
ARTICLE XVI.
That in all places belonging to the United States, or either of them,
in the country adjoining to the water line of division, and which,
during the war, were in his Majesty's possession, all persons at
present resident or having possessions or occupations as merchants or
otherwise, may remain in the peaceable enjoyment of all civil rights,
and in pursuit of their occupations, unless they shall within seven
years from the date hereof, receive notice from Congress or the State
to which any such place may appertain, to remove, and that upon any
such notice of removal a term of two years shall be allowed for
selling or withdrawing their effects and for settling their affairs.
ARTICLE XVII.
It is further agreed, that his Britannic Majesty's forces, not
exceeding ---- in number, may continue in the posts now occupied by
them, contiguous to the water line, until Congress shall give them
notice to evacuate the said posts, and American garrisons shall arrive
at said posts for the purpose of securing the lives, property, and
peace of any persons settled in that country, against the invasion or
ravages of the neighboring Indian nations, who may be suspected of
retaining resentments in consequence of the late war.
ARTICLE XVIII.
It is further agreed, that his Britannic Majesty shall cause to be
evacuated the ports of New York, Penobscot and their dependencies,
with all other posts and places in possession of his Majesty's arms
within the United States, in three months after the signing of this
treaty, or sooner if possible, excepting those posts contiguous to the
water line abovementioned, which are to be evacuated on notice as
specified in Article XVII.
ARTICLE XIX.
It is agreed that all vessels, which shall have been taken by either
party from the other, after the term of twelve days within the Channel
or the North Seas, or after the term of one month anywhere to the
northward of the latitude of the Canaries inclusively, or after the
term of two months between the latitude of the Canaries and the
Equinoctial line, or after the term of five months in any other part
of the world (all which said terms are to be computed from the third
day of February last,) shall be restored.
His said Britannic Majesty and the said United States promise to
observe sincerely and _bona fide_, all the Articles contained and
settled in the present treaty; and they will not suffer the same to be
infringed, directly or indirectly, by their respective subjects and
citizens.
The solemn ratifications of the present treaty, expedited in good and
due form, shall be exchanged in the city of London, or Philadelphia,
between the contracting parties in the space of ---- months, or sooner
if possible, to be computed from the day of the signature of the
present treaty.
In witness whereof, we, the underwritten, their Ministers
Plenipotentiary, have signed with our hands, in their name, and in
virtue of our full powers, the present definitive treaty, and have
caused the seal of our arms to be put thereto.
Done at ---- the ---- day of
---- 1783.
RATIFICATION OF THE PROVISIONAL ARTICLES BY GREAT BRITAIN.
George R.
George the Third, by the Grace of God, King of Great Britain, France
and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg,
Arch Treasurer, and Prince Elector of the Holy Roman Empire, &c.
Whereas Provisional Articles between us and our good friends, the
United States of America, 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, were concluded and signed at Paris, on the
thirtieth day of November, one thousand seven hundred and eightytwo,
by the Commissioners of us and our said good friends, duly and
respectively authorised for that purpose; which Provisional Articles
are in the form and words following; [Here follows the treaty. See
pages 109 to 115.]
We having seen and considered the Provisional Articles aforesaid, have
approved, ratified, accepted, and confirmed the same in all and every
one of their clauses, and provisos, as we do by these presents,
approve, ratify, accept, and confirm them, for ourself, our heirs, and
successors; engaging and promising upon our royal word, that we will
sincerely and faithfully perform and observe, all and singular the
things which are contained in the aforesaid Provisional Articles, and
that we will never suffer them to be violated by any one, or
transgressed in any manner, as far as it lies in our power. For the
greater testimony and validity of all which, we have caused our great
seal of Great Britain to be affixed to these presents, which we have
signed with our royal hand.
Given at our Court at St James, the sixth day of August, one thousand
seven hundred and eightythree, in the twentythird year of our reign.
GEORGE R.
* * *
_An Act of the British Parliament, repealing certain Acts
prohibiting Intercourse with the United States._
An Act to repeal so much of two Acts, made in the sixteenth and
seventeenth years of the reign of his present Majesty, as prohibits
trade and intercourse with the United States of America.
Whereas it is highly expedient, that the intercourse between Great
Britain and the United States of America should be immediately opened;
be it therefore enacted and declared by the King's Most Excellent
Majesty, by and with the advice and consent of the Lords Spiritual and
Temporal and Commons, in the present Parliament assembled, and by the
authority of the same, that an Act passed in the sixteenth year of his
Majesty's reign, entitled, "An Act to prohibit all trade and
intercourse with the Colonies of New Hampshire, Massachusetts Bay,
Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the
three lower counties on Delaware, Maryland, Virginia, North Carolina,
South Carolina and Georgia, during the continuance of the present
rebellion within the said Colonies respectively, for repealing an Act
made in the fourteenth year of the reign of his present Majesty, to
discontinue the lading and discharging, lading or shipping, of goods,
wares, and merchandise, at the town and within the harbor of Boston in
the province of Massachusetts Bay; and also two Acts, made in the last
session of Parliament, for restraining the trade and commerce of the
Colonies in the said Acts respectively mentioned; and to enable any
person or persons, appointed and authorised by his Majesty to grant
pardons, to issue proclamations, in the cases and for the purposes
therein mentioned;" and also an Act, passed in the seventeenth year of
his Majesty's reign, entitled, "An Act for enabling the Commissioners
for executing the office of Lord High Admiral of Great Britain, to
grant commissions to the commanders of private ships, and vessels
employed in trade, or retained in his Majesty's service, to take and
make prize of all such ships and vessels, and their cargoes, as are
therein mentioned, for a limited time;" so far as the said Acts, or
either of them, may extend, or be construed to extend, to prohibit
trade and intercourse with the territories now composing the said
United States of America, or to authorise any hostilities against the
persons or properties of the subjects and citizens of the said United
States, after the respective periods set forth in his Majesty's
proclamation for the cessation of hostilities between Great Britain
and the United States of America, bearing date the fourteenth day of
February, one thousand seven hundred and eightythree, shall be, and
the same are henceforth repealed.
Anno vicesimo tertio Georgii III, Regis; cap. 26.