The Diplomatic Correspondence of the American Revolution Volume X Part 9

Approved on my part, Mr Franklin having acted with propriety as Secretary to the commission from the time of my arrival here. Paris, January 10th, 1783.

HENRY LAURENS.

Approved on my part, Mr Franklin having acted with propriety as Secretary to the commission from the time of my arrival here. Paris, September 8th, 1783.

JOHN ADAMS.

RESOLUTIONS OF CONGRESS.

In Congress, October 3d, 1782.

On report of a Committee, to whom were referred notes of a conference with the Minister of France, held by a Committee of Congress on the 24th of September last;[9]

_Resolved_, That the Minister Plenipotentiary of his Most Christian Majesty be informed;

That the communication, made by the said Minister on the 24th of September last, is considered by Congress as an additional proof of his Majesty's magnanimity, and has confirmed those sentiments of affection and confidence, which his wise, steady, and liberal conduct in every stage of the war had so justly inspired;

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 a.s.surances, 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 a.s.surances, 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 partic.i.p.ation 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 rest.i.tution, 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 circ.u.mstances 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 const.i.tute 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, Ma.s.sachusetts 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 lat.i.tude, and thence due west in the lat.i.tude 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 Nip.i.s.sing, 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 lat.i.tude; south by a line to be drawn due east from the termination of the line last mentioned, in the lat.i.tude 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 sh.o.r.es 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 partic.i.p.ate 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 pa.s.sed into such variety of hands, as to render the restoration impracticable, (which you a.s.serted 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 rest.i.tution, 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, inc.u.mbent 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 rest.i.tution, 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.