Chapter IV: Front Matter (4)

[6] The parts of this Commission, which were objected to by the American Commissioners are printed in italics.

[7] This commission was signed by the King on the 7th of August.

* * * * *

RICHARD OSWALD'S SECOND COMMISSION FOR NEGOTIATING PEACE.[8]

George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, and so forth. To our trusty and well beloved Richard Oswald, of our city of London, Esquire, Greeting. Whereas, by virtue of an Act passed in the last session of Parliament, entitled "An Act to enable his Majesty to conclude a peace or truce with certain colonies in North America therein mentioned," it is recited, 'that it is essential to the interest, welfare and prosperity of Great Britain and the Colonies or Plantations of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia in North America, that peace, intercourse, trade and commerce should be restored between them;' Therefore, and for a full manifestation of our earnest wish and desire, and of that of our Parliament, to put an end to the calamities of war, it is enacted, that it should and might be lawful for us to treat, consult of, agree and conclude, with any Commissioner or Commissioners, named or to be named by the said Colonies or Plantations, or any of them respectively, or with any body or bodies, corporate or politic, or any assembly or assemblies, or description of men, or any person or persons whatsoever, a peace or a truce with the said Colonies or Plantations, or any of them, or any part or parts thereof; any law, act, or acts of Parliament, matter or thing to the contrary, in anywise, notwithstanding.

Now know ye, that we, reposing special trust in your wisdom, loyalty, diligence and circumspection, in the management of the affairs to be hereby committed to your charge, have nominated and appointed, constituted and assigned, and by these presents do nominate and appoint, constitute and assign you, the said Richard Oswald to be our Commissioner in that behalf, to use and exercise all and every the powers and authorities hereby intrusted and committed to you, the said Richard Oswald, and to do, perform, and execute all other matters and things hereby enjoined and committed to your care, during our will and pleasure, and no longer, according to the tenor of these our letters patent. And it is our royal will and pleasure, and we do hereby authorise, empower, and require you, the said Richard Oswald, to treat of, consult, and conclude with any _Commissioners or persons vested with equal powers, by and on the part of the Thirteen United States of America, viz. New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America, a peace or a truce with the said Thirteen United States_; any law, act, or acts of Parliament, matter or thing to the contrary, in anywise, notwithstanding.

And it is our further will and pleasure, that every regulation, provision, matter or thing, which shall have been agreed upon between you, the said Richard Oswald, and such _Commissioners or persons as aforesaid_, with whom you shall have judged meet and sufficient to enter into such agreement, shall be fully and distinctly set forth in writing, and authenticated by your hand and seal on one side, _and by the hands and seals of such Commissioners or persons on the other_, and such instrument so authenticated shall be by you transmitted to us, through one of our principal Secretaries of State.

And it is our further will and pleasure, that you, the said Richard Oswald, shall promise and engage for us and in our royal name and word, that every regulation, provision, matter or thing, which may be agreed to, and concluded by you, our said Commissioner, shall be ratified and confirmed by us in the fullest manner and extent, and that we will not suffer them to be violated or counteracted, either in whole or in part, by any person whatsoever. And we do hereby require and command all our officers civil and military, and all others our loving subjects whatsoever, to be aiding and assisting unto you, the said Richard Oswald, in the execution of this our commission, and of the powers and authorities herein contained; provided always, and we do hereby declare and ordain, that the several offices, powers and authorities hereby granted, shall cease, determine, and become utterly null and void, on the first day of July, which shall be in the year of our Lord one thousand seven hundred and eightythree; although we shall not otherwise in the meantime have revoked and determined the same.

_And whereas in and by our commission and letters patent under our great seal of Great Britain, bearing date the seventh day of August last, we nominated and appointed, constituted and assigned you, the said Richard Oswald, to be our Commissioner to treat, consult of, agree and conclude, with any Commissioner or Commissioners, named or to be named, by certain Colonies or Plantations in America therein specified, a peace or a truce with the said Colonies or Plantations; now know ye, that we have revoked and determined, and by these presents do revoke and determine our said commission and letters patent, and all and every power, article and thing therein contained._ In witness whereof we have caused these our letters to be made patent.

Witness ourself at Westminster, the twentyfirst day of September, in the twentysecond year of our reign. By the King himself.

YORKE.

_Paris, October 1st, 1782._ I certify that the adjoining is a true copy of the commission of which it purports to be a copy, and which has been shown to Mr Franklin and Mr Jay.

RICHARD OSWALD,
_The Commissioner therein named_.

FOOTNOTE:

[8] The parts of this Commission, which were altered or added, in consequence of the objections of the American Commissioners to Mr Oswald's first commission, are printed in italics.

* * * * *

COMMISSION TO WILLIAM T. FRANKLIN.

To all to whom these Presents shall come, Benjamin Franklin and John Jay send Greeting.

Whereas the United States of America, in Congress assembled, did on the 15th of June, in the year of our Lord 1781, appoint and constitute the said Benjamin Franklin, John Jay, John Adams, Henry Laurens, and Thomas Jefferson, and the majority of them, and of such of them as should assemble for the purpose, their Commissioners and Plenipotentiaries, to treat of, and conclude peace in their behalf; and whereas the said United States, in Congress assembled, did on the 26th of June, in the year of our Lord 1781, appoint Francis Dana, until he could proceed to the Court of Petersburg, either in a public or private capacity, to be Secretary to the said Plenipotentiaries for negotiating a peace with Great Britain, and in case Mr Dana should have proceeded, or thereafter proceed to Petersburg, or to any part of the dominions of the Empress of Russia, the Ministers appointed by the said act of Congress of the 15th of June, 1781, or a majority of such of them as should assemble, should be, and thereby were, authorised to appoint a Secretary to their commission, and that he be entitled to receive, in proportion to his time of service, the salary of one thousand pounds sterling per annum allowed to Mr Dana. And whereas his Britannic Majesty has issued a commission, dated the 21st of September, 1782, to Richard Oswald, to treat of, and conclude peace with any Commissioners, or persons vested with equal powers, by, and on the part of the Thirteen United States of America; and whereas the said Richard Oswald is at Paris, ready to execute his said commission, and has exchanged with the said Benjamin Franklin and John Jay, copies of their respective commissions, and entered on the business of the same, whereby the appointment of a Secretary to the American commission has become necessary, and the said Mr Dana now being at Petersburg, the right of appointing such Secretary has, in pursuance of the afore-recited act of Congress, devolved on the said Commissioners, and on the majority of them, and of such of them as have assembled for the purpose of executing their said commission; and whereas Mr Jefferson, one of the said Commissioners, has not come to Europe, and Mr Laurens, another of them, has declined to accept the said office, and Mr Adams, another of them, is at the Hague, so that the said Benjamin Franklin and John Jay are the only Commissioners now assembled to execute the said commission;

Now know ye, that they, reposing special trust and confidence in the ability and integrity of William T. Franklin, to perform and fulfil the duties of Secretary to their said commission, have appointed and constituted, and by these presents do appoint and constitute the said William T. Franklin, Secretary to the said commission.

In witness whereof, the said Benjamin Franklin and John Jay, have hereunto set their hands and seals, this first day of October, in the year of our Lord one thousand seven hundred and eightytwo, and in the seventh year of the independence of the said United States.

B. FRANKLIN,
JOHN JAY.

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 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.

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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,

We have been honored with your favor of the 5th inst., and as our answer to a letter we received from Mr Oswald on the same subject contains our unanimous sentiments respecting it, we take the liberty of referring you to the enclosed copy of that answer.

We have the honor to be, &c.

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY.

* * * * *

_Third Set of Articles._

_Monday, November 25th, 1782._ The three Commissioners, Adams, Franklin, and Jay, met at Mr Oswald's lodgings at the _Hotel de Muscovie_, and after some conferences Mr Oswald delivered them the following Articles, as fresh proposals of the British Ministry, sent by Mr Strachey, viz;

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, in 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 the terms of a peace shall be agreed upon between Great Britain and France, and his Britannic Majesty shall be ready to conclude such treaty accordingly.

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 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. 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 be their boundaries, viz;

ARTICLE II. From the northwest angle of Nova Scotia, viz; that angle which is formed by a line drawn due north from the source of St Croix river to the highlands, along the said highlands, which divide those rivers that empty themselves into the river St Lawrence from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut river, thence down along the middle of that river to the 45th degree of north latitude; from thence by a line due west on said latitude until it strikes the river Iroquois or Cataroquy; thence along the middle of said river into Lake Ontario, through the middle of said Lake until it strikes the communication by water between that Lake and Lake Erie; thence along the middle of said communication, into Lake Erie, through the middle of said Lake, until it arrives at the water communication between that Lake and Lake Huron; thence along the middle of said water communication into Lake Huron; thence through the middle of the said Lake, to the water communication between that Lake and Lake Superior; thence through Lake Superior, northward of the Isles Royal and Philippeaux to the Long Lake; thence through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said Lake to the most northwestern point thereof; and from thence on a due western course to 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 north latitude. South by a line to be drawn due east from the determination of the line last mentioned, in the latitude of 31 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; and thence down along the middle of St Mary's river to the Atlantic ocean. East by a line to be drawn along the middle of the river St Croix, from its mouth in the Bay of Fundy to its source; and from its source directly north, to the aforesaid highlands, which divide the rivers that fall into the Atlantic ocean from those which fall 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 point 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; excepting such Islands as now are, or heretofore have been, within the limits of the said Province of Nova Scotia.

ARTICLE III. The citizens of the said United States shall have _the liberty_ of taking fish of every kind on all the banks of Newfoundland, and also in the Gulf of St Lawrence; and also to dry and cure their fish on the shores of the Isle of Sables and on the shores of any of the unsettled bays, harbors and creeks of the Magdalen Islands, in the Gulf of St Lawrence, so long as such bays, harbors and creeks shall continue and remain unsettled; on condition that the citizens of the said United States do not exercise the fishery, but at the distance of three leagues from all the coast belonging to Great Britain, as well those of the continent as those of the islands situated in the Gulf of St Lawrence. And as to what relates to the fishery on the coast of the Island of Cape Breton out of the said gulf, the citizens of the said United States shall not be permitted to exercise the said fishery, but at the distance of fifteen leagues from the coasts of the Island of Cape Breton.

ARTICLE IV. It is agreed, that the British creditors shall meet with no lawful impediment to the recovery of the full value, in sterling money, of such _bona fide_ debts as were contracted by any persons who are citizens of the United States, before the year 1775.

ARTICLE V. It is agreed, that restitution shall be made of all estates, rights and properties in America, which have been confiscated during the war.

ARTICLE VI. There shall be a full and entire amnesty of all acts and offences, which have been or may be supposed to have been committed on either side, by reason of the war, and in the course thereof; and no one shall hereafter suffer in life or person, or be deprived of his property, for the part he may have taken therein. All persons in confinement on that account, shall immediately on the ratification of the treaty in America, be set at liberty; all prosecutions which may be depending in consequence of any of the said offences, shall cease, and no fresh prosecutions shall at any time hereafter be commenced thereupon.

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; 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 with all convenient speed and without causing any destruction, 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 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.

ARTICLE VIII. The navigation of the Mississippi, from its source to the ocean, shall forever remain free and open to the subjects of Great Britain and citizens of the United States.

SEPARATE ARTICLE. It is hereby understood and agreed, that in case Great Britain, at the end 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 river Mississippi, due east to the river Apalachicola.

* * * * *

ARTICLE PROPOSED AND READ TO THE COMMISSIONERS, BEFORE
SIGNING THE PRELIMINARY ARTICLES.[13]

It is agreed, that his Britannic Majesty will earnestly recommend it to his Parliament to provide for and make a compensation to the merchants and shopkeepers of Boston, whose goods and merchandise were seized and taken out of their stores, warehouses and shops, by order of General Gage and others of his commanders and officers there; and also to the inhabitants of Philadelphia, for the goods taken away by his army there; and to make compensation, also, for the tobacco, rice, indigo, and negroes, &c. seized and carried off by his armies under Generals Arnold, Cornwallis, and others, from the States of Virginia, North and South Carolina, and Georgia, and also for all vessels and cargoes, belonging to the inhabitants of the said United States, which were stopped, seized, or taken, either in the ports, or on the seas, by his Governors, or by his ships of war, before the declaration of war against the said States.

And it is farther agreed, that his Britannic Majesty will also earnestly recommend it to his Parliament to make compensation for all the towns, villages, and farms, burnt and destroyed by his troops, or adherents, in the said United States.

FACTS.

There existed a free commerce, upon mutual faith, between Great Britain and America. The merchants of the former credited the merchants and planters of the latter, with great quantities of goods, on the common expectation, that the merchants, having sold the goods, would make the accustomed remittances; that the planters would do the same by the labor of their negroes, and the produce of that labor, tobacco, rice, indigo, &c.

England, before the goods were sold in America, sends an armed force, seizes those goods in the stores; some even in the ships that brought them, and carries them off; seizes, also, and carries off the tobacco, rice, and indigo, provided by the planters to make returns, and even the negroes, from whose labor they might hope to raise other produce for that purpose.

Britain now demands that the debts shall, nevertheless, be paid.

Will she, can she, justly, refuse making compensation for such seizures?

If a draper, who had sold a piece of linen to a neighbor on credit, should follow him, take the linen from him by force, and then send a bailiff to arrest him for the debt, would any court of law or equity award the payment of the debt, without ordering a restitution of the cloth?

Will not the debtors in America cry out, that, if this compensation be not made, they were betrayed by the pretended credit, and are now doubly ruined; first, by the enemy, and then by the negotiators at Paris, the goods and negroes sold them being taken from them, with all they had besides, and they are now to be obliged to pay for what they have been robbed of?

FOOTNOTE:

[13] This _Article_, and the _Facts_ which follow, were drawn up by Dr Franklin, and intended to be insisted on, in case the British Commissioners persevered in their demands respecting the fisheries. See _Franklin's Correspondence_, Vol. IV. p. 50.

* * * * *

TO M. DE LAFAYETTE,

Paris, November 28th, 1782.

Sir,

We have received the letter you did us the honor to write on the 25th instant.

Our country has had early and repeated proofs both of your readiness and abilities to do her service. The prospect of an inactive campaign in America induced us to adopt the opinion, that you might be more useful here than there; especially, in case the negotiation for peace, on the part of France in England, should be committed to your management; for your knowledge of our affairs and attachment to our interest, might have been very advantageous to us on such an occasion. But as an opportunity now offers of your being instrumental in producing a co-operation, which would, probably, put a glorious and speedy termination to the war in America, we, for our part, perfectly approve of your going with Count d'Estaing, in the manner proposed.

We have the honor to be, &c. &c.

JOHN ADAMS,
B. FRANKLIN,
JOHN JAY.

* * * * *

PROVISIONAL ARTICLES OF PEACE.

Articles agreed upon by and between Richard Oswald, Esq. the Commissioner of his Britannic Majesty for treating of peace with the Commissioners of the United States of America, in behalf of his said Majesty on the one part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, four 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 terms of peace shall be agreed upon between Great Britain and France, and his Britannic Majesty shall be ready to conclude such treaty accordingly.

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 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. 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 be their boundaries, viz.

ARTICLE II. From the northwest angle of Nova Scotia, viz. that angle, which is formed by a line drawn due north, from the source of St Croix river to the highlands, along the highlands which divide those rivers that empty themselves into the river St Lawrence from those which fall into the Atlantic ocean, to the northwesternmost head of Connecticut river; thence down along the middle of that river to the 45th degree of north latitude; from thence by a line due west on said latitude, until it strikes the river Iroquois or Cataroquy; thence along the middle of said river into Lake Ontario; through the middle of said Lake until it strikes the communication by water, between that Lake and Lake Erie; thence along the middle of said communication into Lake Erie; through the middle of said Lake until it arrives at the water communication between that Lake and Lake Huron, thence along the middle of said water communication into the Lake Huron; thence through the middle of said Lake, to the water communication between that Lake and Lake Superior; thence through Lake Superior, northward of the Isles Royal and Philippeaux to the Long Lake; thence through the middle of said Long Lake and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said Lake, to the most northwestern point thereof; and from thence on a due west course to 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 north latitude; south by a line to be drawn due east from the determination of the line last mentioned in the latitude of 31st degree 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, to the Atlantic ocean. East by a line to be drawn along the middle of the river St Croix, from its mouth in the Bay of Fundy to its source; and from its source directly north to the aforesaid highlands, which divide the rivers that fall into the Atlantic ocean from those which fall 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, between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy, and the Atlantic ocean; excepting such islands as now are or heretofore have been within the limits of the said Province of Nova Scotia.