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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --TUESDAY, APRIL 15, 1783
Congress took into consideration the articles agreed upon at Paris, on the 30 day of November last, entitled "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 grown of Great Britain and the said United States; but which treaty is not to be concluded until 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;" and thereupon,
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Resolved, That the Secretary for foreign affairs be directed committee of Congress be appointed to prepare and lay before Congress without delay a draft of a ratification of the provisional treaty articles entered into between the Commissioners of the United States and the Commissioner of his Britannic Majesty at Paris on the 30th day of November last.
Resolved, That the Commander in Chief be directed to enter into the necessary preparatory arrangements relative to the 7th Article of the said Treaty with the Commanders in Chief of the British land and naval forces in America, and that a committee be appointed to prepare a letter to him on this subject.1
[Note 1: 1 This report, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 25, II, folio 197. The indorsement states that it was agreed to on this day.
To this period belongs the following motion, in the writing of James Wilson, except the words in brackets, which are added in pencil by Alexander Hamilton. It is on folio 196, and is undated:
"And whereas it was agreed between the Ministers Plenipotentiary of the United States and the Minister Plenipotentiary of his Britannic Majesty, that all hostilities should cease between the said United States their subjects and possessions, and his Britannic Majesty his subjects and possessions at the terms and epochs agreed upon between their most Christian [Catholic] and Britannic Majesties.
And whereas the ratification of the said preliminary articles between their most Christian and Britannic Majesties were exchanged by their Ministers on the third day of Feby. last, [and between the Ministers of their Britannic and Catholic Majesties en the 9th of said month].
And whereas it is our will and pleasure that the cessation of hostilities between the United States of America and his Britannic Majesty should be agreeable to the said terms and epochs [fixed between their Christian and Britannic Majesties].
We have &c."]
Resolved, unanimously, That the said articles be ratified, and that a ratification in due form be sent to our Ministers Plenipotentiary at the Court of Versailles, to be exchanged if an exchange shall be necessary.
Resolved, That the agent of marine cause all the naval prisoners to be set at liberty.
Resolved, That the Commander in Chief be, and he is hereby instructed to make the proper arrangements with the Commander in Chief of the British forces, for receiving possession of the posts in the United States occupied by the troops of his Britannic Majesty; and for obtaining the delivery of all negroes and other property of the inhabitants of
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the United States in the possession of the British forces, or any subjects of, or adherents to his said Britannic Majesty; and that the Secretary at War, in conjunction with the Commander in Chief, take proper arrangements for setting at liberty all land prisoners.
When the foregoing resolution was under debate, a motion was made by Mr. [Abraham] Clark, seconded by Mr. [Eliphalet] Dyer, to strike out the words "in conjunction with the Commander in Chief":
And on the question, shall those words stand? the yeas and nays being required by Mr. [Hugh] Williamson,
{table}
So it was resolved in the affirmative.
Resolved, That the form of the ratification be as follows:
The United States in Congress assembled, To all who shall see these presents Greeting:
Whereas in and by our commission dated at Philadelphia the fifteenth day of June in the year of our Lord one thousand seven hundred and eighty one the honble. John Adams,
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Benjamin Franklin, John Jay, Henry Laurens and Thomas Jefferson, or a majority of them or of such of them as might assemble, or, in case of the death, absence, indisposition or other impediment of the others, any one of them, were constituted and appointed our Ministers, with full power and authority general and special, to confer, treat, agree and conclude with the ambassadors, commissioners and plenipotentiaries of the princes and states whom it might concern, vested with equal powers relating to the establishment of peace, and whatsoever should be agreed and concluded for us, and in our name to sign, and thereupon make a treaty or treaties, and to transact everything that might be necessary for compleating, securing and strengthening the great work of pacification in as ample form and with the same effect as if we were personally present and acted therein, we promising at the same time in good faith that we would accept, ratify, fulfil and execute what should be agreed, concluded and signed by our said Ministers Plenipotentiary, or a majority of them or of such as might assemble, or, in case of the death, absence, indisposition or other impediment of the others, by any one of them;
And whereas John Adams, Benjamin Franklin, John Jay and Henry Laurens, four of our said Commissioners, in pursuance of the powers aforesaid, on the thirtieth day of November in the year of our Lord one thousand seven hundred and eighty two, with Richard Oswald esquire, Commissioner of his Britannic Majesty for treating of peace with the Commissioners of the United States of America, in virtue of powers to him granted by his said Britannic Majesty, did conclude and sign on the part of the United States of America and the Crown of Great Britain, articles in the words following:1
[Note 1: 1 A draft of this form of ratification, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 25, II, folio 193. A duplicate is on folio 275.]
Articles agreed upon by and between Richard Oswald, esquire, the Commissioner of his Britannick Majesty for
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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 a peace shall be agreed upon between Great Britain and France, and his Britannick 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 Britannick 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
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declared, that the following are and shall be their boundaries, viz.
Article II
From the north-west 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 Atlantick ocean, to the northwesternmost head of Connecticut river; thence down along the middle of that river, to the forty-fifth degree of north latitude; from thence by a line due west on said latitude, until it strikes the river Iroquois, or Cataraquy; 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 Superiour; thence through lake Superiour northward of the isles Royal and Philipeaux 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 north-western point thereof, and from thence in a due west course to the river Mississippi; thence by a line to be drawn along the middle of said river Mississippi until it shall intersect the northernmost part of the thirty-first 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 thirty-one degrees north of the equator to the middle of the river Apalachicola
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or Catahouche; 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 Atlantick 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 Atlantick 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 Atlantick ocean, excepting such islands as now are, or heretofore have been within the limits of the said province of Nova Scotia.
Article III
It is agreed, that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand bank, and on all the other banks of Newfoundland; also in the gulf of St. Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish; and also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use (but not to dry or cure the same upon that island;) and also on the coasts, bays and creeks of all other of his Britannick Majesty's dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours and creeks of Nova Scotia, Magdalen islands and Labrador, so long as the same shall remain unsettled; but so soon as the same or either of them shall be settled,
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it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, proprietors or possessors of the ground.
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.
Article V
It is agreed, that the Congress shall earnestly recommend it to the legislatures of the respective states, to provide for the restitution of all estates, rights and properties, which have been confiscated, belonging to real British subjects, and also of the estates, rights and properties of persons resident in districts in the possession of his Majesty's arms, and who have not borne arms against the said United States; and that persons of any other description shall have free liberty to go to any part or parts of the thirteen United States, and therein to remain twelve months unmolested in their endeavours to obtain the restitution of such of their estates, rights and properties as may have been confiscated; and that Congress shall also earnestly recommend to the several states a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent not only with justice and equity, but with that spirit of conciliation, which, on the return of the blessings of peace, should universally prevail. And that Congress shall also earnestly recommend to the several states, that the estates, rights and properties of such last mentioned persons shall be restored to them, they refunding to any person who may be now in possession, the bona fide price (where any has been given) which such
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persons may have paid on purchasing any of the said lands, rights or properties since the confiscation.
And it is agreed, that all persons who have any interest in confiscated lands, either by debts, marriage settlements or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.
Article VI
That there shall be no future confiscations made, nor prosecutions commenced against any person or persons for or by reason of the part which he or they may have taken in the present war; and that no person shall, on that account, suffer any future loss or damage either in his person, liberty or property, and that those who may be in confinement on such charges, at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued.
Article VII
There shall be a firm and perpetual peace between his Britannick 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 Britannick 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 harbour 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 said states, or their citizens, which in the course of the war may have fallen into the hands of his
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officers, to be forthwith restored and delivered to the proper states and persons to whom they belong.
Article VIII
The navigation of the river Mississippi, from itssource to the ocean, shall forever remain free and open to the subjects of Great Britain, and the citizens of the United States.
Article IX
In case it should so happen, that any place or territory belonging to Great Britain or to the United States should be conquered by the arms of either from the other, before the arrival of these articles in America, it is agreed, that the same shall be restored without difficulty, and without requiring any compensation.
Done at Paris, the thirtieth day of November, one thousand seven hundred and eighty-two.
(Signed) Richard Oswald, [l. s.]
John Adams, [l. s.]
B. Franklin, [l. s.]
John Jay [l. s.]
Henry Laurens, [l. s.]
Witnesses.
(Signed) Caleb Witeford,
Secretary to the British Commission.
W. T. Franklin,
Secretary to the American Commission.
Separate Article
It is hereby understood and agreed, that in case Great Britain; at the conclusion of the present war, shall recover, 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
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mouth of the river Yassous, where it unites with the Mississippi, due east to the river Apalachicola.
Done at Paris, the thirtieth day of November, one thousand seven hundred and eighty-two.
(Signed) Richard Oswald, [l. s.]
John Adams, [l. s.]
B. Franklin, [l. s.]
John Jay, [l. s.]
Henry Laurens, [l. s.]
Attest.
Caleb Whiteford,
Secretary to the British Commission.
W. T. Franklin,
Secretary to the American Commission.
Now know ye, That we, the United States in Congress assembled, have ratified and confirmed, and by these presents do ratify and confirm, the said articles, and every part, article and clause thereof, on our part. Concluded and signed as aforesaid.
In testimony whereof, [we have caused our seal to be hereunto affixed. Witness his Excellency Elias Boudinot, President, this fifteenth day of April, one thousand seven hundred and eighty-three, and of our sovereignty and independence the seventh.]1
[Note 1: 1 The articles were entered only in the manuscript Secret Journal, Foreign Affairs; the rest of the proceedings for the day were entered in both the Public and Secret Foreign Journal. The part in brackets was entered in the Public Journal by George Bond.]
[Motion of Mr. Richard Peters, April 15, 1783.]
That the Commander in Chief be directed to inform the Commander in Chief of the British forces in America that the U. S. are ready to liberate, when officers shall be sent on the part of his Brittanic Majesty to receive them, at such places as shall be agreed upon as most convenient for their embarkation, all prisoners of war in possession of the U. S. and to furnish proper passports; and the means of transportation if required at the expence of his Brittanic Majesty.
That the Commander in Chief be authorized and directed to agree with the Commander in Chief of the British forces on the times and
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manner of delivering up the several posts and garrisons occupied by the British forces within the United States.1
[Note 1: 1 This motion, in the writing of Richard Peters, is in the Papers of the Continental Congress, No. 36, II, folio 61. The indorsement gives it this date.
On April 14, as the indorsement indicates, a letter of Thomas Wiggans, of the same day, praying for relief, was read. It is in No. 78, XXIV, folio 359.]
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