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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 --WEDNESDAY, JANUARY 14, 1784.
Congress assembled: Present, Massachusetts, Rhode Island, Connecticut, Pensylvania, Delaware, Maryland, Virginia, North Carolina and South Carolina; Mr. [Richard] Beresford having this day taken his seat; and from the State of New Hampshire, Mr. [Abiel] Foster, and from New Jersey Mr. [John] Beatty.
On the report of a committee, consisting of Mr. [Thomas] Jefferson, Mr. [Elbridge] Gerry, Mr. [William] Ellery, Mr. [Jacob] Read and Mr. [Benjamin] Hawkins, to whom were referred the definitive treaty of peace between the United
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States of America and his Britannic Majesty, and the joint letter of the 10 September, from Mr. Adams, Mr. Franklin and Mr. Jay,
Resolved, unanimously, nine states being present, that the said definitive treaty be, and the same is hereby ratified by the United States in Congress assembled, in the form following:1
[Note 1: 1 This resolution was also entered in Secret Journal, No. 4, and in Secret Journal, No. 6, Vol. III.]
THE UNITED STATES IN CONGRESS ASSEMBLED,
To all persons to whom these presents shall come greeting:
Whereas definitive articles of peace and friendship between the United States of America and his Britannic majesty, were concluded and signed at Paris on the 3d day of September, 1783, by the plenipotentiaries of the said United States, and of his said Britannic Majesty, duly and respectively authorized for that purpose; which definitive articles are in the words following:
In the name of the most holy and undivided Trinity.
It having pleased the Divine Providence to dispose the hearts of the most serene and most potent prince, 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. and of the United States of America, to forget all past misunderstandings and differences that have unhappliy interrupted the good correspondence and friendship which they mutually wish to restore, and to establish such a beneficial and satisfactory intercourse between the two countries, upon the ground of reciprocal advantages and mutual convenience, as may promote and secure to both perpetual peace and harmony; and having for this desirable end, already laid the foundation of peace and reconciliation, by the provisional articles, signed at Paris on the 30th of November, 1782, by the commissioners empowered on each part, which articles were agreed 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
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which treaty was not to be concluded until terms of peace should be agreed upon between Great Britain and France, and his Britannic majesty should be ready to conclude such treaty accordingly; and the treaty between Great Britain and France having since been concluded, his Britannic majesty and the United States of America, in order to carry into full effect the provisional articles above mentioned, according to the tenor thereof, have constituted and appointed, that is to say, his Britannic majesty on his part, David Hartley, Esquire, member of the parliament of Great Britain; and the said United States on their part, John Adams, Esquire, late a commissioner of the United States of America, at the court of Versailles, late delegate in Congress from the state of Massachusetts, and chief justice of the said state, and minister plenipotentiary of the said United States to their high mightinesses the states general of the United Netherlands; Benjamin Franklin, Esquire, late delegate in Congress from the state of Pensylvania, president of the convention of the said state, and minister plenipotentiary from the United States of America at the court of Versailles; John Jay, Esquire, late president of Congress, and chief justice of the state of New York, and minister plenipotentiary from the said United States, at the court of Madrid, to be the plenipotentiaries for the concluding and signing the present definitive treaty: who, after having reciprocally communicated their respective full powers, have agreed upon and confirmed the following articles:
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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 Superior; thence through lake Superior 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 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 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 or Catahouche; thence along the middle thereof to its junction with the Flint river; thence straight to the head of Saint Mary's river, and thence down along the middle of Saint Mary's river to the Atlantic ocean. East by a line to be drawn along the middle of the river Saint 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 Saint 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.
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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 on that island) and also on the coasts, bays and creeks of all other of his Britannic 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 Labradore, so long as the same shall remain unsettled, but so soon as the same or either of them shall be settled, 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.
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by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.
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have in their name, and in virtue of full powers, signed with our hands the present definitive treaty, and caused the seals of our arms to be affixed thereto.
Done at Paris, this third day of September, in the year of our Lord, one thousand seven hundred and eighty-three.
"(L. S.) D. Hartley,
(L. S.) John Adams,
(L. S.) B. Franklin,
(L. S.) John Jay."
Now know ye that we the United States in Congress assembled having seen and considered the definitive articles aforesaid have approved, ratified and confirmed and by these presents do approve, ratify and confirm the said articles and every part and clause thereof, engaging and promising, that we will sincerely and faithfully perform and observe the same, and never suffer them to be violated by any one or transgressed in any manner as far as lies in our power.
In testimony whereof, we have caused the seal of the United States to be hereunto affixed.
Witness his Excellency Thomas Mifflin, president, this fourteenth day of January in the year of our Lord one thousand seven hundred and eighty four and in the eighth year of the sovereignty and independence of the United States of America1.
[Note 1: 1 The above text is from the copy in the writing of Benjamin Bankson, in Secret Journal, Foreign Affairs, No. 5.]
On the question to agree to this, the yeas and nays being required by Mr. [David] Howell,
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So it was resolved in the affirmative.
Resolved, That the said ratification be transmitted with all possible despatch, under the care of a faithful person, to our ministers in France, who have negotiated the treaty, to be exchanged.
Resolved, That Colonel Josiah Harmar be appointed to carry the said ratification.1
[Note 1: 1 A draft of these two resolutions, in the writing of Hugh Williamson, is in the Papers of the Continental Congress, No. 36, II, folio 287.]
Ordered, That the Superintendent of Finance furnish Colonel Harmar with money to defray his necessary expences.
Resolved, That a proclamation be immediately issued, notifying the said definitive treaty and ratification to the several states of the union, and requiring their observance thereof in the form following:
By the United States in Congress assembled,
A PROCLAMATION.
Whereas definitive articles of peace and friendship between the United States of America and his Britannic Majesty, were concluded and signed at Paris, on the third day of September, 1783, by the plenipotentiaries of the said United States and of his said Britannic Majesty, duly and respectively authorized for that purpose: which definitive articles are in the words following: [Here insert the treaty as above.]
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And we, the United States in Congress assembled, having seen and duly considered the definitive articles aforesaid, did, by a certain act under the seal of the United States, bearing date this 14 day of January, 1784, approve, ratify and confirm the same, and every part and clause thereof, engaging and promising, that we would sincerely and faithfully perform and observe the same, and never suffer them to be violated by any one, or transgressed in any manner, as far as should be in our power; and being sincerely disposed to carry the said articles into execution, truly, honestly and with good faith, according to the intent and meaning thereof, we have thought proper by these presents, to notify the premises to all the good citizens of these United States, hereby requiring and enjoining all bodies of magistracy, legislative, executive and judiciary, all persons bearing office, civil or military, of whatever rank, degree or power, and all others the good citizens of these states, of every vocation and condition, that reverencing those stipulations entered into on their behalf, under the authority of that federal bond, by which their existence as an independent people is bound up together, and is known and acknowledged by the nations of the world, and with that good faith which is every man's surest guide, within their several offices, jurisdictions and vocations, they carry into effect the said definitive articles, and every clause and sentence thereof, sincerely, strictly and completely.
Given under the seal of the United States. Witness his Excellency Thomas Mifflin, our president, at Annapolis, this 14 day of January, in the year of our Lord, one thousand seven hundred and eighty-four, and of the sovereignty and independence of the United States of America the eighth.
Resolved, unanimously, nine states being present, That it be, and it is hereby earnestly recommended 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, which were in the possession of his Britannic Majesty's arms, at any tune between the 30 day of November, 1782, and the 14 day of January, 1784, and who have not borne arms against the said United States, and that persons of
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any other description, shall have free liberty to go to any part or parts of any 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 it is also hereby earnestly recommended to the several states, to reconsider and revise all their 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 it is hereby also earnestly recommended to the several states, that the estates, rights and properties of such last mentioned persons should be restored to them, they refunding to any persons who may be now in possession, the bona fide price, (where any has been given) which such persons may have paid on purchasing any of the said lands, rights or properties since the confiscation.1
[Note 1: 1 The committee's report, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 29, folio 315.]
Ordered, That a copy of the proclamation of this date, together with the recommendation, be transmitted to the several states by the secretary.2
[Note 2: 2 The proceedings for this day were also entered in the Secret Journal, Foreign Affairs.]
[Motion of Mr. Jacob Read]
That Congress do on Wednesday next celebrate the final ratification of the Definitive Treaty of peace. And that a public entertainment be given on that day3 to the Executive and other respectable Citizens.
[Note 3: 3 This motion, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 36, II, folio 301. The indorsement states that it was referred to Mr. [Jacob] Read, Mr. [David] Howell and Mr. [Hugh] Williamson.]
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