From the American Commissioners: Propositions Made to David Hartley for the Definitive Treaty (unpublished)

Propositions made to Mr. Hartley for the Definitive Treaty. 1st. To omit in the Definitive Treaty the Exception at the End of the 2d. Article of the Provisional Treaty; Viz: These Words, “Excepting such Islands as now are or heretofore have been within the Limits of the said Province of Nova Scotia.”

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2dly. The Prisoners made respectively by the arms of his Britannic Majesty and the United States by Land and by Sea, not already set at Liberty shall be restored reciprocally and bonâ fide immediately after the Ratification of the definitive Treaty without Ransom, and on paying the Debts they may have contracted during their Captivity. And each Party shall respectively reimburse the Sums which shall have been advanced for the Subsistance of the Prisoners by the Sovereign of the Country where they shall have been detained according to the Receipts and attested Accounts and other authentic Titles which shall be produced on each Side.

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3dly. His Britannic Majesty shall employ his good offices and Interposition with the King or Emperor of Morocco or Fez, the Regences of Algier Tunis and Tripoly, or with any of them, and also with every other Prince, State or Power of the Coast of Barbary in Africa and the Subjects of the said King or Emperor, States and Powers and each of them, in order to provide as fully and efficaciously as possible for the Benefit, Conveniency and Safety of the said United States and each of them, their Subjects, People and Inhabitants, and their Vessels and Effects, against all Violence, Insult, Attacks or Depredations on the part of the said Provinces and States of Barbary or their Subjects.

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4thly. If War should hereafter arise between Great Britain and the United States, which God forbid, the Merchants of either Country then residing in the other shall be allowed to remain Nine months to collect their Debts and settle their affairs, and my depart freely, carrying off all of their Effects without Molestation or Hindrance. And all Fishermen, and Cultivators of the Earth, and all Artisans and manufacturers unarmed and inhabiting unfortified Town, Villages and Places who labour for the common Subsistance and Benefit of Mankind and peacably follow their respective Employments, shall be allowed to continue the same, and shall not be molested by the armed Force of the Enemy, in whose Power by the Events of War they may happen to fall; but if any thing is necessary to be taken from them for the use of such armed Force, the same shall be paid for at a reasonable Price. And all Merchants or Traders with their unarmed Vessels employed in Commerce, exchanging the Products of different Places and thereby rendring the Necessary Conveniences and Comforts of Human Life more easy to obtain and more general, shall be allowed to pass freely unmolested. And neither of the Powers, Parties to this Treaty, shall grant or issue any Commission to any private armed Vessel impowering them to take or destroy such trading Ships, or intercept such Commerce.

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5thly. And in case either of the contracting Parties shall happen to be engaged in War with any other Nation, it is farther agreed in order to prevent all the Difficulties and Misunderstandings that usually arise, respecting Merchandize heretofore called Contraband, such as Arms, Ammunition and Military Stores of all Kinds, that no such Articles carrying by the Ships or Subjects of one of the Parties to the Enemies of the other, shall on any Account be deemed Contraband, so as to induce Confiscation and a Loss of Property to Individuals: Nevertheless it shall be lawful to stop such Ships and detain them for such length of Time as the Captors may think necessary to prevent the Inconvenience or Damage that might ensue from their proceeding on their Voyage, paying however a reasonable Compensation for the Loss such arrest shall occasion to the Proprietors. And it shall farther be allowed to use in the Service of the Captors, the whole or any Part of the military Stores so detained, paying to the owners the full Value of the same.

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6thly. The Citizens and Inhabitants of the said United States or any of them, may take and hold real Estates in Great Britain Ireland or any other of his Majesty’s Dominions, and dispose by Testament, Donation or otherwise of their Property real or Personal in favour of such Persons, as to them shall seem fit; and their Heirs, Citizens of the said United States or any of them, residing in the British Dominions or elsewhere, may succeed them ab intestato, without being obliged to obtain Letters of Naturalization.

The Subjects of his Britannic Majesty, shall enjoy on their Part, in all the Dominions of the said United States an entire and perfect Reciprocity, relative to the Stipulations contained in the present Article.

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7thly. The Ratifications of the devinitive Treaty shall be expedited in good and due Form, and exchanged in the Space of Five Months (or sooner if it can be done) to be computed from the Day of the Signature. 8thly Query. Whether the King of Great Britain will admit the Citizens of the United States to cut Log-Wood in the District alloted to his Majesty by Spain, and on what Terms?

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