The American Commissioners to Richard Oswald (unpublished)
5 Novr 1782
Sir—

In answer to the Letter you did us the honor to write on the 4th. Inst. 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, thro’ several Hands. Besides Sir, as this a Matter evidently appertaining to the internal Polity of the seperate States, the Congress by the Nature of our Constitution, have no authority to interfere with it.

As to your demand of Compensation to these 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 can not stipulate for such Compensation, unless on your part it be agreed to make restitution to our Citizens for the heavy Losses they have sustained by the unnecessary destruction of their private property.

We have already agreed to an amnesty more extensive than justice required, and full as extensive is Humanity could demand, we can therefore only repeat that it cannot be extended further.

We should be sorry if the absolute impossibility of our complying further with your propositions on this head, 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 given to its Rigours.

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 Your most Obedient Humble Servant Signed

J. Adams
B. Franklin
J Jay
Articles agreed upon by and between Richard Oswald Esquire the 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 Benjamin Franklin, John Jay and John Adams, 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 untill 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 fulfill their Engagements with His most Christian Majesty. Where as 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, Masachusetts Bay, Rhode Island and Providence plantations, Connecticut, New York, New Jersey, Pensylvania, 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 Terratorial 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 fommed by a Line drawn due North from the Source of St. Croix River to the High-Lands which divide the Rivers which empty themselves into the River St Lawrence from those which fall into the Atlantic Ocean, and along the said High Lands, to the Northwestern head of Connecticut River, thence down along the midle of that River to the Forty fifth Degree of North Latitude, following the said Latitude untill it strikes the River Missisippi. Thence by a Line to be drawn along the midle of said River Missisippi untill it shall intersect the Northern most part of the Thirty first 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 Thirty one Degrees, to the midle of the River Appalachicola or Catahouchi, thence along the midle thereof to its junction with the Flint River, thence strait to the head of St Marys River, and thence down along the midle of St Marys River to the Atlantic Ocean. East by a Line from the Mouth of said St Marys River to the Mouth of the River St Croix in the Bay of Fundy, and by a Line drawn through the midle of Said River to its Source, and from its Source directly North to the aforesaid High Lands which divide the Rivers which fall into the Atlantic Ocean from those which empty themselves into the River St Laurence, 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 Marys River shall respectively touch the Bay of Fundy and the Atlantic Ocean, It is agreed that all such Loyalists 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 farther favour 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 Judgements or Prosecutions actually pass’d 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 Gulph of St. Laurence 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, Harbours or Creeks of Nova Scotia, and of the Magdalene Islands. And his Britannic Majesty, and the said United States will extend equal Priviledges and Hospitality to each others 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 lawfull 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 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 first 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 firm and perpetual Peace between his 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 forthwith, and without causing any Destruction, withdraw all his Armies, Garrisons and Fleets form 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 the said States, or their Citizens, which in the Course of the War may have fallen into the hands of his Officers, to be forth with restored and deliver’d to the proper States and persons to whom they belong. That the Navigation of the River Missisippi from its Source to the Ocean, shall for ever 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 Yassous, where it unites with the Mississippi, due East to the River Appalachicola
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