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(unpublished)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
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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