From David Hartley and the American Commissioners:
Definitive Treaty of Peace (unpublished)
[September 3, 1783]
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 Lunebourg, Arch-Treasurer, and
Prince Elector of the holy Roman Empire &ca. and of the United
States of America to forget all past Misunderstandings and
Differences that have unhappily 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 Novr. 1782 by the
Commissioners impower’d 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 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 Esqre: Member of the
Parliament of Great Britain; and the said United States on their
Part John Adams Esqre: 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 Esqre: late Delegate in Congress from the State
of Pennsylvania, President of the Convention of the said State and
Minister Plenipotentiary from the United States of America at the
Court of Vesailles; John Jay Esqre: 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 Plenipontentiaries 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.
Article 1st.
His Britannic 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.
Article 2d.
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 be
their Boundaries Fiz: 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 High
lands which divide those Rivers that empty themselves into the
River St. Lawrence from those which fall into the Atlantic Ocean,
to the Northwestern most 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, untill 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 Northwestern 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 Catahouchi
Thence along the middle thereof to its Junction with the Flint
River; Thence strait to the Head of St Mary’s River, and thence
down along the Middle of St Mary’s River to the Atlantic Ocean.
East by a Line to be drawn along the Middle of the River St Croix,
from its Mouth in the Bay of Funday 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 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 one [sic] 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.
Article 3d.
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
Gulph 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
New foundland as British Fishermen shall use, (but not to dry or
cure the same on that Island) and also on the Coast Bays and
Creeks of all other of his Britannic Majestys 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, it shall not be lawful for the 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 4th.
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 5th.
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
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 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 Property’s of such last mentioned Persons shall 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.
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 6th.
That there shall be no future Confiscations made, nor any
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 commenc’d be discontinued.
Article 7th.
There shall be a firm and perpetual Peace between his Britannic
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 from hence forth cease: All Prisoners on both
sides shall be set at Liberty, and his Britannic Majesty shall
withall convenient Speed, and without causing any Destruction, or
carrying away on 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
Articllery 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 forthwith restored
and deliver’d to the proper States and Persons to whom they
belong.
Article 8th.
The Navigation of the River Mississippi, from its Source to the
Ocean shall for ever remain free and open to the Subjects of Great
Britain and the Citizens of the United States.
Article 9th.
In case it should so happen that any Place or Territory,
belonging to Great Britain or to the United States should have
been conquer’d by the Arms of either from the other before the
arrival of the said Provisional Articles in America it is agreed
that the same shall be restored without Difficulty and without
requiring any Compensation.
Article 10th.
The Solemn Ratifications of the present Treaty expedited in good
and due Form shall be exchanged between the contracting Parties in
the Space of Six Months or sooner if possible to be computed from
the Day of the Signature of the present Treaty. In witness whereof
we the undersigned their Ministers Plenipotentiary have in their
Name and in Virtue of our 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.
| [seal] | D Hartley | [seal] | John Adams. |
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