From ———: Conditional Peace Treaty between Great Britain
and the United States (unpublished)
Nov 29, 1782
Facts
There existed a free Commerce upon mutual Faith between C. Britain
and America. The Merchants of the former credited the Merchants
and Planters of the Latter with great Quantities of Goods, on the
common Expectation that the Merchants having sold the Goods, would
made the accustomed Remittances; that the Planters would do the
same by the labour of their Negroes, and the Produce of that
Labour, Tobacco, Rice Indigo &c.
England before the Goods were sold in America, sends an armed
force, seizes the Goods in the Stores, some even in the Ships that
brought them and carries them off. Seizes also and carries off the
Tobacco, Rice and Indigo, provided by the Planters to make
Returns, and even the Negroes from whose Labour they might hope to
raise other Produce for that Purpose.
Britain now demands that the Debts shall nevertheless be paid.
Will She, can She justly refuse making Compensation for such
Seizures.
If a Draper who had sold a Piece of Linnen to a Neighbour on
Credit, should follow him, take the Linnen from him by Force, and
then send a Bailiff to arrest him for the Debt, would any Court of
Law or Equity award the Payment of the Debt, without ordering a
Restitution of the Cloth?
Will not the Debtors in America cry out, that if this
Compensation be not made, they were betray’d by the pretended
Credit, and are now doubly ruined, first by the Enemy, and then by
the Negociators at Paris, the Goods and Negroes sold them being
taken from them, with all they had besides, and they are now to be
obliged to pay for what they have been robb’d of?
Article proposed.
It is agreed that his Britannic Majesty will earnestly recommend
it to his Parliament to provide for and make Compensation to the
Merchants and Shopkeepers of Boston whose Goods and Merchandize
were seized and taken out of their Stores, Warehouses and Shops,
by order of General Gage and others of his Commanders or officers
there; and also to the Inhabitants of Philadelphia for the Goods
taken away by his army there. And to make Compensation also for
the Tobacco, Rice, Indigo and Nigroes &c. seized and carried off
by his Armies under Generals Arnold, Cornwallis and others from
the States of Virginia, North and South Carolina, and Georgia: and
also for all Vessels and Cargoes, belonging to the Inhabitants of
the said United States, which were stopt seized or taken, either
in the Ports or on the Seas, by his Governors or by his Ships of
War before the Declaration of War against the said States.
And it is further agreed that his Britannic Majesty will also
earnestly recommend it to his Parliament, to make Compensation for
all the Towns, Villages and Farmes burnt and destroyed by his
Troops or Adherents in the said United States.
[pages missing here]
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, 2.
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
their Boundaries, viz. 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
Highlands, which divide those Rivers that empty themselves into
the River St. Laurence, from those which fall into the atlantic
Ocean, to the North Westernmost 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 the lake
Superior Northward of the Isles Royal and Phelipeaux 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 Mississippi, thence by a Line drawn along the middle of the
said River Mississippi until it shall intersect the Northernmost
part of 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 Cathouche,
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 Fundy to its Source, and from
its Source directly North to the aforesaid high Lands which divide
the Rivers that fall into the Atlantic Ocean from those which fall
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 between Nova Scotia on the one part and east
Florida on the other, shall respectively touch the bay of Funcy
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, 3.
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 Banks of New-foundland, also in the
Gulph of St. Laurence, and all other places in the Sea, where 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 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 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 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.
Article, 4th.
It is agreed that the Creditors on either Sides shall meet with
no lawful Impediment to the recovery of the full Value in sterling
Money of all bonâ fide Debts heretofore contracted.
Article, 5.
It is agreed that 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 born 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 Properties, of such last mentioned Persons shall be
restored to them, they refunding to any Persons who may be now in
Possession the bonâ 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 now lawful impediment in the
Prosecution of their just Rights.
Article, 6.
That there shall be no future Confiscations made nor any
Prosecutions commenced against any Person or Persons for or by
Reason of the Past 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 commenced be discontinued.
Article, 7.
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 henceforth cease; all Prisoners on both
sides shall be set at Liberty, and his Britannic Majesty shall
with all convenient Speed, and without causing any destruction or
carrying away any Negroes or other Property of the American
Inhabitants, withdraw all his armies, Garrisons and Fleets from
the said United States, and from every post, 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, Record-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 delivered to the proper States and Persons to whom they
belong.
Article, 8.
The Navigation of the River Mississippi, from its Source to the
ocean, shall for ever remain [Rest of the document missing]
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