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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, esq. member of the parliament of Great-Britain; and the said United States on their part, John Adams, esq. 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, esq. 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 Versailles; John Jay, esq. 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 plenipotentiaries 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 :
Art. 1st. His Britannic majesty acknowledges the said United States, viz. New-Hampshire, Massachusetts-Bay, Rhode Island, and Providence Plantations, Connecticut, New York, NewJersey, 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, proprietary and territorial rights of the same, and every part thereof:
Art. 2d. And that all disputes which inight 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, 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. Lawrence 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 45th 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 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 north-western 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 31st 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 S1 degrees north of the equator, to the middle of the river Apalachicola or Catahouche ; thence along the middle thereof to its junction with the Flint river; thence straight 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 Highlands which divide the rivers that fall into the Atlan. tic ocean, from those which fall into the river St. Lawrence : comprehending all islands within 20 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 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.
Art. 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 Newfoundland 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 Bavs, harbours and creeks of Nova Scotia, Magdalen islands, and Labradore, 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.
ART. 4th. It is agreed, that the 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.
Art. 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 12 months unmolested in their endeavors to obtain the restitution of such of their estates, rights, and properties as may have been confiscated; and that Congress shall also carnestly 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 of 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 wbo 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.
Ant. 6th. That there shall be no future confiscations made, nor any prosecutions cominenced 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 commenced be discontinued.
ART. 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 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 arinies, garrisons and fleets from the said United States, and from everv post, place and harbor 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 delivered to the proper states and persons to whom they belong.
Art. 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.
ART. 9th. In case it should so happen, that any place or territory belonging to Great-Britain or to the United States, should have been conquered 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.
ART. 10th. The solemn ratification 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 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 3d day of September, in the year of our Lord one thousand seven
(L, s.) JOHN ADAMS,
(LS.) JOHN JAY." You know ye, that we the United States in Congress assembled, having seen and considered the definitive articles aforesaid, have approved, ratified and confirmed, and by these presents do approve, ratify and confirm the said articles, and every part and clause thereof, engaging and promising, that we will sincerely and faithfully perform and observe the same, and never suffer them to be violated by any one, or transgressed in any manner, as far as lies in our power. In testimony whereof, we have caused the seal of the United States to be hereunto affixed.
Witness his excellency THOMAS MIFFLIX, president, this 14th day of January, in the year of our Lord 1784, and in the eighth year of the sovereignty and independence of the
United States of America.
New Jersey, Mr. Beatty, ay > * Virginia, Mr. Jefferson,
ay ay Hand,
N.-Carolina, Mr. Williamson,
ay ay M-Comb,
is.- Carolina, Mr. Read, Maryland, Mr. Chase,
Resolved, That the said ratification be transmitted with all possible despatch, under the care of a faithful person, to our ministers in France, who have negotiated the treaty, to be exchanged.
Resolved, That col. Josiah Harmar be appointed to carry the said ratification.
Ordered, That the superintendent of finance furnish colonel Harmar with money to defray his necessary expenses.
Resolved, That a proclamation be immediately issued, notifying the said definitive treaty and ratification to the several states of the union, and requiring their observance thereof in the form following:
By the United States in Congress assembled,
A PROCLAMATION. Whereas definitive articles of peace and friendship between the United States of America and his Britannic majesty, were concluded and signed at Paris, on the third day of September, 1783, by the plenipotentiaries of the said United States and of his said Britannic majesty, duly and respectively authorized for that purpose ; which definitive articles are in the words following: [Here insert the treaty as above.)
And we, the United States in Congress assembled, having seen and duly considered the definitive articles aforesaid, did, by a certain act under the seal of the United States, bearing date this 14th day of January, 1784, approve, ratify and confirm the same, and every part and clause thereof, engaging and promising, that we would sincerely and faithfully perform and observe the same, and never suffer them to be violated by any one, or transgressed in any manner, as far as should be in our power; and being sincerely disposed to carry the said articles into execution, truly, honestly and with good faith, according to the intent and meaning thereof, we have thought proper by these presents, to notify the premises to all the good citizens of these United States, hereby requiring and enjoining all bodies of magistracy, legislative, executive and judiciary, all persons bearing office, civil or military, of whatever rank, degree and powers, and all others the good citizens of these states, of every vocation and condition, that reverencing those stipulations entered into on their behalf, under the authority of that federal bond, by which their existence as an independent people is bound up together, and is known and acknowledged by the nations of the world, and with that good faith which is every man's surest guide, within their several offices, jurisdictions and vocations, they carry into effect the said definitive articles, and every clause and sentence thereof, sincerely, strictly and completely. Given under the seal of the United States. Witness his excellency THOMAS MIFFLIX, our
president, at Annapolis, this 14th day of January, in the year of our Lord, 1784, and of the
sovereignty and independence of the United States of America the eighth. Resolved, unanimously, nine states being present, That it be, and it is hereby earnestly recoinmended 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, which were in the possession of his Britannic majesty's arms, at any time between the 30th day of November, 1782, and the 14th day of January, 1784, 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 reinain 12 months unmolested in their endeavours to obtain the restitution of such of their estates, rights and properties, as may have been confiscated: And it is also hereby earnestly recommended to the several states, to reconsider and revise all their acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and cquity, but with that spirit of conciliation, which, on the return of the blessings of peace, should universally prevail: and it is hereby also earnestly recommended to the several states, that the estates, rights and properties of such
last mentioned persons should 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 inay have paid on purchasing any of the said lands, rights or properties since the confiscation.
Ordered, That a copy of the proclamation of this date, together with the recommendation, be transmitted to the several states by the secretary.
THURSDAY, January 15, 1784. Congress assembled: Preseut as yesterday.
The committee, consisting of Mr. Osgood, Mr. Williamson and Mr. Tilton, to whom was referred a memorial of the public creditors in the city and neighbourhood of Philadelphia, report, that the said memorial sets forth, that the general assembly of the state of Pennsylvania, did, on the 21st day of March last, pass an act authorizing and directing the treasurer thereof, to make and issue notes, and deliver the same to Thomas Smith, esq. continental loan-officer, to enable him to pay one year's interest on such of the said debts as are therein described, according to the directions of the United States in Congress assembled. That the said loan-officer refuses the payment of the interest due to them on loan-office certificates, bearing date between the 1st day of September, 1777, and the first day of March, 1778, unless they consent to a liquidation of depreciation on the interest of this class of certificates, equal to that which is established for the principal on the final redemption; that this condition destroys the solemn contracts contained in the resolutions of the 10th of September, 1777, and adhered to in the resolve of the 28th of of June, 1780, the first of which is, “that the interest which shall arise after the date of this resolution on loan office certificates, already issued, or which shall be issued before the first day of March next, be annually paid at the respective loan-offices in bills of exchange on the commissioners of the United States in Paris, at the rate of five livres of France for every Spanish milled dollar, due for interest as aforesaid, or in continental bills of credit at the option of the respective lenders.” The other is, “ that the interest on all loan-office certificates at the rate of six per cent. per annum, computed on the principal ascertained as aforesaid, shall be discharged annually, in like manner as the principal, until the principal shall be paid: Provided nevertheless, that the same interest and mode of payment on certificates taken out before the first day of March, 1778, shall be continued as at present, until the principal ascertained as aforesaid, be ready to be discharged.” That the memorialists in behalf of the said public creditors, pray Congress to give directions agreeably to the intentions of the above recited resolutions.
The coinmitiee further report, that upon inspecting the journals of Congress, they find that Congress did, on the 4th day of Sept. 1782, resolve that 1,200,000 dollars be quotaed on the states as absolutely and immediately necessary for the payment of the interests of the public debts, but no directions are contained therein, relative to the liquidating the interest by the scale of depreciation ; that on the 9th of September, 1782, Congress directed, “that no bill of exchange be issued for interest due on loan-office certificates, since the first day of March last,” preceding. And the committee are of upinion, that the inability of Congress, to discharge the interests according to the promise, does not dissolve the same, that the creditors aforesaid are justly entitled to an equivalent, that the debt is created by the resolution of the 10th of September, 1777, and that no subsequent resolution has invalidated the intention thereof: Whereupon,
Resolved, That the interest which has or may become due on loan office certificates, bearing date between the 1st day of September, 1777, and the 1st. day of March, 1778, is not subjected to any depreciation.
On the report of the committee, to whom was referred the letter from the post-master general, of the 22d of November, with the paperg enclosed, respecting the robbery of the mail at Princeton,
Resolved, That the president issue a proclamation, offering a reward of 300 dollars, to be paid out of the public treasury, and charged on the revenue of the post-office, to any person or persons who shall apprehend and secure, in any of the goals in the United States, the perpetrator or perpetrators of the aforesaid robbery, so that he or they may be thereof legally convicted, and brought to condign punishment; and promising the same reward, with an indemnity to any person who being an accomplice, shall give information and evidence whereby any principal offender or offenders shall be convicted as aforesaid.
On motion of Mr. Read, seconded by Mr. Sherman,
Resolved, That a committee be appointed to devise ways and means for discharging that part of the public debt, consisting of continental loan-office certificates, issued between the 1st day of September, 1777, and the 1st day of March, 1778.
On motion of Mr. Gerry, seconded by Mr. Read,
Resolved, that a triplicate of the ratification of the definitive treaty, be sent to our ministers plenipotentiary, by lieutenant-colonel David S. Franks, who is authorized and directed to take passage in the first vessel which shall sail from any port eastward of Philadelphia, for France or any port in the channel, in which neither of the instruments of the ratification, already forwarded, may be sent, provided such vessel shall sail before the 3d day of February nest.
Ordered, That the superintendent of finance furnish lieutenant-colonel David S. Franks, with money to defray his necessary expenses in going and returning
FRIDAY, January 16, 1784. Congress assembled : Present as before.
SATURDAY, January 17, 1784. Only six states being represented ; namely, Rhode Island, Connecticut, Pennsylvania, Delaware, Maryland and Virginia ; and from the state of NewHampshire, Mr. Foster ; from Massachusetts, Mr. Osgood ; from New-Jersey, Mr. Beatty ; from North-Carolina, Mr. Williamson, and from South-Carolina, Mr. Read ; the president adjourned Congress till ten o-clock on Monday.
MONDAY, January 19, 1784. Three states only attending; namely, Massachusetts, Pennsylvania and North-Carolina ; and from the state of Connecticut, Mr. Sherman; from Delaware, Mr. Tilton ; from Maryland, Mr. Lloyd ; from Virginia, and Mr.Jefferson; the president adjourned Congress till ten o'clock to-morrow.
TUESDAY, January 20, 1784. Only five states attending; viz. Rhode Island, Connecticut, Pennsylvania, Maryland and Virginia ; and from the state of New-Hampshire, Mr. Foster; from Massachusetts, Mr. Patridge; from New Jersey, Mr. Beatty; from Delaware, Mr. Tilton ; from North-Carolina, Mr. Spaight, and from South-Carolina, Mr. Beresford; the president adjourned Congress to ten o'clock to-morrow.
WEDNESDAY, January 21, 1784. Congress assembled : Present, Massachusetts, Rhode-Island, Connecticut, Pennsylvania, Maryland, Virginia and North-Carolina ; and from the state of New Hampshire, Mr. Foster ; from New Jersey, Mr. Beatty ; from Delaware, Mr. Tilton, and from South-Carolina, Mr. Beresford.
The committee, consisting of Mr. Ellery, Mr. Hand, Mr. Spaight, Mr.Jefferson and Mr. Lee, to whom was referred a letter of the 6th November, from the legislature of New Hampshire, respecting the proceedings and sentence of the court of appeals in cases of capture, on the case of the ship Lusannab, having delivered in a report, the same was called for; Whereupon,
A motion was made by Mr. Howell, seconded by Mr. Ellery,
That the report be postponed till the state of New Hampshire, whose interests are thereby materially affected, shall be represented in Congress. The report being as follows: