Preliminary
Articles of Peace, November 30, 1782
Ratified by the
Declarations for Suspension of Arms and Cessation of Hostilities January 20,
1783
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, in behalf of his said Majesty, on the one part; and John Adams, Benjamin
Franklin, John Jay, and Henry Laurens, four 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 Terms of
a Peace shall be agreed upon, between Great Britain and France; and his Britannic
Majesty shall be ready to conclude such Treaty accordingly.
Whereas 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
Equity, and Reciprocity, as that partial Advantages, (those Seeds of Discord!)
being excluded, such a beneficial and satisfactory Intercourse between the
two Countries, may be establish'd, as to promise and secure to both perpetual
ARTICLE 1
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; 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 Viz
ARTICLE 2
From the north west Angle of Nova Scotia, Viz that Angle which is form'd 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
northwesternmost 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, untill it strikes the River Iroquois, or Cataraquy;
thence along the middle of said River into Lake Ontario; through the middle
of said Lake, untill 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 & 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 River Missisippi; thence by a Line to be drawn along the middle of
the said River Missisippi, untill 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 31 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
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 Highlands which
divide the Rivers that fall into the Atlantic Ocean, from those which fall
into the River Se 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 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 Laurence, 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 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 Creditors on either side, shall meet with no lawful Impediment
to the Recovery of the full value in Sterling Money of all bond 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 I~aws 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 universaly prevail. And that Congress
shall also earnestly recommend to the several States, that the Estates Rights
and Properties of such last mention'd Persons shall be restored to them; they
refunding to any Persons who may be now in Possession the bond 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 commenced 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 then immediately
cease: All Prisoners on both sides shall be set at Liberty, & his Britannic
Majesty shall, with all convenient speed, & 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 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 forthwith restored and delivered 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 be conquered by the Arms of either,
from the other, before the Arrival of these Articles in America, It is agreed
that the same shall be restored, without Difficulty, and without requiring
any Compensation.
Done at Paris,
the thirtieth day of November, in the year One thousand Seven hundred Eighty
Two
RICHARD OSWALD
[Seal]
JOHN ADAMS. [Seal]
B FRANKLIN [Seal]
JOHN JAY [Seal]
HENRY LAURENS. [Seal]
[On the page
of the original next after the above signatures, is the following, the brackets
being in the original.]
Witness
The Words [and
Henry Laurens] between the fifth and sixth Lines of the first Page; and the
Words [or carrying away any Negroes, or other Property of the American Inhabitants]
between the seventh and eighth Lines of the eighth Page, being first interlined
CALEB WHITEFOORD
Secretary to
the British Commission.
W. T. FRANKLIN
Sec. to the American Commission |