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No.
28
New
Jersey
Exemplication
[sic] of the Prelimi-
nary treaty with Great
Britain
& the ratification
thereof by Congress
November
7th 1783
Filed pr
Order
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1:
[paper Great Seal of the United States attested to by Elias
Boudinot (President of the Continental Congress) and Cha. Thomson
(Secretary)]
To all to
whom these presents shall come. Know Ye that among the Archives
of the United States in Congress assembled is lodged an Act and
Instrument
in the Words following –
"The
United States in Congress assembled to all who shall see these
Presents
Greeting –
Whereas in and by our Commission
dated at Philadelphia the fifteenth day of June in the Year of
our Lord One thousand seven hundred
and
eighty one the Honourable John Adams, Benjamin Franklin, John
Jay, Henry Laurens and Thomas Jefferson or a Majority of them or
of
such
of them as might assemble or in case of the death, absence
indisposition or other impediment of the others any one of them
were constituted
and appointed our Ministers with full power and authority general
and special to confer, treat agree and conclude with the Ambassadors,
Commissioners and Plenipotentiaries of the Princes
and States whom it might concern vested with equal powers relating
to the establishment
of Peace and whatsoever should be agreed and concluded for
us,
and in our Name to sign and thereupon make a Treaty or Treaties
and to
transact every thing that might be necessary for compleating,
securing and strengthening the great Work of Pacification in
as ample form
and with the same effect as if we were personally present and
acted therein; We promising at the same time in good faith
that we would
accept, ratify, fulfill and execute what should be agreed,
concluded and signed by our said Ministers Plenipotentiary
or a Majority
of
them or of such of them as might assemble, or in case of the
Death, Absence indisposition or other impediment of the others
by any
one
of them. And Whereas John Adams, Benjamin Franklin, John Jay
and Henry Laurens four of our said Commissioners in pursuance
of the
Powers
aforesaid, on the thirtieth day of November in the Year of
our Lord One thousand seven hundred and eighty two, with Richard
Oswald
Esquire,
Commissioner of his Britannic Majesty for treating of Peace
with the Commissioners of the United States of America, in
virtue of
powers
to him granted by his said Britannic Majesty, did conclude
and sign on the part of the United States of
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America and the Crown
of Great Britain Articles in the Words following –
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 Commissioners of his said Majesty on their behalf
of 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
until 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 established, as to promise and secure to both perpetual
peace and harmony.
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,
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, proprietary
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
2d.
From the North West angle of Nova Scotia viz that Angle which is
formed by a line drawn due North from the Source of Saint Croix
River to the Highlands, along the said Highlands which divides
those Rivers that empty themselves into the River Saint 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 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
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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 the 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 Missisippi, thence by a line to
be
drawn along the middle of the said River Mississippi until
it shall intersect the Northermost 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 Catahouche thence along the middle thereof
to the junction with the Flint River, thence straight to the head
of Saint Marys River, and thence down along the middle of Saint
Mary’s River to the Atlantic Ocean. East, by a line to be
drawn along the middle of the River Saint 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 Saint
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 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 Saint 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 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 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.
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Article 4 – 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 Prop[erti]es of Persons resident in
Districts in the possession of his Majestys 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 Properties of such las[t]
mentioned
Persons shall be restored to them; they refunding to any Persons
who may be now in possessi[on] 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 may 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 6. 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 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 then immediately 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
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Negroes or other property of the American Inhabitants,
withdraw all his Armies, Garrisons & 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 &
Papers, belonging to any of the said States, or their Citizens
which in the C[ourse 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 the 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 a[ny] Compensation.
Done at Paris
the thirtieth day of November in the Year One th[ous]and seven hundred
& eighty Two.
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R[i]chard
Oswald {LS} |
| Witness |
John
Adams {LS} |
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Caleb
Whitefoord Secy to the British Commission |
B. Franklin
{LS} |
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W:T
Franklin Secy to the American Commission |
John
Jay {LS} |
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Henry
Laurens {LS} |
Now Know Ye that We the United States in Congress assembled have
ratified and confirmed, and by these presents do ratify and confirm
the said Articles and every part Article and Clause thereof on our
part concluded and signed as aforesaid.
In
Testimony whereof we have caused our Seal to be hereunto affixed.
Witness
His Excellency Elias Boudinot President this fifteenth day of April
one thousand seven hundred and Eighty three and of our Sovereignty
and Independence the Seventh."
In Testimony
whereof the United States have caused their Great Seal to be affixed
to this Exemplification – Witness Charles Thomson Esquire
their Secretary and Keeper of their Great Seal. |

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