copy of the commission of which it purports to be a copy, and which has been shown to Mr. Franklin and Mr. Jay.

RICHARD OSWALD,

The Commissioner therein named.

COMMISSION TO WILLIAM T. FRANKLIN.

To all to whom these Presents shall come, Benjamin Franklin and John Jay send greeting.

Whereas the United States of America in Congress assembled did, on the 15th of June, in the year of our Lord 1781, appoint and constitute the said Benjamin Franklin, John Jay, Jolin Adams, Henry Laurens, and Thomas Jefferson, and the majority of them, and of such of them as should assemble for the purpose, their Commissioners and Plenipotentiaries, to treat of, and conclude peace in their behalf; and whereas the said United States in Congress assembled did, on the 26th of June, in the year of our Lord 1781, appoint Francis Dana, until he could proceed to the Court of Petersburgh either in a public or private capacity, to be Secretary to the said Plenipotentiaries for negociating a peace with Great Britain, and in case Mr. Dana should have proceeded, or thereafter proceed to Petersburgh, or to any part of the dominions of the Empress of Russia, the Ministers appointed by the said act of Congress of the 15th of June, 1781, or a majority of such of them as should assemble, should be, and thereby were, authorised to appoint a Secretary to their commission, and that he be entitled to receive, in proportion to his time of service, the salary of one thousand pounds sterling per annum allowed to Mr. Dana. And whereas his Britannic Majesty has issued a commission, dated the 21st of September, 1782, to Richard Oswald, to treat of, and conclude peace with any Commissioners or persons vested with equal powers by, and on the part of the Thirteen United States of America; and whereas the said Richard Oswald is at Paris, ready to execute his said commission, and has exchanged with the said Benjamin Franklin and John Jay copies of their respective commissions, and entered on the business of the same, whereby the appointment of a Secretary to the American commission has become necessary, and the said Mr. Dana

now being at Petersburgh, the right of appointing such Secretary has, in pursuance of the afore-recited act of Congress, devolved on the said Commissioners, and on the majority of them, and of such of them as have assembled for the purpose of executing their said commission; and whereas Mr. Jefferson, one of the said Commissioners, has not come to Europe, and Mr. Laurens, another of them has declined to accept the said office, and Mr. Adams, another of them, is at the Hague, so that the said Benjamin Franklin and John Jay are the only Commissioners now assembled to execute the said commission: Now know ye, that they, reposing special trust and confidence in the ability and integrity of William T. Franklin, to perform and fulfil the duties of Secretary to their said Commission, have appointed and constituted, and by these presents do appoint and constitute, the said William T. Franklin Secretary to the said Commission.

In witness whereof, the said Benjamin Franklin and John Jay, have hereunto set their hands and seals, this first day of October, in the year of our Lord one thousand seven hundred and eightytwo, and in the seventh year of the Independence of the said United States. B. FRANKLIN, JOHN JAY.

Approved on my part, Mr. Franklin having acted with propriety as Secretary to the Commission from the time of my arrival here. HENRY LAURENS.

Paris, January 10th, 1783.

Approved on my part, Mr. Franklin having acted with propriety as Secretary to the Commission from the time of my arrival here. JOHN ADAMS.

Paris, September 8th, 1783.

RESOLUTIONS OF CONGRESS.

In Congress, October 3d, 1782.

On report of a committee, to whom were referred notes of a conference with the Minister of France, held by a Committee of Congress on the 24th of September last ;*

See these notes of a conference in the Secret Journals of Congress, Vol. III.,

p. 218.

VOL. V.-29

Resolved, That the Minister Plenipotentiary of his Most Christian Majesty be informed:

That the communication made by the said Minister on the 24th of September last, is considered by Congress as an additional proof of his Majesty's magnanimity, and has confirmed those sentiments of affection and confidence, which his wise, steady, and liberal conduct in every stage of the war had so justly inspired;

That his Most Christian Majesty's declaration to the British Minister at Paris, that he will neither treat, nor terminate any negociation, unless the interests of his allies and friends shall be considered and determined, is entirely correspondent to the part which these United States are resolved to take in any negociations for peace;

That Congress, with the utmost satisfaction, embrace this opportunity to renew their assurances, that, in every event, the United States will inviolably adhere to their alliance with his Most Christian Majesty, which they consider to be equally essential to their interest and their glory;

That they will hearken to no propositions for peace, which shall not be discussed in confidence and in concert with his Most Christian Majesty, agreeably to the declaration made to the Minister Plenipotentiary on the 31st day of May last ;*

*

That upon this principle, Congress did not hesitate a moment to reject the proposition made by the British General and Admiral, as commissioners of peace, for admitting Mr. Morgan, their Secretary, to an interview at Philadelphia;

And that they are resolved to prosecute the war with vigor, until a general peace shall be obtained, in which their allies shall be comprehended;

That Congress placed the utmost confidence in his Majesty's assurances that he will readily employ his good offices in support of the United States, in all points relative to their prosperity; and considering the territorial claims of these States, as heretofore made, their participation of the fisheries and of the free navigation of the Mississippi, not only as their indubitable right, but as essential to their prosperity, they trust that his Majesty's efforts will be successfully employed to obtain a sufficient provision and security for those

Secret Journal, Vol. III., p. 138.

rights. Nor can they refrain from making known to his Majesty, that any claim of restitution or compensation for property confiscated in the several States, will meet with insuperable obstacles; not only on account of the sovereignty of the individual States, by which such confiscations have been made, but of the wanton devastations which the citizens of these States have experienced from the enemy, and, in many instances, from the very persons in whose favor such claim may be urged;

That Congress trust that the circumstances of the allies, at the negociation for peace, will be so prosperous as to render these expectations consistent with the spirit of moderation recommended by his Majesty.

Ordered, That the committee who brought in the report, communicate to the honorable Minister of France the above answer of Congress to his communications.

Ordered, That the Secretary for Foreign Affairs transmit by the first opportunity a copy of the same to the Ministers of these States at foreign Courts.

ARTICLES AGREED ON BETWEEN THE AMERICAN AND BRITISH COM

*

MISSIONERS.

October 8th, 1782.

Articles agreed upon by and between Richard Oswald, the Commissioner of his Britannic Majesty, for treating of peace with the Commissioners of the United States of America, on the behalf of his said Majesty on the one part, and Benjamin Franklin and John Jay, 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 until his Britannic Majesty shall have agreed to the terms of peace between France and Britain, proposed or accepted by his Most Christian

These articles were sent to England for the King's consideration. See Franklin's Correspondence, Vol. II., p. 399.

Majesty; and shall be ready to conclude with him such treaty accordingly. It being the duty and intention of the United States not to desert their ally, but faithfully, and in all things, to abide by and fulfil their engagements with his Most Christian Majesty.

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 frame the articles of the proposed treaty, on such principles of liberal equality 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 the blessings of perpetual peace and harmony. 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; 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 remain to be their boundaries, viz:

The said States are bounded north by a line to be drawn from the northwest angle of Nova Scotia, along the highlands which divide those rivers which empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the northernmost head of Connecticut river; thence down along the middle of that river to the 45th degree of north latitude, and thence due west in the latitude 45 degrees north from the equator, to the northwesternmost side of the river St. Lawrence or Cadaraqui; thence straight to the south end of the Lake Nipissing, and thence straight to the source of the river Mississippi; west by a line to be drawn along the middle of the river Mississippi, from its source to where the said line shall intersect the 31st degree of north latitude; south by a line to be drawn due east from the termination of the line last mentioned, in the latitude of 31 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 straight to the