1782.

November 30.

Provisional ar

ticles between the U. States

and Great Bri

tain.

Equity and reciprocity de

basis of this

treaty.

TREATIES AND CONVENTIONS

BETWEEN THE UNITED STATES OF AMERICA AND GREAT
BRITAIN.

No. 1.-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, Benj 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, 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 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. clared to be the 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.

His Britannic

majesty ac

ART. 1. His Britannic majesty acknowledges the said Uniknowledges the ted States, viz: New Hampshire, Massachusetts Bay, Rhode thirteen United Island and Providence Plantations, Connecticut, New York, States to be free Sovereign, and New Jersey, Pennsylvania, Delaware, Maryland, Virginia, independent. 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:

The boundaries of the U. States

ART. 2. From the northwest angle of Nova Scotia, viz. that & their territo- angle which is formed by a line drawn due north from the ries defined and 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

admitted.

1782. November 30.

The boundaries

tories defined

Atlantic ocean, to the northwesternmost 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 w.st on said latitude, until it strikes the river Iroquois or Ca- of the U. States taraquy; thence along the middle of said river into lake On- and their territario, through the middle of said lake until it strikes the com- and admitted. munication 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 northwestern point thereof, and from thence to 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 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 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 Atlantic ocean from those which fall into the river St. 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.

The people of

the U. States to have the right

ART. 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 other banks of to take fish on

1782.

November 30.

the Grand and

the coast of

Newfoundland; also in the gulf 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 other banks of inhabitants of the United States shall have liberty to take fish Newfoundland, of every kind on such part of the coast of Newfoundland as in the gulf of St. Lawrence, on British fishermen shall use (but not to dry or cure the same on Newfoundland, that island) and also on the coasts, bays and creeks of all other &c. and to dry of his Britannic majesty's dominions in America; and that the and cure them, for the present, American fishermen shall have liberty to dry and cure fish in bays, &c. of any of the unsettled bays, harbors, and creeks of Nova Scotia, Nova Scotia, &c 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.

in the unsettled

No impediment

recovery of

ART. 4. It is agreed that creditors on either side, shall allowed to the meet with no lawful impediment to the recovery of the full debts on either value in sterling money, of all bonâ fide debts heretofore contracted.

side.

Congress to recommend to the

restitution of

ART. 5. It is agreed that the congress shall earnestly recomrespective states mend it, to the legislatures of the respective states, to provide to provide the for the restitution of all estates, rights, and properties, which confiscated pro have been confiscated, belonging to real British subjects, and perty belonging to real British also of the estates, rights and properties of persons resident in subjects and o- districts in the possession of his majesty's arms, and who have thers, &c.

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 endeavors 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

1782. November 30.

lands, rights or properties, since the confiscation. And it is agreed, that all persons who have any interest in confiscated No lawful imlands, either by debts, marriage settlements, or otherwise, pediment in the shall meet with no lawful impediment in the prosecution of prosecution of just rights. their just rights.

the war to

ART. 6. That there shall be no future confiscations made, All confiscations, and pronor any prosecutions commenced against any person or per- secutions of sons for, or by reason of, the part which he or they may have persons, for the part they may taken in the present war; and that no person shall, on that have taken in 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.

cease.

petual peace.

Hostilities to

ART. 7. There shall be a firm and perpetual peace between A firm and perhis 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: cease. all prisoners on both sides shall be set at liberty, and his Bri- Prisoners to be tannic majesty shall, with all convenient speed, and without released, &c. causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, Armies & fleets garrisons, and fleets, from the said United States, and from from the U.S. every port, place, and harbor within the same; leaving in all fortifications the American artillery that may be therein; and Artillery to reshall also order and cause all archives, records, deeds, and papers, belonging to any of the said states, or their citizens, Archives, rewhich in the course of the war may have fallen into the hands cords, &c. to be of his officers, to be forthwith restored and delivered to the proper states and persons to whom they belong.

to be withdrawn

main.

restored.

of the Missis

ART. 8. The navigation of the river Mississippi, from its The navigation source to the ocean, shall forever remain free and open to the sippi to be free subjects of Great Britain, and the citizens of the United to both nations. States.

fore the arrival

in America, to

ART. 9. In case it should so happen that any place or ter- Conquests on ritory belonging to Great Britain or to the United States should either side, bebe conquered by the arms of either from the other, before the of these articles arrival of these articles in America, it is agreed, that the same be restored, shall be restored without difficulty, and without requiring any compensation.