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American Peace Commissioners’ Answers to David Hartley’s Propositions for the Definitive Treaty, 29 June 1783

American Peace Commissioners’ Answers to David Hartley’s
Propositions for the Definitive Treaty

[Paris, 29 June 1783]1

To the 1st. This Matter has been already regulated in the 5 & 6th. Articles of the Provisional Treaty to the utmost extent of our Powers: The Rest must be left to the several States.

2d All the Lakes, Rivers, and Waters, divided by the Boundary Line or Lines between the United States and his Britannic Majesty’s Territories, shall be freely used and navigated by both Parties during the whole extent of such Division. Regulations concerning Roads, Carrying Places and any Land Communication between said Waters, whether within the Line of the United States or that of his Majesty, together with the Navigation of all Waters and Rivers in America belonging to either Party, may be made in a Negotiation of a Treaty of Commerce.2

3d. & 4th That in all Places belonging to the United States in the Country adjoining to the Water Line of Division, and which during the War were in his Majesty’s Possession, all Persons at present resident, or having Possessions or Occupations, as Merchants or otherwise, may remain in the peaceable Enjoyments of all civil Rights, and in pursuit of their Occupations until they shall receive Notice of Removal from Congress, or the State to which any such Place may appertain, and that upon any such Notice of Removal, a Term of two Years shall be allowed for selling or with drawing their Effects, and for settling their Affairs.

4. 5th. That his Britannic Majesty’s Forces not exceeding  3 in Number, may continue in the Posts now occupied by them, contiguous to the Water Line, untill Congress shall give them Notice to evacuate the said Posts; and Garrisons of their own shall arrive at said Posts for the Purpose of securing the Lives, Property and Peace of any Persons settled in that Country, against the Invasion or Ravages of the Neighbouring Indian Nations, who may be suspected of retaining Resentments in consequence of the late War.

6th. The Consideration of this Proposition may be left to the Treaty of Commerce.—

Cs, undated, DNA: PCC, 85: 324–25; and MHi: Adams; C, dated 29 June 1783, MiU-C: Hartley (EJ: 4954); Tr, DNA: PCC, 104, 4: 437–38. Enclosed in American Peace Commissioners to the Secretary for Foreign Affairs, 27 July 1783, below.

1See David Hartley’s Propositions for the Definitive Treaty of 19 June 1783, above. Hartley enclosed this reply, along with eight new propositions made by the American peace commissioners on or about 1 July in his letter to Fox of 1 July 1783. See American Peace Commissioners’ Propositions for the Definitive Treaty [c. 1 July], below; and Giunta, Emerging Nation description begins Mary A. Giunta et al., eds., The Emerging Nation: A Documentary History of the Foreign Relations of the United States under the Articles of Confederation, 1780–1789 (3 vols.; Washington, D.C., 1996) description ends , 1: 866–70.

2The commissioners included the substance of this article in article 15 of their revised proposal of 6 Aug. See Giunta, Emerging Nation description begins Mary A. Giunta et al., eds., The Emerging Nation: A Documentary History of the Foreign Relations of the United States under the Articles of Confederation, 1780–1789 (3 vols.; Washington, D.C., 1996) description ends , 1: 911. The new article removed the proviso that use of carrying places would be regulated by a treaty of commerce and provided simply for free use of the lakes, rivers, waters, and carrying places. On the commerce treaty, see the editorial note “Negotiating a Trade Agreement” on pp. 373–86 [1 June 1783].

3Space left blank in manuscript.

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