Preliminary Articles: First Draft, [5–8] October 1782
Preliminary Articles: First Draft
[Paris, [5–8] October 1782]
Articles agreed upon by and between Richard Oswald Esqr., 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, John Jay 1 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 His Britannic Majesty shall have agreed to the Terms of a Peace between France & Britain proposed ^or Accepted^2 by His Most Christian 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, nor to conduct any Separate Peace or Truce,3 but Faithfully, and in all things, to abide by and fulfill their Engagements with His most Christian Majesty.
Whereas reciprocal advantages & 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.
(1)
His Britannic Majesty acknowledges the Said United States. Viz. New Hampshire, Massachusetts Bay, Rhode Island & 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, & 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 North west angle of Nova Scotia along the High Lands which divide those Rivers which empty themselves into the River St Lawrence from those which fall into the Atlantic Ocean, to the Northermost head of Connecticut River; thence down along the midle of that River to the forty fifth degree of North Latitude and thence due West in the Latitude forty five degrees North from the Equator, to the Northwestermost Side of the River St Laurence or Cadaraquii, thence Streight to the South end of the Lake Nipissing, and then Streight to the Source of the River Missisippi; West, by a Line by a Li to be drawn along the midle of the River Missisippi from its Source to where the Said Line Shall intersect the Thirty first 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 thirty one degrees North of the Equator to the midle of the River Appalachicola or Catahouchi, thence along the midle thereof to its junction with the Flint River, thence Strait to the head of St. Marys River; and thence down along the head ^midle^ of St Marys River to the Atlantic Ocean. And East ^[in margin] alteration as undernoted4^ by a Line to be drawn along the midle of St Johns River, from its Source to its Mouth in the Bay of Fundy 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.
(2)
From and ^immediately^ after the Conclusion of the proposed Treaty, 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. Wherefor all hostilities, both by Sea and Land, shall then immediately Cease; All Prisoners on both Sides Shall be Sett at liberty; And His Britannic Majesty Shall forthwith, and without causing any destruction, 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 and5 [cause all Archives, Records, Deeds and Papers belonging to either 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 & persons to whom they belong.
3
That the Subjects of His Britannic Majesty and People of the Said United States Shall continue to enjoy unmolested the Right to take Fish of every kind on the Banks of Newfoundland and other places where the Inhabitants of both Countries used formerly, Viz before the last War between France and Britain, to fish; And also to dry and Cure the Same at the acustomed Places, whether belonging to His Said Majesty or to the United States. And His Britannic Majesty & the Said United States will extend equal Priviledges and Hospitality to each others Fishermen as to their own.
4
That the Navigation of the River Missisippi from its Source to the Ocean Shall for ever remain free and open, And that both there and in all Rivers, Harbors, Lakes, Ports and Places, belonging to His Britannic Majesty or to the United States in any part of the World, the Merchants & Merchant Ships of the one and the other Shall be recieved, treated & protected like the Merchants and Merchant Ships of the Sovereign of the Country. That is to say the British Merchants & Merchant Ships on the one hand Shall enjoy in the united States, and in all places belonging to them, the Same Protection & Commercial priviledges, and be liable only to the Same Charges & Duties as their own Merchants & Merchant Ships. And on the other Hand, the Merchants and Merchant Ships of the United States Shall enjoy in all places belonging to His Britannic Majesty the Same protection and Commercial priviledges, and be liable only to the Same Charges and Duties as British Merchants & Merchant Ships Saving always to the Chartered Trading Companys of Great Britain, Such exclusive Use and Trade, & their respective Posts and Establishments, as neither the other Subjects of Great Britain, nor any the most favoured Nation participate in—6
A true Copy of what has been agreed on between the American Commissioners and me, to be Submitted to His Majestys Consideration—7
Richard Oswald
Paris 8th Octr 1782
Alteration to be made in the enclosed Treaty, respecting the Boundaries of Nova Scotia. Viz: at the Word East—the true Line shall be Settled by Commissioners as Soon as conveniently may be after the War—
DS, in the hand of Oswald, with emendations by JJ as noted below, UkLPR: FO 27/ 2: 320–21. Endorsed by Oswald: “Articles / of the Treaty proposed to be / Concluded between / His Majesty and the / United States of America / 5th October 1782.” Endorsed, in a different hand: “In Mr. Oswalds / 7 Octor. 1782.” The articles were dispatched by Oswald on 8 October, enclosed in Oswald to Townshend, 7 Oct., below Cs, MiU-C: Shelburne 34 (EJ: 4957) and Shelburne 71; Additional texts recorded in PBF: 38: 190: DNA (6 texts); and MHi (3 texts). JJ embedded a copy in his letter to the Secretary for Foreign Affairs of 17 Nov. 1782, below. BF enclosed a copy in his letter to RRL of 5 Dec. 1782. , 38: 190–94, 412.
1. Apparently the space was left blank to include JA on his arrival.
2. Interlineation by JJ. See Oswald to Townshend, 7 Oct., below.
3. Deleted by JJ. See Oswald to Townshend, 7 Oct., below.
4. The undernote mentioned here appears at the end of the document and asserts: “Alteration to be made in the enclosed Treaty, respecting the Boundaries of Nova Scotia. Viz At the Word East—the true Line shall be settled by Commissioners as Soon as conveniently may be after the War—” This change was made following JJ’s consultation with BF regarding the boundaries. See Oswald to Townshend, 8 Oct., below.
5. Later marginal note: “a line cut off RL”. Text supplied from MiU-C copy.
6. This attempt to restore Anglo-American trade to its prewar status and to realize the commercial objectives articulated in the model treaty play of 1776 failed despite Benjamin Vaughan’s efforts to persuade Britain that it might derive significant advantages by granting the United States free trade both within the British Empire and from the Empire to foreign parts. The British cabinet dropped the commercial clause on 17 Oct. 1782 on grounds that the Crown had no authority to modify the Navigation Acts. In so doing, however, it instructed Oswald to assure the American commissioners that the king wanted to conclude a commercial treaty. The peace commissioners later compensated for omission of this article by agreeing to provide passports to merchants of both nations. See JJ to Benjamin Vaughan, 28 Mar. 1783, below; Vaughan to Shelburne, c. 8, 23, and 29 Oct. 1782, Tr, PPAmP: Vaughan; the editorial notes “Passports and the Cessation of Hostilities” and “Negotiating a Trade Treaty,” on pp. 313–16, 373–86; , 39: 120–22; and , 1: 308, 448. For RRL’s comments on the commerce clause, see his letter to JJ of 4 Jan. 1783, below.
7. This initial proposal omits all mention of two matters that the British cabinet considered essential: compensation for Loyalists whose property had been confiscated, and enforceable guarantees that British creditors could collect from American debtors.