Part 8

As to disputed boundaries, and other particulars, we refer you to the instructions given to Mr John Adams, dated 14th of August, 1779, and 18th of October, 1780,[5] from which you will easily perceive the desires and expectations of Congress. But we think it unsafe, at this distance, to tie you up by absolute and peremptory directions upon any other subject, than the two essential articles above mentioned. You are therefore at liberty to secure the interest of the United States, in such manner as circumstances may direct, and as the state of the belligerent, and the disposition of the mediating powers may require. For this purpose, you are to make the most candid and confidential communications upon all subjects to the Ministers of our generous ally, the King of France; to undertake nothing in the negotiations for peace or truce, without their knowledge and concurrence; and ultimately to govern yourselves by their advice and opinion, endeavoring in your whole conduct to make them sensible how much we rely upon his Majesty's influence for effectual aid in everything that may be necessary to the peace, security, and future prosperity of the United States of America.

If a difficulty should arise, in the course of the negotiation for peace, from the backwardness of Great Britain to acknowledge our independence, you are at liberty to agree to a truce, or to make such other concessions as may not affect the substance of what we contend for; and provided that Great Britain be not left in possession of any part of the United States.

SAMUEL HUNTINGTON, _President_.

FOOTNOTE:

[5] See these instructions in _John Adams's Correspondence_, Vol. IV p. 339; and _Secret Journal_, Vol. II. p. 339.

* * * * *

THE KING'S WARRANT FOR RICHARD OSWALD'S FIRST COMMISSION FOR NEGOTIATING PEACE.[6]

George R.

Our will and pleasure is, and we hereby authorise and command you forthwith to prepare a bill for our signature, to pass our great seal of Great Britain, in the words or to the effect following, viz;

George the Third, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, and so forth. To our trusty and well beloved Richard Oswald, of our city of London, Esquire, Greeting. Whereas by virtue of an Act passed in the last session of Parliament, entitled "An Act to enable his Majesty to conclude a peace or truce with certain Colonies in North America therein mentioned," it is recited, 'that it is essential to the interest, welfare, and prosperity of Great Britain and the Colonies or Plantations of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America, that peace, intercourse, trade and commerce, should be restored between them;' Therefore, and for a full manifestation of our most earnest wish and desire, and that of our Parliament to put an end to the calamities of war, it is enacted, that it should and might be lawful for us to treat, consult of, agree and conclude, with any Commissioner or Commissioners, named or to be named, by the said Colonies or Plantations, or with any body or bodies, corporate or politic, or any assembly or assemblies or description of men, or any person or persons whatsoever, a peace or truce with the said Colonies or Plantations, or any of them, or any part or parts thereof, any law, act, or acts of Parliament, matter or thing, to the contrary in anywise notwithstanding.

Now know ye that we, reposing special trust in your wisdom, loyalty, diligence, and circumspection in the management of the affairs to be hereby committed to your charge, have nominated and appointed, constituted and assigned, and by these presents do nominate and appoint, constitute and assign you, the said Richard Oswald, to be our Commissioner in that behalf, to use and exercise all and every the powers and authorities, hereby intrusted and committed to you, the said Richard Oswald, and to do, perform, and execute all other matters and things, hereby enjoined and committed to your care, during our will and pleasure, and no longer, according to the tenor of these our letters patent. And it is our royal will and pleasure, and we hereby authorise, empower, and require you, the said Richard Oswald, to treat, consult, and conclude with any Commissioner or _Commissioners, named or to be named, by the said Colonies or Plantations, and any body or bodies, corporate or politic, assembly or assemblies, or descriptions of men, or person or persons, whatsoever, a peace or truce with the said Colonies or Plantations, or any of them, or any part or parts thereof_; any law, act or acts of Parliament, matter or thing, to the contrary notwithstanding.

And it is our further will and pleasure, that every regulation, provision, matter or thing, which shall have been agreed upon between you, the said Richard Oswald, and such _Commissioner or Commissioners, body or bodies, corporate or politic, assembly or assemblies, descriptions of men, person or persons as aforesaid_, with whom you shall have judged meet and sufficient to enter into such agreement, shall be fully and distinctly set forth in writing, and authenticated by your hand and seal, on one side, and _by such seal or other signatures on the other as the occasion may require, and as may be suitable to the character and authority of the Commissioner or Commissioners, &c. as aforesaid so agreeing_, and such instruments so authenticated shall be by you transmitted to us through one of our principal Secretaries of State.

And it is our further will and pleasure, that you, the said Richard Oswald, shall promise and engage for us and in our royal name and word, that every regulation, provision, matter, or thing, which may be agreed to and concluded by you, our said Commissioner, shall be ratified and confirmed by us in the fullest manner and extent, and that we will not suffer them to be violated or counteracted either in whole or in part by any person whatsoever. And we hereby require and command all our officers, civil and military, and all others our loving subjects whatever, to be aiding and assisting unto you, the said Richard Oswald, in the execution of this our commission, and of the powers and authorities herein contained; provided always, and we hereby declare and ordain, that the several offices, powers and authorities hereby granted shall cease, determine, and become utterly null and void, on the first day of July, which shall be in the year of our Lord one thousand seven hundred and eightythree, although we shall not otherwise in the meantime have revoked and determined the same, in witness, &c. And for so doing this shall be your warrant.

Given at our Court of St James, the twentyfifth day of July, one thousand seven hundred and eightytwo.[7] In the twentysecond year of our reign. By his Majesty's command.

THOMAS TOWNSHEND.

To our Attorney or Solicitor-General.

FOOTNOTEs:

[6] The parts of this Commission, which were objected to by the American Commissioners are printed in italics.

[7] This commission was signed by the King on the 7th of August.

* * * * *

RICHARD OSWALD'S SECOND COMMISSION FOR NEGOTIATING PEACE.[8]

George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, and so forth. To our trusty and well beloved Richard Oswald, of our city of London, Esquire, Greeting. Whereas, by virtue of an Act passed in the last session of Parliament, entitled "An Act to enable his Majesty to conclude a peace or truce with certain colonies in North America therein mentioned," it is recited, 'that it is essential to the interest, welfare and prosperity of Great Britain and the Colonies or Plantations of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia in North America, that peace, intercourse, trade and commerce should be restored between them;' Therefore, and for a full manifestation of our earnest wish and desire, and of that of our Parliament, to put an end to the calamities of war, it is enacted, that it should and might be lawful for us to treat, consult of, agree and conclude, with any Commissioner or Commissioners, named or to be named by the said Colonies or Plantations, or any of them respectively, or with any body or bodies, corporate or politic, or any assembly or assemblies, or description of men, or any person or persons whatsoever, a peace or a truce with the said Colonies or Plantations, or any of them, or any part or parts thereof; any law, act, or acts of Parliament, matter or thing to the contrary, in anywise, notwithstanding.

Now know ye, that we, reposing special trust in your wisdom, loyalty, diligence and circumspection, in the management of the affairs to be hereby committed to your charge, have nominated and appointed, constituted and assigned, and by these presents do nominate and appoint, constitute and assign you, the said Richard Oswald to be our Commissioner in that behalf, to use and exercise all and every the powers and authorities hereby intrusted and committed to you, the said Richard Oswald, and to do, perform, and execute all other matters and things hereby enjoined and committed to your care, during our will and pleasure, and no longer, according to the tenor of these our letters patent. And it is our royal will and pleasure, and we do hereby authorise, empower, and require you, the said Richard Oswald, to treat of, consult, and conclude with any _Commissioners or persons vested with equal powers, by and on the part of the Thirteen United States of America, viz. New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America, a peace or a truce with the said Thirteen United States_; any law, act, or acts of Parliament, matter or thing to the contrary, in anywise, notwithstanding.

And it is our further will and pleasure, that every regulation, provision, matter or thing, which shall have been agreed upon between you, the said Richard Oswald, and such _Commissioners or persons as aforesaid_, with whom you shall have judged meet and sufficient to enter into such agreement, shall be fully and distinctly set forth in writing, and authenticated by your hand and seal on one side, _and by the hands and seals of such Commissioners or persons on the other_, and such instrument so authenticated shall be by you transmitted to us, through one of our principal Secretaries of State.

And it is our further will and pleasure, that you, the said Richard Oswald, shall promise and engage for us and in our royal name and word, that every regulation, provision, matter or thing, which may be agreed to, and concluded by you, our said Commissioner, shall be ratified and confirmed by us in the fullest manner and extent, and that we will not suffer them to be violated or counteracted, either in whole or in part, by any person whatsoever. And we do hereby require and command all our officers civil and military, and all others our loving subjects whatsoever, to be aiding and assisting unto you, the said Richard Oswald, in the execution of this our commission, and of the powers and authorities herein contained; provided always, and we do hereby declare and ordain, that the several offices, powers and authorities hereby granted, shall cease, determine, and become utterly null and void, on the first day of July, which shall be in the year of our Lord one thousand seven hundred and eightythree; although we shall not otherwise in the meantime have revoked and determined the same.

_And whereas in and by our commission and letters patent under our great seal of Great Britain, bearing date the seventh day of August last, we nominated and appointed, constituted and assigned you, the said Richard Oswald, to be our Commissioner to treat, consult of, agree and conclude, with any Commissioner or Commissioners, named or to be named, by certain Colonies or Plantations in America therein specified, a peace or a truce with the said Colonies or Plantations; now know ye, that we have revoked and determined, and by these presents do revoke and determine our said commission and letters patent, and all and every power, article and thing therein contained._ In witness whereof we have caused these our letters to be made patent.

Witness ourself at Westminster, the twentyfirst day of September, in the twentysecond year of our reign. By the King himself.

YORKE.

_Paris, October 1st, 1782._ I certify that the adjoining is a true 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_.

FOOTNOTE:

[8] The parts of this Commission, which were altered or added, in consequence of the objections of the American Commissioners to Mr Oswald's first commission, are printed in italics.

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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, John 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 Petersburg, either in a public or private capacity, to be Secretary to the said Plenipotentiaries for negotiating a peace with Great Britain, and in case Mr Dana should have proceeded, or thereafter proceed to Petersburg, 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 Petersburg, 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. Paris, January 10th, 1783.

HENRY LAURENS.

Approved on my part, Mr Franklin having acted with propriety as Secretary to the commission from the time of my arrival here. Paris, September 8th, 1783.

JOHN ADAMS.

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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;[9]

_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 negotiation, 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 negotiations 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;[10]

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 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 negotiation 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.

FOOTNOTES:

[9] See these Notes of a Conference in the _Secret Journals of Congress_, Vol. III. p. 218.

[10] _Secret Journal_, Vol. III. p. 138.

* * * * *

ARTICLES AGREED ON BETWEEN THE AMERICAN AND BRITISH COMMISSIONERS.[11]

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 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.