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natural liberty which he claimed for his fubjects, was now forced, against his own inclinations, to take to more ferious measures. His Majefty ordered Major-General Baron d'Eglof ftein, with four battalions of infantry, and four efcardons of cavalry, to enter the territory of Danzig, which the King's troops till then had not touched, and to block up the town from all fides by water and by land, though at a certain distance, for the rest to obferve the ftricteft difcipline, and to fuffer all foreign veffels to pafs without difficulty. This measure has not yet proved efficient to conquer the obitinacy of the city of Danzig, and has only produced a vague reply to General d'Eglofftein, dated the 16th of this month, whereby the magiftrate repeated his former declaration refpecting an armistice of two months, and considering as obligatory the former offers made to them only out of condefcenfion, they complain that now an entire and unlimited liberty of navigation is required of them. It is true, that during the conteft the King has feveral times propofed to the court of Warfaw, as well as to the magiftrate of Danzig, to allow his fubjects the free pailage only falvo jure, and until an amicable arrangement fhould take place; but according to the nature of things, and in conformity to the ftricteft equity, the trade required by thefe propofals was understood to be entirely free, and not limited to a fhort fpace of time. Now whereas the magiftrates have for a long time refufed thefe propofals, and at laft accepted them, only as if it were out of condefcenfion, confining their conceffion, in a vague and infidious manner, to articles of provifion only, and to the fhort period of two months, in which navigation cannot be prattifed, and which undoubtedly they would have fuffered to pafs without fettling the affair, after the reprifals had been once difcontinued, his Majefty cannot be any longer bound by thofe voluntary offers which have not been accepted, and feeing the inimical difpofition of the city of Danzig, and its obftinacy in oppreffing continually the Prullian LOND. MAG. App. 1783.

fubjects, his Majefty cannot but infift upon a final and radical determination of this affair, and unlimited conceffion to his fubjects of a free paffage through the territory of Danzig, and continue till then the meafures he has been obliged to adopt. But as his Majesty never had, nor has now, any hoftile defign, or to act contrary to treaties against the city of Danzig, and is rather difpofed to fupport its commerce in a manner confiftent with the advantages of his own dominions, the reprifals will continue no longer than the city of Danzig has restored to the Pruffian fubjects their free trade upon the footing it was before, and given them folemn affurance of a free paffage of their perfons and merchandize through the territory of Danzig, and till they have made to his Majesty a suitable fatisfaction for their infolent proceedings againit his officers and fubjects; this done, the reprisals will ceafe immediately.

If this relation of the true state of the affair fhould not proye fufficient to convince the impartial public, that through the whole of that contest the fault lies entirely on the fide of the city of Danzig, the following reafons may at least be expected to have that effect:

Confidering the affair, only with refpect to the principles of the law of nature and of nations, which is the only rule to decide by between independent ftates, and according to which, if not modified by particular treaties, his Majesty undoubtedly claims, with equal right, a free paffage of his fubjects through the mall territory of Danzig, as that city claims and enjoys the fame advantage, through the incomparably more extenfive dominions of his Majesty, and upon a much larger extent of the river Viftula. The city of Danzig cannot alledge in her favour a staple privilege, nor any concellions made to her by former fovereigns of Pruflia, nor conventions fubfifting between her and the adjoining countries, nor even fo much as a poffeffion of that right; in fhort, fhe cannot alledge a tingle reafon for ufurping an exclufive commerce in Poland, Prunia, and upon 4 H

the

the Viftula, and reftraining the natural liberty of the Pruffian fubjects to traverfe the territory of Danzig, to navigate a river common to both, and to carry on their own commerce. The city of Danzig has never before this time claimed any one of thefe rights; on the contrary, the magistrate, in a memorial prefented the 20th of February 1767 to his Majefty's Refident Sieur de Junk, acknowledged in exprefs terms, that the city of Danzig had never pretended to poffefs a ftaple privilege in regard to the Pruffian fubjects. That it would have been unjuít to have ftopped their goods in paffing Danzig on their way to or from Pruffia, and that at all times they have been allowed a free paffage.

Though at that time the queftion was only about the ancient kingdom of Fruifia, there can be no reafon to exercife against the inhabitants the flaple privilege of ancient Polish Pruffia, even at this time when they are become Pruffian fubjects, and the city of Danzig having acknowledged to poffefs no fuch right. The whole of what the city of Danzig can alledge in her favour amounts to no more than that the faid city has been built on the Vistula, and close to the fea, on purpofe to exercife an exclufive trade, and that in confequence of being an Hanfeatic town, the poffeffes, if not the Staple right, at leaft the jus emporii. But the firft of thefe pretenfions is entirely arbitrary, and founded upon no convention nor privilege whatever; and as to the fecond, the ancient Hanfa for centuries paft does not exist any more, and cannot impart any right to its members. In regard to other countries, no farther than thefe rights have

been confirmed by the fovereigns there of. Now this is a thing which has never happened; on the contrary, in moft of the treaties between Pruffia and Poland, particularly in that of 1436, it is expreffed, "commercia terra marique libera funto." But let it be admitted, that the fovereigns of Pruffia and Poland had exprefsly or tacitly allowed to the city of Danzig, in prejudice to their other fubjects, the odious privilege of an exclufive commerce, which, however, is not at all proved; fuch a conceffion cannot oblige his Majefty to facrifice in the fame manner the natural rights and liberty of his fubjects, to the avidity of a city, which after having been feparated from the reft of Pruffia is a stranger to him, fince by the partition treaty of 1773, no fuch exclufive trade has been ftipulated or referved for that city, and which it can no ways prove ever to have poffeffed with regard to the Pruffian fubjects, who till this year have, without contradiction, carried on a free navigation upon the Viftula, and in paffing the town of Danzig.

It appears that the inhabitants of Danzig feared more than any thing, that their trade by fea would be diminifhed by the Pruffian towns near it. But this commerce is not the fubject of the prefent queftion, for a fimilar apprehenfion, perhaps merely imaginary, ought not at least to have led them to affume a staple privilege against the Pruffians, which, they have already allowed themfelves, they are not enti tled to, nor to interrupt a commerce and navigation entirely free, and which at other times they have acknowledged to be fo.

His Majefty could not remain indifferent

*For the better conviction of the public, the identical expreffions of the memorial are annexed hereto." By a ftaple privilege is understood a privilege obtained by convention, to detain goods and merchandize coming by land, or upon the river, in order to put them up for fale, or even to fend them back again. The Jus Emporii is of a different nature, and is confined to fuch goods as ftrangers fend by fea to the port of the city in question, and which are obliged to be fold there to the inhabitants, and are not permitted to be carried eliewhere, The city of Danzig has never claimed a ftaple privilege against the Pruffian fubjects, it would have been unjuft to detain foreign goods going to, and coming from Pruffia; they have at all times been allowed a free paffage; but the city enjoys the jus emporu upon all foreign merchandize entering its harbour." Can the injuftice of the actual pret nfions of the magiftrate of Danzig be acknowledged in more exprefs terms than what the faid magiltrate has made ufe of himfelf, confidering that the jus emporii, which they cannot claim, neither with any foundation, is not at all applicable to the prefent cafe, goods arriving by fea being entirely out of the queftion. The magistrate in another memorial to the Privy Counsellor Riechart, dated 8th April, 1781, has again amply expatiated upon the difference between the Jus Emporii, and the Staple Privilege, and only claimed the firit.

ferent to fuch proceedings, nor fuffer his fubjects fituated on this fide the Viftula, in a lefs fertile country, to be obliged to buy at Danzig fuch commodities, which by paffing that city they could purchase at a much cheaper rate on the other fide of the Viftula.

no reafon to apprehend that the Pruffian towns will diminish their trade, by attracting part thereof to themselves. Their city has too many advantages to fear that catastrophe; advantages which nobody intends to deprive them of; befides, it could be proved that the trade of the towns in queftion has been formerly much more confiderable than what it is at prefent. Whoever weighs thefe reafons with due attention, and without partiality, muft abfolutely be convinced, that not the city of Danzig, but his Majefty the King of Pruffia, is the offended party; that he deNo-mands nothing but what is confiftent with juftice; that the meafures he has adopted against that city are not too fevere, but fuch as necefiity and custom require; that the inhabitants have no reafon to be under any apprehenfion for their liberty; and that they have it in their power to avert the reprifals, and remove the hardships which they have drawn upon themfelves, by procuring to his Majesty a juft fatisfaction, and to his fubjects a free paffage by land and water; fuch as they enjoy themfelves throughout the Pruffian dominions.

Although the magiftrate fhewed himself fometime inclined to allow the paffage of articles of provifion, yet fuch an offer could not be accepted as a favour, leaving the Pruffian fubjects to the caprice and arbitrary determinations of the people of Danzig, acknowledging thereby a right which they had never poffeffed before. thing can be farther from his Majefty's views, than to ruin the city of Danzig and its commerce. Independent of his Majesty's known attachment to juftice, his Majefty himfelf, and his fubjects, are concerned in the flourishing ftate of that city and the commerce of its inhabitants; but at the fame time they ought to contain themfelves with in due bounds, and not to pretend that the maintenance and welfare of his Majefty's fubjects fhould be facrificed to their intereft and avidity, contrary to all justice and equity. They have

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DEFINITIVE TREATY between GREAT-BRITAIN and the UNITED STATES of AMERICA, figned at Paris the 3d day of September, 1783.

In the name of the Most Holy and Undivided Trinity:

I of Moft Serene and

T having pleafed the Divine Providence to

Moft Potent Prince George the Third, by the Grace of God King of Great-Britain, France, and Ireland, Defender of the Faith, Duke of Brunswick and Lunenbourg, Arch-Treasurer and Prince Elector of the Holy Roman Empire, &c. and of the United States of America, to forget all paft mifunderstandings and differences that have unhappily interrupted the good correfpondence and friendship which they mutually with to reftore, and to establish such a beneficial and fatisfactory intercourfe between the two countries upon the ground of reciprocal advantages and mutual convenience, as may promote and fecure to both perpetual peace and harmony; and having for this defireable end already laid the foundation of peace and reconciliation by the Provifional Articles, figned at Paris, on the 30th of November, 1782, by the commiffioners empowered on each part, which articles were agreed to be inferted in, and to constitute the treaty of peace propofed to

be concluded between the crown of Great-Bri tain and the faid United States, but which treaty was not to be concluded until terms of peace fhould be agreed upon between Great-Britain and France, and his Britannic Majefty fhould be ready to conclude fuch treaty accordingly; and the treaty between Great-Britain and France having fince been concluded, his Britannic Majefty and the United States of America, in order to carry into full effect the Provifional Articles abovementioned, according to the tenor thereof, have conftituted and appointed, that is to fay, his Britannic Majefly, on his part, David Hartley, Efq. member of the parliament of Great-Britain, and the faid United States, on their part, John Adams, Efq. late a commiflioner of the United States of America at the court of Vedailles, late delegate in Congres from the State of Malachufett's, and chier justice of the faid State, and minister plenipotentiary of the laid United States to their High Mighunelles the States-General of the United Netherlands; Benjamin Franklin, Eiq. late delegate in Congre's trom the State of Penntylvania, Prefident of the Convention of the 4 H 2

faid

faid State, and Minifter-Plenipotentiary from the United States of America at the court of Verfailles; and John Jay, Efq. late Prefident of Congrefs, and Chief Juftice of the State of NewYork, and Minifter-Plenipotentiary from the faid United States to the court of Madrid, to be the plenipotentiaries for the concluding and figning the prefent definitive treaty; who, after having reciprocally communicated their refpective full powers, have agreed upon and confirmed the following articles:

Article I. His Britannic Majefty acknowledges the faid United States, viz. New Hampshire, Maffachufet's-Bay, Rhode-Ifland and Providence Plantations, Connecticut, New-York, New-Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, to be free, fovereign, and independent States, that he treats with them as fuch, and for himfelf, his heirs, and fucceffors, relinquithes all claims to the government, propriety, and territorial rights of the fame, and every part thereof.

II. And that all difputes which might arife iu future on the fubject of the boundaries of the taid United States may be prevented, it is hereby agreed and declared, that the following are and thall be their boundaries, viz. From the north-west angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the fource of St. Croix River to the Highlands, along the faid Highlands, which divide thofe rivers that empty themfelves into the River St. Lawrence from thofe which fall into the AtJantic Ocean, to the north-weiternmott 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 weft on faid latitude, until it itrikes the River Iroquois or Caatraquy; thence along the middle of faid river into Lake Ontario; through the middle of faid lake until it ftrikes the communication by water between that lake and Lake Erie; thence a ong the middle of faid communication into Lake Erie, through the middle of faid lake, unl it arrives at the water communication betyeen that lake and Lake Huron; thence through the middle of faid lake to the water communication between that lake and Lake Superior; thence through Lake Superior northward to the Iles Royal and Phelipeaux to the Long Lake; thence through the middle of faid Long Lake and the water communication between it and the Lake of the Woods to the faid Lake of the Woods; thence through the faid lake to the most northweitern point thereof, and from thence on a due weft courte to the River Miffilippi; thence by a line to be drawn along the middle of the faid River Miffiffippi until it shall interfect the north ernmost part of the thirty-first degree of north latitude. South, by a line to be drawn due east from the determination of the line lait mentioned in the latitude of thirty-one degrees north of the equator, to the middle of the River Apalachichola or Catahouche; thence along the middle thereof to its junction with the Flint River; thence ftrait to the head of St. Mary's River; and thence down along the middle of St. Mary's Kiver to the Atlantic Ocean. Eaft, by a line to be drawn along the middle of the River St. Croix, from its mouth in the Bay of Fundy to its

fource, and from its fource directly north to the aforefaid Highlands, which divide the rivers that fall into the Atlantic Ocean from thofe which fall into the River St. Laurence, 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 aforefaid boundaries between Nova Scotia on the one part, and Eaft Florida on the other, shall refpectively touch the Bay of Fundy and the Atlantic Ocean, excepting fuch islands as now are, or heretofore have been, within the limits of the faid province of Nova Scotia.

III. It is agreed that the people of the United States fhall continue to enjoy unmolefted the right to take fith of every kind on the grand bank, and on all other banks of Newfoundland, alío in the gulf of St. Lawrence, and at all other places in the fea, where the inhabitants of both countries ufed at any time heretofore to hih And alfo that the inhabitants of the United States thall have liberty to take fish of every kind on fuch part of the coast of Newfoundland as British fishermen fhall ufe (but not to dry or cure the fame on that ifland) and alfo on the coafts, bays, and creeks of all other of his Britannic Majesty's dominions in America; and that the American fishermen fhall have liberty to dry and cure fish in any of the unfettled bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador, fo long as the fame fhall remain unfettled; but fo foon as the fame, or either of them, fhall be fettled, it fhall not be lawful for the faid fishermen to dry or cure fish at fuch fettlement, without a previous agreement for that purpofe with the inhabitants, proprietors, or poffeilors of the ground.

IV. It is agreed that the creditors on either fide fhall meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted.

V. It is agreed that Congrefs fhall earnestly recommend it to the legislatures of the refpective States, to provide for the reftitution of all estates, rights, and properties, which have been contifcated, belonging to real British subjects; and alfo of the cftates, rights, and properties of perfons refident in districts in the poffeffion of his Majesty's arms, and who have not bor'n arms against the faid United States; and that perfons of any other defcription fhall have free liberty to go to any part or parts of any of the Thirteen States, and therein to remain twelve months unmoletted in their endeavours to obtain the rentitution of fuch of their estates, rights, and properties as may have been connicated; and that Congrefs thall alfo earneftly recommend to the feveral States a re-confideration and revifion of all acts or laws regarding the premilles, fo as to render the faid laws or acts perfectly confiftent, not only with justice and equity, but with that fpirit of conciliation which, on return of the bieflings of peace, thould univerfally prevail : And that Congrefs thall alfo earnestly recommend to the feveral States, that the citates, rights, and properties of fuch laft-mentioned perfons thail be restored to them, they refunding to any perious who may be now in pofleflion the bona fide price (where any has been given) which fuch perfoas may have paid on purchafing any of the fad

lands,

1783.
lands, rights, or properties, fince the confifca-

tion.

And it is agreed that all perfons who have any intereft in confifcated lands, either by debts, marriage fettlements, or otherwife, fhall meet with no lawful impediment in the profecution of their just rights.

VI. That there fhall be no future confifcations. made, nor any profecutions commenced against any perfon or perfons, for or by reafon of the part which he or they may have taken in the prefent war; and that no perfon fhall on that account fuffer any future lofs or damage, either in his perfon, liberty, or property; and that those who may be in confinement on fuch charges at the time of the ratification of the treaty in America thall be immediately fet at liberty, and the profecutions fo commenced be difcontinued.

VII. There fhall be a firm and perpetual peace between his Britannic Majefty and the faid States, and between the fubjects of the one, and the citizens of the other; wherefore all hoftilities, both by fea and land, thall from henceforth ceafe; all prifoners on both fides fhall be fet at liberty, and his Britannic Majesty hall, with all convenient speed, and without caufing any deftruction, or carrying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrifons, and fleets from the faid United States, and from every poft, place, and harbour within the fame; leaving in all fortifications the American artillery that may be therein and fhall alfo order and caufe all archives, records, deeds, and papers, belonging to any of the faid States, or their citizens, which in the Gourfe of the war may have fallen into the hands of his officers, to be forthwith reftored and delivered to the proper states and perfons to whom they belong.

VIII. The navigation of the river Miffiffippi, from its fource to the ocean, fhall for ever remain free and open to the fubjects of Great Britain, and the citizens of the United States.

IX. In cafe it fhould fo happen that any place or territory belonging to Great Britain, or to the United States, thould have been conquered by the arms of either from the other, before the arrival of the faid provifional articles in America, it is agreed that the fame thall be restored without difficulty, and without requiring any compenfation.

X. The folemn ratifications of the prefent treaty, expedited in good and due form, fhall be exchanged between the contracting parties in the space of fix months, or fooner, if poflible, to be computed from, the day of the fignature of the prefent treaty. In witnefs whereof, we, the underfigned their minifters plenipotentiary, have in their name, and in virtue of our full powers, figned with our hands the prefent definitive treaty, and caufed the feals of our arms to be affixed thereto.

Done at Paris, this third day of September,
in the year of our Lord one thousand feven hun-
dred and eighty-three.
(L. S.) JOHN ADAMS.
(L. S.) DAVID HARTLEY.

(L. S.) B. FRANKLIN.
(L. S.) JOHN JAY

GEORGE R.

GEORGE the Third, by the grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, Duke of Bruniwick and Lunenbourg, Arch-Treafurer and PrinceElector of the Holy Roman Empire, &c. To all to whom thefe prefents fhall come, greeting:

WHEREAS, for the perfecting and establishing the peace, friendship, and good understanding fo happily commenced by the provifional articles figned at Paris the thirtieth day of November luit, by the commiflioners of us and our good friends the United States of America, viz. New Hampshire, Maffachufett's-Bay, Rhode-Iiland, Connecticut, New-York, New-Jersey, Pennfylvania, the three lower counties on Delaware, Maryland, Virginia, North-Carolina, SouthCarolina, and Georgia, in North America, and for opening, promoting, and rendering perpetual the mutual intercourfe of trade and commerce between our kingdom and the dominions of the faid United States, we have thought proper to inveft fome fit perfon with full powers on our part, to meet and confer with the minifters of the faid United States now refiding at Paris, duely authorifed for the accomplishing of fuch laudable and falutary purpofes. Now, know ye, that we, repofing ipecial truft and confidence in the wifdom, loyalty, diligence, and circumfpection of our trufty and well-beloved David Hartley, Efq. (on whom we have therefore conferred the rank of our minifter-plenipotentiary) have nominated, constituted, and appointed, and by thefe prefents do nominate, conftitute, and appoint him our true, certain, and undoubted commiffioner, procurator, and plenipotentiary, giving and granting to him all, and all manner of faculty, power, and authority, together with general as well as fpecial order (fo as the general do not derogate from the fpecial, nor on the contrary) for us, and in our naine, to meet, confer, treat, and conclude with the minifter or ministers furnished with fufficient powers on the part of our faid good friends the United States of America, of, and concerning all fuch matters and things as may be requifite and neceflary for accomplishing and completing the feveral ends and purpotes herein before mentioned; and alio for us, and in our name, to fign fuch treaty of treaties, convention or conventions, or other inftruments whatsoever, as may be agreed upon in the premiffes; and mutually to deliver and receive the fame in exchange, and to do and per form all fuch other acts, matters, and things, as be may any ways proper and conducive to the purposes above-mentioned, in as full and ample form and manner, and with the like validity and effect, as we ourlelf, if we were prefent, could do and perform the fame; engaging and mifing, on our royal word, that we will accept, ratity, and confirm in the moft effectual manner, all fuch acts, matters, and things as fhall be fo tranfacted and concluded by our alorefaid commiffioner, procurator, and plenipotentiary; and that we will never furfer any perfon to violate the fame in the whole or in part, or to act contrary thereto. In teftimony and confirmation of all which, we have caufed our great feal of Great Britain to be affixed to theft prefents, figned with our royal hand.

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