« VorigeDoorgaan »
the Viftula, and reftraining the natural been confirmed by the fovereigns there liberty of the Prussian subjects to traverse of. Now this is a thing which has the territory of Danzig, to navigate never happened; on the contrary, in a river common to both, and to carry moft of the treaties between Prussia and on their own commerce. The city of Poland, particularly in that of 1436, it Danzig has never before this time is expressed, “ commercia terra mariqaz claimed any one of these rights; on the libera junto.” But let it be admitted, contrary, the magistrate, in a memorial that the sovereigns of Prussia and presented the 20th of February 1767 to Poland had expressly or tacitly allowed his Majesty's Resident Sieur de Junk, to the city of Danzig, in prejudice to acknowledged in express terms, that their other subjects; the odious privithe city of Danzig had never pretended lege of an exclusive commerce, which, to possess a staple privilege in regard however, is not at all proved; such a to the Prufian fubjects*. That it conceffion cannot oblige his Majesty to would have been unjuit to have stopped facrifice in the same manner the natural their goods in passing Danzig on their rights and liberty of his subjects, to way to or from Prussia, and that at all the avidity of a city, which after tiines they have been allowed a free having been separated from the rest of paf'age.
Prussia is a stranger to him, fince by the Though at that time the question was partition treaty of 1773, no such exonly about the ancient kingdom of clusive trade has been ftipulated or rePruilia, there can be no reason to served for that city, and which it can exercise against the inhabitants the flaple no ways prove ever to have possessed privilege of ancient Polich Prullia, even with regard to the Pruffian lubjects, at this time when they are become who till this year have, without conPruman subjects, and the city of Danzig tradiction, carried on a free navigation having acknowledged to poffefs no upon the Vistula, and in passing the such right. The whole of what the town of Danzig. city of Danzig can alledge in her It appears that the inhabitants of favour amounts to no more than that Danzig feared more than any thing, the said city has been built on the that their trade by sea would be diViitula, and close to the sea, on pur- minished by the Prussian towns near it. pose to exercise an exclusive trade, and But this commerce is not the subject of that in consequence of being an Han- the prefent question, for a fimilar apfeatic town, the possesses, if not the prehension, perhaps merely imaginary, ftaple right, at least the jus emporii. ought not at least to have led them to But the first of these pretensions is assume a staple privilege against the entirely arbitrary, and founded upon Prusians, which, they have already no convention nor privilege whatever; allowed themselves, they are not entiand as to the second, the ancient Hansa tled to, nor to interrupt a commerce for centuries paft does not exist any and navigation entirely free, and which more, and cannot impart any right to at other times they have acknowledged its members. In regard to other coun
to be so. tries, no farther than these rights have His Majesty could not remain indif
ferent * For the better conviction of the public, the identical expressions of the memorial are annexed hereto. “ By a staple privilege is understood a privilege obtained by convention, to detain gcods and merchandize coming by land, or upon the river, in order to put them up for sale, or even to send them back again. The Jus Emporii is of a different nature, and is confined to such ,goods as strangers fend by sea 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 elsewhere. The city of Danzig has never claimed a staple privilege against the Pruffian subjects, it would have been unjust to detain foreign goods going to, and coming from Pruffia; they have at all times been allowed a free paflage; but the city enjoys the jus emporti upon all foreign merchandize entering its harbour.” Can the injustice of the actual prer nsions of the magistrate of Danzig be acknowledged in more express terms than what the said magiltrate has made ule of himself, contidering that the jus emporii, which they cannot claim, neither with any foundation, is not at all applicable to the present case, goods arriving by fea being entirely out of the question. The magistrate in another memorial to the Privy Counsellor Riechart, dated 8th April, 1781, has again amply expatiated upon the ditkerence between the Jus Emporii, and the Stapic Privilege, and only claimed the first.
ferent to such proceedings, nor suffer no reason to apprehend that the Prufhis subjects situated on this fide the fian towns will diminish their trade, by Viftula, in a less fertile country, to be attracting part thereof to themselves. obliged to buy at Danzig such commo- Their city has too many advantages to dities, which by passing that city they fear that catastrophe; advantages which could purchase at a much cheaper rate nobody intends to deprive them of; on the other side of the Viftula. besides, it could be proved that the
Although the magistrate thewed trade of the towns in question has been himself sometime inclined to allow the formerly much more considerable than paffage of articles of provision, yet what it is at present. Whoever weighs such an offer could not be accepted as these reasons with due attention, and a favour, leaving the Prussian subjects without partiality, muít absolutely be to the caprice and arbitrary determina- convinced, that not the city of Dantions of the people of Danzig, ac- zig, but his Majesty the King of Prufknowledging thereby a right which fia, is the offended party; that he dethey had never poffeired before. No- mands nothing but what is consistent thing can be farther from his Majesty's with justice; that the measures he has views, than to ruin the city of Dan- adopted again that city are not too zig and its commerce. Independent of severe, but such as necesity and custom his Majesty's known attachment to require; that the inhabitants have no justice, his Majesty himself, and his reason to be under any apprehension subjects, are concerned in the flourish- for their liberty; and that they have it ing state of that city and the commerce in their power to avert the reprisals, of its inhabitants; but at the same time and remove the hardships which they they ought to contain themselves with. bave drawn upon themselves, by proin due bounds, and not to pretend that curing to his Majesty a just satisfaction, the maintenance and welfare of his and to his subjects a free paffage by Majesty's subjects should be sacrificed land and water; such as they enjoy to their interest and avidity, contrary themselves throughout the Pruilian doto all justice and equity. They have minions.
STATE PAPERS. 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 Undi- be concluded between the crown of Great-Bri. vided Trinity:
tain and the said United States, but which treaty *T having pleased the Divine Providence to was not to be concluded until terms of peace
should be agreed upon between Great-Britain and Most Potent Prince George the hird, by the France, and his Britannic Majesty thould be ready Grace of God King of Great-Britain, France, tu conclude such treaty accordingly; and the and Ireland, Defender of the Faith, Duke of treaty between Great-Britain and France having Brunswick and Lunenbourg, Arch-Treasurer and fince been concluded, his Britannic Majelty Prince Elector of the Holy Roman Empire, &c.
and the United States of America, in order to and of the United States of America, to forget all carry into full creet ihi Povilion al Articles abovepalt misunderstandings and differences that have mentioned, accoring the tenor thereof, have unhappily interrupted the good correspondence coniticuted and appointed, that is to tay, his and friendship which they mutually wish to re- Britannic Majefiy, on his part, David Hartley, store, and to establish such a beneficial and latis. Elg. member of the parliament of Grear-Britain, factory intercourse between the two countries upon and the faid United States, on their part, John the ground of reciprocal advantages and muiual Adams, Liq. late a commillioner of the United convenience, as may promote and fecure to both States of America at the court of Vertailles, laie perpetual peace and harmony; and having tor delegate in Congrets from the State oi Mailacious this defireable end already laid the foundation of lett's, and chier jutice or the laid State, und peace and reconciliation by the Provisional Ar- minister plenipntentiary of the land United States ticles, ligncd at Paris, on the 30th of November, to their iich Migluresits the states.Generui of 1782, by the commillioners empowered on cach the United Necherianus; Benjamin isankan, part, which articles were agreed to be inferted in, Liq. late delegate in Congres frein the Staie oi and to conititute the treaty of peace proposed to
Pennylvania, Prelivent of the Convention if the 4 H 2
said State, and Minister-Plenipotentiary from the source, and from its source directly north to the United States of America at the court of Ver. aforesaid Highlands, which divide the rivers that sailles; and John Jay, Esq. late President of fall into the Atlantic Ocean from those which Congress, and Chief Justice of the Sta'e of New- fall into the River St. Laurence, comprehending York, and Minister-Plenipotentiary from the laid all islands within twenty leagues of any part of United States to the court of Madrid, to be the the shores of the United States, and lying between plenipotentiaries for the concluding and ligning lines to be drawn due east from the points where the present definitive treaty; who, after having the aforesaid boundaries between Nova Scotia on reciprocally communicated their respective full the one part, and East Florida on the other, shall powers, have agreed upon and confirmed the fol- respectively touch the Bay of Fundy and the Ate lowing articles :
lantic Ocean, excepting luch islands as now are, Article I. His Britannic Majesty acknowledges or heretofore have been, within the limits of the the said United States, viz. New Hampshire, faid province of Nova Scotia. Mailachuset's-Bay, Rhodc-Iland and Providence Ill. It is agreed that the people of the United Plantations, Connecticut, Nuw-York, New-jer- States Thall continue to enjoy unmolested the right ley, Pennfylvania, Delaware, Maryland, Vir- to take tish of every kind on the grand bank, ginia, North Carolina, South Carolina, and and on all other banks of Newfoundland, allo Georgia, to be free, suvertign, and independent in the gulf of St. Lawrence, and at all other States, that he create with them as such, and for places in the sea, where the inhabitants of both himtelf, lois heirs, and fui ceilors, relinquithes countries used at any time heretofore to th.. all claims to the gove piment, propriety, and icr- And also that the inhabitants of the United States ritorial rights of the came, and every part thereof. Shall have liberty to take fish of every kind on
II. And that all difpuies which might arife iu such part of the coast of Newfoundland as British fiture on the subject of the boundaries of the fishermen hall use (but not to dry or cure the laid United States may be prevented, it is here- fame on that island) and also on the coafts, bays, by agreed and declared, that the following are and creeks of all other of his Britannic Majesty's illd shall be their boundaries, viz. From the dominions in America ; and that the American acrth-weit angle of Nova Scotia, viz. that angle fiihermen thall have liberty to dry and cure fith utih is tormed by a line drawn due r.orth tron in any of the unsettled bays, hasbours, and i'ic fore of St. Croix River to the Highlands, creeks of Nova Scotia, Magdalen Inands, and along the fuid Highlands, which divide thote Labrador, so long as the same shall remain unrivers that empty themtelves into the River Sio settled; but so soon as the same, or either of them, Laurence from Thote which fall into the At. Thall be settled, it shall not be lawful for the said Jantic Ocean, to the north-western mot head of fishermen to dry or cure tilh at such settlement, Connecticut River; thence down along the mid- without a previous agreeinent for that purpose dle of that river to die forty-fith degree of north with the inhabitants, proprietors, or pofleilors of latitude; from ther.ce, by a line due went on faid the ground. latitude, until it Itrikes the River Iroquois or IV. It is agreed that the creditors on either side Caatraquy; thence along the middle of laid ri. shall meet with no lawful impediment to the rever into Luke Ontario; through the middle of covery of the full value in ferling money of all laid lake until it stukes the communication by bona fide debes heretofore contracted. water between th it lake and Lake Erie ; thence Viltis agreed that Congress thall earnestly rea ong the middle of taid communication into commend it to the legislatures of the respective Lake Erie, through the middle of laid lake, un. States, to provide for the restitution of all ettates, ad it arrives at the water communication be- rights, and properties, which have been contra ty een that lake and Lake Iluron; thence through cated, belonging to real British subjects; and the middle of faid lake to the water communica- also ot the citates, rights, and properties of perzion between that lake and Lake Superior; thence fons revident in districts in the possession of his through Lake Superior northwarù to the Illes Majesty's arms, and who have not bor’n arms Royal and l'helipeaux to the Long Lake; thence against the laid United States ; and that persons through the middle of laid Long Lake and the of any other description thall have free liberty kater communication between it and the Lake of to go to any part or parts of any of ihe Thirteen the Woods to the faid Lake of the Woods ;; States, and therein to remain twelve months unthence through the faid lake to the most north- molested in their endeavours to obtain the restiwestern point thereof, and from thence on a due tution of such of their eitates, rights, and prowelt courle w the River Mifflippi; thence by a perties as may have been connicated; and ihat line to be drawn along the midule of the said Congress thali allo carnettiy recommend to the River Millissippi until it Thail interiect the north- several States a re-contideration and revision of ernmost part of the thirty-first degree of north all acts or laws regarding the premities, so as to latitude. "South, by a line to be drawn due eart render the said laws or acts perfectly confitent, from th: determination of the line lait mentioned not only with juitice and equity, but with that is the latitude of thirty-one degrees north of the spirit of conciliation which, on return of the equator, to the midule of the River Apalachi- blettings of peace, thould universally prevail: chola or Catahouche ; thence along the middle And that Congress thall al'o earneitly recomiend thereot to its junction with the Flint River; to the feveral States, that the citate, riches, and ihence ftrait to the head of St. Mary's River; properties of such latt-mentioned persons ihail be and thence down along the iniddle oi St. Mary's restored to them, they refunding to any perious River to the Atlantic Ocean. Eust, by a line who may be now in potlcilion the bona fide price to be drawn along the middle of the River St. (where any has been given) which such pertos Croix, irom its mouit in die Bay of Fundy to its may have paid on purchasing any of the tald
lands, rights, or properties, since the confisca- GEORGI R. tion.
GEORGE the Third, by the grace of And it is agreed that all persons who have any God, King of Great Britain, France, and Ireinterest in confiscated lands, either by debts, mar- land, Detender of the Faith, Duke of Bruniwick riage settlements, or otherwile, thall meet with and Lunenbourg, Arch-Treasurer and Princeno lawtul impediment in the profecution of their Elector of the Iloly Roman Empire, &c. To all just rights.
to whom these presents shall coine, greeting : VI. That there shall be no future confiscations WHEREAS, for the perfecting and establishmade, nor any prosecutions commenced against ing the peace, friendship, and good understanding any person or pertons, for or by reason of the so happily commenced by the provision.ıl articles part which he or they may have taken in the pre- signed at Paris the thirtieth day of November lent war; and that no person thall on that ac- latt, by the commillioners of us and our goot count suffer any future loss or damage, either friends the United States of America, viz. New in his perfon, liberty, or property ; and that Hampthire, Maflachulett's-Bay, Rhode Island, those who may be in continement on such Connecticut, New York, New - Jersey, Pennsyla charges, at the time of the ratification of the vania, the three lower counties on Delaware, treaty in America thall be immediately set at Maryland, Virginia, North-Carolina, Southliberty, and the prosecutions so commenced be Carolina, and Georgia, in North Ainerica, and discontinued.
for opening, promoting, and rendering perpetual VII. There shall be a firm and perpetual peace the mutual intercourfe of trade and commerce between his Britannic Majcity and the said States, between our kingdoms and the dominions of and between the subjects of the one, and the the said United States, we have thought proper citizens of the other; wherefore all hoitiligies, to inveit some fit person with tull
powers on our both by sea and land, thall from henceforth part, to meet and confer with the ministers of ceare; all prisoners on boui fides shall be set at the said United States now residing at Paris, liberty, and his Britannic Majcity Mall, with all duely authorised for the accomplishing of luch convenient speed, and without cauling any de- laudable and falutary purposes. Now, know ye, struction, or carrying away any negroes, or other that we, repoting ipecial trust and confidence property of the American inhabitants, withdraw in the wisdom, loyalty, diligence, and circumall his armies, garrisons, and Heets from the said spection of our trusty and well-beloved David United States, and from every poit, place, and Hartley, Esq. (on whom we have therefore conharbour within the same ; leaving in all fortiti- ferred the rank of our minister-plenipotentiary) cations the American artillery that may be there- have nominated, constituted, and appointed, and in : and shall allo order and cause all archives, by these presents do nominate, contticute, and records, deeds, and papers, belonging to any of appoint hin our true, certain, and undoubted the said States, or their citizens, which in the commissioner, procurator, and plenipotentiary, course of the war may have fallen into the hands giving and granting to him all, and all manner of his officers, to be forthwith restored and de- of faculty, power, and authority, together with livered to the proper states and persons to whom general as well as fpecial order (fo as the general they belong.
do rot derogate from the special, nor on the conVIII. The navigation of the river Miffillippi, trary) for us, and in our naine, to meet, conser, from its fource to the ocean, thall for ever remain treat, and conclude with the minister or ministers free and open to the lubjects of Great Britain, furnished with fuflicient powers on the part of and the citizens of the United States.
our faid good friends the United States ot Ame. IX. In case it should to happen that any place rica, of, and concerning all luch matters and or territory belonging to Great Britain, or to things as may be requisite and neceilary for acthe United States, should have been conquered complifting and completing the leveral ends and by the arms or either from the other, before the purpo.es herein before mentioned ; and alio for arrival of the said provifional articles in America, us, and in our name, to sign luch treaty or it is agreed that the fame shall be reitored with treaties, convention or conventions, or other out difficulty, and without requiring any compen
initruments whatlover, as inay be agreed upon fation.
in the premisles; and mutually to deliver and reX. The folemn ratifications of the present ceive the same in exchange, and to do and pertreaty, expedited in good and due form, shall form all fuch other acts, inat:ers, and things, as be exchanged between the contracting parties in may be any ways proper and conducive to the the space of fix months, or tooner, if poilible, purposes above-mentioned, in as full and ample to be computed from the day of the fignature of form and manner, and with the like validity and He present treaty. In witness whereot, we, the citect, as we ourlelf, if we were prefent, could underligned their ministers plenipotentiary, have do and perform the fame ; engaging and proin their name, and in viriue of our full powers, miting, on our royal word, that we will accept, figned with our hands the prefent definitive trea- rality, and confirm in the most effectual manty, and caused the seals of our arms to be affixed ner, all such acts, matiers, and things as shall be thereto.
so transacted and concluded by our atoresaid comDone at Paris, this third day of September, millioner, procurator, and plenipotentiary; and in the year of our Lord one thousand seven hun- that we will never luter any perion to violate the dred and eighty-three,
Lame in the whole or in pari, or to act contrary (L.S.) JOHN ADAMS. thereto. In testimony and confirmation of all (L. S.) DAVID HARTLEY.
which, we have caused our great seal of Great (L. S.) B. FRANKLIN. Britain to be affixed to these presents, ligned with (L. S.) JOAN JAY. our royal hand.
Given at our Palace at St. James's, the Four- monwealth of Virginia, have nominated, con
teenth day of May, in the year of our Lord, ftituted, and appointed, and by thete preients do one thousand seven hundred and eighty- nominate, constitute, and appoint the said Benthree; and in the twenty-third year of our jamin Franklin, John Jay, Henry Laurens, and reign.
Thomas Jefferson, in addition to the faid John 1, David Hartley, the minister above-named, Adams, giving and granting to them, the faid certify the foregoing to be a true copy from my John Adams, Benjamin Franklin, John Jay, original commiilion, delivered to the American Henry Laurens, and Thomas Jefferson, or the ministers, this 19th day of May, 1783.
majority of them, or of such of them as may al(Signed)
semble, or in case of the death, absence, indif. DAVID HARTLEY. position, or other impediments of the others, to The United States of America in Congress af- any one of them, full power and authority, ge; sembled:
neral and special, conjunctly and feparately, and To all to whom these presents shall come send general and special command to repair to such Greeting :
place as may be fixed upon for opening negociaWHEREAS these United States, from a
tions for peace, and there, for us, and in our fincere defire of putting an end to the hostilities
name, to confer, treat, agree, and conclude between his Most Christian Majetty and these with the ambassadours, commissioners, plenipoUnited States on the one part, and his Britannic tentiaries of the princes and Itates whom it may Majesty on the other, and of terminating the fame
concern, vested with equal powers relating to the by a peace founded on such solid and equitable establishment of peace; and whatsoever ihall be principles as reasonably to promise a permanency agreed and concluded, for us and in our name to of the blessings of tranquillity, did heretofore ap- fign; and thereupon make a treaty or treaties, point the Hon. John Adams, late a commissioner and to transact every thing that may be neceilary of the United States of America at the court of for completing, securing, and itrengthening the Versailles, late delegate in Congress from the
great work of pacification, in as ample torm, state of Massachusutt's, and Chief Justice of the and with the same effect, as if we were personfaid ftate, their Minister Plenipotentiary, with ally present and acted therein, hereby promising full powers general and special to act in that qua- in good faith that we will accept, ratify, fulfil, lity, to conter, treat, agree, and conclude with and execute whatever shall be agreed, concluded, the ambassadors or plenipotentiaries of his Moft and ligned by our said Ministers Plenipotentiary, Christian Majesty, and of his Britannic Majesty, or a majority of them, or of such of them as may and those of any other princes or states whom afsemble, or in case of the death, absence, indiit might concern, relating to the re-establishment pofition, or other impediment of the others, by of peace and friendship; and whereas the flames
any one of them; and that we will never act nor of war have since that time been extended, and suffer any perfon to act contrary to the same, in other nations and states are involved therein: whole or in any part. Now, know ye, that we still continuing earnestly In witness whereof we have caused these pre. desirous, as far as depends upon us, to put a stop sents to be signed by our president, and sealed to the effufion of blood, and to convince the with his seal. powers of Europe, that we with for nothing more
Done at Philadelphia, the fifteenth day of ardently than to terminate the war by a fale and
June, in the year of our Lord one thousand honourable peace, bave thought proper to renew leven hundred and eighty-one, and in the the powers formerly given to the said John Adams,
fifth year of our independence, by the Uniand to join four other persons in committion with
ted States in Congress aslembled. him; and having full contidence in the integrity,
(Signed) prudence, and ability of the Hon. Benjamin
SAM. HUNTINGTON, President. Franklin, our Minister Plenipotentiary at the court
CHARLES THOMPSON, Secretary. of Veriailles; and the Hon. Join Jay, late Pre- We certify the foregoing copies of the respecfident of Congress and Chiet Juitice of the state tive full powers to be authentic. Paris, Sept. 3, of New-York, and our Minister Plenipotentiary 1783. at the court of Madrid; and the Hon. Henry
(Signed) Laurens, formerly President of Congress, and
GEORGE HAMMOND, Secretary committionated and tent as our agent to the
to the Brilh commifiion. United Provinces of the Low Countries; and the
W. T. FRANKLIN, Secretary to Hon. Thomas Jefferson, Governor of the com
the American commitlion.
AMERICAN PAPERS. An act of the General Allembly of Rhode-Pand, acknowledging and paying obedience to the civil palled in February, 1783.
magnitrate, shall be admitted irremen, and ina! the thereof it is enacted,
within this State, both and civil, the rights and privileges of the Protestant subjects exception in the fud aci to the contrary nocnitliof this State, as declared in and by an act inade ftanaing" and passed the ist day of March, Anno Domini The above is a true copy of an act, passed by 1663, be and the same are hereby fully extended the General Assembiy, at February Sesi.cii, to Roman Catholics; and that they, being of Annog; Domini 1783. competent estates and civil conversation, and
HENRY WARD, Sec.