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Separate article to be referred to the definitive Treaty.

10. Neither shall the independence of the United States be construed any farther than as independence, absolute and unlimited in matters of government as well as commerce. Not into alienation, and therefore the subjects of his Britannic Majesty and the citizens of the United States shall mutually be considered as natural-born subjects, and enjoy all rights and privileges as such in the respective dominions and territories, in the manner heretofore accustomed.

PAPER mentioned in the close of Mr. Hartley's Letter of March 31, 1783.

1. That it is the opinion of this house, that whenever Great Britain thought proper to acknowledge the independence of America, the mode of putting it into effect most honourably for this country, would have been to have made the declaration of independence previous to the commencement of any treaty with any other power..

2. That a deviation from that line of conduct, has the effect of appearing to grant the independence of America solely to the demands of the House of Bourbon, and not, as was the real state of the case, from a change in the sentiments of this country, as to the object and continuance of the American war.

3. That when this house by its vote against the farther prosecution of offensive war in America, had given up the point of contest and adopted a conciliatory disposition, the pursuing those principles by an immediate and liberal negociation upon the basis of independence, at the same time expressing a readiness to conclude a general

peace with the allies of America upon honourable terms, would have been the most likely way to promote a mutual and beneficial intercourse between the two countries,-to establish peace upon a firm foundation, and would have prevented the House of Bourbon from having a right to claim any farther obligations from America, as the assertors of their independence,

4. That the minister who advised the late negociations for peace has neglected to make use of those advantages which the determination of the House put him in possession of that, by his delay in authorizing persons properly to negociate with the American Commissioners, he has shown a reluctance to acting upon the liberal principles of granting independence to America, as the determination of Great Britain upon mature consideration of the question; and has by such methods given advantage to the enemies of this country to promote and confirm that commerce and connection between the United States of America and themselves, which during the contest have been turned from their natural channel with this country, and which this peace so concluded has not yet contributed to

THE RIGHT HON. C. J. Fox, Secretary of State, to his Excellency B. FRANKLIN, ESQ.

Although it is unnecessary for me to introduce to your acquaintance a gentleman so well known to you as Mr. Hartley, who will have the honour of delivering to you this letter, yet it may be proper for me to inform you

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that he has the full and entire confidence of his Majesty's ministers upon the subject of his mission.

Permit me, Sir, to take this opportunity of assuring you how happy I should esteem myself if it were to prove my lot to be the instrument of completing a real and substantial reconciliation between two countries formed by nature to be in a state of friendship one with the other, and thereby to put the finishing hand to a building, in laying the first stone of which I may fairly boast that I had some share.

I have the honour to be, with every sentiment of regard and esteem, Sir, your most obedient humble servant,

C. J. Fox.

Three Articles proposed by the AMERICAN MINISTERS, and delivered to DAVID HARTLEY, Esq. the British Envoy.

April 29, 1783.

Art. 1. It is agreed that so soon as his Britannic Majesty shall have withdrawn all his armies, garrisons, and fleets from the United States of America, and from every port, post, place, and harbour within the same, as stipulated by the 7th article of the provisional treaty of 30th of November, 1782, then and thenceforth, for and during the term of years, all rivers, harbours, lakes, ports, and places, belonging to the United States, or any of them, shall be open and free to the merchants and other subjects of the crown of Great Britain, and his trading vessels; who shall be received, treated, and protected, like the merchant and trading vessels of the state

in which they may be liable to no other charges or duties.

And reciprocally all rivers, harbours, lakes, ports, and places, under the dominion of his Britannic Majesty, shall thenceforth be open and free to the merchants and trading vessels of the said United States, and of each and every of them who shall be received, treated, and protected, like the merchants and trading vessels of Great Britain, and be liable to no other charges or duties: saving always to the chartered trading companies of Great Britain, such exclusive use and trade of their respective ports and establishments, as neither the other subjects of Great Britain, nor any of the most favoured nation, participate in.

Art. 2. It is agreed that such persons as may be in confinement in the United States of America for or by reason of the part which they may have taken in the late war, shall be set at liberty immediately on the evacuation of the said states by the troops and fleets of his Britannic Majesty.

And it is likewise agreed that all such persons who may be in confinement in any parts under the dominion of his Britannic Majesty, for or by reason of the part which they may have taken in the late war, shall at the same time be also immediately set at liberty.

Art. 3. The prisoners made respectively by the arms of his Britannic Majesty, and those of the United States of America both by land and sea, shall be immediately set at liberty without ransom, on paying the debts they may have contracted during their captivity and each contracting party shall respectively reimburse the sums which shall have been advanced for the subsistence and

maintenance of their prisoners by the sovereign of the country where they shall have been detained according to thes receipts and attested accounts, and other authentic titles which shall be produced on each side.

19x85 en It' was' my intention to pay my devoirs at Versailles to-morrow. I thank your Excellency nevertheless for your kind admonition. I omitted two of the last three days from a mistaken apprehension that being holidays there would be no court. Mr. Laurens® and Mr. Jay are both invalids; and since my last severe fit of the gout, my legs have continued so weak, that I am hardly able to keep pace with the ministers, who walk fast, especially in going up and down stairs. I beg you to be assured, that whatever deficiency there inay be of strength, there is none of respect, in, Sir, your Excellency's most obedient, and most humble servant,

918 TO DAVID HARTLEY, ESQ. M. P.

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DEAR FRIEND, Passy, May 8, 1783, nons I send you enclosed the copies you desired of the papers I read to you yesterday. I should be happy. if I could see, before I die, the proposed improvement of the law of nations established. The miseries of mankind

• See the Proposition about Privateering, annexed to Letter to R. Oswald Esq. January 14, 1783..