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of the neighbouring Indian nations who may be suspected of retaining resentments in consequence of the late war.

6. That no tax or impost whatsoever shall be laid on any articles of commerce passing or repassing through the country, but that the trade may be left entirely open for the benefit of all parties interested therein.

ANSWERS TO MR. HARTLEY'S six Propositions for the definitive Treaty.

To the 1st. This matter has been already regulated in the 5th and 6th articles of the provisional treaty to the utmost extent of our powers: the rest must be left to the several States.

2. All the lakes, rivers and waters divided by the boundary line or lines, between the United States and his Britannic Majesty's territories, shall be freely used and navigated by both parties during the whole extent of such division. Regulations concerning roads, carrying places and any land communications between said waters, whether within the line of the United States or that of his Majesty, together with the navigation of all waters and rivers in America belonging to either party, may be made in a negociation of a treaty of

commerce.

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3. That in all places belonging to the United States in the country, adjoining to the water line of division, and which during the war were in his Majesty's possession, all persons at present resident, or having possessions or occupations, as merchants or otherwise, may remain in the peaceable enjoyment of all civil rights, and in pursuit of their occupations until they shall receive notice of removal from Congress, or the state to which any such place may appertain, and that upon any such notice of removal, a term of two years shall

VOL. II.

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be allowed for selling or withdrawing their effects and for settling their affairs.

4. That his Britannic Majesty's forces not exceeding in number, may continue in the posts now occupied by them, contiguous to the water line, until Congress shall give notice to evacuate the said posts; and garrisons of their own shall arrive at said posts for the purpose of securing the lives, property and peace of any persons settled in that country, against the invasion or ravages of the neighbouring Indian nations, who may be suspected of retaining resentments in consequence of the late war.

5. The consideration of this proposition may be left to the treaty of commerce.

DEAR SIR,

TO HENRY LAURENS, Esq.

Passy, July 6, 1783. We have been honored with several of your letters, and we have talked of writing to you, but it has been delayed. I will therefore write a few lines in my private capacity.

Our negociations go on slowly, every proposition being sent to England, and answers not returning very speedily.

Captain Barney arrived here last Wednesday, and brought dispatches for us as late as the first of June. The preliminary articles are ratified. But General Carleton, in violation of those articles, has sent away a great number of negroes, alledging that freedom having been promised them by a proclamation, the honor of the nation was concerned, &c. Probably another reason may be, that if they had been restored to their masters, Britain could not have hoped any thing from such another proclamation hereafter.

Mr. Hartley called yesterday to tell us, that he had received a letter from Mr. Fox, assuring him that our suspicions of affected delays or change of system on their side were ground

less; and that they were sincerely desirous to finish as soon as possible. If this be so, and your health will permit the journey, I could wish your return as soon as possible. I want you here on many accounts, and should be glad of your assistance in considering and answering our public letters. There are matters in them of which I cannot conveniently give you an account at present.

Nothing could be more seasonable than success in the project you proposed, but we have now very little expectation. Please to give my love to your valuable and amiable son and daughter, and believe me with sincere esteem, &c.

B. FRANKLIN.

FROM THE AMERICAN MINISTERS, TO D. HARTLEY,

SIR,

· Esq.

Passy, July 17, 1788. We have the honor to inform you that we have just received from Congress their ratification in due form, of the provisional articles of the 30th Nov. 1782, and we are ready to exchange ratifications with his Britannic Majesty's ministers as soon as may be.

By the same articles it is stipulated, that his Britannic Majesty shall with all convenient speed, and without causing any destruction or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons and fleets from the United States, and from every post, place and harbour within the same. But by intelligence lately received from America, and by the enclosed copies of letters and conferences between General Washington and Sir Guy Carleton, it appears that a considerable number of negroes belonging to the citizens of the United States, have been carried off from New York, contrary to the express stipulation contained in the said article. We have received from Con

gress their instructions to represent this matter to you, and to request that speedy and effectual measures be taken to render that justice to the parties interested, which the true intent and meaning of the article in question plainly dictates.

We are also instructed to represent to you, that many of the British debtors in America have in the course of the war sustained such considerable and heavy losses by the operation of the British arms in that country, that a great number of them have been rendered incapable of immediately satisfying those debts. We refer it to the justice and equity of Great Britain, so far to amend the article on that subject, as that no éxécution shall be issued on a judgment to be obtained in any such case, but after the expiration of three years from the date of the definitive treaty of peace. Congress also think it reasonable that such part of the interest which may have accrued on such debts during the war shall not be payable, be'cause all intercourse between the two countries, had, during that period, Become impracticable as well as improper; it does not appear just that individuals in America should pay for delays in payment which were occasioned by the civil and military measures of Great Britain. In our opinion the interest of the creditors as well as the debtors, requires that some tenderness be shewn to the latter, and that they should Be allowed a little time to acquire the means of discharging 'debts, which in many Instances exceed the whole amount of their property.

As it is necessary to ascertain an epocha for the restitutions and evacuations to be made, we propose that it be agreed, that his Britannic Majesty shall cause to be evacuated the posts of New York, Penobscot and their dependencies, with 'all other posts and 'places in possession of His Majesty's arms, within the United States, 'th the space of three months after the signature of the 'definitive treaty, or sooner if possible,

excepting those posts contiguous to the water line mentioned in the 4th proposition, and those shall be evacuated, when Congress shall give the notice therein mentioned.

We do ourselves the honor of making these communications to you, Sir, that you may transmit them and the papers accompanying them to your court, and inform us of their

answer.

We have the honor to be, Sir, your most obedient and most humble servants,

JOHN ADAMS.

B. FRANKLIN.

JOHN JAY.

SIR,

To R. R. LIVINGSTON, ESQ.

July, 1785.

We have had the honor of receiving by Captain Barney your two letters of the 25th of March and 21st of April, with the papers referred to in them..

We are happy to find that the provisional articles have been approved and ratified by Congress, and we regret that the manner in which that business was conducted, does not coincide with your ideas of propriety. We are persuaded however that this is principally owing to your being necessarily unacquainted with a number of circumstances, known to us who were on the spot, and which will be particularly explained to you hereafter, and we trust to your satisfaction, and that of the Congress.

Your doubts respecting the separate article we think are capable of being removed, but as a full statement of the reasons and circumstances which prompted that measure would be very prolix, we shall content ourselves with giving you the general outlines.

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