Life of William, Earl of Shelburne/Volume 2/Appendix 1
APPENDIX
I
A
The Proclamation of 1763 relating to Indian Policy and the Boundaries of Canada.
By the King
A PROCLAMATION
George R.
Whereas We have taken into Our Royal consideration the extensive and valuable acquisition in America, secured to Our Crown by the late definitive Treaty of Peace, concluded at Paris, the tenth day of February last; and being desirous that all our loving subjects, as well as our Kingdoms, as of our Colonies in America, may avail themselves with all convenient speed of the great benefits and advantages which must accrue therefrom to their commerce, manufactures, and navigation; We have thought fit, with the advice of our Privy Council, to issue this our Royal Proclamation, hereby to publish and declare to all our loving subjects, that We have, with the advice of our said Privy Council, granted our Letters Patent under our Great Seal of Great Britain, to erect within the Countries and Islands, ceded and confirmed to Us by the said Treaty, four distinct and separate Governments, styled and called by the names of Quebec, East Florida, West Florida, and Grenada, and limited and bounded as follows, viz.:
Firstly. The Government of Quebec, bounded on the Labrador Coast, by the River Saint John, and from thence by a line drawn from the head of that River, through the lake Saint John to the South end of lake Nipissim; from whence the said line crossing the river Saint Lawrence, and the lake Champlain in forty-five degrees of North latitude, passes along the high lands which divide the rivers that empty themselves into the said river Saint Lawrence from those which fall into the sea, and also along the North coast of the Bay des Chaleurs, and the coast of the Gulf of Saint Lawrence, to Cape Rosiers, and from thence crossing the mouth of the river Saint Lawrence, by the West end of the Island of Anticosty, terminates at the aforesaid river Saint John.
Secondly. The Government of East Florida.
| . | . | . | . | . | . | . | . | . | . | . | . |
Thirdly. The Government of West Florida.
| . | . | . | . | . | . | . | . | . | . | . | . |
Fourthly. The Government of Grenada.
| . | . | . | . | . | . | . | . | . | . | . | . |
And to the end that the open and free Fishery of our subjects may be extended to, and carried on upon the coast of Labrador, and the adjacent Islands, we have thought fit, with the advice of our said Privy Council, to put all that coast, from the River Saint John to Hudson's Streights, together with the Islands of Anticosty and Madeleine, and all smaller islands lying upon the said coast under the care and inspection of our Governor of Newfoundland.
We have also, with the advice of our Privy Council, thought fit to annex the Islands of Saint John and Cape Breton, or Isle Royale, with the lesser Islands adjacent thereto, to our Government of Nova Scotia.
| . | . | . | . | . | . | . | . | . | . | . | . |
And whereas it will greatly attribute to the speedy settling our said new Governments that our loving subjects should be informed of our Paternal care for the security of the liberty and properties of those who are, and shall become inhabitants thereof; we have thought fit to publish and declare by this our Proclamation, that we have, in the Letters Patent under our Great Seal of Great Britain, by which the said Governments are constituted, given express power and direction to our Governors of our said colonies respectively, that so soon as the state and circumstance of the said colonies will admit thereof, they shall with the advice and consent of the Members of our Council, summon and call general assemblies within the said Governments respectively in such manner and form as is used and directed in those colonies and provinces in America, which are under our immediate government: and we have also given power to the said Governors, with the consent of our said Councils and the Representatives of the people, so to be summoned as aforesaid, to make, constitute, and ordain Laws, Statutes, and Ordinances for the public peace, welfare and good government of our said colonies, and of the people and inhabitants thereof, as near as may be agreeable to the Laws of England, and under such regulations and restrictions as are used in other colonies; and in the meantime, and until such assemblies can be called as aforesaid, all persons inhabiting in or resorting to our said colonies may confide in our royal protection for the enjoyment of the benefit of the Laws of our Realm of England; for which purpose, we have given power under our Great Seal to the Governors, of our said colonies respectively, to erect and constitute, with the advice of our said Councils, respectively courts of Judicature and public justice within our said colonies, for the hearing and determining all causes, as well criminal as civil, according to Law and Equity, and as near as may be, agreeable to the Laws of England, with liberty to all persons, who may think themselves aggrieved by the sentence of such courts, in all civil cases to appeal, under the usual limitations and restrictions, to us, in our Privy Council.
We have also thought fit with the advice of our Privy Council as aforesaid, to give unto the Governors and Councils of our said three new colonies upon the continent, full power and authority to settle and agree with the inhabitants of our said new colonies, or any other person who shall resort thereto, for such lands, tenements and hereditaments, as are now or hereafter shall be, in our power to dispose of and them to grant to any such person or persons upon such terms and under such moderate quit rents, services and acknowledgments as have been appointed and settled in other colonies, and under such other conditions as shall appear to us to be necessary and expedient for the advantage of the grantees and improvement and settlement of our said colonies.
And whereas we are desirous upon all occasions to testify our Royal sense and approbation of the conduct and bravery of the officers and soldiers of our armies, and to reward the same; We do hereby commend and impower our Governors of our said three new Colonies, and other our Governors of our several provinces of the continent of North America, to grant without fee or reward, to such reduced officers and soldiers as have served in North America during the late war and are actually residing there and shall personally apply for the same, the following quantities of land, subject at the expiration of ten years to the same quit rents as other lands are subject to in the province within which they are granted, as also subject to the same conditions of cultivation and improvement, viz.:
| To every person having the rank of Field Officer | 5000 acres. |
| To every Captain | 3000 acres„ |
| To every subaltern or Staff Officer | 2000 acres„ |
| To every non commissioned Officer | 200 acres„ |
| To every private man | 50 acres„ |
We do likewise authorize and require the Governors and Commanders in chief of all our said colonies upon the continent of North America to grant the like quantities of land, and upon the same conditions, to such reduced officers of our navy of like rank, as served on board our ships of war in North America at the time of the reduction of Louisbourg and Quebec, in the late war, and who shall personally apply to our respective Governors for such grants.
And whereas it is just and reasonable and essential to our interest, and the security of our colonies, that the several nations or tribes of Indians with whom we are connected, and who live under our protection, should not be molested or disturbed in the possession of such parts of our dominions and territories as, not having been ceded to us, are reserved to them, or any of them, as their hunting grounds; we do therefore with the advice of our Privy Council declare it to be our Royal will and pleasure that no Governor or Commander in Chief, in any of our Colonies of Quebec, East Florida, or West Florida, do presume upon any pretence whatever, to grant warrants of survey, or pass any Patents for lands beyond the bounds of their respective Governments, as described in their commissions; as also that no Governor or Commander in chief of our other colonies or plantations in America, do presume for the present, and until our further pleasure be known, to grant warrants of survey, or pass any Patents for lands beyond the heads or sources of any of the rivers which fall into the Atlantic Ocean from the West or North West; or upon any lands whatever, which not having been ceded to, or purchased by us, as aforesaid are reserved to the said Indians or any of them.
And we do further declare it to be our Royal will and pleasure for the present as aforesaid to reserve under our sovereignty, protection and dominion, for the use of the said Indians, all the land and territories not included within the limits of the territory granted to the Hudson's Bay Company; as also all the land and territories lying to the Westward of the sources of the rivers which fall into the sea from the West or North West as aforesaid; and we do hereby strictly forbid on pain of our displeasure all our loving subjects from making any purchases or settlements whatsoever, or taking possession of any of the lands above reserved, without our special leave and license for that purpose first obtained.
And we do further strictly enjoin and require all persons whatsoever, who have either willfully [sic] or inadvertently seated themselves upon any lands within the countries above described or upon any other lands which not having been ceded to or purchased by us, are still reserved to the said Indians aforesaid, fortwith [sic] to remove themselves from such settlements.
And whereas great frauds and abuses have been committed in the purchasing lands of the Indians to the great prejudice of our interests, and to the great dissatisfaction of the said Indians; in order therefore to prevent such irregularities for the future, and to the end that the Indians may be convinced of our justice and determined resolution to remove all reasonable cause of discontent, We do, with the advice of our Privy Council, strictly enjoin and require that no private person do presume to make any purchase from the said Indians of any lands reserved to the said Indians within those parts of our colonies where we have thought proper to allow settlement; but if at any time any of the said Indians should be inclined to dispose of the said Lands, the same shall be purchased only for us, in our name, at some public meeting or assembly of the said Indians, to be held for that purpose by the Governor or Commander in Chief of our colony respectively, within which they shall lie, and in case they shall lie within the limits of any proprietaries, conformable to such directions and instructions as we or they shall think proper to give for that purpose; and we do, by the advice of our Privy Council, declare and enjoin that the trade with the said Indians shall be free and open to all our subjects whatever, provided that every person who may incline to trade with the said Indians, do take out a license for carrying on such trade from the Governor or Commander in chief of any of our colonies respectively, where such person shall reside, and also give security to observe such regulations as we shall at any time think fit by ourselves or commissaries to be appointed for this purpose, to direct and appoint for the benefit of the said trade; and we do hereby authorize, enjoin and require the Governors and Commanders in chief of all our colonies respectively, as well those under our immediate government, as those under the government and direction of proprietaries, to grant such licenses without fee or reward, taking especial care to insert therein a condition that such license shall be void, and the security forfeited, in case the person to whom the same is granted shall refuse or neglect to observe such regulations as we shall think proper to prescribe as aforesaid.
And we do further expressly enjoin and require all officers whatever, as well military as those employed in the management and direction of the Indian affairs within the territories reserved as aforesaid for the use of the said Indians, to seize and apprehend all persons whatever who standing charged with treason, misprision of treason, murder or other felonies, or misdemeanours, shall fly from justice and take refuge in the said territory, and to send them under a proper guard to the colony where the crime was committed of which they shall stand accused, in order to take their trial for the same.
Given at our Court at St. James's the 7th day of October, one thousand seven hundred and sixty-three in the third year of our reign.
god save the king
B
The Preliminary Articles of Peace between Great Britain and the United States of America, 1782.
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 form the Articles of the proposed Treaty on such principles of liberal equity 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 perpetual peace and harmony.
Art. 1. His Britannic Majesty acknowledges the said United States, viz. New Hampshire, Massachusets Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pensylvania, 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 claim 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 be their boundaries; viz.
Art. 2. From the north-west angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source of St. Croix river to the highlands, along the said highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the north westernmost head of Connecticut river; thence down along the middle of that river, to the 4fth degree of north latitude; from thence, by a line due west on said latitude, until it strikes the river Iroquois or Cataraquy; thence along the middle of said river, into lake Ontario, through the middle of said lake, until it strikes the communication by water between that lake and lake Erie; thence along the middle of said communication, into lake Erie, through the middle of said lake, until it arrives at the water communication between that lake and lake Huron; thence along the middle of said water communication into the lake Huron; thence through the middle of said lake, to the water communication between that lake and lake Superior; thence through lake Superior, northward of the isles Royal and Phelipeaux, to the Long lake; thence through the middle of said Long lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said lake, to the most north western point thereof, and from thence, on a due west course, to the river Mississippi; thence, by a line to be drawn along the middle of the said river Mississippi, until it shall intersect the northernmost part of the 31st degree of north latitude;—south, by a line to be drawn due east from the determination of the line last mentioned, in the latitude of 31 degrees north of the equator, to the middle of the river Apalachicola, or Catahouche; thence along the middle thereof, to its junction with the Flint river; thence straight to the head of St. Mary's river, and thence down along the middle of St. Mary's river to the Atlantic ocean;—east, by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of Fundy to its source, and from its source directly north, to the aforesaid highlands which divide the rivers that fall into the Atlantic ocean from those which fall into the river St. Lawrence, 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 aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the bay of Fundy, and the Atlantic ocean; excepting such islands as now are, or heretofore have been, within the limits of the said province of Nova Scotia.
Art. 3. It is agreed, That the people of the United States shall continue to enjoy, unmolested, the right to take fish, of every kind, on the grand bank, and on all the other banks of Newfoundland; also in the gulph of St. Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish; and also, that the inhabitants of the United States shall have liberty to take fish, of every kind, on such part of the coast of Newfoundland as British fishermen shall use (but not to dry or cure the same on that island); and also on the coasts, bays, and creeks, of all other of his Britannic Majesty's dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks, of Nova Scotia, Magdalen islands, and Labrador, so long as the same shall remain unsettled; but so soon as the same, or either of them, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, proprietors, or possessors of the ground.
Art. 4. It is agreed, That creditors on either side shall meet with no lawful impediment to the recovery of the full value, in sterling money, of all bonâ fide debts heretofore contracted.
Art. 5. It is agreed, That the Congress shall earnestly recommend it to the legislatures of the respective states, to provide for the restitution of all estates, rights, and properties, which have been confiscated, belonging to real British subjects, and also of the estates, rights, and properties, of persons resident in districts in the possession of his Majesty's arms, and who have not borne arms against the said United States; and that persons of any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months unmolested in their endeavours to obtain the restitution of such of their estates, rights, and properties, as may have been confiscated; and that Congress shall also earnestly recommend to the several states, a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation, which on the return of the blessings of peace should universally prevail; and that Congress shall also earnestly recommend to the several states, that the estates, rights, and properties of such last-mentioned persons shall be restored to them, they refunding to any persons who may be now in possession the bonâ fide price (where any has been given) which such persons may have paid on purchasing any of the said lands or properties since the confiscation. And it is agreed, that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.
Art. 6. That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present war; and that no person shall on that account suffer any future loss or damage, either in his person, liberty, or property; and that those who may be in confinement on such charges, at the time of the ratification of the Treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued.
Art. 7. There shall be a firm and perpetual peace between his Britannic Majesty and the said States, and between the subjects of the one and the citizens of the other; wherefore, all hostilities, both by sea and land, shall then immediately cease; all prisoners on both sides shall be set at liberty, and 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 said United States, and from every port, place, and harbour within the same, leaving in all fortifications the American artillery that may be therein; and shall also order and cause all archives, records, deeds, and papers, belonging to any of the said states, or their citizens, which, in the course of the war, may have fallen into the hands of his officers, to be forthwith restored and delivered to the proper states and persons to whom they belong.
Art. 8. The navigation of the Mississippi, from its source to the ocean, shall for ever remain free and open to the subjects of Great Britain, and the citizens of the United States.
Art. 9. In case it should so happen, that any place or territory belonging to Great Britain, or to the United States, should be conquered by the arms of either, from the other, before the arrival of these Articles in America, it is agreed, that the same shall be restored without difficulty, and without requiring any compensation.
Done at Paris, the 30th day of November, in the year 1782.
| Richard Oswald, | (L.S.) |
| John Adams, | (L.S.) |
| B. Franklin, | (L.S.) |
| John Jay, | (L.S.) |
| Henry Laurens, | (L.S.) |
Witness,
Caleb Whitefoord, Secretary to the British Commission.
W. T. Franklin, Secretary to the American Commission.
C
The Preliminary Articles of Peace between Great Britain and France, 1783.
In the name of the most Holy Trinity.
The King of Great Britain, and the most Christian King, equally animated with a desire of putting an end to the calamities of a destructive war, and of re-establishing union and good understanding between them, as necessary for the good of mankind in general, as for that of their respective kingdoms, states and subjects, have named for this purpose, viz. On the part of his Britannic Majesty, Mr. Alleyne Fitz-Herbert, minister plenipotentiary of his said Majesty the King of Great Britain; and on the part of his most Christian Majesty, Charles Gravier Comte de Vergennes, counsellor in all his councils, commander of his orders, counsellor of state, minister and secretary of state, and of the commands and finances of his said Majesty for the department of foreign affairs; who, after having duly communicated to each other their full powers in good form, have agreed on the following Preliminary Articles:
Art. 1. As soon as the Preliminaries shall be signed and ratified, sincere friendship shall be re-established between his Britannic Majesty and his most Christian Majesty, their kingdoms, states, and subjects, by sea and by land, in all parts of the world: orders shall be sent to the armies and squadrons, as well as to the subjects, of the two powers, to stop all hostilities, and to live in the most perfect union, forgetting what is passed, of which their sovereigns give them the order and example; and for the execution of this Article, sea passes shall be given on each side for the ships which shall be dispatched to carry the news of it to the possessions of the said powers.
Art. 2. His Majesty the King of Great Britain shall preserve in full right the island of Newfoundland, and the adjacent islands, in the same manner as the whole was ceded to him by the 13th Article of the treaty of Utrecht, save the exceptions which shall be stipulated by the 5th Article of the present Treaty.
Art. 3. His most Christian Majesty, in order to prevent quarrels which have hitherto arisen between the two nations of England and France, renounces the right of fishing, which belongs to him by virtue of the said Article of the treaty of Utrecht, from Cape Bonavista to Cape St. John, situated on the eastern coast of Newfoundland, in about 50 degrees of north latitude: whereby the French fishery shall commence at the said Cape St. John, shall go round by the North, and, going down the western coast of the island of Newfoundland, shall have for boundary the place called Cape Raye, situated in 47 degrees 50 minutes latitude.
Art. 4. The French fishermen shall enjoy the fishery assigned them by the foregoing Article, as they have a right to enjoy it by virtue of the treaty of Utrecht.
Art. 5. His Britannic Majesty will cede in full right to his most Christian Majesty the islands of St. Pierre and Miquelon.
Art. 6. With regard to the right of fishing in the Gulph of St. Laurence, the French shall continue to enjoy it conformably to the 5th Article of the treaty of Paris.
Art. 7. The King of Great Britain shall restore to France the island of St. Lucia, and shall cede and guaranty to her that of Tobago.
Art. 8. The most Christian King shall restore to Great Britain the islands of Grenada, and the Grenadines, St. Vincent's, Dominica, St. Christophers, Nevis, and Montserrat: and the fortresses of those islands conquered by the arms of Great Britain, and by those of France, shall be restored in the same condition in which they were when the conquest of them was made: provided that the term of eighteen months, to be computed from the time of the ratification of the definitive Treaty, shall be granted to the respective subjects of the crowns of Great Britain and France, who may have settled in the said islands, and in other places which shall be restored by the definitive Treaty, to sell their estates, recover their debts, and to transport their effects, and retire without being restrained on account of their religion, or any other whatever, except in cases of debt, or of criminal prosecutions.
Art. 9. The King of Great Britain shall cede and guaranty in full right to his most Christian Majesty, the river of Senegal, and its dependencies, with the forts of St. Louis, Poder, Galam, Arguin, and Portendie: his Britannic Majesty shall restore likewise the island of Gorée, which shall be given up in the condition in which it was when the British arms took possession of it.
Art. 10. The most Christian King shall, on his side, guaranty to his Majesty the King of Great Britain, the possession of Fort James, and of the river Gambia.
Art. 11. In order to prevent all discussion in that part of the world, the two courts shall agree, either by the definitive Treaty, or by a separate Act, upon the boundaries to be fixed to their respective possessions. The gum trade shall be carried on in future, as the English and French nations carried it on before the year 1755.
Art. 12. In regard to the rest of the coasts of Africa, the subjects of both powers shall continue to frequent them, according to the custom which has prevailed hitherto.
Art. 13. The King of Great Britain shall restore to his most Christian Majesty all the establishments which belonged to him at the commencement of the present war on the coast of Orixa, and in Bengal, with liberty to surround Chandernagor with a ditch for draining the waters; and his Britannic Majesty engages to take such measures as may be in his power, for securing to the subjects of France in that part of India, as also on the coasts of Orixa, Coromandel, and Malabar, a safe, free, and independent trade, such as was carried on by the late French East India Company, whether it be carried on by them as individuals, or as a company.
Art. 14. Pondicherry, as well as Karical, shall likewise be restored and guarantied to France; and his Britannic Majesty shall procure to serve as a dependency round Pondicherry, the two districts of Valanour and Bahour; and as a dependency round Karical, the four contiguous magans.
Art. 15. France shall again enter into possession of Mahé, and of the comptoir at Surat; and the French shall carry on commerce in this part of India, conformably to the principles laid down in the 13th Article of this Treaty.
Art. 16. In case France has allies in India, they shall be invited, as well as those of Great Britain, to accede to the present pacification; and for that purpose, a term of four months, to be computed from the day on which the proposal shall be made to them, shall be allowed them to make their decision; and in case of refusal on their part, their Britannic and most Christian Majesties agree not to give them any assistance, directly or indirectly, against the British or French possessions, or against the ancient possessions of their respective allies; and their said Majesties shall offer them their good offices towards a mutual accommodation.
Art. 17. The King of Great Britain, desirous of giving his most Christian Majesty a sincere proof of reconciliation and friendship, and of contributing to the solidity of the peace which is on the point of being re-established, will consent to the abrogation and suppression of all the Articles relative to Dunkirk, from the Treaty of peace concluded at Utrecht in 1713, inclusively, to this time.
Art. 18. By the definitive Treaty, all those which have existed till now between the two high contracting parties, and which shall not have been derogated from, either by the said Treaty, or by the present preliminary Treaty, shall be renewed and confirmed; and the two courts shall name commissioners to enquire into the state of commerce between the two nations, in order to agree upon new arrangements of trade, on the footing of reciprocity and mutual convenience. The said two courts shall together amicably fix a competent term for the duration of that business.
Art. 19. All the countries and territories which may have been or which may be conquered, in any part of the world whatsoever, by the arms of his Britannic Majesty, or by those of his most Christian Majesty, and which are not included in the present Articles, shall be restored without difficulty, and without requiring compensation.
Art. 20. As it is necessary to assign a fixed epoch for the restitutions and the evacuations to be made by each of the high contracting parties, it is agreed, that the King of Great Britain shall cause to be evacuated the islands of St. Pierre and Miquelon, three months after the ratification of the definitive Treaty, or sooner if it can be done; St. Lucia, in the West Indies, and Gorée in Africa, three months after the ratification of the definitive Treaty, or sooner if it can be done. The King of Great Britain shall, in like manner, at the end of three months after the ratification of the definitive Treaty, or sooner if it can be done, enter again into possession of the islands of Grenada, the Grenadines, St. Vincent, Dominica, St., Christopher's, Nevis, and Montserrat. France shall be put into possession of the towns and comptoirs which are restored to her in the East Indies, and of the territories which are procured for her, to serve as dependencies round Pondicherry, and round Karical, six months after the ratification of the definitive Treaty, or sooner if it can be done. France shall, at the end of the same term of six months, restore the towns and territories which her arms may have taken from the English, or their allies, in the East Indies. In consequence whereof, the necessary orders shall be sent by each of the high contracting parties, with reciprocal passports for the ships which shall carry them, immediately after the ratification of the definitive Treaty.
Art. 21. The prisoners made respectively by the arms of his Britannic Majesty, and his most Christian Majesty, by land and by sea, shall be restored reciprocally and bonâ fide, immediately after the ratification of the definitive Treaty, without ransom, and on paying the debts they may have contracted during their captivity; and each crown 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 the receipts and attested accounts, and other authentic titles, which shall be produced on each side.
Art. 22. In order to prevent all causes of complaint and dispute which may arise on account of prizes which may be made at sea after the signing of these preliminary Articles, it is reciprocally agreed, that the vessels and effects which may be taken in the Channel, and in the North Seas, after the space of 12 days to be computed from the ratification of the present preliminary Articles, shall be restored on each side. That the term shall be one month, from the Channel, and the North Seas, as far as the Canary Islands, inclusively, whether in the ocean or in the Mediterranean. Two months, from the said Canary Islands, as far as the equinoctial line, or equator. And lastly, five months in all other parts of the world, without any exception, or any other more particular description of time and place.
Art. 23. The ratifications of the present preliminary Articles shall be expedited in good and due form, and exchanged in the space of one month, or sooner if it can be done, to be computed from the day of the signature of the present Articles.
In witness whereof, we the under-written ministers plenipotentiary of his Britannic Majesty, and of his most Christian Majesty, by virtue of our respective full powers, have signed the present preliminary Articles, and have caused the seal of our arms to be put thereto.
Done at Versailles, the 20th of January, 1783.
| Alleyne Fitz-Herbert, | (L.S.) |
| Gravier de Vergennes, | (L.S.) |
D
The Preliminary Articles of Peace between Great Britain and Spain, 1783.
In the name of the most Holy Trinity.
The King of Great Britain and the King of Spain, equally animated with a desire of putting an end to the calamities of a destructive war, and of re-establishing union and good understanding between them, as necessary for the good of mankind in general, as for that of their respective kingdoms, states, and subjects, have named for this purpose, viz. on the part of his Majesty the King of Great Britain, Mr. Alleyne Fitz-Herbert, minister plenipotentiary of his said Majesty; and on the part of his majesty the king of Spain, Don Peter Paul Abarea de Bolea Ximines d'Urnea, &c. count of Aranda and Castel Florido, marquis of Torres, of Villanan and Rupit, viscount of Rueda and Yoch, baron of the baronies of Gavin Sietano, Clamosa, Eripol, Trazmoz, La Mata de Castil-Viego, Antillon, La Almolda, Cortés, Jorva, St. Genis, Robovillet, Oreau, and St. Colome de Farnés, lord of the tenance and honour of Alcalatén, the valley of Rodellar, the castles and towns of Maella, Mesones, Tiurana de Villaplana, Taradell and Viladran, &c. ricohombre in Aragon by birth, grandee of Spain of the first class, knight of the order of the Golden Fleece, and of that of the Holy Ghost, gentleman of the king's bed-chamber in employment, captain general of his armies, and his ambassador to his most Christian Majesty; who, after having duly communicated to each other their full powers in good form, have agreed on the following preliminary Articles:
Art. 1. As soon as the preliminaries shall be signed and ratified, sincere friendship shall be re-established between his Britannic Majesty and his Catholic Majesty, their kingdoms, states, and subjects, by sea and by land, in all parts of the world. Orders shall be sent to the armies and squadrons, as well as to the subjects of the two powers, to stop all hostilities, and to live in the most perfect union, forgetting what has passed, of which their sovereigns give them the order and example. And for the execution of this Article, sea passes shall be given on each side for the ships which shall be dispatched to carry the news of it to the possessions of the said powers.
Art. 2. His Catholic Majesty shall keep the island of Minorca.
Art. 3. His Britannic Majesty shall cede to his Catholic Majesty East Florida, and his Catholic Majesty shall keep West Florida, provided that the term of 18 months, to be computed from the time of the ratification of the definitive Treaty, shall be granted to the subjects of his Britannic Majesty, who are settled as well in the island of Minorca as in the two Floridas, to sell their estates, recover their debts, and to transport their effects, as well as their persons, without being restrained on account of their religion, or under any other pretence whatsoever, except that of debts and criminal prosecutions. And his Britannic Majesty shall have power to cause all the effects that may belong to him in East Florida, whether artillery or others, to be carried away.
Art. 4. His Catholic Majesty shall not for the future suffer the subjects of his Britannic Majesty, or their workmen, to be disturbed or molested, under any pretence whatsoever, in their occupation of cutting, loading, and carrying away log-wood, in a district of which the boundaries shall be fixed; and for this purpose they may build without hindrance, and occupy without interruption, the houses and magazines necessary for them, for their families, and for their effects, in a place to be agreed upon either in the definitive Treaty, or within six months after the exchange of the ratifications; and his said Catholic Majesty assures to them by this Article, the entire enjoyment of what is above stipulated, provided that these stipulations shall not be considered as derogatory in any respect from the rights of his sovereignty.
Art. 5. His Catholic Majesty shall restore to Great Britain the islands of Providence and the Bahamas, without exception, in the same condition in which they were when they were conquered by the arms of the king of Spain.
Art. 6. All the countries and territories which may have been or may be conquered, in any part of the world whatsoever, by the arms of his Britannic Majesty, or by those of his Catholic Majesty, and which are not included in the present Articles, shall be restored, without difficulty, and without requiring compensations.
Art. 7. By the definitive Treaty, all those which have existed till now between the two high contracting parties, and which shall not be derogated from either by the said Treaty, or by the present preliminary Treaty, shall be renewed and confirmed; and the two courts shall name commissioners to enquire into the state of commerce between the two nations, in order to agree upon new arrangements of trade on the footing of reciprocity and mutual convenience; and the two said courts shall together amicably fix a competent term for the duration of that business.
Art. 8. As it is necessary to assign a fixed epoch for the restitutions and evacuations to be made by each of the high contracting parties, it is agreed, that the King of Great Britain shall cause East Florida to be evacuated three months after the ratification of the definitive Treaty, or sooner if it can be done. The King of Great Britain shall likewise enter again into possession of the Bahama Islands without exception, in the space of three months after the ratification of the definitive Treaty. In consequence whereof, the necessary orders shall be sent by each of the high contracting parties, with reciprocal passports for the ships which shall carry them, immediately after the ratification of the definitive Treaty.
Art. 9. The prisoners made respectively by the arms of his Britannic Majesty and his Catholic Majesty, by sea and by land, shall, immediately after the ratification of the definitive Treaty, be reciprocally and bonâ fide restored without ransom, and on paying the debts they may have contracted during their captivity; and each crown 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 the receipts and attested accounts, and other authentic titles, which shall be produced on each side.
Art. 10. In order to prevent all causes of complaint and disputes which may arise on account of prizes which may be made at sea after the signing of these preliminary Articles, it is reciprocally agreed, that the ships and effects which may be taken in the channel, or in the North Seas, after the space of twelve days, to be computed from the ratification of the present preliminary Articles, shall be restored on each side. That the term shall be one month from the Channel and the North Seas, as far as the Canary Islands, inclusively, whether in the Ocean or in the Mediterranean; two months from the said Canary Islands, as far as the equinoctial line, or equator; and lastly, five months in all other parts of the world, without exception, or other more particular description of time and place.
Art. 11. The ratifications of the present preliminary Articles shall be expedited in good and due form, and exchanged in the space of one month, or sooner if it can be done, to be computed from the day of the signature of the present Articles.
In witness whereof, we the underwritten ministers plenipotentiary of his Britannic Majesty and of his Catholic Majesty, by virtue of our respective powers, have agreed upon and signed these preliminary Articles, and have caused the seal of arms to be put thereto.
Done at Versailles, the 20th day of January 1783.
Alleyne Fitz-Herbert.
Le Comte D'Aranda.