Charles William Eliot.

American historical documents 1000-1904, with introductions, notes and illustrations online

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— to borrow money, or emit bills on the credit of the
United States, transmitting every half year to the respec-
tive States an account of the sums of money so borrowed or
emitted,— to build and equip a navy— to agree upon the
number of land forces, and to make requisitions from each
State for its quota, in proportion to the number of white
inhabitants in such State; which requisition shall be bind-
ing, and thereupon the Legislature of each State shall ap-
point the regimental officers, raise the men and cloath, arm
and equip them in a soldier like manner, at the expense
of the United States; and the officers and men so cloathed,
armed and equipped shall march to the place appointed, and
within the time agreed on by the United States in Congress
assembled: but if the United States in Congress assembled
shall, on consideration of circumstances judge proper that
any State shotdd not raise men, or should raise a smaller
number than its quota, and that any other State should raise
a greater number of men than the quota thereof, such extra
number shall be raised, officered, cloathed, armed and
equipped in the same as the quota of such State, unless the
legislature of such State shall judge that such extra number
cannot be safely spared outside of the same, in which case
they shall raise, officer, cloath, arm and equip as many of
such extra number as they judge can be safely spared
And the officers and men so cloathed, armed and equipped,
shall march to the place appointed, and within the time
agreed on by the United States in Congress assembled

The United States in Congress assembled shall never
engage in a war, nor grant letters of marque and reprisal in
time of peace, nor enter into any treaties or alliances, nor
coin money, nor regulate the value thereof, nor ascertain
the sums and expenses necessary for the defence and wel-
fare of the United States, or any of them, nor emit bills,
nor borrow money on the credit of the United States, nor
appropriate money, nor agree upon the number of vessels
of war, to be built or purchased, or the number of land or
sea forces to be raised, nor appoint a commander in chief of



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178 AMERICAN HISTORICAL DOCUMENTS

the army or navy, unless nine States assent to the same: nor
shall a question on any other point, except for adjourning
from day to day be determined, unless by the votes of a
majority of the United States in Congress assembled.

The Congress of the United States shall have power to
adjotun to any time within the year, and to any place within
the United States, so that no period of adjournment be for
a longer duration than the space of six months, and shall
publish the journal of their proceedings monthly, except
such parts thereof relating to treaties, alliances or military
operations, as in their judgment require secresy; and the
yeas and nays of the ddegates of each State on any ques-
tion shall be entered on the journal, when it is desired by
any delegate; and the delegates of a State, or any of them,
at his or their request shall be furnished with a transcript
of the said journal, except such parts as are above excepted,
to lay before the Legislatures of the several States.

Article X. The committee of the States, or any nine of
them, shall be authorized to execute, in the recess of Con-
gress, such of the powers of Congress as the United States
in Congress assembled, by the consent of nine States, shall
from time to time think expedient to vest them with; pro-
vided that no power be delegated to the said committee,
for the exercise of which, by the articles of confederation,
the voice of nine States in the Congress of the United States
assembled is requisite.

Article XI. Canada acceding to this confederation, and
joining in the measures of the United States, shall be
admitted into, and entitled to all the advantages of this
Union : but no other colony shall be admitted into the same,
unless such admission be agreed to by nine States.

Article XII. All bills of credit emitted, monies bor-
rowed and debts contracted by, or under the authority of
Congress, before the assembling of the United States, in
pursuance of the present confederation, shall be deemed
and considered as a charge against the United States, for
payment and satisfaction whereof the said United States,
and the public faith are hereby solemnly pledged.

Article XIIL Every State shall abide by the deter-
minations of the United States in Congress assembled, oa



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AMERICAN HISTORICAL DOCUMENTS 177

all questions which by this confederation are submitted to
them. And the articles of this confederation shall be invio-
lably observed by every State, and the Union shall be per-
petual ; nor shall any alteration at any time hereafter be made
in any of them; imless such alteration be agreed to in a
Congress of the United States, and be afterwards confirmed
by the Legislatures of every State.

And whereas it hath pleased the Great Governor of the
World to incline the hearts of the Legislatures we respec-
tively represent in Congress, to approve of, and to authorize
us to ratify the said articles of confederation and perpetual
union. Know ye that we the undersigned delegates, by
virtue of the power and authority to us given for that pur-
pose, do by these presents, in the name and in behalf of our
respective constituents, fully and entirely ratify and confirm
each and every of the said articles of confederation and
perpetual union, and all and singular the matters and things
therein contained: and we do further solemnly plight and
engage the faith of our respective constituents, that they
shall abide by the determinations of the United States in
Congress assembled, on all questions, which by the said con-
federation are submitted to them. And that the articles
thereof shall be inviolably observed by the States we re-
spectively represent, and that the Union shall be perpetual.

In witness whereof we have hereunto set our hands in
Congress. Done at Philadelphia in the State of Pennsyl-
vania the ninth day of July in the year of our Lord one
thousand seven hundred and seventy-eight, and in the third
year of the independence of America.

On the part & behalf of the State of New Hampshire

JosiAH Bartlett John Wentworth, Junr

August 8th, 1778

On the part and behalf of the State of Massachusetts Bay

John Hancock Francis Dana

Samuel Adams James Lovell

Elbridge Gerry Samuel Holten



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178 AMERICAN HISTORICAL DOCUMENTS

On the part and behalf of the State of Rhode Island and
Providence Plantations

William Ellery John Colliiis

Henry Marchant



On the part and behalf of the State of Connecticut

Roger Sherman Titus Hosmer

Samuel Huntington Andrew Adams

Oliver Wolcott



On the part and behalf of the State of New York

Jas. Duane Gouv. Morris

Fra. Lewis Wm. Duer



On the part and in behalf of the State of New Jersey
Novr. 26, 1778

Jno. Witherspoon Nathl. Scudder



On the part and behalf of the State of Pennsylvania

RoBT. Morris William Clingan

Daniel Roberdeau Joseph Reed, 22d July,

Jno. Bayard Smith 1778

On the part & behalf of the State of Delaware

Thos. M*Kean, Feby. 12, John Dickinson, May 5th,

1779 1779

Nicholas Van Dyke



On the part and behalf of the State of Maryland

John Hanson, March i, Daniel Carroll, Mar. i,
1781 1781



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AMERICAN HISTORICAL DOCUMENTS 179

On the part and behalf of the State of Virginia

Richard Henry Lee Jno. Harvie

John Banister Francis Lightfoot Lee

Thomas Adams

On the part and behalf of the State of No. Carolina

John Penn, July 21, 1778 Jno. Williams
Corns. Harnett

On the part & behalf of the State of South Carolina

Henry Laurens Rxchd. Hutson

Wiluam Henry Drayton Thos. Heyward, Junr
Jno. Matthews

On the part & behalf of the State of Georgia

Edwd. Telfair Edwd. Langworthy

Jno. Waltok, 24th July,



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ARTICLES OF CAPITULATION
YORKTOWN

0781)

[The surrender of Comwallis, arranged in these articles, virtually
brought to a close the hostilities in the war between Great Britain
and her American colonies, and assured the independence of the
United States.]

Settled between his Excellency General Washington, Com-
mander-in-chief of the combined Forces of America and
France; his Excellency the Count de Rochambeau,
Lieutenant-General of the Armies of the King of France,
Great Cross of the royal and military Order of St.
Louis, commanding the auxiliary Troops of his Most
Christian Majesty in America; and his Excellency the
Count de Grasse, Lieutenant-General of the Naval
Armies of his Most Christian Majesty, Commander of
the Order of St. Louis, Commander-in-Chief of the
Naval Army of France in the Chesapeake, on the one
Part; and the Right Honorable Earl Cornwallis, Lieu-
tenant-General of his Britannic Majesty's Forces, com-
manding the Garrisons of York and Gloucester; and
Thomas Symonds, Esquire, commanding his Britannic
Majesty's Naval Forces in York River in Virginia, on
the other Part.

A RTICLE I. The garrisons of York and Gloucester, in-
I\ eluding the officers and seamen of his Britannic Maj-
■^ ^ esty's ships, as well as other mariners, to surrender
themselves prisoners of war to the combined forces of
America and France. The land troops to remain prisoners
to the United States, the navy to the naval arnyr of his Most
Christian Majesty.
Granted.

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AMERICAN HISTORICAL DOCUMENTS 181

Article IL The artilleiy, anns, accoutrements, military
chest, and public stores of every denomination, shall be
delivered unimpaired to the heads of departments appointed
to receive them.

Granted.

Article III. At twelve o'clock this day the two redoubts
on the left flank of York to be delivered, the one to a de-
tachment of American infantry, the other to a detachment
of French grenadiers.

Granted.

The garrison of York will march out to a place to be ap-
pointed in front of the posts, at two o'clock precisely, with
shouldered arms, colors cased, and drums beating a British
or German march. They are then to ground their arms, and
return to their encampments, where they will remain until
they are despatched to the places of their destination. Two
works on the Gloucester side will be delivered at one o'clock
to a detachment of French and American troops appointed to
possess them. The garrison will march out at three o'clock
in the afternoon; the cavalry with their swords drawn,
trumpets sounding, and thfs infantry in the manner pre-
scribed for the garrison of York. They are likewise to re-
turn to their encampments until they can be finally marched
off.

Article IV. Officers are to retain their side-arms. Both
officers and soldiers to keep their private property of every
kind; and no part of their baggage or papers to be at any
time subject to search or inspection. The baggage and
papers of officers and soldiers taken during the siege to be
likewise preserved for them*

Granted

It is understood that any property obviously belonging to
the inhabitants of these States, in the possession of the gar-
rison, shall be subject to be reclaimed.

Article V. The soldiers to be kept in Virginia, Mary-
land, or Pennsylvania, and as much by regiments as possible,
and supplied with the same rations of provisions as are



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182 AMERICAN HISTORICAL DOCUMENTS

allowed to soldiers in the service of America. A field-officer
from each nation, to wit, British, Anspach, and Hessian, and
other officers on parole, in the proportion of one to fifty men
to be allowed to reside near their respective regiments, to
visit them frequently, and be witnesses of their treatment;
and that their officers may receive and deliver clothing and
other necessaries for them, for which passports are to be
granted when applied for.
Granted.

Article VI. The general, staff, and other officers not
employed as mentioned in the above articles, and who choose
it, to be permitted to go on parole to Europe, to New York,
or to any other American maritime posts at present in the
possession of the British forces, at their own option; and
proper vessels to be granted by the Count de Grasse to carry
them under flags of truce to New York within ten days from
this date, if possible, and they to reside in a district to be
agreed upon hereafter, until they embark. The officers of
the civil department of the army and navy to be included in
this article. Passports to go by land to be granted to those
to whom vessels cannot be furnished.

Granted.

Article VII. Officers to be allowed to keep soldiers as
servants, according to the common practice of the service.
Servants not soldiers are not to be considered as prisoners,
and are to be allowed to attend their masters.

Granted.

Article VIII. The Bonetta sloop-of-war to be equipped,
and navigated by its present captain and crew, and left en-
tirely at the disposal of Lord Comwallis from the hour that
the capitulation is signed, to receive an aid-de-camp to carry^
despatches to Sir Henry Clinton ; and such soldiers as he may
think proper to send to New York, to be permitted to sail
without examination. When his despatches are ready, his
Lordship engages on his part, that the ship shall be delivered
to the order of the Count de Grasse, if she escapes the
dangers of the sea. That she shall not carry off any public



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AMERICAN HISTORICAL DOCUMENTS 183

stores. Any part of the crew that may be deficient on her
return, and the soldiers passengers, to be accounted for on
her delivery.

Article IX. The traders are to preserve their property,
and to be allowed three months to dispose of or remove them;
and those traders are not to be considered as prisoners of
war.

The traders will be allowed to dispose of their effects, the
allied army having the right of preemption. The traders to
be considered as prisoners of war upon parole.

Article X. Natives or inhabitants of different parts of
this country, at present in York or Gloucester, are not to be
punished on account of having joined the British army.

This article cannot be assented to, being altogether of
civil resort.

Article XI. Proper hospitals to be furnished for the sick
and wounded. They are to be attended by their own surgeons
on parole ; and they are to be furnished widi medicines and
stores from the American hospitals.

The hospital stores now at York and Gloucester shall
be delivered for the use of the British sick and wounded.
Passports will be granted for procuring them further supplies
from New York, as occasion may require; and proper hospi-
tals will be furnished for the reception of the sick and
wounded of the two garrisons.

Article XII. Wagons to be furnished to carry the bag*
gage of the officers attending the soldiers, and to surgeons
when travelling on account of the sick, attending the hospi-
tals at public expense.

They are to be furnished if possible.

Article XIII. The shipping and boats in the two har-
bours, with all their stores, guns, tackling, and apparel, shall
be delivered up in their present state to an officer of the navy
appointed to take possession of them, previously unloading
the private property, part of which had been on board for
security during the siege.

Granted.



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184 AMERICAN HISTORICAL DCKJUMENTS

Articxe XIV. No article of capitulation to be infringed
on pretence of reprisals; and if there be any doubtful ex-
pressions in it, they are to be interpreted according to the
common meaning and acceptation of the words.

Granted.

Done at Yorktown, in Virginia, October 19th, 1781.

cornwallis,
Thomas Symonds,

Done in the Trenches before Yorktown, in Virginia, Octo-
ber 19th, 1781.

George Washington,
Le Comte de Rochambeau,
Le Comte de Barras,
En mon nom & ceiui du

G>MTE DE GrASSEt



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TREATY WITH GREAT BRITAIN

(1783)

[Less than five months after the surrender of Comwallis, the
British Parliament passed an act to enable the king to make peace
till July 1783. In the end of November, 1782, a provisional treaty
was signed, the negotiations on behalf of Congress having been
conducted by Benjamin Franklin, John Adams, John Jay, and Henry
Laurens. On September 3, 1783, this treaty was made definitive in
the form here printed, and the complete independence of the
American States acknowledged by Great Britain.]

Definitive Treaty of Peace between the United States
OF America and His Britannic Majesty, Concluded
at Paris September 3, 1783; Ratified by Congress
January 14, 1784; Proclaimed January 14, 1784

IN the name of the Most Holy and Undivided Trinity.
It having pleased the Divine Providence to dispose
the hearts of the most serene and most 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 Luneburg, Arch-Treasurer and Prince
Elector of the Holy Roman Empire, &c., and of the United
States of America, to forget all past misunderstandings and
differences that have unhappily interrupted the good corre-
spondence and friendship which they mutually wish to
restore; and to establish such a beneficial and satisfactory
intercourse between the two countries, upon the ground of
reciprocal advantages and mutual convenience, as may pro-
mote and secure to both perpetual peace and harmony : And
having for this desirable end already laid the foundation of
peace and reconciliation, by the provisional articles, signed
at Paris, on the 30th of Nov., 1782, by the commis-
sioners empowered on each part, which articles were agreed
to be inserted in and to constitute the treaty of peace pro-
posed to be concluded between the Crown of Great Britain

185



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186 AMERICAN HISTORICAL DOCUMENTS

and the said United States, but which treaty was not to be
concluded until terms of peace should be agreed upon be-
tween Great Britain and France, and His Britannic Majesty
should be ready to conclude such treaty accordingly; and the
treaty between Great Britain and France having since been
concluded. His Britannic Majesty and the United States of
America, in order to carry into full effect the provisional
articles above mentioned, according to the tenor thereof,
have constituted and appointed, that is to say. His Britan-
nic Majesty on his part, David Hartley, esqr., member of
the Parliament of Great Britain; and the said United States
on their part, John Adams, esqr., late a commissioner of
the United States of America at the Qmrt of Versailles,
late Delegate in Congress from the State of Massachusetts,
and chief justice of the said State, and Minister Plenipo-
tentiary of the said United States to their High Mighti-
nesses the States General of the United Netherlands;
Benjamin Franklin, esq're, late Delegate in Congress from
the State of Pennsylvania, president of the convention of
the said State, and Minister Plenipotentiary from the
United States of America at the Court of Versailles; John
Jay, esq're, late president of Congress, and chief justice of
the State of New York, and Minister Plenipotentiary from
the said United States at the Court of Madrid, to be the
Plenipotentiaries for the concluding and signing the present
definitive treaty; who, after having reciprocally communi-
cated their respective full powers, have agreed upon and
confirmed the following articles:

Articlb I

His Britannic Majesty acknowledges the said United
States, viz. New Hampshire, Massachusetts Bay, Rhode
Island, and Providence Plantations, Connecticut, New York,
New Jersey, Pennsylvania, 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, relin-
quishes all claims to the Government, proprietory and terri-
torial rights of the same, and every pa^ thereof.



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AMERICAN HISTORICAL DOCUMENTS 187

Article II

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 follow-
ing are, and shall 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 source of Saint 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 northwestemmost head of Connecticut River; thence
down along the middle of that river, to the forth-fifth 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 communi-
cation 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
commimication between that Lake and Lake Superior;
thence through Lake Superior northward of the Isles Royal
and Phelipeaitx, to the Long Lake; thence through the
middle of said Long Lake, and the water commimication
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 inter-
sect the northernmost part of the thirty-first 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
thirty-one 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.



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188 AMERICAN HISTORICAL DOCUMENTS

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 High-
lands, 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 afore-
said 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.

Articls in

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 New-
foundland; also in the Gulph of Saint Lawrence, and at all
other places in the sea where the inhabitants of both coun-
tries 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 Newfound-
land 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.

Article IV

It is agreed that creditors on either side shall meet with
no lawful impediment to the recovery of the full value



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AMERICAN HISTORICAL DOCUMENTS 189

in sterling money, of all bona fide debts heretofore con-
tracted.

Article V

It is agreed that the Congress shall earnestly recommend
it to the legislatures of the respective States, to provide



Online LibraryCharles William EliotAmerican historical documents 1000-1904, with introductions, notes and illustrations → online text (page 16 of 48)