Thomas Mifflin 5th President of the United
States
in Congress Assembled
November 3, 1783 to June 3, 1784
By: Stanley
L. Klos
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Thomas Mifflin was
born in
Philadelphia, Pennsylvania on January 10, 1744
into a fourth generation of his family and grew-up in the city of "Brotherly
Love". His father was a Quaker, served as a Philadelphia
alderman and was also a trustee of the College of Philadelphia which is today
the University of Pennsylvania. Mifflin attended Philadelphia's grammar schools
and graduated in 1760 from the College. Upon graduation, he apprenticed at an
important counting house in Philadelphia.
In the course of this business Mifflin traveled throughout Europe
in 1764 and 1765. In 1766 he returned to the colonies early and opened an import
and export business with a younger brother. In 1767 he joined the American
Philosophical Society, served as it Secretary for two years and remained
a distinguished member until 1799.
Mifflin's entrepreneurial pursuits were responsible for the formulation of his
initial objections and protests of Parliament's taxation policy. In his
first year as a Philadelphia Importer he found it necessary to publicly speak
and campaign against Great Britain's initial attempts to levy taxes on the
colonies. In 1771 Mifflin ran and won election as a Philadelphia's warden. The
following year he began the first of
four uninterrupted terms in the Colonial State Legislature of Pennsylvania.
In 1773 Merchant Mifflin met Merchant John
Hancock and political activist Samuel Adams to
learn about the British injustices levied against the people of Boston.
Adams and Hancock convinced him to join their cause of open resistance to
Parliament as it was a businessman's only judicious option to resist taxes
“imposed upon the people against their will.” In that same year Mifflin
began to organized several Pennsylvania town meetings to support Boston's
resistance to the Coercive Acts. In these meetings Mifflin cautioned that
although the acts only applied to Boston in reprisal to the "Tea Party";
successful implementation would embolden Parliament to punish other cities that
objected to seemingly perpetual wave of superfluous British taxation.
His no taxation without
representation stance and efforts in state government were rewarded in 1774 by
being elected as a Pennsylvania Delegate to the 1st Continental Congress. His
business and patriotic fervor was embraced by his fellow Delegates as the
leadership appointed him to serve on important committees. One Mifflin committee
founded a Continental Association to enforce the resolution passed by Congress
which, created an embargo against English goods. His diligence as a delegate
insured his re-election to the 2nd Continental Congress. When the news came of
the fight at Lexington Mifflin eloquently advocated resolute action in the
Continental Congress and then attended many Pennsylvania town-meetings
supporting colonial armed resistance. His direct involvement in recruiting armed
patriots was most potent as Mifflin and John Dickinson were instrumental in
reviving the volunteer colonial defense force that resisted the French in the
1750's and 60's known as the Associators. Once these troops were
enlisted, Mifflin was elected a Major becoming active in organizing and drilling
the 3rd Philadelphia Battalion. He service forced him to severe his religious
ties with Quaker Society as he prepared for war. This was an action that spoke
volumes to his commitment to Colonial self-government and defense as he was one
of the few legislators ready to substitute Continental Congress ballots with
bullets.
When the 2nd Continental Congress created the Colonial Army as a national armed
force on June14th, 1775, Mifflin held to his convictions resigning as delegate
and enlisting as a Pennsylvania Militia Major to serve with the new
Commander-in-Chief, George Washington.
General Washington, who knew Mifflin as a fellow delegate, promoted him as his
first aide-de-camp after the establishment of the command headquarters at
Cambridge. While there, Colonel Mifflin successfully led a force against a
British detachment placing the heavy artillery stripped from Fort Ticonderoga on
Dorchester Heights. This was a strategic move that ended Britain's occupation in
Boston. Mifflin also managed the complex logistics of moving troops to meet a
British thrust at New York City. In July 1775, he was promoted to
quartermaster-general of the army; after the evacuation of Boston by the enemy.
Mifflin was commissioned as brigadier-general on May 19th, 1776 and assigned to
the command of a Pennsylvania troops when the army lay encamped before New York.
General Mifflin's Pennsylvania brigade was described as the best disciplined of
any in the Continental Army. His Regiment covered the retreat of the American
army from Brooklyn after General William Howe, in
the dead of night outmaneuvered Washington. At dawn the continental troops were
forced to fight British regulars in a superior position and fell back to the
East River. Washington's only hope was to assemble enough boats to quietly cross
the river into Manhattan and as luck would have it the night brought a thick fog
over the entire area. Through a military order gaffe General Mifflin received
the word to retreat before all of the troops had embarked to Manhattan Island.
At the ferry, upon learning of the error, Mifflin managed to regain the lines
before the enemy discovered that the post was deserted and uncovered the daring
water retreat across the East River. Mifflin's troops remained at their posts
and were the last to leave Brooklyn in the hasty nighttime evacuation.
Washington's rapid retreat across the East River meant that wagons containing
most of the Continental Army's powder, baggage and critical supplies fell into
to the hands of the British. In the aftermath soldier moral was low and the
Continental Congress held a committee hearing. After a three-day investigation
the committee recommended that quartermaster Moylan, who was given the
impossible task to protect the British controlled waterways resign. In an effort
to restore the morale of the soldiers, against his wishes, Mifflin was appointed
this position by a special resolve of Congress. This new assignment as
Quarter-Master-General bitterly disappointed Mifflin who was also unhappy
with General Nathanael Greene emerging as
Washington's principal military adviser, a role which Mifflin coveted. George
Washington did not object to Mifflin's re-assignment and the disgruntled
quarter-master assumed the mundane duties of protecting and delivering the
supply necessary for the Continental Army.
The Journal of Congress reported:
“Resolved, That Brigadier
General Mifflin be authorized and requested to resume the said office, and that his rank and
pay, as brigadier, be still continued to him:1[Note 1: 1 "We have obtained
Colonel Moylan's resignation, and General Mifflin comes again into the office
of Quartermaster General." Elbridge Gerry to Horatio Gates, 27 September
1776.]
That a committee of three four be appointed to confer with Brigadier General
Mifflin: The members chosen, Mr. Richard Henry Lee, Mr. Roger Sherman, Mr.
John Adams, and Mr. Elbridge Gerry.”
In November 1776, General Mifflin was
sent to Philadelphia to report to the Continental Congress the critical
condition of the army. Washington was unable to hold onto Manhattan Island and
witnessed the loss of Fort Washington, that was garrisoned with a large
contingent of soldiers, ammunition, weapons and supplies, helplessly from the
New Jersey Palisades. The Continental Army was outgunned and manned and unable
to make a stand in New Jersey to stop the advancing British march towards
Philadelphia. Additionally, Washington was out of supplies and money to pay the
troops whose tours of duty were set to expire in 60 days in the early winter of
1776. It was a wise move by the Commander-in-Chief to send General Mifflin to
rally Philadelphia, as Congress in fear of losing the Capital, was preparing to
take flight to Baltimore. Washington's Continental Army was forced to cross the
Delaware into Pennsylvania and it was then that the citizens of Philadelphia
began to panic. Business was suspended, schools were closed and agitated
Patriots and Tories gathered in the streets. As news of the Continental Army's
plight filtered in, roads leading from the city were crowded with refugees all
fleeing the city.
In the Pennsylvania Statehouse Yard a
town meeting was called and newly arrived General Thomas Mifflin addressed the
crowd and much of Continental Congress. After listening to his appeals for unity
and support, Congress formally appealed to the militia of Philadelphia and those
in nearest counties to join Washington's beleaguered Army. Congress also sent
word to all parts of the country for reinforcements and supplies, and then
ordered Mifflin to remain in Philadelphia for consultation and advice. Mifflin
organized and trained three regiments of militia of the city and adjoining
neighborhoods, sending a body of 1,500 men to Washington. The General also
orchestrated the complex re-supply of the Washington's
ragged American forces once they reached safety on the Pennsylvania
side of the Delaware River. These Mifflin measures were critical components
needed by Washington
to cross the Delaware into New Jersey and counterattack the "fatheaded"
British Army on Christmas Day in Trenton. After the successful win at Trenton,
General Mifflin, accompanied by a Committee of the legislature, made the tour of
the principal towns of Pennsylvania. Through his stirring oratory Mifflin
recruited many men into the ranks of the Continental Army. Washington's army
reassembled once again in Pennsylvania and crossed the Delaware taking the brunt
of the British regular forces head-on just outside of Trenton. That evening
Mifflin came up with more desperately needed reinforcements adding to
Washington's troops nighttime advance that outmaneuvered the British attacking a
weak flank in the college town of Princeton. This battle was won and the troops
moved safely north into the hills of Northern New Jersey.
In recognition of his services, Congress commissioned Mifflin as a major-general
on February 19th, 1777 and made him a member of the Board of War.
On the Board of War, General Mifflin
joined a growing number of delegates and generals who shared the dissatisfaction
at the "Fabian policy" of General Washington. The war was going poorly
by the summer of 1777 with Major General Arthur St.
Clair's loss of Fort Ticonderoga. Clearly, at the very least, Thomas Mifflin
sympathized with the views of General Horatio Gates and General Thomas Conway
who blamed Washington for the losses of the Continental Army. In the late fall
of 1777 Horatio Gates, with the help and field leadership of Benedict Arnold,
defeated General Burgoyne's forces at Saratoga. Almost immediately Washington's
enemies embolden with the victory and sought his replacement with the "Hero
of Saratoga," General Gates. Thomas Conway, with Mifflin doing nothing to
stop the political intrigue, organized an effort in the Board of War to
establish Gates as the new Commander-in-Chief. Mifflin vehemently declared,
after Washington overcame the now notorious Conway Cabal that he had not
participated in their efforts to remove General Washington as
Commander-in-Chief. The Conway Cabal and responsibilities of his various
offices so impaired General Mifflin's health that he offered his resignation.
Congress refused to accept it. However, General Mifflin was replaced by General
Nathanael Greene in the quartermaster's department in March, 1778, and in
October of 1778 he and General Gates were discharged from their places on the
Board of War.
More
trouble followed from Mifflin's "loosing side" affiliation after his
replacement on the Board of War. An investigation of his conduct was
ordered by Congress resulting from charges that the distresses of the army at
Valley Forge were due to the mismanagement of the Quartermaster-General. When
the decree was revoked, after he had himself demanded an examination, he
resigned his commission. Congress refused to accept it, and placed in his hands
$1,000,000 to settle outstanding claims.
In
January1780, Mifflin was appointed on a board to devise means for retrenching
expenses. In this capacity he once again became a stalwart and strong advocate
of General Washington during the darkest days of the revolution. After the
achievement of the Treaty of Paris Mifflin was elected as a delegate to
new United States in Congress Assembled that was formed after the
ratification of the Articles of Confederation on March 1, 1781. Thomas Mifflin
served tirelessly as a Delegate and was so respected by his fellow delegates for
his good work and conduct during the 1780-81 campaigns that he was elected
President of the United States in Congress Assembled, on November 3, 1783.
His
presidency lasted only six months, as Congress adjourned on June 3, 1784 until
it reconvened with a new President in November 1784. On his presidential
election the Journals of the United States in Congress Assembled report:
Pursuant to the Articles of
Confederation, the following delegates attended:
FROM THE STATE OF NEW HAMPSHIRE, Mr. A[biel] Foster, MASSACHUSETTS,Mr. E[lbridge]
Gerry, who produced a certificate under the seal of the State, signed
John Avery, Mr. S[amuel] Osgood, RHODE ISLAND AND PROVIDENCE
PLANTATIONS, Mr. W[illiam] Ellery and Mr. D[avid] Howell, CONNECTICUT, Mr.
S[amuel]
Huntington and Mr. B[enjamin] Huntington, NEW YORK, Mr. James Duane, NEW JERSEY,
Mr. E[lias] Boudinot, MARYLAND, Mr. D[aniel] Carroll,Mr. J[ames] McHenry,
VIRGINIA.Mr. J[ohn] F[rancis], Mr. A[rthur] Lee, NORTH CAROLINA, Mr. [Benjamin]Hawkins,
and Mr. [Hugh] Williamson, SOUTH CAROLINA, Mr. J[acob] Read, Mr. R[ichard]
Beresford, Seven states being represented, they proceeded to the choice of a
President; and, the ballots being taken, the honorable Thomas Mifflin was
elected.
Mifflin's first mission, as the new
President, was to insure that the Treaty of Paris was ratified under the six
month time constraint set forth in the agreement. President Mifflin scheduled a
ratifying convention at the Maryland State House in Annapolis in November 1783,
but many of the delegates failed to arrive. By mid-December Mifflin's attempt to
assemble a ratifying quorum became desperate. On December 15th Congress even
failed to achieve even the simple seven state quorum to read foreign dispatches.
Once again, on December 17th Congress failed to convene the mandatory nine state
quorum to conduct ratification despite the news of George Washington's impending
audience to resign as Commander-in-Chief. According to Ramsay:
In every town and village, through
which the General passed, he was met by public and private demonstrations of
gratitude and joy. When he arrived at Annapolis, he informed Congress of his
intention to ask leave to resign the commission he had the honor to hold in
their service, and desired to know their pleasure in what manner it would be
most proper to be done. They resolved that it should be in a public audience.
George Washington's
attendance in Congress set the stage for one of the most remarkable events of
United States history under Thomas Mifflin's Presidency. In November of 1783 the
British finally evacuated New York and Congress made the momentous decision to
place the Continental Army on "Peace Footing". It was in Annapolis, where
the US Government convened, that the last great act of the Revolutionary War
occurred. George Washington was formally received by President Thomas Mifflin
and Congress. Instead of declaring himself King or dictator as many men feared
while others hoped, Washington resigned his commission as Commander-in-Chief to
the President of the United States. What made this action especially remarkable
was that George Washington, at his pinnacle of his power and popularity,
surrendered the commission to President Thomas Mifflin, who by all accounts,
conspired to replace Washington as Commander-in-Chief with Horatio Gates (see
the chapter on Henry Laurens for a full account) in 1777. The United
States in Congress Assembled Journal account of George Washington's December 23,
1783 resignation is as follows:
According to order, his Excellency
the Commander in Chief was admitted to a public audience, and being seated, and
silence ordered, the President, after a pause, informed him, that the United
States in Congress assembled, were prepared to receive his communications;
Whereupon, he arose and addressed Congress as follows:
'Mr. President:
The great events on which my
resignation depended, having at length taken place, I have now the honor of
offering my sincere congratulations to Congress, and of presenting myself before
them, to surrender into their hands the trust committed to me, and to claim the
indulgence of retiring from the service of my country.
Happy in the confirmation of our
independence and sovereignty, and pleased with the opportunity afforded the
United States, of becoming a respectable nation, I resign with satisfaction the
appointment I accepted with diffidence; a diffidence in my abilities to
accomplish so arduous a task; which however was superseded by a confidence in
the rectitude of our cause, the support of the supreme power of the Union, and
the patronage of Heaven.
The successful termination of the
war has verified the most sanguine expectations; and my gratitude for the
interposition of Providence, and the assistance I have received from my
countrymen, increases with every review of the momentous contest.
While I repeat my obligations to
the army in general, I should do injustice to my own feelings not to
acknowledge, in this place, the peculiar services and distinguished merits of
the gentlemen who have been attached to my person during the war. It was
impossible the choice of confidential officers to compose my family should have
been more fortunate. Permit me, sir, to recommend in particular, those who have
continued in the service to the present moment, as worthy of the favorable
notice and patronage of Congress.
I consider it an indispensable
duty to close this last act of my official life by commending the interests of
our dearest country to the protection of Almighty God, and those who have the
superintendence of them to his holy keeping. Having now finished the work
assigned me, I retire from the great theatre of action, and bidding an
affectionate farewell to this august body, under whose orders I have so long
acted, I here offer my commission, and take my leave of all the employments of
public life'”
George Washington then advanced and
delivered to President of the United States his commission, with a copy of his
address, and resumed his place. President Thomas Mifflin returned him the
following answer:
Sir,
The United States in Congress assembled receive with emotions, too affecting for
utterance, the solemn deposit resignation of the authorities under which you
have led their troops with safety and triumph success through a long a perilous
and a doubtful war. When called upon by your country to defend its invaded
rights, you accepted the sacred charge, before they it had formed alliances, and
whilst they were it was without funds or a government to support you. You have
conducted the great military contest with wisdom and fortitude, through
invariably regarding the fights of the civil government power through all
disasters and changes. You have, by the love and confidence of your
fellow-citizens, enabled them to display their martial genius, and transmit
their fame to posterity. You have persevered, till these United States, aided by
a magnanimous king and nation, have been enabled, under a just Providence, to
close the war in freedom, safety and independence; on which happy event we
sincerely join you in congratulations.
Having planted defended the standard of liberty in this new world: having taught
an useful lesson a lesson useful to those who inflict and to those who feel
oppression, you
retire from the great theatre of action, loaded with the blessings of your
fellow-citizens, but your fame the glory of your virtues will not terminate with
your official life the glory of your many virtues will military command, it will
continue to animate remotest posterity ages and this last act will not be
among the least conspicuous .
We feel with you our obligations
to the army in general; and will particularly charge ourselves with the
interests of those confidential officers, who have attended your person to this
interesting affecting moment.
We join you in commending the
interests of our dearest country to the protection of Almighty God, beseeching
him to dispose the hearts and minds of its citizens, to improve the opportunity
afforded them, of becoming a happy and respectable nation. And for you we
address to him our earnest prayers, that a life so beloved may be fostered with
all his care; that your days may be happy, as they have been illustrious; and
that he will finally give you that reward which this world cannot give.
On the following day, December the
24th, President Mifflin once again appealed to States to send their required
representatives. Not even the resignation of George Washington was enough
incentive to attract a quorum of delegates for the ratification of the
Definitive Treaty of Peace between the United States and Great Britain. In this
Christmas Eve letter Mifflin makes a passionate plea to New Jersey and
Connecticut::
I had the honor to write to your
Excellency on the 23rd November, informing you that the definitive Treaty was
arrived, and that the last article of it declares that it should be ratified &
exchanged within six months from its Signature.
Yesterday I again writ to your
Excellency by order of Congress informing you that only Seven States were
represented in Congress viz. Massachusetts, Rhode Island, Pennsylvania,
Delaware, Maryland, Virginia & North Carolina, and that the ratification of the
definitive Treaty & several other matters of the greatest consequence were
delayed by want of a representation of Nine States.
My Letter of yesterday was
forwarded by the post, but as Congress are strongly impressed with an
apprehension that the time mentioned in the definitive Treaty will elapse,
before a representation of nine States can be obtained, and as such a
representation cannot take place unless New Jersey and Connecticut send on their
delegates, they have instructed me to write to you by Express, and to urge in
the strongest terms the importance of an immediate representation in Congress
from the State of New-Jersey. Let me therefore entreat your Excellency to use
your influence on this important point,
that the consequences to be expected from the Want of an immediate
representation of nine States may not be imputable to your State, which on every
former Occasion has exerted itself with so much honor and reputation.
New Hampshire has but one Member
attending, and there is no probability of a representation of that State in less
than Six Weeks. New York has no delegates in Congress, nor can it be represented
in many Weeks. South Carolina has one member attending; one of the delegates
from that State is in ill health at Philadelphia; his attendance uncertain.
By letters from Georgia we find there is no probability of a representation from
thence this Winter; from this view of our situation your Excellency will observe
that the Ratification of the definitive Treaty in proper time, depends upon the
immediate exertions of New Jersey & Connecticut.
I should be glad to know from your
Excellency by the return of this Express, at what time we may expect a
representation from your State.
Later that day the President wrote
Governor Livingston a personal letter:
I have already addressed three
several dispatches to your Excellency of the 23d of November & of the 23d & 24th
of December stating to you the arrival of the Definitive Treaty and the
necessity, by an Article thereof, of its ratification and Exchange at Paris by
the 3d of March next: I have also stated in those dispatches the particular
situation of Congress. Nine States being necessary to a Ratification & Seven
only being present. Apprehending that these Letters may have miscarried & having
Reason to believe that the Representation from South Carolina will be compleat
in a day or two, I have dispatched Col. Harmar my private Secretary with this
Letter to your Excellency, informing you that if the Delegation of New Jersey
attends in Congress without further delay we may yet ratify the Treaty in time.
A Representation of Nine States to ratify the Definitive Treaty before the Time
limited for its Exchange expires must appear to your Excellency too important to
be longer delayed.
In early January, despite these two
letters, nine states had still not formed the necessary ratification quorum in
Annapolis to ratify the Treaty. President Mifflin, unable to act, turned to
other matters requiring only a seven State quorum such as rejecting the proposal
to nominate knights to the Polish Order of Divine Providence on January 5th and
3 days later resuming the debate on the Quaker petition for suppression of the
slave trade. On January 10th the President once again failed to even convene a
Seven State Quorum to conduct even the nation's "minor" business.
On that day the Mifflin focused on voluminous correspondence writing William
Livingston about the latest problems with mail theft in New Jersey:
I have the Honor to transmit to
you an Act of Congress of the 6th Inst relative to the Robbery of the Mail at
Princeton on the 30th October last; together with a Copy of a Letter from the
Post Master General, a Copy of a Letter from Mr. Harrison Post Master at
Princeton & a Copy of an Affidavit of
Joseph Parker on that Subject.
The enclosed resolve requested
Governor Livingston "to order a strict enquiry" into this mail theft, and
Congress' original November 1 order to postmaster general Ebenezer Hazard to
undertake such an investigation. Congress, to aid these NJ officials in the mail
theft investigation, would later offer a reward of $300 for the arrest and
conviction of "the perpetrator or perpetrators of the aforesaid robbery."
By January 12th, only seven of the 13
states had sent their representatives. Time was running short operating under
the weak Articles of Confederation; the Continental Congress lacked the
power to enforce attendance at Annapolis, a glaring weakness in the
1st U.S. Constitution. On January 13, the convention needed one more delegate.
Finally, South Carolina Representative Richard Beresford, who was ill, traveled
to Maryland to insure a
quorum. As soon as he arrived, the vote was taken, and on January 14, 1784, the
Definitive Treaty of Peace was ratified by Congress "Given
under the seal of the United States. Witness his Excellency THOMAS MIFFLIN,
our President."
King
George III did not ratify the treaty for Britain until April 9, 1784 which
officially ended the War. At the writing of this book the author is please to
report the Treaty is currently displayed prominently in the National Archives
Exhibit in Washington DC. Mifflin's signature, as President, is boldly
delivered on a printed document that is overall in fine condition just under the
Great Seal of the United States. It reads:
BY THE UNITED STATES IN CONGRESS ASSEMBLED
A PROCLAMATION
To all persons to whom these presents shall
come greeting:
Whereas definitive articles of peace and
friendship between the United States of America and his Britannic majesty,
were concluded and signed at Paris on the 3d day of September, 1783, by the
plenipotentiaries of the said United States, and of his said Britannic
Majesty, duly and respectively authorized for that purpose; which definitive
articles are in the words following:
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 Lunenburg, 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
unhappliy interrupted the good correspondence 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 promote 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 November, 1782, by the commissioners empowered on each
part, which articles were agreed to be inserted in and to constitute the
treaty of peace proposed to be concluded between the crown of Great Britain
and the said United States, but which treaty was not to be concluded until
terms of peace should be agreed upon between 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 Britannic majesty
on his part, David Hartley, Esquire, member of the parliament of Great
Britain; and the said United States on their part, John Adams, Esquire, late a
commissioner of the United States of America, at the court of Versailles, late
delegate in Congress from the state of Massachusetts, and chief justice of the
said state, and minister plenipotentiary of the said United States to their
high mightinesses the states general of the United Netherlands; Benjamin
Franklin, Esquire, 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,
Esquire, 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 communicated their
respective full powers, have agreed upon and confirmed the following articles:
Article 1st. 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, relinquishes
all claims to the government, propriety and territorial fights of the same,
and every part thereof.
Article 2d. 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. 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
Saint 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 forty 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 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 Philipeaux, 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 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 Saint Mary's river, and thence down along the middle of Saint
Mary's river to the Atlantic ocean. East by a line to be drawn along the
middle of the river Saint 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 Saint 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.
Article 3d. 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 Saint 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 Labradore,
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 4th. 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 bona fide debts heretofore contracted.
Article 5th. 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 of the bona fide price (where any has been
given) which such persons may have paid on purchasing any of the said lands,
rights 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.
Article 6th. 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.
Article 7th. 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 from henceforth 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 post, 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.
Article 8th. The navigation of the river
Mississippi, from its source to the ocean, shall forever remain free and
open to the subjects of Great Britain, and the citizens of the United
States.
Article 9th. In case it should so
happen, that any place or territory belonging to Great Britain or to the
United States, should have been conquered by the arms of either from the
other, before the arrival of the said provisional articles in America, it is
agreed, that the same shall be restored without difficulty, and without
requiring any compensation.
Article 10th. The solemn ratification of
the present treaty, expedited in good and due form, shall be exchanged
between the contracting parties in the space of six months, or sooner if
possible, to be computed from the day of the signature of the present
treaty. In witness whereof, we, the undersigned their ministers
plenipotentiary, have in their name, and in virtue of full powers, signed
with our hands the present definitive treaty, and caused the seals of our
arms to be affixed thereto.
Done at Paris, this third day of September,
in the year of our Lord, one thousand seven hundred and eighty-three.
"(L. S.) D. Hartley,
(L. S.) John Adams,
(L. S.) B. Franklin,
(L. S.) John Jay."
Now know ye that we the United States in
Congress assembled having seen and considered the definitive articles
aforesaid have approved, ratified and confirmed and by these presents do
approve, ratify and confirm the said articles and every part and clause
thereof, engaging and promising, that we will sincerely and faithfully perform
and observe the same, and never suffer them to be violated by any one or
transgressed in any manner as far as lies in our power.
In testimony whereof, we have caused the
seal of the United States to be hereunto affixed. Given under the seal of the United
States. Witness his Excellency THOMAS MIFFLIN, our President, at
Annapolis, this 14th day of January 1784, and of the sovereignty and
independence of the United States of America, the eighth.
Depicted above is the
actual Definitive Articles of peace and friendship, between the United
States of America and his Britannic Majesty, Given under the seal of the
United States. Witness his Excellency THOMAS MIFFLIN, our President, at
Annapolis, this 14th day of January 1784, and of the sovereignty and
independence of the United States of America, the eighth. -- Image Courtesy
of the United States National Archives and enhanced by the Author.
Thomas Mifflin, to insure a timely
delivery of the ratified treaty to Great Britain, immediately dispatched this
letter to Josiah Harmar on the 14th:
“Congress having this day appointed
you to carry the Ratification of the Definitive Treaty to our Ministers at Paris
it is necessary that I should give you private Instructions how to proceed in
the Business allotted to you.
You will with all possible
Expedition go to Philadelphia. Upon your arrival there wait upon the Honble. Mr.
Robert Morris & produce to him the Act of Congress of this date, herewith
delivered to you, directing him to supply you with money to defray the
necessary expences of your appointment.(2) Mr. Morris will inform you at what
time the French Packet will sail from New-York and will give you, at your
request, every assistance in his Power to facilitate your Journey.
By a Letter I have just received
from the Minister of France it is probable you will meet him on your Road to
Philadelphia. Enquire for His Excellency at every Stage, and be particularly
careful that you do not suffer him to pass you before you have delivered my
Letter to him and have requested his Commands to Europe, intreat him to give you
a Letter of Recommendation to the Captain of the Pacquet Boat at New York, on
which Subject I have written to him; If he should desire you to wait three or
four Hours for his dispatches, you are to comply with his Excellency's request.
The moment you are on shore in
France endeavor to procure Horses or a Carriage for your Journey to Paris
and be as expeditious as possible in that Journey. At Paris enquire for Mr.
LeGrand, banker there and inform him that you have public dispatches for our
Ministers & request him to inform you where you may find Mr. Adams, Mr.
Franklin, Mr. Jay or Mr. Lawrens, follow his directions in this point and
deliver your dispatches to the first of those Gentlemen you may meet. Take a
Receipt for the dispatches when delivered specifying the several Papers delivered
by you and the time of delivery.
This Service being performed you
are at Liberty to return to America recollecting that the Act of Congress of
this date provides only for your necessary Expences on the particular Business
assigned by them to you.
You will deliver my Letter to the
Marquis de la Fayette with my warmest Wishes for his Welfare. Should you go to
London,
deliver my Letter to Mr. Robert Barcley,3 who will be your friend in all things.
God bless you my dear Harmar,
I am Your Friend,
Thomas Mifflin
President Mifflin also wrote the
Superintendent of Finance, Robert Morris, a brief letter this day notifying him
of Harmar's mission and enclosing the congressional directive concerning his
expenses. This being done, Congress, by a unanimous vote, resolved that a
Proclamation be issued. The Proclamation ordered the strict and faithful
observance of the treaty and issued an earnest recommendation to the several
States in the very words of the 5th Article. Secretary Charles Thomson forward
authenticated Copies of those Acts to the Executives of the several States. On
January 14th the following proclamation issued and signed by Thomas
Mifflin -- Given under
the seal of the United States. Witness his Excellency THOMAS MIFFLIN, our President,
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