him to sign, that they might have them ready to deliver as demanded, his return thither being delayed. This loan will, therefore, probably answer the bills Mr Morris has drawn on those bankers. But the protesting any of his bills here would occasion such an alarm there, as must probably entirely stop any further progress of that loan, and thereby increase the mischief. The government of the Congress would also be enfeebled by it. We apprehend, too, that, in the present unsettled situation of our affairs with England, such a failure might have very ill effects, with respect to our negotiations. We therefore request your counsel, hoping your wisdom, which has so often befriended our nation, may point out some way, by which we may be extricated from this distress. And as the King has hitherto so generously assisted us, we hope that, if it is any way practicable, his Majesty will crown the glorious work, by affording us this help, at the different periods when it will be wanted, and which is absolutely the last that will be asked. We are, with sincere and great respect, &c. JOHN JAY. PROPOSITIONS MADE BY THE COMMISSIONERS TO DA VID HARTLEY FOR THE DEFINITIVE TREATY. ARTICLE I. To omit in the definitive treaty the provisional treaty, viz. these words, "excepting such islands as now are, or heretofore have been within the limits of the said Province of Nova Scotia." ARTICLE II. The prisoners made respectively, by the arms of his Britannic Majesty, and the United States, by sea and by land, not already set at liberty, shall be restored reciprocally and bona 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 party shall respectively reimburse the sums, which shall have been advanced, for the subsistence and maintenance of the 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. ARTICLE III. His Britannic Majesty shall employ his good offices and interposition with the King or Emperor of Morocco or Fez, the Regencies of Algiers, Tunis and Tripoli, or with any of them, and also with every other Prince, State or power of the coast of Barbary, in Africa, and the subjects of the said King, Emperor, States and powers and each of them, in order to provide as fully and efficaciously as possible for the benefit, conveniency and safety of the said United States and each of them, their subjects, people and inhabitants, and their vessels and effects, against all violence, insult, attacks or depredations on the part of the said Princes and States of Barbary, or their subjects. 1 ARTICLE IV. If war should hereafter arise between him to sign, that they might have them ready to deliver as demanded, his return thither being delayed. This loan will, therefore, probably answer the bills Mr Morris has drawn on those bankers. But the protesting any of his bills here would occasion such an alarm there, as must probably entirely stop any further progress of that loan, and thereby increase the mischief. The government of the Congress would also be enfeebled by it. We apprehend, too, that, in the present unsettled situation of our affairs with England, such a failure might have very ill effects, with respect to our negotiations. We therefore request your counsel, hoping your wisdom, which has so often befriended our nation, may point out some way, by which we may be extricated from this distress. And as the King has hitherto so generously assisted us, we hope that, if it is any way practicable, his Majesty will crown the glorious work, by affording us this help, at the different periods when it will be wanted, and which is absolutely the last that will be asked. We are, with sincere and great respect, &c. JOHN JAY. PROPOSITIONS MADE BY THE COMMISSIONERS ΤΟ DA VID HARTLEY FOR THE DEFINITIVE TREATY. ARTICLE I. To omit in the definitive treaty the provisional treaty, viz. these words, "excepting such islands as now are, or heretofore have been within the limits of the said Province of Nova Scotia." f ARTICLE II. The prisoners made respectively, by the arms of his Britannic Majesty, and the United States, by sea and by land, not already set at liberty, shall be restored reciprocally and bona 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 party shall respectively reimburse the sums, which shall have been advanced, for the subsistence and maintenance of the 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. ARTICLE III. His Britannic Majesty shall employ his good offices and interposition with the King or Emperor of Morocco or Fez, the Regencies of Algiers, Tunis and Tripoli, or with any of them, and also with every other Prince, State or power of the coast of Barbary, in Africa, and the subjects of the said King, Emperor, States and powers and each of them, in order to provide as fully and efficaciously as possible for the benefit, conveniency and safety of the said United States and each of them, their subjects, people and inhabitants, and their vessels and effects, against all violence, insult, attacks or depredations on the part of the said Princes and States of Barbary, or their subjects. 1 ARTICLE IV. If war should hereafter arise between bid, the merchants of either country then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects without molestation or hinderance. And all fishermen, all cultivators of the earth, and all artisans and manufacturers unarmed and inhabiting unfortified towns, villages or places, who labor for the common subsistence and benefit of mankind, and peaceably follow their respective employments, shall be allowed to continue the same, and shall not be molested by the armed force of the enemy in whose power, by the events of they may happen to fall; but if anything is necessary to be taken from them, for the use of such armed force, the same shall be paid for at a reasonable price. And all merchants or traders with their unarmed vessels employed in commerce, exchanging the products of different places and thereby rendering the necessaries, conveniences and comforts of human life more easy to obtain, and more general, shall be allowed to pass freely unmolested. powers, parties to this treaty, shall grant or issue any commission, to any private armed vessels, empowering them to take or destroy such trading ships, or interrupt such commerce. war, And neither of the ARTICLE V. And in case either of the contracting parties, shall happen to be engaged in war with any other nation, it is further agreed, in order to prevent all the difficulties and misunderstandings that usually arise respecting the merchandise heretofore called contraband, such as arms, ammunition, and military stores |