142 APPENDIX TO BRITISH COUNTER CASE. 



by Acts, judgments, or prosecutions actually passed or commenced 

 a month previous to such evacuation. 



That the subjects of His Britannic Majesty and the people of the 

 said United States shall continue to enjoy unmolested the right to 

 take fish of every kind, on all the banks of Newfoundland ; also in 

 the Gulf of St. Lawrence, and all other places where the inhabitants 

 of both countries used at any time heretofore to fish ; and also to dry 

 and cure their fish on the shores of the Isle of Sables, Cape Sables, 

 and the shores of any of the unsettled bays, harbours, or creeks of 

 Nova Scotia and of the Magdalene Islands. And His Brittanic 

 Majesty and the said United States will extend equal privileges and 

 hospitality to each other's fishermen, as to their own. 



Whereas certain of the United States, excited thereto by the un- 

 necessary destruction of private property, have confiscated all debts 

 due from their citizens to British subjects, and also in certain in- 

 stances lands belonging to the latter; And whereas it is just that 

 private contracts made between individuals of the two countries 

 before the war, should be faithfully executed ; and as the confiscation 

 of the said lands may have a latitude not justifiable by the law of 

 nations: It is agreed that British creditors shall, notwithstanding, 

 meet with no lawful impediment to recovering the full value or 

 sterling amount of such bond -fide debts as were contracted before the 

 year 1775. And also that Congress will recommend to the said States 

 so to correct (if necessary) their said Acts respecting the confisca- 

 tion of lands in America, belonging to real British subjects as to 

 render the said Acts consistent with perfect justice and equity. 



As to the cession made of certain lands in Georgia by a number of 

 Indians there on the 1st June, 1773, for the purpose of paying the 

 debts due from them to a number of traders, the American Commis- 

 sioners say that the State of Georgia is alone competent to consider 

 and decide on the same ; for that, it being a matter of internal policy, 

 with which neither Congress nor their Commissioners are authorised 

 to interfere, it must of necessity be referred to the discretion and 

 justice of that State, who without doubt will be disposed to do, what 

 may be just and reasonable on the subject. 



Similar reasons and considerations constrain the Commissioners to 

 give the like answer to the case of Mr. Penn's family. 



From and immediately after the conclusion of the proposed Treaty 

 there shall be a firm and perpetual peace between His Britannic Maj- 

 esty 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 immediatelv cease: all prisoners on both sides shall be set 

 at liberty, and His Britannic Majesty shall forthwith and without 

 causing any destruction 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. 



That the navigation of the River Mississippi from its source to the 

 ocean shall for ever remain free and open. 



