The Diplomatic Correspondence of the American Revolution, Vol. 08
History
The Diplomatic Correspondence of the American Revolution, Vol. 08
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
"Thus becoming of right, and being in fact free, sovereign and
independent States, their representatives in Congress did on the 15th
day of June, 1781, grant a commission to certain gentlemen (of whom we
are two) _in their name_ to confer, treat, and conclude, with the
Ambassadors, Commissioners, &c. _vested with equal powers_ relating to
the re-establishment of peace, &c.
"On the 25th of July 1782, his Britannic Majesty issued a commission
under the great seal of his kingdom to Richard Oswald, reciting in the
words following, 'that whereas by an act passed in the last session of
Parliament, entitled, "An Act to enable his Majesty to conclude a
peace or truce with certain Colonies in North America," therein
mentioned, it recited, that it is essential to the _interest, welfare,
and prosperity_ of Great Britain, and the _Colonies or Plantations_ of
New Hampshire, Massachusetts Bay, &c. (naming the thirteen) that
peace, intercourse, trade, and commerce, should be restored between
them, therefore, and for a full manifestation of our earnest wish and
desire; and of that of _our Parliament_, to put an end to the
calamities of war, it is enacted, that it should and might be lawful
for us to treat, consult of, agree and conclude with any Commissioner
or Commissioners, named or to be named, _by the said Colonies or
Plantations_, or with any body or bodies, corporate or politic, or any
assembly or assemblies, _or description of men or any person
whatsoever_, a peace or truce with the said Colonies or Plantations,
_or any of them_, or any _part or parts thereof_, any law, act or
acts of Parliament, matter or thing to the contrary in anywise
notwithstanding.' The commission then proceeds to appoint and
authorise Mr Oswald to treat &c. in _the very words of the act_.
"We do not find ourselves described in this commission as the persons
with whom Mr Oswald is authorised to treat.
"Nations, particularly corporations, mercantile companies, and indeed
every private citizen, in every country, have their titles, their
styles, their firms, and their additions, which are necessary to their
being known in the law; that is to say, the law of nations requires,
that national acts shall give to every sovereign and nation its proper
political name or style, in the same manner as the municipal law of
the land will only take notice of corporations, companies, and even
private citizens by their proper names and legal descriptions.
"When the United States became one of the nations of the earth, they
published the style or name, by which they were to be known and
called, and as on the one hand they became subject to the law of
nations, so on the other they have a right to claim and enjoy its
protection, and all the privileges it affords.
Public-domain text, read in full here on John Shaqi.
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