Volume 4 — Introductory material (continued 3)

ARTICLE XVI.

In case the vessels of the subjects and inhabitants of one of the two contracting parties should approach the coasts of the other, without however designing to enter into the port, or to discharge the cargo, or to break bulk after having entered, they shall be at liberty to depart, or to pursue their voyage without molestation, in the same manner as is practiced by the vessels belonging to the most favored nations.

ARTICLE XVII.

The liberty of navigation and commerce, mentioned in the 7th article of this treaty, shall extend to all kinds of merchandises, excepting those which are designated by the name of contraband. Under this name of contraband, or prohibited merchandise, are only to be comprehended, arms, cannon, powder, matches, pikes, swords, lances, spears, halberts, mortars, petards, grenades, saltpetre, fusils, balls, bucklers, helmets, drums, coats of mail, and other arms of that kind fit to arm soldiers, swivels, shoulder belts, horses with their equipages, and all other instruments of war whatever, excepting always the quantity that may be necessary for the defence of the vessel and such as compose the crew. All other effects and merchandise not expressly designated above, of whatever kind or denomination they may be, and however fit they may be, even for the building, the repairing, and equipment of vessels, or for the making of any machine or warlike instrument by land or by sea, shall not be considered as contraband, and they may consequently be transported and conducted in the freest manner by the subjects of the two contracting parties to places belonging to the enemy, excepting, nevertheless, such as shall be actually besieged, blocked up or invested, and such shall only be considered so, where the vessels of the power that attacks shall be so near, and posted in such a manner, as that there shall be evident danger to enter.

ARTICLE XVIII.

The passports or sea letters, which shall prove the property of the neutral vessels, according to the tenor of the 8th Article of the present treaty, shall be prepared and distributed according to the model which shall be agreed on. Every time that the vessel shall have returned to its own country, it shall be furnished with new passports of the like kind; at least, these passports must not be of an older date than two years after the time the vessel has returned last to its own country. Moreover, the vessels being loaded, must be provided with such certificates, or manifests, or other public documents, as are commonly given to vessels which depart from the ports from whence they have last sailed, containing a specification of the cargo, of the place from whence the vessel has departed, and that of her destination, in order that it may be known whether there are any contraband effects on board of the vessels, and whether they are destined to carry them to an enemy's country, or not. If the names of the persons to whom the effects on board belong, are not expressed in the said documents, this omission shall not, however, give cause for confiscation, as the freedom of the vessel secures the freedom of the effects.

ARTICLE XIX.

Should it happen that the ships or vessels of one of the two contracting parties, or of their subjects, should strike against the rocks, or strand, or be shipwrecked on the coast of the other, the respective subjects shall enjoy both for their persons and their ships and vessels, effects and merchandise, all the aid and assistance possible, as the inhabitants of the country, and shall only pay the same expenses and duties, which the proper subjects of the State on whose coasts they shall have stranded or have been shipwrecked, are subject to in similar cases.

ARTICLE XX.

If the subjects or inhabitants of one of the two parties, compelled by storm, or by the pursuit of pirates, or of the enemy, or by any other accident, find themselves constrained to take refuge with their ships in the rivers, bays, ports, and roads belonging to the other, they shall be received and treated with every humanity and kindness, and they shall be permitted likewise to refresh and to furnish themselves at a just price with every kind of provisions, and everything necessary for the maintenance and support of their persons, and for the reparation of their ships, provided they carry on no commerce contrary to the laws and ordinances of the place or port into which they have entered.

ARTICLE XXI.

It is agreed, that the subjects of each of the contracting parties, and their ships, vessels, merchandise, and effects, shall not be subject to an embargo or detention in any of the countries, islands, towns, places, ports, or domains whatever of the other party, for any military expedition, public or private use, in any manner whatever, and in cases of seizure, detentions, or arrests for debts contracted, or faults committed by any subject of one of the parties in the States of the other, the said seizures, detentions, or arrests shall be made only by order and authority of the justice, and according to the ordinary means; and with regard to debts and faults, process ought to be made by way of equity, and agreeably to the forms of the justice of the place.

ARTICLE XXII.

The two contracting parties have mutually granted permission to have in their respective ports, consuls, vice consuls, agents, and commissaries, which they shall appoint themselves, and whose functions shall be regulated by a particular convention whenever either of the parties wish to establish it.

ARTICLE XXIII.

The subjects of his Majesty, the King of Denmark and Norway, may in the country of the United States of America dispose of their effects by testament, donation, or otherwise; and their heirs, subjects of his said Majesty, shall succeed them, without any impediment in all their effects, moveable and immoveable, either by testament or ab intestat; so that they may take possession of the inheritance, either by themselves, or by attorney, and dispose of it as they please, after having discharged the different duties established by the laws of the State where the said succession shall have been left; and in case that the heirs of the said dead subjects should be absent or minors, and that the deceased shall not have appointed guardians or executors, the property left shall then be inventoried by the Notary Public, or by the magistrate of the place, and disposed of in such manner that they may be kept and preserved for the legal proprietors; and, supposing that there should arise a dispute about such inheritance among several pretenders, then the Judges of the places where the effects of the deceased shall be found, shall decide the process by a definitive sentence agreeably to the laws of the country. The contents of the present article shall be reciprocally observed, with respect to the subjects of the United States of America, in the States of his Danish Majesty.

ARTICLE XXIV.

A perfect liberty of conscience shall be granted to the subjects and inhabitants of each party within the respective States, and they may, consequently, freely attend the worship of their religion without being disturbed or molested, provided that they submit, as to the public demonstration, to the ordinances and laws of the country.

ARTICLE XXV.

His Majesty, the King of Denmark and Norway, and the United States of North America, have agreed, that the present treaty shall be in full effect during the space of fifteen successive years, reckoning from the day of its ratification; and the two contracting parties reserve to themselves the power of renewing it at the expiration of that time.

ARTICLE XXVI.

The present treaty shall be ratified on both sides, and the ratifications shall be exchanged within the space of eight months from the date of the signature.

EXPLANATION OF THE COUNTER PROJECT

Of a Treaty of Amity and Commerce received from Denmark.

Translation.

Although the simple comparison of the enclosed Counter Project, with the Project proposed by Mr Franklin, evidently proves the attention that has been shown on our part here to the negotiation set on foot, and which, in the main, has been agreed upon as to the principles, which have been adopted for the basis of a treaty, as well as the most essential stipulations, we could not avoid, however, explaining more distinctly certain points of the Counter Project; and the eclaircissements that will be given of them will at the same time prove the amicable intentions, with which it has been endeavored to facilitate the consequences of an affair too important to the welfare of the two nations, not to merit the attention and cares of the powers which govern them.

The second and third articles will regulate the conduct of the reciprocal subjects in the respective States. Taking things as they now are, it is easily perceived that the stipulations of the said articles, although apparently reciprocal, give however superior advantages to the United States. For, according to the system of commerce, which subsists in Denmark and Norway, the most favored nations pay there no greater imposts or other duties than the proper subjects of the State, and the proper subjects of the State enjoy considerable diminutions with respect to unprivileged nations, as well for their vessels as their merchandise. It is evident, therefore, that the subjects of the United States of America being received among the most favored nations in Denmark and Norway, would not only gain by that means a competition with the said most favored, but also a preference over several other nations, even in the neighborhood of Denmark, with whom no treaties of commerce have been concluded, and who, therefore, are still in the number of unprivileged, as to navigation and commerce, in the States of his Danish Majesty.

On the other hand, if the advantages, which would result from these articles, as to the commerce of the subjects of Denmark in the territories of the United States, are considered, the said advantages would be confined to the simple competition with every other foreign nation; but, as there is no nation that we know of, which actually pays in the territories of the United States other or greater duties, than what the privileged or most favored nations are bound to pay, the Danish subjects would not find in the territories of the United States the same preference, which the subjects of the United States would obtain in Denmark and Norway. The preceding considerations are not advanced for the purpose of taking any advantage, but they are pointed out only to show the impartiality and good will, with which we desire to contribute to the mutual connexions of amity and commerce between the two nations, who will, it is to be hoped, more and more unite. As to the periods inserted in these articles, they do not essentially change the stipulations projected by the Minister of the United States; they only add therein some proper determination to prevent every misunderstanding on the subject of the reciprocal liberties and privileges, and to guaranty some rights, which the subjects of his Danish Majesty enjoy with respect to certain countries and colonies, as Iceland, Greenland, Finmarson, Faro, the establishment of Tranquibar, and, in certain respects, the Islands of St Croix, St Thomas, and St John; and if, at any time, it should please the United States to reserve for its own subjects similar rights, with respect to certain places, or certain kinds of merchandise, and to exclude therefrom every foreign nation, the same stipulations shall then suit their intentions. In like manner the same mark of reciprocity has been given to every change, excepting only the last clause of the third article, which has not been susceptible of the same turn, considering the local position of the United States, and which, undoubtedly for the same reason, has been inserted in the treaty of the United States with Holland, in the same manner as it is here in the Counter Project.

After having pointed out the privileges, which the subjects of his Danish Majesty enjoy in the islands of St Croix, St Thomas, and St John, it will not be useless to observe, that it is only the commerce and navigation between the said islands and Europe, which Denmark has appropriated to itself in any manner; but the commerce, which is conducted between those islands and North America, although always subject to the same interior regulations on both sides, has been for a long while authorised by his Danish Majesty's commercial laws, and his said Majesty has, moreover, granted to the islands of St Thomas and St John privileges, which will give the commerce of these islands, with America in particular, a freer course, and very different from that of the commerce of the colony. The advantages, which the United States may derive from a more close commercial connexion with the said privileged islands, and whose ports, distinguished by the security they insure to vessels, appear to invite the commercial subjects of America, are too evident to need any circumstantial detail. There shall only be added, therefore, to what has been said, this single observation, that his Danish Majesty, having it very much at heart to open every possible road to industry and commerce, finds himself much disposed to favor the connexion in question, and that, if for this purpose the United States, after the conclusion of the present treaty, which shall fix the general commercial points between the contracting parties, should desire a particular convention to agree upon the reciprocal and local advantages proper to accomplish this object, his said Majesty would willingly come into it, provided that the United States were equally disposed on their part to facilitate the affair.

The fourth and fifth articles have only been modified in order to remove the doubts, which might arise with respect to the defence and protection due to the vessels belonging to the respective subjects. It is only in cases of attack from the common enemy, against whom it was conceived possible to confine each other by these articles; for in case that one of the parties was at war and the other at peace, the vessels belonging to the neutral party could not protect the vessels belonging to the belligerent party, without taking a part and quitting its neutrality.

The privileges of the most favored nations undoubtedly guaranty to the respective subjects the favors mentioned in the sixth, eleventh, fourteenth, and seventeenth articles of the Project. For this reason it has appeared, that it would be better to reduce the points detailed in these articles to the number of general liberties of the most favored nations, and this is what has been done in the sixth, thirteenth, sixteenth, and twentyfirst articles of the Counter Project, contenting ourselves here with the assurance, that the subjects of his Danish Majesty in the cases mentioned here, as well as in any other, shall be regarded and treated in the territories within the dominions of the United States as the most favored nations, and in expectation that the United States will not demand anything more in these respects.

The seventh, eighth, and ninth articles of the Counter Project only contain the spirit and ideas of the fifteenth, seventh, and eighth articles of the Project, to which has been added some further stipulations, conformable to the principles, which have been established and acknowledged with respect to the commerce of neutral nations in time of war.

The term of two months, which has been proposed in the ninth article, and that of six months named in the twelfth article of the Project, did not appear to correspond with the extent of commerce, which is carried on, particularly with the East Indies, nor with difficulties, which the merchants or inhabitants sometimes find in arranging their affairs to change their abode. It is for this reason, that instead of two and six months, the terms six and nine months have been substituted, it being nevertheless well understood, that from the friendship and good understanding, which is about being strengthened between the two nations, the subjects of neither party will ever have cause to take refuge on account of a rupture.

Although no fault has been found as to the merchandise, which the Project has called contraband, or not contraband in time of war, there is however reason to think, that it would still be better for the conveniency of the contracting parties, only to name in express terms the contraband, without detailing the free merchandise, with respect to which no better explanation could be given, as it appears, than by agreeing that everything that is not called contraband shall be comprehended in the number of free merchandise; consequently, on this principle, the seventeenth article of the Counter Project has been arranged, and at the end of the article has been added the definition of a port that is blocked up.

The new articles that have been proposed on this side principally turn on reciprocal points and favors, which justice and equity demand, and which humanity and the rights of nations ordinarily grant, even without stipulation by express conventions; but it is usage that has introduced them into treaties, and it is conceived that it is no less necessary to conform thereto.

As to the passports mentioned in the eighteenth article of the Counter Project, there is nothing easier than to agree about them after the conclusion of the treaty, or at the time when it is concluded, and the models that shall be agreed on can then be officially exchanged and published in case of necessity.

GIACOMO F. CROCCO TO B. FRANKLIN.

Cadiz, July 15th, 1783.

Sir,

His Imperial Majesty, the Emperor of Morocco, did me the honor to appoint me to be the bearer of his answer to the United Provinces of North America, with which he is willing to sign a treaty of peace and commerce, and in consequence has already given orders to his Captains of men of war not to molest on the open seas the American vessels, which agreeable news I have already given to Mr Richard Harrison. According to my instructions, I am to accompany to the Court of Morocco the Ambassador, that will be appointed to conclude the treaty of peace. I presume, that your Excellency is already acquainted, that the travelling expenses and other charges of ambassadors, or envoys, sent to Europe by the Emperor of Morocco, are to be paid by the Court, or Republic, that demands his friendship. In a few days I intend to set out for Madrid, where I will remain till I receive your Excellency's answer to this letter, directed to William Carmichael, the United States Chargé d'Affaires at the Court of Spain, who, I make no doubt, will receive orders to supply me with the money I may want on the occasion.

As soon as I arrive at Paris I shall have the satisfaction to entertain at large your Excellency on the present negotiation, not doubting it will soon be concluded to the advantage of both Courts.

In the meantime I remain, most truly, Sir, &c.

GIACOMO FRANCISCO CROCCO.

P. S. I was obliged to call on a friend to write you this letter in English, otherwise I could only do it in the Italian language.

G. F. C.

TO ROBERT R. LIVINGSTON.

Passy, July 22d, 1783.

Sir,

You have complained, sometimes with reason, of not hearing from your Foreign Ministers; we have had cause to make the same complaint, six full months having intervened between the latest date of your preceding letters and the receipt of those by Captain Barney. During all this time we were ignorant of the reception of the Provisional Treaty, and the sentiments of Congress upon it, which, if we had received sooner, might have forwarded the proceedings on the Definitive Treaty, and, perhaps, brought them to a conclusion, at a time more favorable than the present. But these occasional interruptions of correspondence are the inevitable consequences of a state of war, and of such remote situations. Barney had a short passage, and arrived some days before Colonel Ogden, who also brought despatches from you, all of which are come safe to hand. We, the Commissioners, have in our joint capacity written a letter to you, which you will receive with this.

I shall now answer yours of March the 26th, May the 9th, and May the 31st.

It gave me great pleasure to learn by the first, that the news of peace diffused general satisfaction. I will not now take it upon me to justify the apparent reserve, respecting this Court, at the signature, which you disapprove. We have touched upon it in our general letter. I do not see, however, that they have much reason to complain of that transaction. Nothing was stipulated to their prejudice, and none of the stipulations were to have force, but by a subsequent act of their own. I suppose, indeed, that they have not complained of it, or you would have sent us a copy of the complaint, that we might have answered it. I long since satisfied Count de Vergennes about it here. We did what appeared to all of us best at the time, and if we have done wrong, the Congress will do right, after hearing us, to censure us. Their nomination of five persons to the service seems to mark, that they had some dependence on our joint judgment, since one alone could have made a treaty by direction of the French Ministry as well as twenty.

I will only add, that with respect to myself, neither the letter from M. Marbois, handed us through the British negotiators, (a suspicious channel) nor the conversations respecting the fishery, the boundaries, the royalists, &c. recommending moderation in our demands, are of weight sufficient in my mind to fix an opinion, that this Court wished to restrain us, in obtaining any degree of advantage we could prevail on our enemies to accord, since those discourses are fairly resolvable, by supposing a very natural apprehension, that we, relying too much on the ability of France to continue the war in our favor, and supply us constantly with money, might insist on more advantages than the English would be willing to grant, and thereby lose the opportunity of making peace, so necessary to all our friends.

I ought not, however, to conceal from you, that one of my colleagues is of a very different opinion from me in these matters. He thinks the French Minister one of the greatest enemies of our country, that he would have straitened our boundaries, to prevent the growth of our people; contracted our fishery, to obstruct the increase of our seamen; and retained the royalists among us, to keep us divided; that he privately opposes all our negotiations with foreign Courts, and afforded us, during the war, the assistance we received only to keep it alive, that we might be so much the more weakened by it; that to think of gratitude to France is the greatest of follies, and that to be influenced by it would ruin us. He makes no secret of his having these opinions, expresses them publicly, sometimes in presence of the English Ministers, and speaks of hundreds of instances which he could produce in proof of them. None, however, have yet appeared to me, unless the conversations and letter abovementioned are reckoned such.

If I were not convinced of the real inability of this Court to furnish the further supplies we asked, I should suspect these discourses of a person in his station might have influenced the refusal, but I think they have gone no further than to occasion a suspicion, that we have a considerable party of antigallicans in America, who are not tories, and consequently, to produce some doubts of the continuance of our friendship. As such doubts may hereafter have a bad effect, I think we cannot take too much care to remove them; and it is, therefore, I write this to put you on your guard, (believing it my duty, though I know that I hazard by it a mortal enmity) and to caution you respecting the insinuations of this gentleman against this Court, and the instances he supposes of their ill will to us, which I take to be as imaginary as I know his fancies to be, that Count de Vergennes and myself are continually plotting against him, and employing the newswriters of Europe to depreciate his character, &c. But as Shakspeare says, "Trifles light as air," &c. I am persuaded, however, that he means well for his country, is always an honest man, often a wise one, but sometimes, and in some things, absolutely out of his senses.

When the commercial article, mentioned in yours of the 26th, was struck out of our proposed preliminaries by the British Ministry, the reason given was, that sundry acts of Parliament still in force were against it, and must be first repealed, which I believe was really their intention, and sundry bills were accordingly brought in for that purpose; but new Ministers with different principles succeeding, a commercial proclamation totally different from those bills has lately appeared. I send enclosed a copy of it. We shall try what can be done in the Definitive Treaty towards setting aside that proclamation, but if it should be persisted in, it will then be a matter worthy the attentive discussion of Congress, whether it will be most prudent to retort with a similar regulation in order to force its repeal, (which may possibly tend to bring on another quarrel) or to let it pass without notice, and leave it to its own inconvenience, or rather impracticability in the execution, and to the complaints of the West India planters, who must all pay much dearer for our produce under those restrictions.

I am not enough master of the course of our commerce to give an opinion on this particular question, and it does not behove me to do it; yet I have seen so much embarrassment and so little advantage in all the restraining and compulsive systems, that I feel myself strongly inclined to believe, that a State, which leaves all her ports open to all the world upon equal terms, will, by that means, have foreign commodities cheaper, sell its own productions dearer, and be on the whole the most prosperous. I have heard some merchants say, that there is ten per cent difference between Will you buy? and Will you sell? When foreigners bring us their goods, they want to part with them speedily, that they may purchase their cargoes and despatch their ships, which are at constant charges in our ports; we have then the advantage of their Will you buy? And when they demand our produce, we have the advantage of their Will you sell? And the concurring demands of a number also contribute to raise our prices. Thus both those questions are in our favor at home, against us abroad.

The employing, however, of our own ships and raising a breed of seamen among us, though it should not be a matter of so much private profit as some imagine, is nevertheless of political importance, and must have weight in considering this subject.

The judgment you make of the conduct of France in the peace, and the greater glory acquired by her moderation than even by her arms, appears to me perfectly just. The character of this Court and nation seems, of late years, to be considerably changed. The ideas of aggrandisement by conquest are out of fashion, and those of commerce are more enlightened and more generous than heretofore. We shall soon, I believe, feel something of this in our being admitted to a greater freedom of trade with their Islands. The wise here think France great enough; and its ambition at present seems to be only that of justice and magnanimity towards other nations, fidelity and utility to its allies.

The Ambassador of Portugal was much pleased with the proceedings relating to their vessel, which you sent me, and assures me they will have a good effect at his Court. He appears extremely desirous of a treaty with our States; I have accordingly proposed to him the plan of one (nearly the same with that sent me for Sweden) and after my agreeing to some alterations, he has sent it to his Court for approbation. He told me at Versailles, last Tuesday, that he expected its return to him on Saturday next, and anxiously desired that I would not despatch our packet without it, that Congress might consider it, and, if approved, send a commission to me or some other Minister to sign it.

I venture to go thus far in treating, on the authority only of a kind of general power, given formerly by a resolution of Congress to Messrs Franklin, Deane, and Lee; but a special commission seems more proper to complete a treaty, and more agreeable to the usual forms of such business.

I am in just the same situation with Denmark; that Court by its Minister here has desired a treaty with us. I have proposed a plan formed on that sent me for Sweden; it has been under consideration some time at Copenhagen, and is expected here this week, so that I may possibly send that also by this conveyance. You will have seen by my letter to the Danish Prime Minister, that I did not forget the affair of the prizes. What I then wrote, produced a verbal offer made me here, of £10,000 sterling, proposed to be given by his Majesty to the captors, if I would accept it as a full discharge of our demand. I could not do this, I said, because it was not more than a fifth part of the estimated value. In answer, I was told that the estimation was probably extravagant, that it would be difficult to come at the knowledge of their true value, and that whatever they might be worth in themselves, they should not be estimated as of such value to us when at Bergen, since the English probably watched them, and might have retaken them in their way to America; at least, they were at the common risk of the seas and enemies, and the insurance was a considerable drawback; that this sum might be considered as so much saved for us by the King's interference; for that if the English claimants had been suffered to carry the cause into the common courts, they must have recovered the prizes by the laws of Denmark; it was added, that the King's honor was concerned, that he sincerely desired our friendship, but he would avoid, by giving this sum in the form of a present to the captors, the appearance of its being exacted from him as the reparation of an injury, when it was really intended rather as a proof of his strong disposition to cultivate a good understanding with us.

I replied, that the value might possibly be exaggerated; but that we did not desire more than should be found just on inquiry, and that it was not difficult to learn from London what sums were insured upon the ships and cargoes, which would be some guide; and that a reasonable abatement might be made for the risk; but that the Congress could not, in justice to their mariners, deprive them of any part that was truly due to those brave men, whatever abatement they might think fit to make (as a mark of their regard for the King's friendship) of the part belonging to the public; that I had, however, no instructions or authority to make any abatement of any kind, and could, therefore, only acquaint Congress with the offer, and the reasons that accompanied it, which I promised to state fully and candidly (as I have now done) and attend their orders, desiring only that it might be observed, we had presented our complaint with decency, that we had charged no fault on the Danish government, but what might arise from inattention or precipitancy, and that we had intimated no resentment, but had waited with patience and respect the King's determination, confiding, that he would follow the equitable disposition of his own breast, by doing us justice as soon as he could do it with conveniency; that the best and wisest Princes sometimes erred, that it belonged to the condition of man, and was, therefore, inevitable, and that the true honor in such cases consisted not in disowning or hiding the error, but in making ample reparation; that, though I could not accept what was offered on the terms proposed, our treaty might go on, and its articles be prepared and considered, and, in the mean time, I hoped his Danish Majesty would reconsider the offer, and make it more adequate to the loss we had sustained. Thus that matter rests; but I hourly expect to hear further, and perhaps may have more to say on it before the ship's departure.

I shall be glad to have the proceedings you mention respecting the brig Providentia. I hope the equity and justice of our Admiralty Courts, respecting the property of strangers, will always maintain their reputation, and I wish particularly to cultivate the disposition of friendship towards us, apparent in the late proceedings of Denmark, as the Danish Islands may be of use to our West India commerce, while the English impolitic restraints continue.

The Elector of Saxony, as I understand from his Minister here, has thoughts of sending one to Congress, and proposing a treaty of commerce and amity with us. Prussia has likewise an inclination to share in a trade with America, and the Minister of that Court, though he has not directly proposed a treaty, has given me a packet of lists of the several sorts of merchandise they can furnish us with, which he requests me to send to America for the information of our merchants.

I have received no answer yet from Congress to my request of being dismissed from their service. They should, methinks, reflect, that if they continue me here, the faults I may henceforth commit, through the infirmities of age, will be rather theirs than mine. I am glad my journal afforded you any pleasure. I will, as you desire, endeavor to continue it. I thank you for the pamphlet; it contains a great deal of information respecting our finances. We shall, as you advise, avoid publishing it. But I see they are publishing it in the English papers. I was glad I had a copy authenticated by the signature of Secretary Thompson, by which I could assure Count de Vergennes, that the money contract I had made with him was ratified by Congress, he having just before expressed some uneasiness to me at its being so long neglected. I find it was ratified soon after it was received, but the ratification, except in that pamphlet, has not yet come to hand. I have done my best to procure the further loan directed by the resolution of Congress. It was not possible. I have written on that matter to Mr Morris. I wish the rest of the estimates of losses and mischiefs were come to hand; they would still be of use.

Mr Barclay has in his hands the affair of the Alliance and Bon Homme Richard. I will afford him all the assistance in my power, but it is a very perplexed business. That expedition, though for particular reasons under American commissions and colors, was carried on at the King's expense, and under his orders. M. de Chaumont was the agent appointed by the Minister of Marine to make the outfit. He was also chosen by all the captains of the squadron, as appears by an instrument under their hands, to be their agent, receive, sell, and divide prizes, &c. The Crown bought two of them at public sale, and the money I understand is lodged in the hands of a responsible person at L'Orient. M. de Chaumont says he has given in his accounts to the Marine, and that he has no more to do with the affair, except to receive a balance due to him. That account, however, is I believe unsettled, and the absence of some of the captains is said to make another difficulty, which retards the completion of the business. I never paid or received anything relating to that expedition, nor had any other concern in it, than barely ordering the Alliance to join the squadron at M. de Sartine's request. I know not whether the other captains will not claim a share in what we may obtain from Denmark, though the prizes were made by the Alliance, when separate from the squadron. If so, that is another difficulty in the way of making abatement in our demand, without their consent.

I am sorry to find, that you have thoughts of quitting the service. I do not think your place can be easily well supplied. You mention, that an entire new arrangement, with respect to foreign affairs, is under consideration. I wish to know whether any notice is likely to be taken in it of my grandson. He has now gone through an apprenticeship of near seven years in the Ministerial business, and is very capable of serving the States in that line, as possessing all the requisites of knowledge, zeal, activity, language, and address. He is well liked here, and Count de Vergennes has expressed to me in warm terms his very good opinion of him. The late Swedish Ambassador, Count de Creutz, who has gone home to be Prime Minister, desired I would endeavor to procure his being sent to Sweden, with a public character, assuring me, that he should be glad to receive him there as our Minister, and that he knew it would be pleasing to the King.[18] The present Swedish Ambassador has also proposed the same thing to me, as you will see by a letter of his, which I enclose.[19] One of the Danish Ministers, M. Walterstorff, who will probably be sent in a public character to Congress, has also expressed his wish, that my grandson may be sent to Denmark. But it is not my custom to solicit employments for myself, or any of my family, and I shall not do it in this case. I only hope, that if he is not to be employed in your new arrangement, I may be informed of it as soon as possible, that while I have strength left for it, I may accompany him in a tour to Italy, returning through Germany, which I think he may make to more advantage with me than alone, and which I have long promised to afford him, as a reward for his faithful service, and his tender filial attachment to me.

July 25th. While I was writing the above M. Walterstorff came in, and delivered me a packet from M. Rosencrone, the Danish Prime Minister, containing the project of the treaty with some proposed alterations, and a paper of reasons in support of them.[20] Fearing that we should not have time to copy them, I send herewith the originals, relying on his promise to furnish me with copies in a few days. He seemed to think, that the interest of the merchants is concerned in the immediate conclusion of the treaty, that they may form their plans of commerce, and wished to know whether I did not think my general power, above mentioned, sufficient for that purpose. I told him I thought a particular commission more agreeable to the forms, but if his Danish Majesty would be content for the present with the general authority, formerly given to me, I believed I might venture to act upon it, reserving by a separate article to Congress the power of shortening the term in case any part of the treaty should not be to their mind, unless the alteration of such part should hereafter be agreed on.

The Prince de Deuxponts was lately at Paris, and applied to me for information, respecting a commerce which is desired between the Electorate of Bavaria and America. I have it also from a good hand at the Court of Vienna, that the Emperor is desirous of establishing a commerce with us from Trieste, as well as Flanders, and would make a treaty with us if proposed to him. Since our trade is laid open, and no longer a monopoly to England, all Europe seems desirous of sharing in it, and for that purpose to cultivate our friendship. That it may be better known everywhere, what sort of people, and what kind of government they will have to treat with, I prevailed with our friend, the Duc de la Rochefoucault, to translate our book of Constitutions into French, and I presented copies to all the Foreign Ministers. I send you one herewith. They are much admired by the politicians here, and it is thought will induce considerable emigrations of substantial people from different parts of Europe to America. It is particularly a matter of wonder, that in the midst of a cruel war, raging in the bowels of our country, our sages should have the firmness of mind to sit down calmly and form such complete plans of government. They add considerably to the reputation of the United States.

I have mentioned above the port of Trieste, with which we may possibly have a commerce, and I am told that many useful productions and manufactures of Hungary may be had extremely cheap there. But it becomes necessary first to consider how our Mediterranean trade is to be protected from the corsairs of Barbary. You will see by the enclosed copy of a letter[21] I received from Algiers, the danger two of our ships escaped last winter. I think it not improbable, that those rovers may be privately encouraged by the English to fall upon us, and to prevent our interference in the carrying trade; for I have in London heard it is a maxim among the merchants, that if there were no Algiers, it would be worth England's while to build one. I wonder, however, that the rest of Europe do not combine to destroy those nests, and secure commerce from their future piracies.

I made the Grand Master of Malta a present of one of our medals in silver, writing to him a letter, of which I enclose a copy;[22] and I believe our people will be kindly received in his ports; but that is not sufficient; and perhaps now we have peace, it will be proper to send Ministers, with suitable presents, to establish a friendship with the Emperor of Morocco, and the other Barbary States, if possible. Mr Jay will inform you of some steps, that have been taken by a person at Alicant, without authority, towards a treaty with that Emperor. I send you herewith a few more of the abovementioned medals, which have given great satisfaction to this Court and nation. I should be glad to know how they are liked with you.

Our people, who were prisoners in England, are now all discharged. During the whole war, those who were in Forton prison, near Portsmouth, were much befriended by the constant charitable care of Mr Wren, a Presbyterian minister there, who spared no pains to assist them in their sickness and distress, by procuring and distributing among them the contributions of good Christians, and prudently dispensing the allowance I made them, which gave him a great deal of trouble, but he went through it cheerfully. I think some public notice should be taken of this good man. I wish the Congress would enable me to make him a present, and that some of our universities would confer upon him the degree of Doctor.

The Duke of Manchester, who has always been our friend in the House of Lords, is now here as Ambassador from England. I dine with him today, 26th, and if anything of importance occurs, I will add it in a postscript. Be pleased to present my dutiful respects to the Congress, assure them of my most faithful services, and believe me to be, with great and sincere esteem, Sir, &c.

B. FRANKLIN.

PLAN OF A TREATY WITH PORTUGAL.

Plan of a Treaty of Amity and Commerce between Her Most Faithful Majesty, the Queen of Portugal and Algarva, and the United States of North America.

Her Most Faithful Majesty, the Queen of Portugal and Algarva, and the United States of North America, anxious to fix in an equitable and permanent manner the regulation, which ought to be observed with regard to the commerce they wish to establish between their respective countries, conceive that they cannot more effectually attain this end than by observing as the basis of their arrangement the most perfect equality and reciprocity, allowing each party the liberty of making such interior regulations respecting their commerce and navigation as may best suit them, resting the advantages of commerce on its reciprocal utility and the laws of a just concurrence. In consequence of these principles, and of a mature deliberation, Her Most Faithful Majesty and the United States have agreed on the following articles.

ARTICLE I.

There shall be a firm, inviolable, and universal peace, and a sincere amity between Her Most Faithful Majesty, the Queen of Portugal, her heirs and successors, and the United States of North America, as well with respect to the citizens and subjects of the said two parties as their people, islands, cities, and places situated within their respective jurisdictions, and between their people and inhabitants of all classes, without exception of persons and places, similar to what has been already established with the most favorite powers.

ARTICLE II.

The subjects of Her Most Faithful Majesty may freely frequent and reside in the United States, and traffic in all kinds of effects and merchandises, whose importation or exportation is not or shall not be prohibited, and they shall not pay in the ports, harbors, roads, countries, islands, cities, and places within the United States, other or greater duties or imposts of any kind whatever, than such as the most favored nations are, or shall be, obliged to pay. And they shall enjoy all the rights, liberties, privileges, immunities, and exemptions with respect to trade, navigation, and commerce, whether in going from one port of the said States to another, or in going there, or returning from any part or to any part of the world whatever, which the said nations do or shall enjoy.

ARTICLE III.

In the like manner the citizens and inhabitants of the United States of North America shall freely frequent and reside in the States of Her Most Faithful Majesty in Europe; also in Madeira and the Azores, and trade there in all kinds of effects and merchandises, the importation and exportation of which is not, or shall not be prohibited, and they shall not pay in the ports, harbors, roads, countries, islands, cities, and places of the Queen of Portugal, other or greater duties of any kind whatsoever than such as the most favored nations are, or shall be, bound to pay; and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions as to trade, navigation, and commerce, whether in going from one port of Her Most Faithful Majesty's States to another, or in going there, or returning from any part of the world whatever, which the said nations do or shall enjoy.

ARTICLE IV.

Her Most Faithful Majesty shall use every means in her power to protect and defend all the vessels and property belonging to the subjects, people, and inhabitants of the said United States, which shall be in her ports, harbors, or roads, against any violence whatever that may be committed by the subjects of her said Majesty, by punishing such as shall violate these principles.

ARTICLE V.

The preceding article, shall be in like manner reciprocally and exactly observed on the part of the United States, with respect to the vessels and property belonging to the subjects of her said Majesty, which shall be found in their ports, harbors, or roads, against any violence that may be committed by the subjects of the United States.

ARTICLE VI.

If any squadrons or vessels of war touch at the ports, or enter into the seas in the neighborhood of Her Most Faithful Majesty's States, they shall conform to the regulations already established with respect to the other most favored maritime powers.

ARTICLE VII.

The United States of America likewise oblige themselves reciprocally to observe with exactitude the stipulations contained in the above article.

ARTICLE VIII.

It is likewise agreed and determined that every merchant, captains of merchant vessels, or other subjects of Her Most Faithful Majesty, shall have entire liberty in all places within the dominion or jurisdiction of the United States of America, to manage themselves their own affairs, and to employ therein whomsoever they please, and that they shall not be obliged to make use of any interpreter or broker, nor to pay them any fee, unless they do employ them. Moreover, the masters of the vessels shall not be obliged, in loading or discharging their vessels, to employ workmen, appointed for that purpose by public authority, but they shall be entirely free to discharge or load themselves their vessels, and to employ, in loading or discharging, such persons as they shall think proper for the purpose, without paying any fee, under the title of salary, to any other person whatever, and they shall not be obliged to put any kind of merchandise in other vessels, or to receive them on board, and wait to be loaded any longer time than what they please, and all and every of the citizens, people, and inhabitants of the United States of America shall have, and shall reciprocally enjoy, the same privileges and liberties in all the aforesaid places within Her Most Faithful Majesty's jurisdiction in Europe. And, as to what concerns contraband goods, which may be introduced in merchant vessels belonging to either nation, they shall be obliged to submit to the visit of the officers appointed in the two States, to prevent the said contraband, and, for that purpose to conform to the established regulations, or such as shall be established within the respective States.

ARTICLE IX.

Full and entire liberty of conscience shall be granted to the inhabitants and subjects of each party, and no one shall be molested with respect to his worship, provided he submits, as far as respects the public demonstration, to the laws of the country. The inhabitants and subjects of either party, who shall die in the territory of the other party, shall be permitted to be buried in suitable and decent places, which shall be assigned for that purpose, and the two contracting powers shall provide, each within its own jurisdiction, that the respective subjects and inhabitants may obtain certificates of death, in case they shall be required to deliver them.

ARTICLE X.

The subjects of the contracting parties may, within the respective States, freely dispose of their property, moveable and immoveable, either by testament, donation, or otherwise, in favor of such persons as they may think proper, and their heirs, wherever they may dwell, shall receive these successions, even ab intestato, either in person or by attorney, without the necessity of obtaining letters of naturalization. These inheritances, as well as the capitals and effects, which the subjects of the two parties, in changing their residence, would carry from the place of their abode, shall be exempted from any duties on the part of the government of the two respective States. The contents of this article shall in no wise derogate from the ordinances published against emigrations, or which shall hereafter be promulgated within the dominions of the two powers, the exercise of which they reserve to themselves.

ARTICLE XI.

If, hereafter, a war should happen between Portugal and the United States, which God forbid, the space of nine months shall be granted to the merchants of either country residing at that time in the other, to collect their debts and put their affairs in order, and they may depart with all their effects without let or molestation. All fishermen, farmers, artisans, or manufacturers, unarmed and residing in cities, places, and villages not fortified, who work for the subsistence and welfare of mankind, and who peaceably exercise their respective employments, shall be allowed to continue their occupations without molestation from the armed forces of the enemy, in whose power they may fall through the events of war; but should it be necessary to take anything from them for the use of the army, they shall be paid for them at a reasonable price. All traders and merchants, whose vessels shall not be armed for war, but employed in the commerce of exchanging the productions of different countries, and thereby rendering the wants, conveniences, and comforts of life easier to be obtained and more universal, shall be permitted to pass freely, and without molestation. Neither of the contracting powers shall grant a commission to any privateer, authorising it to take or destroy such merchant vessels, or to interrupt such commerce.

ARTICLE XII.

In order to remove and prevent on both sides every difficulty and misunderstanding, that commonly happen respecting merchandise heretofore denominated contraband, and which shall be judged such by the powers of Europe in their respective treaties, that is to say, arms and warlike stores, it has been agreed, that in case where one of the contracting parties shall be engaged in a war against any other nation, none of these articles carried in the vessels, or by the subjects of one of the parties to the enemies of the other, shall be considered contraband under any pretext whatever, nor be confiscated or taken away as such from any individual. It shall, nevertheless, be lawful to stop such vessels, and to detain them as long as the captors shall think necessary to prevent the inconveniencies or damages that may result from the continuation of their voyage, by paying, however, to the proprietors a reasonable compensation for the loss, which such detention may occasion; moreover, the captors shall be permitted to use, in whole or in part, the warlike stores thus detained, provided that they pay the full value thereof to the proprietors.

ARTICLE XIII.

All vessels and merchandise of whatsoever kind, that shall be recovered from pirates of the high seas, shall be brought into some port of one of the two States and delivered to the care of the officers of the said port, in order that they may be completely restored to their true proprietor, as soon as he shall have duly and sufficiently proved his property.

ARTICLE XIV.

None of Her Most Faithful Majesty's subjects shall take a commission or letter of marque to arm any vessel or vessels for the purpose of acting as privateers against the United States, or any of them, or against their subjects, people, or inhabitants, or against their property, or that of the inhabitants of either of them, from any prince whatever, with whom the said States shall be at war. In like manner, no citizen, or subject, or inhabitant of the aforesaid United States, or any of them, shall demand any commission or letter of marque to arm any vessel or vessels to cruise against the subjects of Her Most Faithful Majesty, or any of them, or their property, from any prince or State whatever with whom the said Queen shall be at war; and if any one belonging to either nation takes such commission or letter of marque, he shall be punished as a pirate.

ARTICLE XV.

In case the vessels, subjects, and inhabitants of one of the two contracting parties shall approach the coasts of the other, without designing, however, to enter into the port, or, after having entered, without intention to discharge their cargo, or to break bulk, they shall be at liberty to depart or to pursue their voyage without molestation.

ARTICLE XVI.

It is stipulated by the present treaty, that free vessels shall secure the liberty of the persons who shall be on board, even should they be the enemies of one of the two contracting parties, and they shall not be taken out of the said vessels unless they are military characters, and actually in the enemy's service.

ARTICLE XVII.

The two contracting parties mutually grant permission to maintain in their respective ports, consuls, vice consuls, agents, and commissaries, whose functions shall be regulated by a particular convention, whenever either party may be pleased to establish it.

ARTICLE XVIII.

The present treaty shall be ratified on both sides, and the ratifications shall be exchanged in the space of eight months, or sooner if possible, reckoning from the date of the signature.

ARTICLE XIX.

Her Most Faithful Majesty, the Queen of Portugal and Algarva, and the United States of North America, agree that the present treaty shall be in full force, reckoning from the date of its ratification, and the two contracting parties reciprocally promise to observe it exactly.

FROM THE POPE'S NUNCIO TO B. FRANKLIN.

Translation.

The Apostolical Nuncio has the honor to send Mr Franklin the enclosed note, which he requests he will be pleased to forward to the Congress of the United States of North America, and support it with his credit.

July 28th, 1783.

NOTE.

Before the revolution, which has just been completed in North America, the Catholics and missionaries of those provinces depended, as to their spiritual concerns, on the Apostolical Vicar, resident in London. It is well known that this arrangement can no longer exist; but as it is essential that the Catholic subjects of the United States should have an ecclesiastic to govern them in their religious concerns, the congregation de Propagandâ Fide existing at Rome for the establishment and conservation of missions, has come to the determination of proposing to Congress to establish, in some city of the United States of North America, one of their Catholic subjects, with the powers of Apostolical Vicar, and in the character of Bishop, or simply in quality of Apostolical Prefect.

The establishment of an Apostolical Vicar Bishop appears the most eligible, the more so as the Catholic subjects of the United States would find themselves in a situation to receive confirmation and orders in their own country, without being obliged to go for that purpose to the country of a foreign power. And as it might sometimes happen, that among the subjects of the United States, there might be no person in a situation to be charged with the spiritual government, either as Bishop or Apostolical Prefect, it would be necessary, in such circumstances, that Congress should consent to choose him from among the subjects of a foreign nation the most friendly with the United States.

TO COUNT DE VERGENNES.

Passy, August 16th, 1783.

Sir,

I have the honor to inform your Excellency, that the English Ministry do not agree to any of the propositions that have been made, either by us or by their Minister here; and they have sent over a plan for the definitive treaty, which consists merely of the preliminaries formerly signed, with a short introductory paragraph, and another at the conclusion, confirming and establishing the said preliminary articles. My colleagues seem inclined to sign this with Mr Hartley, and so to finish the affair.

I am, with respect, Sir, your Excellency's, &c.

B. FRANKLIN.

M. DE RAYNEVAL TO B. FRANKLIN.

Translation.

Versailles, August 29th, 1783.

Sir,

I have informed the Count de Vergennes of the difficulty, which Mr Hartley has made to signing at Versailles, and this Minister has directed me to say, that nothing ought to prevent your signing at Paris on Wednesday next, the day proposed for the signature of the other treaties; but I request you to fix the hour with Mr Hartley at nine o'clock in the morning, and to send here an express immediately after your signature is completed.

M. de Vergennes is desirous of being informed of the completion of your labors at the same time with his own. You receive for Wednesday a note of invitation, as well as for your colleagues and Mr Hartley; I presume that the latter will make no difficulty.

I have the honor to be, Sir, with perfect consideration, your most obedient humble servant,

DE RAYNEVAL.

TO THE PRESIDENT OF CONGRESS.

Passy, August 31st, 1783.

Sir,

After a continued course of treating for nine months, the English Ministry have at length come to a resolution to lay aside, for the present, all the new propositions, that have been made and agreed to, their own as well as ours; and they offer to sign again as a Definitive Treaty, the articles of November the 30th, 1782, the ratifications of which have already been exchanged. We have agreed to this, and on Wednesday next, the third of September, it will be signed, with all the definitive treaties, establishing a general peace, which may God long continue.

I am, with great respect, &c.

B. FRANKLIN.

TO DAVID HARTLEY.

Passy, September 6th, 1783.

My Dear Friend,

Enclosed is my letter to Mr Fox. I beg you would assure him, that my expressions of esteem for him are not mere professions. I really think him a great man, and I would not think so if I did not believe he was at bottom, and would prove himself a good one. Guard him against mistaken notions of the American people. You have deceived yourselves too long with vain expectations of reaping advantage from our little discontents. We are more thoroughly an enlightened people, with respect to our political interests, than perhaps any other under Heaven. Every man among us reads, and is so easy in his circumstances as to have leisure for conversations of improvement, and for acquiring information. Our domestic misunderstandings, when we have them, are of small extent, though monstrously magnified by your microscopic newspapers. He who judges from them, that we are on the point of falling into anarchy, or returning to the obedience of Britain, is like one who being shown some spots in the sun should fancy, that the whole disk would soon be overspread with them, and that there would be an end of daylight. The great body of intelligence among our people, surrounds and overpowers our petty dissensions, as the sun's great mass of fire diminishes and destroys his spots. Do not, therefore, any longer delay the evacuation of New York, in the vain hope of a new revolution in your favor, if such a hope has indeed had any effect in occasioning the delay. It is now nine months since the evacuations were promised. You expect with reason, that the people of New York should do your merchants justice in the payment of their old debts; consider the injustice you do them in keeping them so long out of their habitations, and out of their business, by which they might have been enabled to make payment. There is no truth more clear to me than this, that the great interests of our two countries is a thorough reconciliation. Restraints on the freedom of commerce and intercourse between us, can afford no advantage equivalent to the mischief they will do, by keeping up ill humor and promoting a total alienation. Let you and me, my dear friend, do our best towards advancing and securing that reconciliation. We can do nothing, that will in a dying hour afford us more solid satisfaction.

I wish you a prosperous journey, and a happy sight of your friends. Present my best respects to your good brother and sister, and believe me ever, with sincere and great esteem, yours affectionately,

B. FRANKLIN.

TO JOHN JAY.

Passy, September 10th, 1783.

Sir,

I have received a letter from a very respectable person in America, containing the following words, viz.

"It is confidently reported, propagated, and believed by some among us, that the Court of France was at the bottom against our obtaining the fishery and territory in that great extent, in which both are secured to us by the treaty; that our Minister at that Court favored, or did not oppose this design against us, and that it was entirely owing to the firmness, sagacity, and disinterestedness of Mr Adams, with whom Mr Jay united, that we have obtained these important advantages."

It is not my purpose to dispute any share of the honor of that treaty, which the friends of my colleagues may be disposed to give them, but having now spent fifty years of my life in public offices and trusts, and having still one ambition left, that of carrying the character of fidelity at least to the grave with me, I cannot allow that I was behind any of them in zeal and faithfulness. I therefore think, that I ought not to suffer an accusation, which falls little short of treason to my country, to pass without notice, when the means of effectual vindication are at hand. You, Sir, were a witness of my conduct in that affair. To you and my other colleagues I appeal, by sending to each a similar letter with this, and I have no doubt of your readiness to do a brother Commissioner justice, by certificates, that will entirely destroy the effect of that accusation.

I have the honor to be, with much esteem, &c.

B. FRANKLIN.

JOHN JAY TO B. FRANKLIN.

Passy, September 11th, 1783.

Sir,

I have been favored with your letter of yesterday, and will answer it explicitly. I have no reason whatever to believe, that you were averse to our obtaining the full extent of boundary and fishery secured to us by the treaty. Your conduct respecting them throughout the negotiation indicated a strong, a steady attachment to both those objects, and in my opinion promoted the attainment of them.

I remember, that in a conversation, which M. de Rayneval, the first Secretary of Count de Vergennes, had with you and me, in the summer of 1782, you contended for our full right to the fishery, and argued it on various principles.

Your letters to me, when in Spain, considered our territory as extending to the Mississippi, and expressed your opinion against ceding the navigation of that river, in very strong and pointed terms.

In short, Sir, I do not recollect the least difference in sentiment between us respecting the boundaries or fisheries. On the contrary, we were unanimous and united in adhering to, and insisting on them. Nor did I perceive the least disposition in either of us to recede from our claims, or be satisfied with less than we obtained.

I have the honor to be, with great respect and esteem, &c.[23]

JOHN JAY.

JOHN ADAMS TO B. FRANKLIN.

Paris, September 13th, 1783.

Sir,

I have received the letter, which you did me the honor to write me on the 10th of this month, in which you say you have received a letter from a very respectable person in America, containing the following words, viz. "It is confidently reported, propagated, and believed by some among us, that the Court of France was at the bottom against our obtaining the fishery and territory in that great extent, in which both are secured to us by the treaty; that our Minister at that Court favored, or did not oppose this design against us, and that it was entirely owing to the firmness, sagacity, and disinterestedness of Mr Adams, with whom Mr Jay united, that we have obtained those important advantages."

It is unnecessary for me to say anything upon this subject, more than to quote the words which I wrote in the evening of the 30th of November, 1782, and which have been received and read in Congress, viz; "As soon as I arrived in Paris, I waited on Mr Jay, and learned from him the rise and progress of the negotiation. Nothing that has happened, since the beginning of the controversy in 1761, has ever struck me more forcibly or affected me more intimately, than that entire coincidence of principles and opinion between him and me. In about three days I went out to Passy, and spent the evening with Dr Franklin, and entered largely into conversation with him upon the course and present state of our foreign affairs. I told him my opinion without reserve of the policy of this Court, and of the principles, wisdom, and firmness with which Mr Jay had conducted the negotiation in his sickness and my absence, and that I was determined to support Mr Jay to the utmost of my power in pursuit of the same system. The Doctor heard me patiently and said nothing."

"The first conference we had afterwards with Mr Oswald in considering one point and another, Dr Franklin turned to Mr Jay and said, 'I am of your opinion, and will go on with these gentlemen without consulting this Court.' He has accordingly met us in most of our conferences, and has gone on with us in entire harmony and unanimity throughout, and has been able and useful, both by his sagacity and reputation, in the whole negotiation."[24]

I have the honor to be, very respectfully, Sir,

JOHN ADAMS.

Passy, September 13th, 1783.

Sir,

I received a few days since, the private letter your Excellency did me the honor of writing to me of the 13th of June. I regret with you the resignation of the late Secretary. Your present cares are increased by it, and it will be difficult to find a successor of equal abilities.

We found no difficulty in deciphering the resolution of Congress. The Commissioners have taken no notice of it in our public letter.

I am happy to hear that both the device and workmanship of the medal are approved with you, as they have the good fortune to be by the best judges on this side of the water. It has been esteemed a well-timed, as well as a well-merited compliment here, and has its good effects. Since the two first, which you mention as received, I have sent by different opportunities so many, as that every member of Congress might have one. I hope they are come safe to hand by this time.

I wrote a long letter to Mr Livingston by Mr Barney, to which I beg leave to refer, enclosing a copy.

We had, before signing the definitive treaty, received the ratification of the preliminary articles by his Britannic Majesty, exchanged with us by Mr Hartley for that of the Congress. I send herewith a copy of the first and last clauses.

In a former letter I mentioned the volunteer proceedings of a merchant at Alicant, towards obtaining a treaty between us and the Emperor of Morocco. We have since received a letter from a person who says, as you will see by the copy enclosed, that he is sent by the Emperor to be the bearer of his answer to the United States, and that he is arrived in Spain on his way to Paris. He has not yet appeared here, and we hardly know what answer to give him. I hope the sending a Minister to that Court, as recommended in my last, has been taken into consideration, or at least that some instructions respecting that nation have been sent to your Minister in Spain, who is better situated than we are for such a negotiation.[25]

The Minister from Denmark often speaks to me about the proposed treaty, of which a copy went by Mr Barney. No commission to sign it, nor any instructions from Congress relating to it are yet arrived; and though pressed, I have not ventured to do anything further in the affair.

I forward herewith a letter to the Congress from the city of Hamburg.[26] I understand that a good disposition towards us prevails there, which it may be well to encourage.

No answer has yet been given me from the Court of Portugal, respecting the plan of a treaty concerted between its Ambassador here and me. He has been unwell and much in the country, so that I have not seen him lately. I suspect that the false or exaggerated reports of the distracted situation of our government, industriously propagated throughout Europe by our enemies, have made an impression in that kingdom to our disadvantage, and inclined them to hesitate in forming a connexion with us. Questions asked me, and observations made by several of the foreign Ministers here, convince me that the idle stories of our disunion, contempt of authority, refusal to pay taxes, &c. have been too much credited, and been very injurious to our reputation.

I sent before a copy of the letter I wrote to the Grand Master of Malta, with a present of our medal. With this you will have a copy of his answer.[27] I send also a copy of a note I received from the Pope's Nuncio.[28] He is very civil on all occasions, and has mentioned the possibility of an advantageous trade America might have with the Ecclesiastical State, which he says has two good ports, Civita Vecchia, and ——.

This Court continues favorable to us. Count de Vergennes was resolute in refusing to sign the definitive treaty with England before ours was signed. The English Ministers were offended, but complied. I am convinced that Court will never cease endeavoring to disunite us. We shall, I hope, be constantly on our guard against those machinations, for our safety consists in a steady adherence to our friends, and our reputation in a faithful regard to treaties, and in a grateful conduct towards our benefactors.

I send herewith sundry memorials recommended to my care by Count de Vergennes, viz. one respecting a claim of Messieurs Fosters, of Bordeaux, one of M. Pequet, and one of M. Bayard. The Congress will take such notice of them as they shall think proper.

With great esteem and respect, I have the honor to be, &c.

B. FRANKLIN.

TO LEWIS R. MORRIS.[29]

Passy, September 14th, 1783.

Sir,

I received by the Washington the bills and accounts mentioned in yours of the 5th of June, and shall soon send you an account of the disposition of the money.

My account as stated by you appears to be correct.

With much esteem, I have the honor to be, &c.

B. FRANKLIN.

DAVID HARTLEY TO B. FRANKLIN.

Bath, September 24th, 1783.

My Dear Friend,

I am at present at Bath with my dearest sister, whom I have found as well as I could have expected, and I hope with reasonable prospect of recovery in time. I have seen my friends in the ministry, and hope things will go on well; with them I am sure all is right and firm. The chief part of the Cabinet Ministers are out of town, but there will be a full cabinet held in a few days, in which a specific proposition, in the nature of a temporary convention, will be given in instructions to me. I imagine nearly upon the ground of my memorial of May 19th, 1783, which I delivered to the American Ministers, viz. "American ships not to bring foreign manufactures into Great Britain, nor to trade directly between the British West Indies and Great Britain;" all the rest to be as before the war. I expect that something to this effect will be their determination in the affair, and if it should be so, I shall hope not to meet with difficulty on your parts. I want to see some specific beginning. As to any further proposition respecting the trade between Great Britain and the British West Indies, I doubt whether any such can be discussed before the meeting of Parliament. I wish to look forward not only to the continuation of peace between our two countries, but to the improvement of reconciliation into alliance, and therefore I wish the two parties to be disposed to accommodate each other, without the strict account by weights and scales, as between aliens and strangers, actuated towards each other by no other principle than cold and equalizing indifference. Friendly dispositions presumed have their fairest chance of being realized, but if we should set out presuming against them, the good which might have happened may be prevented. Pray remember me to your three colleagues, and to all friends.

Yours, ever most affectionately,

D. HARTLEY.

P. S. I have put in a word for our Quaker article, and I hope with some impression.

TO THE PRESIDENT OF CONGRESS.

Passy, September 27th, 1783.

Sir,

Mr Thaxter, late Secretary of Mr Adams, who is charged with all our despatches, that were intended to go by the French packet boat, writes from L'Orient, that though he arrived there two days before the time appointed for her sailing, he missed reaching her by four hours; but another light vessel was fitting, and would sail the 21st instant, in which he hoped to arrive at New York, nearly as soon as the packet. We shall send duplicates by the next from hence.

In the meantime I enclose a printed copy of the Definitive Treaty, which I hear is ratified. Indeed we have the ratification of the preliminaries.

Mr Hartley, when he left us, expected to return in three weeks, in order to proceed with us in forming a treaty of commerce. The new commission, that was intended for us, is not yet come to hand.

With great respect, I have the honor to be, Sir, &c.

B. FRANKLIN

TO DAVID HARTLEY.

Passy, October 16th, 1783.

My Dear Friend,

I have nothing material to write to you respecting public affairs, but I cannot let Mr Adams, who will see you, go without a line to inquire after your welfare, to inform you of mine, and assure you of my constant respect and attachment.

I think with you, that your Quaker article is a good one, and that men will in time have sense enough to adopt it, but I fear that time is not yet come.

What would you think of a proposition, if I should make it, of a compact between England, France, and America? America would be as happy as the Sabine girls, if she could be the means of uniting in perpetual peace her father and her husband. What repeated follies are those repeated wars! You do not want to conquer and govern one another. Why then should you be continually employed in injuring and destroying one another? How many excellent things might have been done to promote the internal welfare of each country; what bridges, roads, canals, and other useful public works and institutions, tending to the common felicity, might have been made and established with the money and men foolishly spent, during the last seven centuries by our mad wars in doing one another mischief! You are near neighbors and each have very respectable qualities. Learn to be quiet and to respect each other's rights. You are all Christians. One is The Most Christian King, and the other Defender of the Faith. Manifest the propriety of these titles by your future conduct. "By this," says Christ, "shall all men know that ye are my disciples, if ye love one another." Seek peace, and insure it.

Adieu, yours, &c.

B. FRANKLIN.

TO DAVID HARTLEY.

Passy, October 22d, 1783.

I received my dear friend's kind letter of the 4th instant from Bath, with your proposed temporary convention, which you desire me to show to my colleagues. They are both by this time in London, where you will undoubtedly see and converse with them on the subject. The apprehension you mention, that the cement of the confederation may be annihilated, &c. has not, I think, any foundation. There is sense enough in America to take care of their own china vase. I see much in your papers about our divisions and distractions, but I hear little of them from America; and I know that most of the letters, said to come from there with such accounts, are mere London fictions. I will consider attentively the proposition abovementioned, against the return of my colleagues, when I hope our commission will have arrived.

I rejoice to hear that your dear sister's recovery advances, and that your brother is well. Please to present my affectionate respects to them, and believe me ever yours, &c.

B. FRANKLIN.

TO THE PRESIDENT OF CONGRESS.

Passy, November 1st, 1783.

Sir,

Enclosed is a copy of my last, which went by the English packet. I heard after I wrote it, that the French packet putting back by contrary winds, Mr Thaxter had an opportunity of getting on board her, and that she sailed the 26th of September.

The mentioned new commission is not yet come to hand. Mr Hartley is not returned, and I hear will stay for the meeting of Parliament, which is to be the 11th instant, and he will not come hither till the recess for the Christmas holidays. Mr Jay went to England about three weeks since on some personal affairs; and Mr Adams followed last week to see that country, and take some exercise during this vacancy of business.

This Court is now at Fontainbleau, but will return to Versailles in a few days. Its good disposition towards us continues. The late failure of payment in the Caisse d'Escompte, an institution similar to the Bank of England, occasioned partly by its having gone too far in assisting the government with money, and the inability of the government to support their credit, though extremely desirous of doing it, is a fresh proof that our not obtaining a further loan was not occasioned by want of good will to assist us, as some have unjustly supposed, but by a real want of the means. Money is at present unaccountably scarce here; what is arrived and expected in Spain since the peace it is thought will set things right. The government has proposed a second lottery for this year, by which they borrow twentyfour millions, and it is filled readily. This helps, and the Caisse d'Escompte goes on again with its operations, but it is said the interest paid by the lottery plan is nearly seven per cent.

I have received the duplicates of your Excellency's letter, of the 15th of July, to the Commissioners, which is very satisfactory, though it came to hand but lately. The first sent, via New York, has not yet appeared. I have sent copies of it to the Hague and Madrid. The substance is published in several papers.

I have acquainted the Minister of Sweden, that I have received the ratification of the treaty, and he has written to me that he shall be in town in a few days, when he will make the exchange. The conclusion of the Danish treaty waits only for the commission and instructions from Congress. The Ambassador of Portugal informed me lately, that his Court had our proposed plan under consideration, and that we should soon hear from them. I sent it to Congress by Barney, and hear the ship is arrived. A commission and instructions will be wanting for that also, should the Congress be disposed to conclude a treaty with that nation.

I see by the public prints, that the Congress have ratified the contract I made with the Minister here, respecting the loans and aids we had received, but the ratification itself, though directed to be sent me, has never come to hand, and I am often asked for it. I beg it may be forwarded by the first opportunity.

There has been with me lately M. Pierre du Calvet, a merchant of Montreal, who, when our army was in Canada, furnished our generals and officers with many things they wanted, taking their receipts and promissory notes for payment; and when the English repossessed the country, he was imprisoned, and his estate seized, on account of the services he had rendered us. He has shown me the originals of his papers, which I think are genuine. He produced also a quantity of Congress paper, which he says he received in payment for some of the supplies, and which appeared to me of our first emissions, and yet all fresh and clean, as having passed through no other hands. When he was discharged from prison, he could not obtain permission to go into the United States to claim the debt, but was allowed to go to England; and from thence he came hither to solicit payment from me. Having no authority to meddle with such debts, and the sum being considerable, I refused, and advised him to take passage for America, and make his application to Congress. He said he was grown old, much broken and weakened by near three years' imprisonment, and that the voyage from Canada to London had like to have been too much for him, he being sick all the way; so that he could not think of another, though distressed for want of his money. He appears an honest man, and his case a hard one. I have therefore undertaken to forward his papers, and I beg leave to recommend them to the speedy consideration of Congress, to whom I request you would be pleased to present my dutiful respects, and assure them of my most faithful services.

With great esteem and regard, &c.

B. FRANKLIN.

GIACOMO FRANCISCO CROCCO TO B. FRANKLIN.

Cadiz, November 25th, 1783.

Sir,

On the 15th of July last, I had the honor to acquaint your Excellency of my arrival in Europe, and that I was appointed by his Majesty, the Emperor of Morocco, bearer of the answer to the Congress, Sovereign of the Thirteen United States of North America, and that according to my instructions, I was to meet at Paris the Ambassador, that would be appointed by the Congress, to sign at the Court of Morocco the treaty of peace and commerce, agreeably to the proposals made to his Imperial Majesty, by Robert Montgomery, in his letter dated at Alicant, the 4th of January, 1783. Since I have been at the Court of Madrid, where I had some commissions from the Emperor, and to see the execution of them, I came to this place, from whence I intend to embark in three or four months for Barbary, unless in the meantime I should receive an answer from your Excellency, with orders, that Mr Richard Harrison should give me for my travelling charges fifteen hundred hard dollars, although the Courts of Europe are accustomed to allow the Ministers of my master at the rate of ten pounds sterling per day, while they are in Europe, to defray their expenses, besides presents for their good offices in those important affairs.

His Imperial Majesty was graciously pleased at my solicitation to agree at the request of Congress, to grant them a treaty of peace, (which other powers in Europe could not obtain but after many years) and my return, without the full execution of his commands, I apprehend may forever indispose him against the United Provinces.

I remain most truly, Sir, &c.

GIACOMO FRANCISCO CROCCO.

TO WILLIAM CARMICHAEL.

Passy, December 15th, 1783.

My Dear Friend,

I am much concerned to find by your letter to my grandson, that you are hurt by my long silence, and that you ascribe it to a supposed diminution of my friendship. Believe me, that is by no means the case, but I am too much harassed by a variety of correspondence, together with gout and gravel, which induce me to postpone doing what I often fully intend to do, and particularly writing, where the urgent necessity of business does not seem to require its being done immediately, my sitting too much at the desk having already almost killed me, besides, since Mr Jay's residence here, I imagined he might keep you fully informed of what was material for you to know, and I beg you to be assured of my constant and sincere esteem and affection.

I do not know whether you have been informed, that a Mr Montgomery, who lives at Alicant, took upon himself, (for I think he had no authority,) to make overtures last winter in behalf of our States, towards a treaty with the Emperor of Morocco. In consequence of his proceedings I received a letter in August, from a person who acquainted me, that he was arrived in Spain by the Emperor's order, and was to come to Paris, there to receive and conduct to Morocco the Minister of Congress appointed to make that treaty, intimating at the same time an expectation of money to defray his expenses. I communicated the letter to Mr Jay. The conduct of Mr Montgomery appeared to us very extraordinary and irregular, and the idea of a messenger from Morocco coming to Paris to meet and conduct a Minister of Congress appearing absurd and extravagant, as well as the demand of money by a person unknown, I made no answer to the letter, and I know not whether Mr Jay made any to Mr Montgomery, who wrote about the same time. But I have lately received another letter from the same person, a copy of which I enclose, together with my answer open for your perusal, and it is submitted to your discretion whether to forward it or not. The Mr Crocco, who writes to me, having been, as he says, at Madrid, you possibly may know more of him than I can, and judge whether he is really a person in credit with the Emperor, and sent as he pretends to be, or not rather an Escroc, as the French call cheats and impostors.

I would not be wanting in anything proper for me to do towards keeping that Prince in good humor with us, till the pleasure of Congress is known, and therefore would answer Mr Crocco if he be in his employ; but am loth to commit myself in correspondence with a Fripon. It will be strange if, being at Madrid, he did not address himself to you.

With great and unalterable regard, I am ever, my dear friend, yours most affectionately,

B. FRANKLIN.

TO GIACOMO FRANCISCO CROCCO.

Passy, December 15th, 1783.

Sir,

I have just received the letter you did me the honor of writing to me the 25th past. I did indeed receive your former letter of July, but being totally a stranger to the mentioned proceedings of Mr Montgomery, and having no orders from Congress on the subject, I knew not how to give you any satisfactory answer, till I should receive further information; and I communicated your letter to Mr Jay, Minister of the United States for Spain, in whose district Mr Montgomery is, and who is more at hand than I am for commencing that negotiation.

Mr Jay, who is at present in England, has possibly written to you, though his letter may have miscarried, to acquaint you, that Mr Montgomery had probably no authority from Congress to take the step he has done, and that it was not likely that they, desiring to make a treaty with the Emperor, would think of putting his Majesty to the trouble of sending a person to Paris to receive and conduct their Minister, since they have ships, and could easily land him at Cadiz, or present him at one of the Emperor's ports. We have, however, written to Congress, acquainting them with what we had been informed, of the good and favorable disposition of his Imperial Majesty, to enter into a treaty of amity and commerce with the United States, and we have no doubt but that, as soon as their affairs are a little settled, which, by so severe a war carried on in the bowels of their country, by one of the most powerful nations of Europe, have necessarily been much deranged, they will readily manifest equally good dispositions, and take all the proper steps to cultivate and secure the friendship of a monarch, whose character I know they have long esteemed and respected.

I am, Sir, &c.

B. FRANKLIN.

TO THE PRESIDENT OF CONGRESS.

Passy, December 25th, 1783.

Sir,

Not having heard of the appointment of a new Secretary for Foreign Affairs, I take the liberty of addressing this despatch directly to your Excellency. I received by Captain Barney a letter from the late President, directed to the Commissioners, dated November the 1st, with a set of instructions, dated the 29th of October, a resolution of the same date respecting Hamburg, and another of the 1st of November, relating to Captain Paul Jones, all which will be duly regarded.

Captain Jones, in passing through England, communicated these papers to Mr Adams then at London. Mr Adams, disappointed in not finding among them the commission we had been made to expect, empowering us to make a treaty of commerce with England, wrote to me, that he imagined it might be contained in a packet that was directed to me, and requested to be immediately informed, adding, that in case no such commission was come he should depart directly for Holland; so I suppose he is now there. Mr Laurens is gone to England, with an intention of embarking soon for America. Mr Jay is at Bath, but expected here daily. The English Ministers, the Duke of Manchester and Mr Hartley, are both at present in Parliament. As soon as either of them returns, we shall endeavor to obtain an additional article to the treaty, explaining that mentioned in the instructions.

The affairs of Ireland are still unsettled. The Parliament and volunteers are at variance; the latter are uneasy, that in the late negotiations for a treaty of commerce between England and America, the British Ministers had made no mention of Ireland, and they seem to desire a separate treaty of commerce between America and that kingdom.

It was certainly disagreeable to the English Ministers, that all their treaties for peace were carried on under the eye of the French Court. This began to appear towards the conclusion, when Mr Hartley refused going to Versailles, to sign there with the other powers our definitive treaty, and insisted on its being done at Paris, which we in good humor complied with, but at an earlier hour, that we might have time to acquaint Count de Vergennes before he was to sign with the Duke of Manchester.

The Dutch definitive treaty was not then ready, and the British Court now insists on finishing it either at London or the Hague. If, therefore, the commission to us, which has been so long delayed, is still intended, perhaps it will be well to instruct us to treat either here or at London, as we may find most convenient.

The treaty may be conducted, even there, in concert and in the confidence of communication with the Ministers of our friends, whose advice may be of use to us.

With respect to the British Court, we should, I think, be constantly upon our guard, and impress strongly upon our minds, that though it has made peace with us, it is not in truth reconciled either to us, or to its loss of us, but still flatters itself with hopes, that some change in the affairs of Europe, or some disunion among ourselves, may afford them an opportunity of recovering their dominion, punishing those who have most offended, and securing our future dependence. It is easy to see by the general turn of the ministerial newspapers, (light things, indeed, as straws and feathers, but like them they show which way the wind blows) and by the malignant improvement their Ministers make, in all the foreign Courts, of every little accident or dissension among us, the riot of a few soldiers at Philadelphia, the resolves of some town meetings, the reluctance to pay taxes, &c. all which are exaggerated, to represent our government as so many anarchies, of which the people themselves are weary, and the Congress as having lost its influence, being no longer respected. I say it is easy to see from this conduct, that they bear us no good will, and that they wish the reality of what they are pleased to imagine. They have, too, a numerous royal progeny to provide for, some of whom are educated in the military line. In these circumstances we cannot be too careful to preserve the friendships we have acquired abroad, and the union we have established at home, to secure our credit by a punctual discharge of our obligations of every kind, and our reputation by the wisdom of our councils; since we know not how soon we may have a fresh occasion for friends, for credit, and for reputation.