The Diplomatic Correspondence of the American Revolution, Vol. 04

Volume 4 — Introductory material (continued 4)

Reading edition

The extravagant misrepresentations of our political state in foreign countries, made it appear necessary to give them better information, which I thought could not be more effectually and authentically done, than by publishing a translation into French, now the most general language in Europe, of the Book of Constitutions, which had been printed by order of Congress. This I accordingly got well done, and presented two copies handsomely bound to every foreign Minister here, the one for himself, the other more elegant for his Sovereign. It has been well taken, and has afforded matter of surprise to many, who had conceived mean ideas of the state of civilization in America, and could not have expected so much political knowledge and sagacity had existed in our wilderness. And from all parts I have the satisfaction to hear, that our constitutions in general are much admired. I am persuaded, that this step will not only tend to promote the emigration to our country of substantial people from all parts of Europe, by the numerous copies I shall disperse, but will facilitate our future treaties with foreign Courts, who could not before know what kind of government and people they had to treat with. As, in doing this, I have endeavored to further the apparent views of Congress in the first publication, I hope it may be approved, and the expense allowed. I send herewith one of the copies.

Our treaties with Denmark and Portugal remain unfinished, for want of instructions respecting them from Congress, and a commission empowering some Minister or Ministers to conclude them. The Emperor of Morocco, we understand, has expressed a disposition to make a treaty of amity and commerce with the United States. A Mr Montgomery, who is a merchant settled at Alicant, has been, it seems, rather forward in proposing a negotiation, without authority for so doing, and has embarrassed us a little, as may be seen by some letters I enclose.[30] Perhaps it would be well for the Congress to send a message to that Prince, expressing their respect and regard for him, till such time as they may judge it convenient to appoint an Ambassador in form, furnished with proper presents to make a treaty with him. The other Barbary States, too, seem to require consideration, if we propose to carry on any trade in the Mediterranean, but whether the security of that trade is of sufficient importance to be worth purchasing, at the rate of the tributes usually exacted by those piratical States, is a matter of doubt, on which I cannot at present form a judgment.

I shall immediately proceed, in pursuance of the first instruction, to take the proper steps for acquainting his Imperial Majesty of Germany with the dispositions of Congress, having some reason to believe the overture may be acceptable. His Minister here is of late extremely civil to me, and we are on very good terms. I have likewise an intimate friend at that Court.

With respect to other powers, it seems best not to make advances at present, but to meet and encourage them when made, which I shall not fail to do, as I have already done those of Sweden, Denmark, and Portugal. Possibly Hamburg, to whom I have forwarded the letter of Congress, may send a Minister to America if they wish for a treaty to conclude it there. They have no Minister here.

I have lately received a memorial from the Minister of Denmark, respecting a ship of that nation, the Providentia, taken by one of our privateers and carried into Boston. I enclose a copy of it, and request to be furnished with directions and informations for the answer. It may be well to send me a copy of the proceedings in the Courts. From a perusal of the papers communicated with it, I am satisfied that the cargo was clearly British property.

We have hitherto entered into no engagements respecting the armed neutrality, and, in obedience to the fifth instruction, we shall take care to avoid them hereafter. The treaty between this Court and the United States for regulating the powers, privileges, &c. of consuls, is at length completed, and is transcribing in order to be signed. I hope to transmit a copy by the next packet. I have received the Congress ratification of the two money treaties, which will be soon exchanged, when I shall send copies of them with that of Sweden.

I have given, and shall continue to give, Captain Paul Jones all the assistance in my power, towards recovering the prize money; and I hope it may soon be accomplished.

When Mr Jay returns, I shall desire him to make the inquiry directed in the fourth instruction, respecting the expedition under that Commodore, and report thereon to Congress. In the meantime I can answer respecting one of the questions, that the King paid the whole expense, and that no part of it has ever been placed to the account of Congress. There exists indeed a demand of one Puchelberg, a person in the employ of M. Schweighauser, of about thirty-thousand livres, for provisions and other things furnished to Captain Landais, after he took the Alliance out of the hands of Captain Jones; but as the ship was at that time under the King's supply, who having borrowed her for the expedition when fitted for sea, and just ready to sail with Mr Adams, had ordered her to be delivered in the same condition, free of all charges accrued, or accruing, by her being in Holland and in L'Orient, and as M. Puchelberg had not only no orders from me to furnish Captain Landais, but acted contrary to my orders given to M. Schweighauser, and contrary to the orders of M. Schweighauser himself, I refused to pay his account, which besides appeared extravagant, and it has never yet been paid.

I shall do my best in executing the third instruction, respecting our claim upon Denmark. I have written to London to obtain if possible an account of the sums insured upon the ships delivered up, as such an account may be some guide in the valuation of the prizes.

A Captain Williams, formerly in the British service, and employed upon the lakes, has given me a paper containing information of the state of the back country. As those informations may possibly be of some use, I send herewith the paper. Mr Carmichael has sent me the accounts of the money transactions at Madrid. As soon as Mr Jay returns they will be examined.

Be pleased to present my dutiful respects to Congress, and assure them of my most faithful services.

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

B. FRANKLIN.

TO ROBERT MORRIS.

Passy, December 25th, 1783.

Sir,

The remissness of our people in paying taxes is highly blameable, the unwillingness to pay them is still more so. I see in some resolutions of town meetings, a remonstrance against giving Congress a power to take, as they call it, the people's money out of their pockets, though only to pay the interest and principal of debts duly contracted. They seem to mistake the point. Money justly due from the people is their creditor's money, and no longer the money of the people, who if they withhold it should be compelled to pay by some law. All property indeed, except the savage's temporary cabin, his bow, his matchuat, and other little acquisitions absolutely necessary for his subsistence, seems to me to be the creature of public convention. Hence the public has the right of regulating descents, and all other conveyances of property, and even of limiting the quantity and uses of it. All the property that is necessary to a man for the conservation of the individual, and the propagation of the species, is his natural right, which none can justly deprive him of; but all property superfluous to such purposes is the property of the public, who by their laws have created it, and who may therefore by other laws dispose of it whenever the welfare of the public shall desire such disposition. He that does not like civil society on these terms, let him retire and live among the savages. He can have no right to the benefits of society, who will not pay his club towards the support of it.

The Marquis de Lafayette, who loves to be employed in our affairs, and is often very useful, has lately had several conversations with the Ministers and persons concerned in forming new regulations, respecting the commerce between our two countries, which are not yet concluded. I thought it therefore well to communicate to him a copy of your letter, which contains so many sensible and just observations on that subject. He will make a proper use of them, and perhaps they may have more weight, as appearing to come from a Frenchman, than they would have if it were known, that they were the observations of an American. I perfectly agree with you in all the sentiments you have expressed on this occasion.

I am sorry for the public's sake, that you are about to quit your office, but on personal considerations, I shall congratulate you; for I cannot conceive of a more happy man, than he who having been long loaded with public cares finds himself relieved from them, and enjoying private repose in the bosom of his friends and family.

With sincere regard and attachment, I am ever, dear Sir, yours, &c.

B. FRANKLIN.

TO THE PRESIDENT OF CONGRESS.

Passy, December 26th, 1783.

Sir,

If the Congress should think it fit to have a consul for the United States in London, and do not appoint one of our own countrymen to that office, I beg leave to mention the merits of Mr William Hodgson, a merchant of that city, who has always been a zealous friend of America, was a principal promoter of the subscription for the relief of American prisoners, and chairman of the committee for dispensing the money raised by that subscription. He also took the trouble of applying the monies I furnished him with, when the subscription was exhausted, and constantly assisted me in all the negotiations I had with the British Ministers, in their favor, wherein he generally succeeded, being a man of weight and credit, very active, and much esteemed for his probity and integrity. These his services, continued steadily during the whole war, seem to entitle him to the favorable notice of Congress, when any occasion offers of doing him service or pleasure.

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

B. FRANKLIN.

DAVID HARTLEY TO B. FRANKLIN.

London, March 2d, 1784.

My Dear Friend,

Will you be so good as to transmit the enclosed to Mr Jay? I am sorry that we are going to lose him from this side of the Atlantic. If your American ratification should arrive speedily, I might hope to have the pleasure of seeing him again before his departure. As soon as I hear from you of the arrival of your ratification I will immediately apply for the despatch of the British ratification. I wish very much to have the pleasure of conversing with you again. In hopes that that time may come soon, I have nothing further to say at present. Believe me always to be, what you have always known me to have been, a friend of general philanthropy, and particularly your ever, most affectionate

D. HARTLEY.

TO CHARLES THOMPSON.

Passy, March 9th, 1784.

Sir,

I received a few days since a letter from Annapolis, dated June the 5th, in your hand writing, but not signed, acquainting the Commissioners with the causes of delay in sending the ratification of the Definitive Treaty. The term was expired before that letter came to hand, but I hope no difficulty will arise from a failure in a point not essential, and which was occasioned by accidents. I have just received from Mr Hartley a letter on the subject, of which I enclose a copy.

We have had a terrible winter, too, here, such as the oldest men do not remember, and indeed it has been very severe all over Europe.

I have exchanged ratifications with the Ambassador of Sweden, and enclose a copy of that I received from him.

Mr Jay is lately returned from England. Mr Laurens is still there, but proposes departing for America next month, as does also Mr Jay, with his family. Mr Adams is in Holland, where he has been detained by business and bad weather. These absences have occasioned some delays in our business, but not of much importance.

The war long expected between the Turks and Russians is prevented by a treaty, and it is thought an accommodation will likewise take place between them and the Emperor. Everything here continues friendly and favorable to the United States. I am pestered continually with numbers of letters from people in different parts of Europe, who would go to settle in America, but who manifest very extravagant expectations, such as I can by no means encourage, and who appear otherwise to be very improper persons. To save myself trouble, I have just printed some copies of the enclosed little piece, which I purpose to send hereafter in answer to such letters.

Be pleased to present my dutiful respects to Congress, and believe me to be, with sincere esteem, dear Sir, &c.

B. FRANKLIN.

TO THE PRESIDENT OF CONGRESS.

Passy, May 12th, 1784.

Sir,

In my last I acquainted your Excellency, that Mr Hartley was soon expected here to exchange ratifications of the Definitive Treaty. He is now arrived, and proposes to make the exchange this afternoon. I shall then be enabled to send a copy. Enclosed is the new British Proclamation respecting our trade with their Colonies. It is said to be a temporary provision, till Parliament can assemble and make some proper regulating law, or till a commercial treaty shall be framed and agreed to. Mr Hartley expects instructions for planning with us such a treaty. The Ministry are supposed to have been too busy with the new elections, when he left London, to think of those matters.

This Court has not completed its intended new system for the trade of their Colonies, so that I cannot yet give a certain account of the advantages that will in fine be allowed us. At present it is said we are to have two free ports, Tobago and the Mole, and that we may carry lumber and all sorts of provisions to the rest, except flour, which is reserved in favor of Bordeaux, and that we shall be permitted to export coffee, rum, molasses, and some sugar, for our own consumption.

We have had under consideration a commercial treaty proposed to us by the King of Prussia, and have sent it back with our remarks to Mr Adams, who will I suppose transmit it immediately to Congress. Those planned with Denmark and Portugal wait its determination,

Be pleased to present my dutiful respects to the Congress, and believe me to be, with sincere and great esteem, Sir, &c.

B. FRANKLIN.

May 13th. I now enclose a copy of the ratification of the Definitive Treaty, on the part of his Britannic Majesty.

DAVID HARTLEY TO B. FRANKLIN.

Paris, June 1st, 1784.

Sir,

I have the honor to inform you, that I have transmitted to London the ratification on the part of Congress of the Definitive Treaty of peace, between Great Britain and the United States of America, and I am ordered to represent to you, that a want of form appears in the first paragraph of that instrument, wherein the United States are mentioned before his Majesty, contrary to the established custom in every treaty in which a crowned head and a republic are parties. It is likewise to be observed, that the term definitive articles is used instead of definitive treaty, and the conclusion appears likewise deficient, as it is neither signed by the President, nor is it dated, and consequently, is wanting in some of the most essential points of form necessary towards authenticating the validity of the instrument.

I am ordered to propose to you, Sir, that these defects in the ratification should be corrected, which might very easily be done, either by signing a declaration in the name of Congress for preventing the particular mode of expression, so far as it relates to precedency in the first paragraph, being considered as a precedent to be adopted on any future occasion, or else by having a new copy made out in America, in which these mistakes should be corrected, and which might be done without any prejudice arising to either of the parties from the delay.

I am, Sir, with great respect and consideration, &c.

DAVID HARTLEY.

TO DAVID HARTLEY.

Passy, June 2d, 1784.

Sir,

I have considered the observations you did me the honor of communicating to me, concerning certain inaccuracies of expression, and supposed defects of formality, in the instrument of ratification, some of which are said to be of such a nature as to affect the validity of the instrument.

The first is, "that the United States are named before his Majesty, contrary to the established custom observed in every treaty in which a crowned head and a republic are the contracting parties." With respect to this, it seems to me we should distinguish between that act in which both join, to wit, the treaty, and that which is the act of each separately, the ratification. It is necessary, that all the modes of expression in the joint act should be agreed to by both parties, though in their separate acts each party is master of, and alone unaccountable for its own mode. And, on inspecting the treaty, it will be found that his Majesty is always regularly named before the United States. Thus, "the established custom in treaties between crowned heads and republics," contended for on your part, is strictly observed; and the ratification following the treaty contains these words. "Now know ye, that we, the United States in Congress assembled, having seen and considered the definitive articles aforesaid, have approved, ratified, and confirmed, and by these presents do approve, ratify, and confirm the said articles, AND EVERY PART AND CLAUSE THEREOF," &c. Hereby all those articles, parts, and clauses, wherein the King is named before the United States, are approved, ratified, and confirmed, and this solemnly under the signature of the President of Congress, with the public seal affixed by their order, and countersigned by their Secretary.

No declaration on the subject more determinate or more authentic can possibly be made or given, which, when considered, may probably induce his Majesty's Ministers to waive the proposition of our signing a similar declaration, or of sending back the ratification to be corrected in this point, neither appearing to be really necessary. I will, however, if it be still desired, transmit to Congress the observation, and the difficulty occasioned by it, and request their orders upon it. In the meantime I may venture to say, that I am confident there was no intention of affronting his Majesty by their order of nomination, but that it resulted merely from that sort of complaisance, which every nation seems to have for itself, and of that respect for its own government, customarily so expressed in its own acts, of which the English among the rest afford an instance, when in the title of the King they always name Great Britain before France.

The second objection is, "that the term definitive articles is used instead of definitive treaty" If the words definitive treaty had been used in the ratification instead of definitive articles, it might have been more correct, though the difference seems not great nor of much importance, as in the treaty itself it is called the present Definitive Treaty.

The other objections are, "that the conclusion likewise appears deficient, as if is neither signed by the President, nor is it dated, and consequently is wanting in some of the most essential points of form necessary towards authenticating the validity of the instrument." The situation of seals and signatures, in public instruments, differs in different countries, though all equally valid; for when all the parts of an instrument are connected by a ribband, whose ends are secured under the impression of the seal, the signature and seal wherever placed are understood as relating to and authenticating the whole. Our usage is, to place them both together in the broad margin near the beginning of the piece, and so they stand in the present ratification, the concluding words of which declare the intention of such signing and sealing to be giving authenticity to the whole instrument, viz. "In testimony whereof, We have caused the seal of the United States to be hereunto affixed; Witness his Excellency Thomas Mifflin, Esquire, President;" and the date supposed to be omitted, perhaps from its not appearing in figures, is nevertheless to be found written in words at length, viz. "this fourteenth day of January, in the year of our Lord one thousand seven hundred eightyfour," which made the figures unnecessary.

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

B. FRANKLIN.

TO THE PRESIDENT OF CONGRESS.

Passy, June 16th, 1784.

Sir,

My letter by Mr Jay acquainted your Excellency, that the ratifications of the Definitive Treaty were exchanged. A copy of the British part was also sent by him.

Mr Hartley remained here expecting instructions to treat with us on the subject of commerce. The bustle attending a new election and meeting of Parliament, he imagined might occasion the long delay of those instructions. He now thinks that the affair of the American trade, being under the consideration of Parliament, it is probable no treaty will be proposed till the result is known. Mr Jay, who sailed for America the first instant from Dover, and who saw there several of our friends from London before his departure, and Mr Laurens who left London the 6th to go on in the Falmouth packet, will be able to give you more perfect informations than I can, of what may be expected as the determination of the British government respecting our intercourse with their Islands; and, therefore, I omit my conjectures, only mentioning, that from various circumstances there seems to be some lurking remains of ill humor there, and of resentment against us, which only wants a favorable opportunity to manifest itself.

This makes it more necessary for us to be upon our guard, and prepared for events, that a change in the affairs of Europe may produce; its tranquillity depending, perhaps, on the life of one man, and it being impossible to foresee in what situation a new arrangement of its various interests may place us. Ours will be respected in proportion to the apparent solidity of our government, the support of our credit, the maintenance of a good understanding with our friends, and our readiness for defence. All which I persuade myself will be taken care of.

Enclosed I send a copy of a letter from Mr Hartley to me, respecting some supposed defects in the ratification, together with my answer, which he has transmitted to London. The objections appeared to me trivial and absurd, but I thought it prudent to treat them with as much decency as I could, lest the ill temper should be augmented, which might be particularly inconvenient, while the commerce was under consideration. There has not yet been time for Mr Hartley to hear whether my answer has been satisfactory, or whether the Ministers will still insist on my sending for an amended copy from America, as they proposed.

I do not perceive the least diminution in the good disposition of this Court towards us, and I hope care will be taken to preserve it.

The Marquis de Lafayette, who will have the honor of delivering this to you, has, ever since his arrival in Europe, been very industrious in his endeavors to serve us and promote our interests, and has been of great use on several occasions. I should wish the Congress might think fit to express in some proper manner their sense of his merit.

My malady prevents my going to Versailles, as I cannot bear a carriage upon pavement, but my grandson goes regularly on Court days to supply my place, and is well received there. The last letters I have had the honor of receiving from you, are of the 14th of January.

With great respect, I am, Sir, &c.

B. FRANKLIN.

CONSULAR CONVENTION.

Convention between His Most Christian Majesty and the Thirteen United States of North America, for the purpose of determining and fixing the functions and prerogatives of their respective consuls, vice consuls, agents, and commissaries.

His Majesty, The Most Christian King, and the Thirteen United States of North America, having, by the 29th article of the Treaty of Amity and Commerce concluded between them, mutually granted the liberty of having in their respective States and ports, consuls, vice consuls, agents, and commissaries, and being willing in consequence thereof, to determine and fix in a reciprocal and permanent manner the functions and prerogatives of the said consuls, vice consuls, agents, and commissaries, His Most Christian Majesty has nominated the Sieur Charles Gravier, Count of Vergennes, Baron of Welfording, &c. Counsellor of the King in all his Councils, Commander of his Orders, Head of the Royal Council of Finances, Counsellor of the State of the Sword, Minister and Secretary of State, and of his Commands and Finances; and the United States, Mr Benjamin Franklin, their Minister Plenipotentiary to His Most Christian Majesty, who, after having communicated to each other their respective full powers, agreed upon what follows.

ARTICLE I.

The consuls and vice consuls, nominated by His Most Christian Majesty and the United States, shall be bound to present their commissions on their arrival in their respective States, according to the form which shall be there established. There shall be delivered to them without any charges the Exequatur necessary for the exercise of their functions; and, on the exhibition they shall make of the said Exequatur, the governors, commanders, heads of justice, public bodies, tribunals, and other officers, having authority in the ports and places of their consulates, shall cause them to enjoy, as soon as possible, and without difficulty, the pre-eminences, authority, and privileges, reciprocally granted, without exacting from said consuls and vice consuls, any duty under any pretext whatever.

ARTICLE II.

The respective consuls shall have power to establish vice consuls in the different ports and places of their departments, where necessity shall require. There shall be delivered to them likewise the Exequatur necessary to the exercise of their functions, in the form pointed out in the preceding article, and on the exhibition, which they shall make of the said Exequatur, they shall be admitted and acknowledged in the terms and according to the powers, authority, and privileges, stipulated by the 1st, 4th and 5th articles of the present convention.

ARTICLE III.

The respective consuls and vice consuls may establish agents in the different ports and places of their departments, where necessity shall require; these agents may be chosen among the merchants, either national or foreign, and furnished with a commission from one of the said consuls. It shall be their business, respectively, to render to their respective merchants, navigators, and vessels, all possible service, and to inform the nearest consul or vice consul of the wants of the said merchants, navigators, and vessels, without the said agents otherwise participating in the immunities, rights, and privileges, attributed to the consuls and vice consuls, and without power to exact from the said merchants any duty or emolument whatever, under any pretext whatever.

ARTICLE IV.

The consuls and vice consuls, officers of the consulate, and in general, all persons attached to the consular functions, shall enjoy respectively a full and entire immunity for their persons, their papers, and their houses. The list of the said persons shall be approved and inspected by the executive power of the place of their residence.

They shall be exempt from all personal service and public offices, from soldier's billets, militia, watch guard, guardianship and trusteeship, as well as from all duties, taxes, impositions, and charges whatsoever, except the real estates of which they may be proprietors, which shall be subject to the taxes imposed on the estates of all other individuals.

They shall place over the outward door of their house the arms of their sovereign, without this mark of distinction giving to the said house the right of asylum for any malefactor or criminal, so that in case it should happen that any malefactor or criminal take refuge there, he shall be instantly delivered up on the first requisition, and without difficulty.

ARTICLE V.

Generally, in all cases whatever, which concern the police or administration of justice, where it may be necessary to have a juridical declaration from the said consuls and vice consuls respectively, the governors, commandants, chief justice, public bodies, tribunals, or other officers whatever of their respective residence there, having authority, shall be bound to inform them of it, by writing to them, or sending to them a military or civil officer to let them know, either the object which is proposed, or the necessity there is for going to them to demand from them this declaration, and the said consuls end vice consuls shall be bound on their part to comply faithfully with what shall be desired of them on these occasions.

ARTICLE VI.

The consuls and vice consuls respectively may establish a chancery, where shall be deposited the consular acts and deliberations, all effects left by deceased persons, or saved from shipwreck, as well as testaments, obligations, contracts, and, in general, all the acts and proceedings done between, or by, persons of their nations.

They may, in consequence, appoint for the business of the said chancery capable persons, receive them, administer an oath to them, give to them the keeping of the seal, and the right of seal, commissions, judgments, and other acts of the consulate, as well as there to discharge the functions of notaries and registers.

ARTICLE VII.

The consuls and vice consuls respectively shall have the exclusive right of receiving in their chancery, or on board of vessels, the declarations and all other acts, which the captains, masters, seamen, passengers, and merchants of their nation would make there, even their testaments and other dispositions of last will, and the copies of the said acts duly authenticated by the said consuls, or vice consuls, and under the seal of their consulate shall receive faith in law in all the tribunals of France and the United States.

They shall have also, and exclusively, the right to inventory, liquidate, and proceed to the sale of the moveable effects of the estates left by subjects of their nation who shall die within the extent of the consulate. They shall proceed therein with the assistance of two merchants of their said nation, of their own choosing, and shall deposit in their chancery the effects and papers of the said estates, and no officer, military or civil, or of the police of the country, shall trouble them or interfere therein, in any manner whatsoever; but the said consuls and vice consuls shall not deliver up the same and their product to the lawful heirs, or their attornies, until they shall have discharged all the debts, which the deceased shall have contracted in the country, by judgment, by acts, or by notes, the writing and signing of which shall be known and certified by two principal merchants of the nation of the said deceased, and in all other cases the payment of debts cannot be ordered but on the creditor's giving sufficient and local security to repay the sums unduly received, principal, interest, and costs, which securities, however, shall remain duly discharged after a year in time of peace, and two years in time of war, if the demand in discharge cannot be formed before these delays, against the heirs who shall present themselves.

ARTICLE VIII.

The respective consuls and vice consuls shall receive the declarations, "consulats," and other consular acts from all captains and masters of their respective nations on account of average losses sustained at sea by leakage, or throwing merchandises overboard, and these captains and masters shall leave in the chancery of the said consuls and vice consuls, the "consulats," and other consular acts, which they may have had made in other ports on account of the accidents, that may have happened to them on their voyage. If a subject of His Most Christian Majesty and a citizen of the United States are interested in the said cargo, the average shall be fixed by the tribunals of the country, and not by the consuls or vice consuls; and the tribunals shall admit the acts and declarations; if any should have been passed before the said consuls and vice consuls; but when only the subjects of their own nation, or foreigners, shall be interested, the respective consuls or vice consuls, and in case of their absence or distance, their agents furnished with their commission, shall officially nominate skilful persons of their said nation to regulate the damages and averages.

ARTICLE IX.

In case, by storms or other accidents, French ships or vessels shall run ashore on the coasts of the United States, or the ships and vessels of the United States shall run ashore on the coasts of France, the consul or vice consul nearest to the place of shipwreck shall do whatever he may judge proper, as well for the purpose of saving the said ship or vessel, its cargo and appurtenances, as for the storing and security of the effects and merchandise saved. He may take an inventory, without any officers military, of the custom house, justices, or the police of the country interfering, otherwise than to facilitate to the consuls, vice consuls, captain and crew of the vessel shipwrecked, or run ashore, all the assistance and favor, which they shall ask, either for the celerity and security of the salvage and effects saved, or to prevent all disturbances.

To prevent even any kind of dispute and discussion in the said cases of shipwreck, it has been agreed that where no consul or vice consul shall be found to attend to the salvage, or that the residence of the said consul or vice consul, (he not being at the place of shipwreck) shall be further distant from the said place than that of the competent territorial judge, the latter shall immediately there proceed therein with all the celerity, safety, and precautions prescribed by the respective laws; but the said territorial judge shall retire on the coming of the consul or vice consul, and shall resign to him the procedures by him done, the expenses of which the consul or vice consul shall cause to be reimbursed to him.

The merchandise and effects saved shall be deposited in the custom house, or other nearest place of safety, with the inventory of them, which shall be made by the consul or vice consul, or in their absence by the judge who shall have had cognizance thereof, and the said merchandises and effects shall be afterwards delivered, after levying therefrom the costs, and without form of process to the proprietors, who being furnished with a replevy from the nearest consul or vice consul, shall reclaim them by themselves, or their attornies, either for the purpose of re-exporting the merchandises, and in that case they shall pay no kind of duties of exportation, or for the purpose of selling them in the country if they are not prohibited; and in this latter case, the said merchandises being averaged, there shall be granted them an abatement of the entrance duties proportioned to the damages sustained, which shall be ascertained by the verbal process formed at the time of the shipwreck, or of the vessels running ashore.

ARTICLE X.

The consuls and vice consuls shall have, on board of the vessels of their respective nations, full power and jurisdiction in matters civil. They shall cause to be executed the respective laws, ordinances, and rules concerning navigation, on board the said vessels, and for this purpose, they shall go there without being interrupted by any officer or other person whatsoever.

They may cause to be arrested every vessel carrying the flag of their respective nation. They may sequester them, and even send them back respectively, from the United States to France, or from France to the United States. They may cause to be arrested without difficulty, every captain, master, sailor, or passenger of their said respective nation.

They may cause to be arrested or detained in the country the sailors and deserters of their respective nations, or send them back, or transport them out of the country.

It shall be sufficient proof, that the sailors and deserters belong to one of the respective nations, that their names be written in the ships' registers, or inserted in the roll of the crew.

One and the other of these proofs concerning sailors and deserters being thus given, no tribunals, judges, and officers whatsoever shall in any manner whatever take cognizance of the complaints, which the said sailors and deserters may make, but they shall, on the contrary, be delivered up on an order signed by the consul, or vice consul, without its being in any one's power in any manner to detain, engage, or withdraw them. And to attain to the complete execution of the arrangements contained in this article, all persons having authority shall be bound to assist the said consuls or vice consuls, and, on a simple requisition signed by them, they shall cause to be detained and guarded in prison at the disposal and expense of the said consuls and vice consuls the said sailors and deserters, until they shall have an opportunity to send them out of the country.

ARTICLE XI.

In cases where the respective subjects shall have committed any crime, they shall be amenable to the judges of the country.

ARTICLE XII.

All differences and suits between the subjects of His Most Christian Majesty settled in the United States, or between the citizens and subjects of the United States settled in France, and all differences and suits concerning commerce between the subjects of His Most Christian Majesty, and one of the parties residing in France or elsewhere, and the other in the United States, or between the citizens and subjects of the United States, one of the parties residing in the United States, or elsewhere, and the other in France, shall be determined by the respective consuls, either by a reference to arbitration, or by a summary judgment, and without costs.

No officer, civil or military, shall interfere or take any part whatever in the affair. Appeals shall be carried before the tribunals of France, or the United States, to whom it may appertain to take cognizance thereof. The consuls or vice consuls shall not take cognizance of disputes or differences, which shall arise betwixt a subject of His Most Christian Majesty and a citizen of the United States. But the said disputes shall be brought before the tribunals, to which the defendant shall be amenable.

ARTICLE XIII.

The general utility of commerce having caused to be established in France tribunals and particular forms to accelerate the decision of commercial affairs, the merchants of the United States shall enjoy the benefit of these establishments in France, and the Congress of the United States shall recommend to the Legislatures of the different States to provide equivalent advantages, in favor of the French merchants, for the prompt despatch and decision of affairs of the same nature.

ARTICLE XIV.

The subjects of His Most Christian Majesty and those of the United States, who shall prove that they belong to the body of the respective nations, by the certificate of the consul or vice consul of the district, mentioning their names, surnames, and place of their settlement, as inscribed in the register of the consulate, shall not lose, for any cause whatever in the respective domains and States, the quality of subjects of the country of which they originally were, conformably to the eleventh article of the treaty of amity and commerce, of the 6th of February, 1778, of which the present article shall serve as an interpretation in case of necessity, and the said subjects respectively shall enjoy in consequence exemption from all personal service in the place of their settlement.

ARTICLE XV.

If any other nation acquires, by virtue of any convention whatever, either in France or in the United States, a treatment more favorable with respect to the consular pre-eminences, powers, authority, and privileges, the consuls, vice consuls, and agents of His Most Christian Majesty, or the United States, reciprocally shall participate therein, agreeably to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce, concluded between His Most Christian Majesty and the United States.

ARTICLE XVI.

The ratification of the present convention shall be given in proper form and exchanged on both sides, within the space of six months, or sooner if possible.

In faith whereof, we, the underwritten, Ministers Plenipotentiaries of His Most Christian Majesty, and the United States of North America, have signed the present convention, and have thereto affixed the seal of our arms.

Done at Versailles, the 29th of July, one thousand seven hundred and eightyfour.

GRAVIER DE VERGENNES. B. FRANKLIN.

TO COUNT DE MERCY ARGENTEAU.

Passy, July 30th, 1784.

Sir,

I have the honor to communicate to your Excellency an extract from the instructions of Congress to their late Commissioners for treating of peace, expressing their desire to cultivate the friendship of his Imperial Majesty, and to enter into a treaty of commerce for the mutual advantage of his subjects and the citizens of the United States, which I request you will be pleased to lay before his Majesty. The appointing and instructing Commissioners for treaties of commerce with the powers of Europe generally has, by various circumstances, been long delayed, but is now done, and I have just received advice, that Mr Jefferson, late Governor of Virginia, commissioned with Mr Adams, our Minister in Holland, and myself, for that service, is on his way hither, and may be expected by the end of August, when we shall be ready to enter into a treaty with his Imperial Majesty for the above purpose, if such should be his pleasure.

With great and sincere respect, &c.

B. FRANKLIN.

COUNT DE MERCY ARGENTEAU TO B. FRANKLIN.

Translation.

Paris, July 30th, 1784.

Dear Friend,

I received your kind letter of August 13th, with the papers annexed, relative to the affair of Longchamps. I hope satisfaction will be given to M. Marbois. The Commissioners have written a joint letter to Congress. This serves to cover a few papers relative to matters with which I was particularly charged in the instructions. I shall write to you fully by the next opportunity, having now only time to add, that I am, as ever,

Yours most affectionately,

B. FRANKLIN.

P. S. I executed the instructions of October 29th, 1783, as soon as I knew the commissions for treating with the Emperor, &c. were issued, which was not till July, 1784. The three letters between the Emperor's Minister and me are what passed on that occasion.

B. F.

TO THE PRESIDENT OF CONGRESS.

B. FRANKLIN.

M. DE CASTRIES TO B. FRANKLIN.

Translation.

Versailles, July 10th, 1785.

Sir,

I was not apprized, until within a few hours, of the arrangements which you have made for your departure. Had I been informed of it sooner, I should have proposed to the King to order a frigate to convey you to your own country, in a manner suitable to the known importance of the services you have been engaged in, to the esteem you have acquired in France, and the particular esteem which his Majesty entertains for you.

I pray you, Sir, to accept my regrets, and a renewed assurance of the most entire consideration, with which I have the honor to be, Sir, your very humble and very obedient servant,

DE CASTRIES.

TO JOHN JAY, SECRETARY OF FOREIGN AFFAIRS.

Philadelphia, September 19th, 1785.

Sir,

I have the honor to acquaint you, that I left Paris the 12th of July, and, agreeable to the permission of Congress, am returned to my own country. Mr Jefferson had recovered his health, and was much esteemed and respected there. Our joint letters have already informed you of our late proceedings, to which I have nothing to add, except that the last act I did, as Minister Plenipotentiary for making treaties, was to sign with him, two days before I came away, the treaty of friendship and commerce that had been agreed on with Prussia,[31] and which was to be carried to the Hague, by Mr Short, there to be signed by Baron Thulemeyer on the part of the King, who, without the least hesitation, had approved and conceded to the new humane articles proposed by Congress. Mr Short was also to call at London for the signature of Mr Adams, who I learnt, when at Southampton, was well received at the British Court.

The Captain Lamb, who, in a letter of yours to Mr Adams, was said to be coming to us with instructions respecting Morocco, had not appeared, nor had we heard anything of him; so nothing had been done by us in that treaty.

I left the Court of France in the same friendly disposition towards the United States, that we have all along experienced, though concerned to find that our credit is not better supported in the payment of the interest money due on our loans, which, in case of another war, must be, they think, extremely prejudicial to us, and indeed may contribute to draw on a war the sooner, by affording our enemies the encouraging confidence, that those who take so little care to pay, will not again find it easy to borrow. I received from the King, at my departure, the present of his picture set round with diamonds, usually given to Ministers Plenipotentiary, who have signed any treaties with that Court; and it is at the disposition of Congress, to whom be pleased to present my dutiful respects.

I am, with great esteem and regard, &c.

B FRANKLIN.

P. S. Not caring to trust them to a common conveyance, I send by my late Secretary, who will have the honor of delivering them to you, all the original treaties I have been concerned in negotiating, that were completed. Those with Portugal and Denmark continue in suspense.

B. F.

TO MR GRAND, BANKER AT PARIS.

Philadelphia, July 11th, 1786.

Paris, September 12th, 1786.

Sir,

I hazard a letter in hopes it may be able to join that of the 9th at L'Orient, in order to forward to you the answer I have just received from M. Durival. You will there see, that notwithstanding my entreaty, the Minister himself refuses to give me a copy of the receipt which I asked for. I cannot conceive the reason for this reserve, more especially since, if there has been a million paid, he who has received it has kept the account, and it must in time be known. I shall hear with pleasure, that you have been more fortunate in this respect in America than I have been in France; and I repeat to you the assurance of the sentiments of regard, with which I have the honor to be, &c.

GRAND.

TO CHARLES THOMPSON.

Philadelphia, January 27th, 1787.

Dear Friend,

You may remember, that in the correspondence between us in June last, on the subject of a million free gift of the King of France, acknowledged in our contract to have been received, but which did not appear to be accounted for in our banker's accounts, unless it should be the same with the million said to be received from the Farmers-General, I mentioned, that an explanation might doubtless be easily obtained by writing to Mr Grand, or Mr Jefferson. I know not whether you have accordingly written to either of them, but being desirous that the matter should speedily be cleared up, I wrote myself to Mr Grand a letter upon it, of which I now enclose a copy, with his answers, and several letters from M. Durival,[32] who is Chef du Bureau des Fonds (and has under his care the finance) des Affaires Etrangeres.

You will see by these letters, that the million in question was delivered to somebody, on the 10th of June, 1776, but it does not appear to whom. It is clear, however, that it could not be to Mr Grand, nor to the Commissioners from Congress, for we did not meet in France till the end of December, 1776, or beginning of January, 1777, and that banker was not charged before with our affairs.

By the Minister's reserve in refusing him a copy of the receipt, I conjecture it must be money advanced for our use, to M. de Beaumarchais, and that it is a Mystère du Cabinet, which perhaps should not be further inquired into, unless necessary to guard against more demands than may be just from that agent; for it may well be supposed, that if the Court furnished him with the means of supplying us, they may not be willing to furnish authentic proofs of such a transaction, so early in our dispute with Britain. Pray tell me, has he dropped his demands, or does he still continue to worry you with them?

I should like to have these original letters returned to me, but you may if you please keep copies of them. It is true the million in question makes no difference in your accounts with the King of France, it not being mentioned or charged, as so much lent and to be repaid, but stated as freely given. Yet, if it was put into the hands of any of your agents, or ministers, they ought certainly to account for it. I do not recollect whether Mr Deane had arrived in France before the 10th of June, 1776;[33] but from his great want of money, when I joined him a few months after, I hardly think it could have been paid to him. Possibly Mr Jefferson may obtain the information, though Mr Grand could not, and I wish he may be directed to make the inquiry, as I know he would do it directly; I mean if, by Hortalez and Co's further demands, or for any other reason, such an inquiry should be thought necessary.[34]

I am, &c.

B. FRANKLIN.

TO THE PRESIDENT OF CONGRESS.

Philadelphia, November 29th, 1788.

Sir,

When I had the honor of being the Minister of the United States at the Court of France, Mr Barclay arriving there, brought me the following resolution of Congress.

"Resolved, that a commissioner be appointed by Congress, with full power and authority to liquidate, and finally to settle, the accounts of all the servants of the United States, who have been intrusted with the expenditure of public money in Europe, and to commence and prosecute such suits, causes, and actions, as may be necessary for that purpose, or for the recovery of any property of the said United States in the hands of any person, or persons, whatsoever.

"That the said commissioner be authorised to appoint one or more clerks, with such allowance as he may think reasonable.

"That the said commissioner and clerks, respectively, take an oath before some person duly authorised to administer an oath, faithfully to execute the trust reposed in them respectively.

"Congress proceeded to the election of a commissioner, and ballots being taken, Mr T. Barclay was elected."

In pursuance of this resolution, and as soon as Mr Barclay was at leisure from more pressing business, I rendered to him all my accounts, which he examined, and stated methodically. By his statement he found a balance due me on the 4th of May, 1785, of 7,533 livres, 19 sols, 3 den. which I accordingly received of the Congress banker; the difference between my statement and his being only seven sols, which by mistake I had overcharged; about three pence halfpenny sterling.

At my request, however, the accounts were left open for the consideration of Congress, and not finally settled, there being some articles on which I desired their judgment, and having some equitable demands, as I thought them, for extra services, which he had not conceived himself empowered to allow, and therefore I did not put them in my account. He transmitted the accounts to Congress, and had advice of their being received. On my arrival at Philadelphia, one of the first things I did was to despatch my grandson, William T. Franklin, to New York, to obtain a final settlement of those accounts; he having long acted as my secretary, and being well acquainted with the transactions, was able to give an explanation of the articles, that might seem to require explaining, if any such there were. He returned without effecting the settlement, being told that it could not be made till the arrival of some documents expected from France. What those documents were, I have not been informed, nor can I readily conceive, as all the vouchers existing there had been examined by Mr Barclay. And I, having been immediately after my arrival engaged in the public business of this State, waited in expectation of hearing from Congress, in case any part of my accounts had been objected to.

It is now more than three years that those accounts have been before that honorable body, and, to this day, no notice of any such objection has been communicated to me. But reports have, for some time past, been circulated here, and propagated in the newspapers, that I am greatly indebted to the United States for large sums, that had been put into my hands, and that I avoid a settlement. This, together with the little time one of my age may expect to live, makes it necessary for me to request earnestly, which I hereby do, that the Congress would be pleased, without further delay, to examine those accounts, and if they find therein any article or articles, which they do not understand or approve, that they would cause me to be acquainted with the same, that I may have an opportunity of offering such explanations or reasons in support of them as may be in my power, and then that the accounts may be finally closed.

I hope the Congress will soon be able to attend to this business for the satisfaction of the public, as well as in condescension to my request. In the meantime, if there be no impropriety in it, I would desire that this letter, together with another[35] relating to the same subject, the copy of which is hereto annexed, may be put upon their minutes.

With every sentiment of respect and duty to Congress, I am, Sir, &c.

B. FRANKLIN.

Notes in this chapter

Note 1 · The letters from G. F. Crocco, see pp. 135 and 176.Note 2 · See this Treaty at large in the public Journals of Congress, Vol. IV. p. 639.Note 3 · See these letters, pp. 223, 224, 225.Note 4 · Deane did not arrive in Paris till the first week in July.Note 5 · This matter was not cleared up till 1794, when Gouverneur Morris was American Minister in Paris. By application to the government he procure Note 6 · A letter to Mr Barclay, written in France, see p. 218.