Passy, June 12th, 1783.
Sir,
I wrote to you fully by a vessel from Nantes, which I hope will reach you before this. If not, this may inform you that the ratification of the treaty with Sweden is come, and ready to be exchanged when I shall receive that from Congress; that the treaty with Denmark is going on, and will probably, be ready before the commission for signing it arrives from Congress. It is on the plan of that proposed by Congress for Sweden.
Portugal has likewise proposed to treat with us, and the Ambassador has earnestly urged me to give him a plan for the consideration of his Court, which I have accordingly done, and he has forwarded it. The Congress will send commissions and instructions for concluding these treaties to whom they may think proper; it is only upon the old authority, given, by a resolution, to myself with Messrs Deane and Lee, to treat with any European powers, that I have ventured to begin these treaties in consequence of overtures from those Crowns.
The definitive treaty with England is not yet concluded, their Ministry being unsettled in their minds as to the terms of the commercial part; nor is any other definitive treaty yet completed here, nor even the preliminaries signed of one between England and Holland. It is now five months since we have had a line from you, the last being dated the 13th of January; of course we know nothing of the reception of the preliminary articles, or the opinion of Congress respecting them. We hoped to receive before this time such instructions as might have been thought proper to be sent to us for rendering more perfect the definitive treaty. We know nothing of what has been approved or disapproved. We are totally in the dark, and therefore, less pressing to conclude, being still (as we have long been) in daily expectation of hearing from you. By chance only, we learn that Barney is arrived, by whom went the despatches of the Commissioners, and a considerable sum of money. No acknowledgment of the receipt of that money is yet come to hand, either to me or M. Gerard. I make no doubt that both you and Mr Morris have written, and cannot imagine what has become of your letters.
With great esteem, &c.
B. FRANKLIN.
P. S. I beg leave to recommend to your civilities the bearer of this, Dr Bancroft, whom you will find a very intelligent, sensible man, well acquainted with the state of affairs here, and who has heretofore been employed in the service of Congress. I have long known him, and esteem him highly.
B. F.
Paris, June 13th, 1783.
Sir,
I have just received his Majesty's ratification of the treaty of commerce concluded with the United States, which I will have the honor to send you as soon as it can be exchanged for the one from Congress.
Permit me, Sir, on this occasion to repeat the request which the Ambassador has made you respecting Mr Franklin, your grandson. He had the honor to tell you, that it would afford the King a pleasure to have a person residing with him, in the capacity of the Minister of Congress, who bears your name in conjunction with such estimable qualifications as young Mr Franklin possesses. He charged me before he departed, to repeat to you the same assurances, and you will allow me to add, on my part, my best wishes for the success of this matter.
I have the honor to be, &c.
LE BARON DE STAEL.
Malta, June 21st, 1783.
Sir,
I received with the most lively sensibility the medal, which your Excellency sent me, and the value I set upon this acquisition leaves my gratitude unbounded. This monument of American liberty has a distinguished place in my cabinet.
Whenever chance or commerce shall lead any of your fellow citizens or their vessels into the ports of my Island, I shall receive them with the greatest welcome. They shall experience from me every assistance they may claim, and I shall observe with infinite pleasure any growing connexion between that interesting nation and my subjects, especially if it will tend to convince your Excellency of the distinguished sentiments with which I am, Sir, &c.
The Grand Master,
ROHAN.
Passy, July 6th, 1783.
Dear Sir,
We have been honored with several of your letters, and we have talked of writing to you, but it has been delayed. I will therefore write a few lines in my private capacity.
Our negotiations go on slowly, every proposition being sent to England, and answers not returning very speedily.
Captain Barney arrived here last Wednesday, and brought despatches for us as late as the first of June. The preliminary articles are ratified. But General Carleton, in violation of those articles, has sent away a great number of negroes, alleging, that freedom having been promised them by a proclamation, the honor of the nation was concerned, &c. Probably another reason may be, that if they had been restored to their masters, Britain could not have hoped anything from such another proclamation hereafter.
Mr Hartley called yesterday to tell us, that he had received a letter from Mr Fox, assuring him that our suspicions of affected delays or change of system on their side were groundless; and that they were sincerely desirous to finish as soon as possible. If this be so, and your health will permit the journey, I could wish your return as soon as possible. I want you here on many accounts, and should be glad of your assistance in considering and answering our public letters. There are matters in them of which I cannot conveniently give you an account at present.
Nothing could be more seasonable than success in the project you proposed, but we have now very little expectation.
Please to give my love to your valuable and amiable son and daughter, and believe me, with sincere esteem, &c.
B. FRANKLIN.
Copenhagen, July 8th, 1783.
Sir,
It was with the greatest alacrity, that I laid before his Majesty the letter you did me the honor to write to me, as also the project of a treaty of amity and commerce that accompanied it. The King observed, with the greatest satisfaction, the assurances contained in that letter, of the good disposition of Congress to form connexions of amity and commerce with his kingdoms, such connexions being equally conformable to the interests of the two States, and to his Majesty's sincere desire to cement, by every possible means, that harmony, union, and confidence, which he wishes to establish forever between his Crown and the United States.
The enclosed Counter Project differs in nothing essential from the project sent by you, being drawn up entirely conformable to the same principles, which you will be certainly convinced of, Sir, by the note explaining the reasons for adding some articles, and only giving a different turn to others, so that I flatter myself, that I shall soon hear that you are perfectly satisfied with them, having observed the most perfect reciprocity carefully established throughout.
As to the object mentioned in the letter with which you have honored me, you already know, Sir, his Majesty's generous intentions towards the individuals in question, and his Majesty is the more induced to avail himself of the first opportunity to manifest these intentions, as he thinks he may reasonably hope that Congress will also consider them as a distinguished proof of his friendship and esteem for that respectable body.
There remains nothing further for me to add, but that the King will adopt with great pleasure the most proper means to accelerate the conclusion of the treaty, which we have begun. For myself, it will be the most agreeable part of my office, Sir, to assist in perfecting such happy connexions with a minister of such universal reputation as yourself; and it is with sentiments of the most distinguished regard, that I have the honor to be &c.
ROSENCRONE.
Counter Project of a Treaty with Denmark.
Counter Project of a Treaty of Amity and Commerce between his Majesty, the King of Denmark and Norway, and the United States of America.
His Majesty, the King of Denmark and Norway, and the United States of America, wishing to fix in an equitable and permanent manner the regulations necessary in the commerce, which they are desirous to establish between their respective countries, conceive that they cannot accomplish this object better, than by taking as the basis for their conventions, the most perfect equality and reciprocity, leaving to each party the liberty of making such interior regulations, with respect to commerce and navigation, as shall appear suitable, and founding the advantages of commerce on reciprocal utility, and the just laws of free competition. It is in consequence of these principles, and of mature deliberation, that the contracting parties have agreed upon the following articles.
There shall be a firm, inviolable, and universal peace, and a true and sincere friendship, between his Majesty, the King of Denmark and Norway, his heirs and successors, on the one part, and the United States of America on the other, and between the citizens and subjects of the said powers, and likewise between the countries, islands, cities, and places situated within their respective jurisdictions, and the people and inhabitants thereof, of whatever rank or condition they may be, without exception of persons or places.
The subjects of his Majesty, the King of Denmark and Norway, may frequent the countries and latitudes of the United States, reside and traffic there in all kinds of merchandise and effects, the importation or exportation whereof is not, or shall not be prohibited, and in all places where the navigation or commerce are not, or shall not be reserved solely for the citizens and inhabitants of the United States; and they shall not pay in the ports, harbors, roads, countries, islands, cities, and places of the United States, other or greater duties or imposts of any kind or denomination whatever, than such as the most favored nations pay, or shall pay. They shall, moreover, enjoy all the rights, liberties, privileges, and exemptions, with respect to trade, navigation, and commerce, which the most favored nations do or shall enjoy, and they shall also conform to the laws and ordinances, which the said nations are, or shall be bound to observe, whether in passing from one port to another of the dominions of the said States, or in returning from any part, or to any part of the world whatever.
In like manner, the citizens and inhabitants of the United States of America may frequent the States of his Majesty, the King of Denmark and Norway, reside and traffic there in all kinds of merchandise and effects, the importation or exportation whereof is not, or shall not be prohibited, and in all places where the navigation and commerce are not, or shall not be reserved solely to his Danish Majesty's subjects, and they shall not pay in the ports, harbors, roads, countries, islands, cities, and places belonging to his said Majesty, other or greater duties and imposts of any kind or denomination whatever, than such as the most favored nations do, or shall pay. They shall, moreover, enjoy all the rights, liberties, privileges, and exemptions, which the most favored nations do, or shall enjoy, and they shall also conform to the laws and ordinances which the said nations are, or shall be bound to observe, whether in passing from one port to another of his Danish Majesty's dominions, or in going to, or returning from any part of the world whatever. And the United States of America, with their subjects and inhabitants, shall allow his Danish Majesty's subjects peaceably to enjoy their rights in the countries, islands, establishments, and seas, in the East and West Indies, without molestation or opposition.
His Majesty, the King of Denmark and Norway, shall use every means in his power to protect and defend all the vessels and effects belonging to the citizens or inhabitants of the said United States of America, as shall be in his ports, harbors, or roads, or in the vicinity of his territories, countries, islands, cities, and places, as far as his jurisdiction extends, as to the sea, and shall use his efforts to recover and cause to be restored to the lawful proprietors, the vessels and effects which shall be taken from them within the extent of his said jurisdiction, and his ships of war, or any other convoys whatever, sailing under his authority, shall, on all occasions where there may be a common enemy, take under their protection all the vessels belonging to the citizens or inhabitants of the United States, or any of them which may be holding the same course, or going the same route, and they shall defend the said ships as long as they shall hold the same course, or follow the same route, against every attack, force, or violence of the common enemy, in the same manner as they are bound to defend and protect the vessels belonging to his said Majesty's subjects.
In like manner, the said United States and their ships of war, sailing under their authority, shall protect and defend, in conformity with the preceding article, all the vessels and effects belonging to the subjects of his Danish Majesty, and shall use all their efforts to recover and cause to be restored the said vessels and effects, which shall have been taken within the extent of the jurisdiction of the said States, and each of them.
It is agreed and determined that every merchant, captains of merchant vessels, or others, his Danish Majesty's subjects, shall have entire liberty in all places within the dominions and jurisdiction of the United States of America, to manage themselves, their own affairs, and to employ whomsoever they please to manage them, and they shall not be obliged to make use of any interpreter or broker, nor to pay them any fee, unless they make use of them; and with respect to the time and manner of loading or unloading their ships and whatever belongs to them, they shall always be considered and treated as the most favored nations, and shall pay no fee or salary, which the said nations are not bound to pay in similar cases. The citizens, inhabitants, and subjects of the United States of America shall reciprocally have and enjoy the same privileges and liberties in all the places belonging to his Majesty, the King of Denmark and Norway.
Whenever one of the contracting parties shall be at war with other powers, the communication and free commerce of the subjects of the other party with the States of the said powers, shall not on that account be interrupted. On the contrary, in this case it is agreed and stipulated, that every ship and vessel of the neutral party may freely navigate from port to port, and on the coasts of the States at enmity with the other party, and that the vessels and ships being free, shall likewise secure the liberty of merchandise; so that everything shall be judged free which shall be found on board of the vessels belonging to the subjects of one of the contracting parties, although the loading, or part of it, should belong to the enemies of one of them; it being, nevertheless, well understood, that contraband goods shall be always excepted; and it is also agreed, that this same liberty shall extend to the persons of such as shall be found on board of the free vessel, even though they should be enemies of one of the two contracting parties, and they shall not be taken from on board the said vessels, unless they are military characters, and actually in the service of the enemy.
The merchant vessels of one of the two contracting parties, coming either from a port belonging to the enemy, or from their own, or a neutral port, and navigating towards a port of an enemy of the other, shall be bound every time they shall be required, to exhibit, as well on the high seas as in port, their passports, or sea letters, and other public documents, which shall expressly prove that their loading is not of that kind, which is prohibited as contraband; it being well understood, nevertheless, that in all cases, where such merchant vessels shall be escorted by one or more vessels of war, the simple declaration of the officer commanding the convoy, that these vessels do not carry any contraband goods, shall be considered as fully sufficient, and they shall not require to examine the papers of the escorted vessels.
It shall no sooner be found by the sea letters, passports, or other public documents, or by the verbal declaration of the commanding officer of the convoy, that the merchant vessels are not laden with contraband goods, than they shall be at liberty to continue their voyage without any hinderance; but if, on the contrary, the exhibition of the said passports or other documents, in case the vessels are not escorted, tends to discover that the said vessels carry merchandise reputed contraband, consigned to an enemy's port, it shall not, however, be permitted to break open the hatches of the said vessels, nor to open any chest, case, trunk, bale, package, or cask, which shall be found on board, or to displace or overturn the least part of the merchandise, whether the vessel belongs to his Danish Majesty's subjects, or to the citizens or inhabitants of the United States, until the cargo has been landed in presence of the officers of the Courts of Admiralty, and that the inventory has been made of it. And it shall not be permitted to sell, exchange, or alienate the merchandise reputed contraband, in any manner whatever, before trial has been held and legally finished, to declare them contraband, and that the Courts of Admiralty shall have pronounced them confiscated, without any prejudice, nevertheless, to the vessels or to the merchandise, which by virtue of the treaty shall be considered free. It shall not be permitted to retain these merchandises under pretence, that they have been intermixed with the contraband merchandise, and still less confiscate them as legal prizes. In case where a part only, and not the whole of the loading, shall consist of contraband merchandises, and that the commander of the vessel consents to deliver them up to the privateer, which shall have discovered them, then the captain, who shall have made the prize, after having received the merchandise, must immediately release the vessel, and shall not in any wise prevent the continuation of his voyage; but in case the contraband merchandise cannot all be taken on board the captor, then the captain of the said vessel shall be at liberty, notwithstanding the offer to deliver the contraband goods, to conduct the master to the nearest port, in conformity to what is prescribed above.
In order to obviate entirely every disorder and violence, it is stipulated, that whenever the merchant vessels and ships of the subjects and inhabitants of one of the two parties, navigating alone, shall be met by any vessel of war, privateer, or armed vessel of the other party, the said vessels of war, privateers, or armed vessels, shall remain on their part constantly out of cannonshot, and shall not send above two or three men in their boats on board the merchant vessels or ships, to examine the passports or other documents, which shall prove the property and cargoes of the said vessels or ships. Such of the vessels of war, privateers, or armed vessels of the one party, as shall molest or damage in any manner whatever the ships or vessels of the other, shall be obliged to answer for it in their persons and property, and consequently, to render satisfaction for all damage and interest over and above the reparation due for the insult shown the flag.
It is agreed that everything that is found laden by the respective subjects or inhabitants on board of vessels belonging to the enemies of the other party, or to their subjects, shall be confiscated without distinction of prohibited merchandise, in like manner as though it belonged to the enemy, excepting always such effects and merchandise as shall have been put on board of said vessels, before the declaration of war, or even after said declaration, if, at the time of lading, it was unknown, so that the merchandises of the subjects of the two contracting parties, whether they are of the number termed contraband or otherwise, which, as has just been said, shall have been laden on board of a vessel belonging to the enemy before the war, or even after the declaration, when it was not known, shall in no wise be subject to confiscation, but shall be faithfully and bona fide returned without delay to their proprietors who shall claim them, it being well understood, nevertheless, that it shall not be permitted to carry into the enemy's ports merchandise of a contraband nature. And in order that every dissension may be avoided, it is agreed, that after the term of six months being elapsed from the declaration of war, the respective subjects, from whatever part of the world they may come, shall not allege the ignorance mentioned in the present article.
All vessels and merchandise of whatever nature soever, whenever they shall have been recovered from the hands of pirates on the high seas, shall be brought into some port of one of the two States, and shall be delivered to the care of the officers of the said port, in order to be restored entire to their true proprietor, as soon as he shall have duly and sufficiently proved his property.
The ships of war belonging to the two parties, as also those of their subjects which are armed, shall conduct at full liberty wheresoever they please, the prizes they shall have made from their enemies, without being obliged to pay any other duties than such as the most favored nations; the said vessels or the said prizes, on entering into the ports of his Danish Majesty, or of the said United States, shall not be subject to be stopped or seized, nor shall the officers of the places have any power to take cognizance of the validity of the said prizes, which shall go out, and be freely conducted in full liberty, to the places mentioned in the commissions, which the captains of the said vessels shall be obliged to produce.
In order to favor as much as possible the commerce on both sides, it is agreed, that if a war should happen between his Majesty, the King of Denmark and Norway, and the United States of America, (which God forbid) nine months after the declaration of war shall be granted to the subjects on both sides to collect, sell, and transport freely, the merchandise and effects belonging to them, and to withdraw themselves; and if anything is taken from them, or if any injury is done to them during the above prescribed time, by one of the two parties, full and entire satisfaction shall be given them in this respect.
No subject of his Majesty, the King of Denmark and Norway, shall take a commission or letter of marque (to arm any vessel or vessels, for the purpose of acting as a privateer against the said United States, or any of them, or against their subjects, people, or inhabitants, or against their property, or that of any among them) from any Prince whatever, with whom the said United States shall be at war. In like manner no citizen, subject, or inhabitant of the said United States, or of any of them, shall demand or accept of any commission or letter of marque (to arm any vessel or vessels, to cruise against the subjects of his said Majesty, or any of them, or their property) from any Prince or State whatever, with whom his Majesty shall be at war; and if any one of either nation should take such commissions or letter of marque, he shall be punished as a pirate.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Of a Treaty of Amity and Commerce received from Denmark.
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.
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.
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.