inhabitants of each party within the respective States, and they may,
consequently, freely attend the worship of their religion without
being disturbed or molested, provided that they submit, as to the
public demonstration, to the ordinances and laws of the country.
ARTICLE XXV.
His Majesty, the King of Denmark and Norway, and the United States of
North America, have agreed, that the present treaty shall be in full
effect during the space of fifteen successive years, reckoning from
the day of its ratification; and the two contracting parties reserve
to themselves the power of renewing it at the expiration of that time.
ARTICLE XXVI.
The present treaty shall be ratified on both sides, and the
ratifications shall be exchanged within the space of eight months from
the date of the signature.
EXPLANATION OF THE COUNTER PROJECT
_Of a Treaty of Amity and Commerce received from Denmark._
Translation.
Although the simple comparison of the enclosed Counter Project, with
the Project proposed by Mr Franklin, evidently proves the attention
that has been shown on our part here to the negotiation set on foot,
and which, in the main, has been agreed upon as to the principles,
which have been adopted for the basis of a treaty, as well as the most
essential stipulations, we could not avoid, however, explaining more
distinctly certain points of the Counter Project; and the
eclaircissements that will be given of them will at the same time
prove the amicable intentions, with which it has been endeavored to
facilitate the consequences of an affair too important to the welfare
of the two nations, not to merit the attention and cares of the powers
which govern them.
The second and third articles will regulate the conduct of the
reciprocal subjects in the respective States. Taking things as they
now are, it is easily perceived that the stipulations of the said
articles, although apparently reciprocal, give however superior
advantages to the United States. For, according to the system of
commerce, which subsists in Denmark and Norway, the most favored
nations pay there no greater imposts or other duties than the proper
subjects of the State, and the proper subjects of the State enjoy
considerable diminutions with respect to unprivileged nations, as well
for their vessels as their merchandise. It is evident, therefore, that
the subjects of the United States of America being received among the
most favored nations in Denmark and Norway, would not only gain by
that means a competition with the said most favored, but also a
preference over several other nations, even in the neighborhood of
Denmark, with whom no treaties of commerce have been concluded, and
who, therefore, are still in the number of unprivileged, as to
navigation and commerce, in the States of his Danish Majesty.
On the other hand, if the advantages, which would result from these
articles, as to the commerce of the subjects of Denmark in the
territories of the United States, are considered, the said advantages
would be confined to the simple competition with every other foreign
nation; but, as there is no nation that we know of, which actually
pays in the territories of the United States other or greater duties,
than what the privileged or most favored nations are bound to pay, the
Danish subjects would not find in the territories of the United States
the same preference, which the subjects of the United States would
obtain in Denmark and Norway. The preceding considerations are not
advanced for the purpose of taking any advantage, but they are pointed
out only to show the impartiality and good will, with which we desire
to contribute to the mutual connexions of amity and commerce between
the two nations, who will, it is to be hoped, more and more unite. As
to the periods inserted in these articles, they do not essentially
change the stipulations projected by the Minister of the United
States; they only add therein some proper determination to prevent
every misunderstanding on the subject of the reciprocal liberties and
privileges, and to guaranty some rights, which the subjects of his
Danish Majesty enjoy with respect to certain countries and colonies,
as Iceland, Greenland, Finmarson, Faro, the establishment of
Tranquibar, and, in certain respects, the Islands of St Croix, St
Thomas, and St John; and if, at any time, it should please the United
States to reserve for its own subjects similar rights, with respect to
certain places, or certain kinds of merchandise, and to exclude
therefrom every foreign nation, the same stipulations shall then suit
their intentions. In like manner the same mark of reciprocity has been
given to every change, excepting only the last clause of the third
article, which has not been susceptible of the same turn, considering
the local position of the United States, and which, undoubtedly for
the same reason, has been inserted in the treaty of the United States
with Holland, in the same manner as it is here in the Counter Project.
After having pointed out the privileges, which the subjects of his
Danish Majesty enjoy in the islands of St Croix, St Thomas, and St
John, it will not be useless to observe, that it is only the commerce
and navigation between the said islands and Europe, which Denmark has
appropriated to itself in any manner; but the commerce, which is
conducted between those islands and North America, although always
subject to the same interior regulations on both sides, has been for a
long while authorised by his Danish Majesty's commercial laws, and his
said Majesty has, moreover, granted to the islands of St Thomas and St
John privileges, which will give the commerce of these islands, with
America in particular, a freer course, and very different from that of
the commerce of the colony. The advantages, which the United States
may derive from a more close commercial connexion with the said
privileged islands, and whose ports, distinguished by the security
they insure to vessels, appear to invite the commercial subjects of
America, are too evident to need any circumstantial detail. There
shall only be added, therefore, to what has been said, this single
observation, that his Danish Majesty, having it very much at heart to
open every possible road to industry and commerce, finds himself much
disposed to favor the connexion in question, and that, if for this
purpose the United States, after the conclusion of the present treaty,
which shall fix the general commercial points between the contracting
parties, should desire a particular convention to agree upon the
reciprocal and local advantages proper to accomplish this object, his
said Majesty would willingly come into it, provided that the United
States were equally disposed on their part to facilitate the affair.
The fourth and fifth articles have only been modified in order to
remove the doubts, which might arise with respect to the defence and
protection due to the vessels belonging to the respective subjects. It
is only in cases of attack from the common enemy, against whom it was
conceived possible to confine each other by these articles; for in
case that one of the parties was at war and the other at peace, the
vessels belonging to the neutral party could not protect the vessels
belonging to the belligerent party, without taking a part and quitting
its neutrality.
The privileges of the most favored nations undoubtedly guaranty to the
respective subjects the favors mentioned in the sixth, eleventh,
fourteenth, and seventeenth articles of the Project. For this reason
it has appeared, that it would be better to reduce the points detailed
in these articles to the number of general liberties of the most
favored nations, and this is what has been done in the sixth,
thirteenth, sixteenth, and twentyfirst articles of the Counter
Project, contenting ourselves here with the assurance, that the
subjects of his Danish Majesty in the cases mentioned here, as well as
in any other, shall be regarded and treated in the territories within
the dominions of the United States as the most favored nations, and in
expectation that the United States will not demand anything more in
these respects.
The seventh, eighth, and ninth articles of the Counter Project only
contain the spirit and ideas of the fifteenth, seventh, and eighth
articles of the Project, to which has been added some further
stipulations, conformable to the principles, which have been
established and acknowledged with respect to the commerce of neutral
nations in time of war.
The term of two months, which has been proposed in the ninth article,
and that of six months named in the twelfth article of the Project,
did not appear to correspond with the extent of commerce, which is
carried on, particularly with the East Indies, nor with difficulties,
which the merchants or inhabitants sometimes find in arranging their
affairs to change their abode. It is for this reason, that instead of
two and six months, the terms six and nine months have been
substituted, it being nevertheless well understood, that from the
friendship and good understanding, which is about being strengthened
between the two nations, the subjects of neither party will ever have
cause to take refuge on account of a rupture.
Although no fault has been found as to the merchandise, which the
Project has called contraband, or not contraband in time of war, there
is however reason to think, that it would still be better for the
conveniency of the contracting parties, only to name in express terms
the contraband, without detailing the free merchandise, with respect
to which no better explanation could be given, as it appears, than by
agreeing that everything that is not called contraband shall be
comprehended in the number of free merchandise; consequently, on this
principle, the seventeenth article of the Counter Project has been
arranged, and at the end of the article has been added the definition
of a port that is blocked up.
The new articles that have been proposed on this side principally turn
on reciprocal points and favors, which justice and equity demand, and
which humanity and the rights of nations ordinarily grant, even
without stipulation by express conventions; but it is usage that has
introduced them into treaties, and it is conceived that it is no less
necessary to conform thereto.
As to the passports mentioned in the eighteenth article of the Counter
Project, there is nothing easier than to agree about them after the
conclusion of the treaty, or at the time when it is concluded, and the
models that shall be agreed on can then be officially exchanged and
published in case of necessity.
* * * * *
GIACOMO F. CROCCO TO B. FRANKLIN.
Cadiz, July 15th, 1783.
Sir,
His Imperial Majesty, the Emperor of Morocco, did me the honor to
appoint me to be the bearer of his answer to the United Provinces of
North America, with which he is willing to sign a treaty of peace and
commerce, and in consequence has already given orders to his Captains
of men of war not to molest on the open seas the American vessels,
which agreeable news I have already given to Mr Richard Harrison.
According to my instructions, I am to accompany to the Court of
Morocco the Ambassador, that will be appointed to conclude the treaty
of peace. I presume, that your Excellency is already acquainted, that
the travelling expenses and other charges of ambassadors, or envoys,
sent to Europe by the Emperor of Morocco, are to be paid by the Court,
or Republic, that demands his friendship. In a few days I intend to
set out for Madrid, where I will remain till I receive your
Excellency's answer to this letter, directed to William Carmichael,
the United States Chargé d'Affaires at the Court of Spain, who, I make
no doubt, will receive orders to supply me with the money I may want
on the occasion.
As soon as I arrive at Paris I shall have the satisfaction to
entertain at large your Excellency on the present negotiation, not
doubting it will soon be concluded to the advantage of both Courts.
In the meantime I remain, most truly, Sir, &c.
GIACOMO FRANCISCO CROCCO.
_P. S._ I was obliged to call on a friend to write you this letter in
English, otherwise I could only do it in the Italian language.
G. F. C.
* * * * *
TO ROBERT R. LIVINGSTON.
Passy, July 22d, 1783.
Sir,
You have complained, sometimes with reason, of not hearing from your
Foreign Ministers; we have had cause to make the same complaint, six
full months having intervened between the latest date of your
preceding letters and the receipt of those by Captain Barney. During
all this time we were ignorant of the reception of the Provisional
Treaty, and the sentiments of Congress upon it, which, if we had
received sooner, might have forwarded the proceedings on the
Definitive Treaty, and, perhaps, brought them to a conclusion, at a
time more favorable than the present. But these occasional
interruptions of correspondence are the inevitable consequences of a
state of war, and of such remote situations. Barney had a short
passage, and arrived some days before Colonel Ogden, who also brought
despatches from you, all of which are come safe to hand. We, the
Commissioners, have in our joint capacity written a letter to you,
which you will receive with this.
I shall now answer yours of March the 26th, May the 9th, and May the
31st.
It gave me great pleasure to learn by the first, that the news of
peace diffused general satisfaction. I will not now take it upon me to
justify the apparent reserve, respecting this Court, at the signature,
which you disapprove. We have touched upon it in our general letter. I
do not see, however, that they have much reason to complain of that
transaction. Nothing was stipulated to their prejudice, and none of
the stipulations were to have force, but by a subsequent act of their
own. I suppose, indeed, that they have not complained of it, or you
would have sent us a copy of the complaint, that we might have
answered it. I long since satisfied Count de Vergennes about it here.
We did what appeared to all of us best at the time, and if we have
done wrong, the Congress will do right, after hearing us, to censure
us. Their nomination of five persons to the service seems to mark,
that they had some dependence on our joint judgment, since one alone
could have made a treaty by direction of the French Ministry as well
as twenty.
I will only add, that with respect to myself, neither the letter from
M. Marbois, handed us through the British negotiators, (a suspicious
channel) nor the conversations respecting the fishery, the boundaries,
the royalists, &c. recommending moderation in our demands, are of
weight sufficient in my mind to fix an opinion, that this Court wished
to restrain us, in obtaining any degree of advantage we could prevail
on our enemies to accord, since those discourses are fairly
resolvable, by supposing a very natural apprehension, that we, relying
too much on the ability of France to continue the war in our favor,
and supply us constantly with money, might insist on more advantages
than the English would be willing to grant, and thereby lose the
opportunity of making peace, so necessary to all our friends.
I ought not, however, to conceal from you, that one of my colleagues
is of a very different opinion from me in these matters. He thinks the
French Minister one of the greatest enemies of our country, that he
would have straitened our boundaries, to prevent the growth of our
people; contracted our fishery, to obstruct the increase of our
seamen; and retained the royalists among us, to keep us divided; that
he privately opposes all our negotiations with foreign Courts, and
afforded us, during the war, the assistance we received only to keep
it alive, that we might be so much the more weakened by it; that to
think of gratitude to France is the greatest of follies, and that to
be influenced by it would ruin us. He makes no secret of his having
these opinions, expresses them publicly, sometimes in presence of the
English Ministers, and speaks of hundreds of instances which he could
produce in proof of them. None, however, have yet appeared to me,
unless the conversations and letter abovementioned are reckoned such.
If I were not convinced of the real inability of this Court to furnish
the further supplies we asked, I should suspect these discourses of a
person in his station might have influenced the refusal, but I think
they have gone no further than to occasion a suspicion, that we have a
considerable party of antigallicans in America, who are not tories,
and consequently, to produce some doubts of the continuance of our
friendship. As such doubts may hereafter have a bad effect, I think we
cannot take too much care to remove them; and it is, therefore, I
write this to put you on your guard, (believing it my duty, though I
know that I hazard by it a mortal enmity) and to caution you
respecting the insinuations of this gentleman against this Court, and
the instances he supposes of their ill will to us, which I take to be
as imaginary as I know his fancies to be, that Count de Vergennes and
myself are continually plotting against him, and employing the
newswriters of Europe to depreciate his character, &c. But as
Shakspeare says, "Trifles light as air," &c. I am persuaded, however,
that he means well for his country, is always an honest man, often a
wise one, but sometimes, and in some things, absolutely out of his
senses.
When the commercial article, mentioned in yours of the 26th, was
struck out of our proposed preliminaries by the British Ministry, the
reason given was, that sundry acts of Parliament still in force were
against it, and must be first repealed, which I believe was really
their intention, and sundry bills were accordingly brought in for
that purpose; but new Ministers with different principles succeeding,
a commercial proclamation totally different from those bills has
lately appeared. I send enclosed a copy of it. We shall try what can
be done in the Definitive Treaty towards setting aside that
proclamation, but if it should be persisted in, it will then be a
matter worthy the attentive discussion of Congress, whether it will be
most prudent to retort with a similar regulation in order to force its
repeal, (which may possibly tend to bring on another quarrel) or to
let it pass without notice, and leave it to its own inconvenience, or
rather impracticability in the execution, and to the complaints of the
West India planters, who must all pay much dearer for our produce
under those restrictions.
I am not enough master of the course of our commerce to give an
opinion on this particular question, and it does not behove me to do
it; yet I have seen so much embarrassment and so little advantage in
all the restraining and compulsive systems, that I feel myself
strongly inclined to believe, that a State, which leaves all her ports
open to all the world upon equal terms, will, by that means, have
foreign commodities cheaper, sell its own productions dearer, and be
on the whole the most prosperous. I have heard some merchants say,
that there is ten per cent difference between _Will you buy?_ and
_Will you sell?_ When foreigners bring us their goods, they want to
part with them speedily, that they may purchase their cargoes and
despatch their ships, which are at constant charges in our ports; we
have then the advantage of their _Will you buy?_ And when they demand
our produce, we have the advantage of their _Will you sell?_ And the
concurring demands of a number also contribute to raise our prices.
Thus both those questions are in our favor at home, against us
abroad.
The employing, however, of our own ships and raising a breed of seamen
among us, though it should not be a matter of so much private profit
as some imagine, is nevertheless of political importance, and must
have weight in considering this subject.
The judgment you make of the conduct of France in the peace, and the
greater glory acquired by her moderation than even by her arms,
appears to me perfectly just. The character of this Court and nation
seems, of late years, to be considerably changed. The ideas of
aggrandisement by conquest are out of fashion, and those of commerce
are more enlightened and more generous than heretofore. We shall soon,
I believe, feel something of this in our being admitted to a greater
freedom of trade with their Islands. The wise here think France great
enough; and its ambition at present seems to be only that of justice
and magnanimity towards other nations, fidelity and utility to its
allies.
The Ambassador of Portugal was much pleased with the proceedings
relating to their vessel, which you sent me, and assures me they will
have a good effect at his Court. He appears extremely desirous of a
treaty with our States; I have accordingly proposed to him the plan of
one (nearly the same with that sent me for Sweden) and after my
agreeing to some alterations, he has sent it to his Court for
approbation. He told me at Versailles, last Tuesday, that he expected
its return to him on Saturday next, and anxiously desired that I would
not despatch our packet without it, that Congress might consider it,
and, if approved, send a commission to me or some other Minister to
sign it.
I venture to go thus far in treating, on the authority only of a kind
of general power, given formerly by a resolution of Congress to Messrs
Franklin, Deane, and Lee; but a special commission seems more proper
to complete a treaty, and more agreeable to the usual forms of such
business.
I am in just the same situation with Denmark; that Court by its
Minister here has desired a treaty with us. I have proposed a plan
formed on that sent me for Sweden; it has been under consideration
some time at Copenhagen, and is expected here this week, so that I may
possibly send that also by this conveyance. You will have seen by my
letter to the Danish Prime Minister, that I did not forget the affair
of the prizes. What I then wrote, produced a verbal offer made me
here, of £10,000 sterling, proposed to be given by his Majesty to the
captors, if I would accept it as a full discharge of our demand. I
could not do this, I said, because it was not more than a fifth part
of the estimated value. In answer, I was told that the estimation was
probably extravagant, that it would be difficult to come at the
knowledge of their true value, and that whatever they might be worth
in themselves, they should not be estimated as of such value to us
when at Bergen, since the English probably watched them, and might
have retaken them in their way to America; at least, they were at the
common risk of the seas and enemies, and the insurance was a
considerable drawback; that this sum might be considered as so much
saved for us by the King's interference; for that if the English
claimants had been suffered to carry the cause into the common courts,
they must have recovered the prizes by the laws of Denmark; it was
added, that the King's honor was concerned, that he sincerely desired
our friendship, but he would avoid, by giving this sum in the form of
a present to the captors, the appearance of its being exacted from him
as the reparation of an injury, when it was really intended rather as
a proof of his strong disposition to cultivate a good understanding
with us.