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.
FOOTNOTES:
[18] See the Swedish Ambassador's letter, p. 112.
[19] See p. 112.
_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.
FOOTNOTE:
[20] See M. de Rosencrone's letter, and the other papers here
mentioned, p. 115 et seqq.
The Prince de Deuxponts was lately at Paris, and applied to me for
information, respecting a commerce which is desired between the
Electorate of Bavaria and America. I have it also from a good hand at
the Court of Vienna, that the Emperor is desirous of establishing a
commerce with us from Trieste, as well as Flanders, and would make a
treaty with us if proposed to him. Since our trade is laid open, and
no longer a monopoly to England, all Europe seems desirous of sharing
in it, and for that purpose to cultivate our friendship. That it may
be better known everywhere, what sort of people, and what kind of
government they will have to treat with, I prevailed with our friend,
the Duc de la Rochefoucault, to translate our book of Constitutions
into French, and I presented copies to all the Foreign Ministers. I
send you one herewith. They are much admired by the politicians here,
and it is thought will induce considerable emigrations of substantial
people from different parts of Europe to America. It is particularly a
matter of wonder, that in the midst of a cruel war, raging in the
bowels of our country, our sages should have the firmness of mind to
sit down calmly and form such complete plans of government. They add
considerably to the reputation of the United States.
I have mentioned above the port of Trieste, with which we may possibly
have a commerce, and I am told that many useful productions and
manufactures of Hungary may be had extremely cheap there. But it
becomes necessary first to consider how our Mediterranean trade is to
be protected from the corsairs of Barbary. You will see by the
enclosed copy of a letter[21] I received from Algiers, the danger two
of our ships escaped last winter. I think it not improbable, that
those rovers may be privately encouraged by the English to fall upon
us, and to prevent our interference in the carrying trade; for I have
in London heard it is a maxim among the merchants, that if _there were
no Algiers, it would be worth England's while to build one_. I wonder,
however, that the rest of Europe do not combine to destroy those
nests, and secure commerce from their future piracies.
FOOTNOTE:
[21] See p. 96.
I made the Grand Master of Malta a present of one of our medals in
silver, writing to him a letter, of which I enclose a copy;[22] and I
believe our people will be kindly received in his ports; but that is
not sufficient; and perhaps now we have peace, it will be proper to
send Ministers, with suitable presents, to establish a friendship with
the Emperor of Morocco, and the other Barbary States, if possible. Mr
Jay will inform you of some steps, that have been taken by a person at
Alicant, without authority, towards a treaty with that Emperor. I send
you herewith a few more of the abovementioned medals, which have given
great satisfaction to this Court and nation. I should be glad to know
how they are liked with you.
FOOTNOTE:
[22] See above, p. 95.
Our people, who were prisoners in England, are now all discharged.
During the whole war, those who were in Forton prison, near
Portsmouth, were much befriended by the constant charitable care of Mr
Wren, a Presbyterian minister there, who spared no pains to assist
them in their sickness and distress, by procuring and distributing
among them the contributions of good Christians, and prudently
dispensing the allowance I made them, which gave him a great deal of
trouble, but he went through it cheerfully. I think some public notice
should be taken of this good man. I wish the Congress would enable me
to make him a present, and that some of our universities would confer
upon him the degree of Doctor.
The Duke of Manchester, who has always been our friend in the House of
Lords, is now here as Ambassador from England. I dine with him today,
26th, and if anything of importance occurs, I will add it in a
postscript. Be pleased to present my dutiful respects to the Congress,
assure them of my most faithful services, and believe me to be, with
great and sincere esteem, Sir, &c.
B. FRANKLIN.
* * * * *
PLAN OF A TREATY WITH PORTUGAL.
Plan of a Treaty of Amity and Commerce between Her Most Faithful
Majesty, the Queen of Portugal and Algarva, and the United States of
North America.
Her Most Faithful Majesty, the Queen of Portugal and Algarva, and the
United States of North America, anxious to fix in an equitable and
permanent manner the regulation, which ought to be observed with
regard to the commerce they wish to establish between their respective
countries, conceive that they cannot more effectually attain this end
than by observing as the basis of their arrangement the most perfect
equality and reciprocity, allowing each party the liberty of making
such interior regulations respecting their commerce and navigation as
may best suit them, resting the advantages of commerce on its
reciprocal utility and the laws of a just concurrence. In consequence
of these principles, and of a mature deliberation, Her Most Faithful
Majesty and the United States have agreed on the following articles.
ARTICLE I.
There shall be a firm, inviolable, and universal peace, and a sincere
amity between Her Most Faithful Majesty, the Queen of Portugal, her
heirs and successors, and the United States of North America, as well
with respect to the citizens and subjects of the said two parties as
their people, islands, cities, and places situated within their
respective jurisdictions, and between their people and inhabitants of
all classes, without exception of persons and places, similar to what
has been already established with the most favorite powers.
ARTICLE II.
The subjects of Her Most Faithful Majesty may freely frequent and
reside in the United States, and traffic in all kinds of effects and
merchandises, whose importation or exportation is not or shall not be
prohibited, and they shall not pay in the ports, harbors, roads,
countries, islands, cities, and places within the United States, other
or greater duties or imposts of any kind whatever, than such as the
most favored nations are, or shall be, obliged to pay. And they shall
enjoy all the rights, liberties, privileges, immunities, and
exemptions with respect to trade, navigation, and commerce, whether in
going from one port of the said States to another, or in going there,
or returning from any part or to any part of the world whatever, which
the said nations do or shall enjoy.
ARTICLE III.
In the like manner the citizens and inhabitants of the United States
of North America shall freely frequent and reside in the States of Her
Most Faithful Majesty in Europe; also in Madeira and the Azores, and
trade there in all kinds of effects and merchandises, the importation
and exportation of which is not, or shall not be prohibited, and they
shall not pay in the ports, harbors, roads, countries, islands,
cities, and places of the Queen of Portugal, other or greater duties
of any kind whatsoever than such as the most favored nations are, or
shall be, bound to pay; and they shall enjoy all the rights,
liberties, privileges, immunities, and exemptions as to trade,
navigation, and commerce, whether in going from one port of Her Most
Faithful Majesty's States to another, or in going there, or returning
from any part of the world whatever, which the said nations do or
shall enjoy.
ARTICLE IV.
Her Most Faithful Majesty shall use every means in her power to
protect and defend all the vessels and property belonging to the
subjects, people, and inhabitants of the said United States, which
shall be in her ports, harbors, or roads, against any violence
whatever that may be committed by the subjects of her said Majesty, by
punishing such as shall violate these principles.
ARTICLE V.
The preceding article, shall be in like manner reciprocally and
exactly observed on the part of the United States, with respect to the
vessels and property belonging to the subjects of her said Majesty,
which shall be found in their ports, harbors, or roads, against any
violence that may be committed by the subjects of the United States.
ARTICLE VI.
If any squadrons or vessels of war touch at the ports, or enter into
the seas in the neighborhood of Her Most Faithful Majesty's States,
they shall conform to the regulations already established with respect
to the other most favored maritime powers.
ARTICLE VII.
The United States of America likewise oblige themselves reciprocally
to observe with exactitude the stipulations contained in the above
article.
ARTICLE VIII.
It is likewise agreed and determined that every merchant, captains of
merchant vessels, or other subjects of Her Most Faithful Majesty,
shall have entire liberty in all places within the dominion or
jurisdiction of the United States of America, to manage themselves
their own affairs, and to employ therein whomsoever they please, and
that they shall not be obliged to make use of any interpreter or
broker, nor to pay them any fee, unless they do employ them. Moreover,
the masters of the vessels shall not be obliged, in loading or
discharging their vessels, to employ workmen, appointed for that
purpose by public authority, but they shall be entirely free to
discharge or load themselves their vessels, and to employ, in loading
or discharging, such persons as they shall think proper for the
purpose, without paying any fee, under the title of salary, to any
other person whatever, and they shall not be obliged to put any kind
of merchandise in other vessels, or to receive them on board, and wait
to be loaded any longer time than what they please, and all and every
of the citizens, people, and inhabitants of the United States of
America shall have, and shall reciprocally enjoy, the same privileges
and liberties in all the aforesaid places within Her Most Faithful
Majesty's jurisdiction in Europe. And, as to what concerns contraband
goods, which may be introduced in merchant vessels belonging to either
nation, they shall be obliged to submit to the visit of the officers
appointed in the two States, to prevent the said contraband, and, for
that purpose to conform to the established regulations, or such as
shall be established within the respective States.
ARTICLE IX.
Full and entire liberty of conscience shall be granted to the
inhabitants and subjects of each party, and no one shall be molested
with respect to his worship, provided he submits, as far as respects
the public demonstration, to the laws of the country. The inhabitants
and subjects of either party, who shall die in the territory of the
other party, shall be permitted to be buried in suitable and decent
places, which shall be assigned for that purpose, and the two
contracting powers shall provide, each within its own jurisdiction,
that the respective subjects and inhabitants may obtain certificates
of death, in case they shall be required to deliver them.
ARTICLE X.
The subjects of the contracting parties may, within the respective
States, freely dispose of their property, moveable and immoveable,
either by testament, donation, or otherwise, in favor of such persons
as they may think proper, and their heirs, wherever they may dwell,
shall receive these successions, even ab intestato, either in person
or by attorney, without the necessity of obtaining letters of
naturalization. These inheritances, as well as the capitals and
effects, which the subjects of the two parties, in changing their
residence, would carry from the place of their abode, shall be
exempted from any duties on the part of the government of the two
respective States. The contents of this article shall in no wise
derogate from the ordinances published against emigrations, or which
shall hereafter be promulgated within the dominions of the two powers,
the exercise of which they reserve to themselves.
ARTICLE XI.
If, hereafter, a war should happen between Portugal and the United
States, which God forbid, the space of nine months shall be granted to
the merchants of either country residing at that time in the other, to
collect their debts and put their affairs in order, and they may
depart with all their effects without let or molestation. All
fishermen, farmers, artisans, or manufacturers, unarmed and residing
in cities, places, and villages not fortified, who work for the
subsistence and welfare of mankind, and who peaceably exercise their
respective employments, shall be allowed to continue their occupations
without molestation from the armed forces of the enemy, in whose power
they may fall through the events of war; but should it be necessary to
take anything from them for the use of the army, they shall be paid
for them at a reasonable price. All traders and merchants, whose
vessels shall not be armed for war, but employed in the commerce of
exchanging the productions of different countries, and thereby
rendering the wants, conveniences, and comforts of life easier to be
obtained and more universal, shall be permitted to pass freely, and
without molestation. Neither of the contracting powers shall grant a
commission to any privateer, authorising it to take or destroy such
merchant vessels, or to interrupt such commerce.
ARTICLE XII.
In order to remove and prevent on both sides every difficulty and
misunderstanding, that commonly happen respecting merchandise
heretofore denominated contraband, and which shall be judged such by
the powers of Europe in their respective treaties, that is to say,
arms and warlike stores, it has been agreed, that in case where one of
the contracting parties shall be engaged in a war against any other
nation, none of these articles carried in the vessels, or by the
subjects of one of the parties to the enemies of the other, shall be
considered contraband under any pretext whatever, nor be confiscated
or taken away as such from any individual. It shall, nevertheless, be
lawful to stop such vessels, and to detain them as long as the captors
shall think necessary to prevent the inconveniencies or damages that
may result from the continuation of their voyage, by paying, however,
to the proprietors a reasonable compensation for the loss, which such
detention may occasion; moreover, the captors shall be permitted to
use, in whole or in part, the warlike stores thus detained, provided
that they pay the full value thereof to the proprietors.
ARTICLE XIII.
All vessels and merchandise of whatsoever kind, that shall be
recovered from pirates of the high seas, shall be brought into some
port of one of the two States and delivered to the care of the
officers of the said port, in order that they may be completely
restored to their true proprietor, as soon as he shall have duly and
sufficiently proved his property.
ARTICLE XIV.
None of Her Most Faithful Majesty's subjects shall take a commission
or letter of marque to arm any vessel or vessels for the purpose of
acting as privateers against the United States, or any of them, or
against their subjects, people, or inhabitants, or against their
property, or that of the inhabitants of either of them, from any
prince whatever, with whom the said States shall be at war. In like
manner, no citizen, or subject, or inhabitant of the aforesaid United
States, or any of them, shall demand any commission or letter of
marque to arm any vessel or vessels to cruise against the subjects of
Her Most Faithful Majesty, or any of them, or their property, from any
prince or State whatever with whom the said Queen shall be at war; and
if any one belonging to either nation takes such commission or letter
of marque, he shall be punished as a pirate.
ARTICLE XV.
In case the vessels, subjects, and inhabitants of one of the two
contracting parties shall approach the coasts of the other, without
designing, however, to enter into the port, or, after having entered,
without intention to discharge their cargo, or to break bulk, they
shall be at liberty to depart or to pursue their voyage without
molestation.
ARTICLE XVI.
It is stipulated by the present treaty, that free vessels shall secure
the liberty of the persons who shall be on board, even should they be
the enemies of one of the two contracting parties, and they shall not
be taken out of the said vessels unless they are military characters,
and actually in the enemy's service.
ARTICLE XVII.
The two contracting parties mutually grant permission to maintain in
their respective ports, consuls, vice consuls, agents, and
commissaries, whose functions shall be regulated by a particular
convention, whenever either party may be pleased to establish it.
ARTICLE XVIII.
The present treaty shall be ratified on both sides, and the
ratifications shall be exchanged in the space of eight months, or
sooner if possible, reckoning from the date of the signature.
ARTICLE XIX.