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.

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.

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