B. FRANKLIN.
* * * * *
DAVID HARTLEY TO B. FRANKLIN.
London, March 2d, 1784.
My Dear Friend,
Will you be so good as to transmit the enclosed to Mr Jay? I am sorry
that we are going to lose him from this side of the Atlantic. If your
American ratification should arrive speedily, I might hope to have the
pleasure of seeing him again before his departure. As soon as I hear
from you of the arrival of your ratification I will immediately apply
for the despatch of the British ratification. I wish very much to have
the pleasure of conversing with you again. In hopes that that time may
come soon, I have nothing further to say at present. Believe me always
to be, what you have always known me to have been, a friend of general
philanthropy, and particularly your ever, most affectionate
D. HARTLEY.
* * * * *
TO CHARLES THOMPSON.
Passy, March 9th, 1784.
Sir,
I received a few days since a letter from Annapolis, dated June the
5th, in your hand writing, but not signed, acquainting the
Commissioners with the causes of delay in sending the ratification of
the Definitive Treaty. The term was expired before that letter came to
hand, but I hope no difficulty will arise from a failure in a point
not essential, and which was occasioned by accidents. I have just
received from Mr Hartley a letter on the subject, of which I enclose a
copy.
We have had a terrible winter, too, here, such as the oldest men do
not remember, and indeed it has been very severe all over Europe.
I have exchanged ratifications with the Ambassador of Sweden, and
enclose a copy of that I received from him.
Mr Jay is lately returned from England. Mr Laurens is still there, but
proposes departing for America next month, as does also Mr Jay, with
his family. Mr Adams is in Holland, where he has been detained by
business and bad weather. These absences have occasioned some delays
in our business, but not of much importance.
The war long expected between the Turks and Russians is prevented by a
treaty, and it is thought an accommodation will likewise take place
between them and the Emperor. Everything here continues friendly and
favorable to the United States. I am pestered continually with numbers
of letters from people in different parts of Europe, who would go to
settle in America, but who manifest very extravagant expectations,
such as I can by no means encourage, and who appear otherwise to be
very improper persons. To save myself trouble, I have just printed
some copies of the enclosed little piece, which I purpose to send
hereafter in answer to such letters.
Be pleased to present my dutiful respects to Congress, and believe me
to be, with sincere esteem, dear Sir, &c.
B. FRANKLIN.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Passy, May 12th, 1784.
Sir,
In my last I acquainted your Excellency, that Mr Hartley was soon
expected here to exchange ratifications of the Definitive Treaty. He
is now arrived, and proposes to make the exchange this afternoon. I
shall then be enabled to send a copy. Enclosed is the new British
Proclamation respecting our trade with their Colonies. It is said to
be a temporary provision, till Parliament can assemble and make some
proper regulating law, or till a commercial treaty shall be framed and
agreed to. Mr Hartley expects instructions for planning with us such a
treaty. The Ministry are supposed to have been too busy with the new
elections, when he left London, to think of those matters.
This Court has not completed its intended new system for the trade of
their Colonies, so that I cannot yet give a certain account of the
advantages that will in fine be allowed us. At present it is said we
are to have two free ports, Tobago and the Mole, and that we may carry
lumber and all sorts of provisions to the rest, except flour, which is
reserved in favor of Bordeaux, and that we shall be permitted to
export coffee, rum, molasses, and some sugar, for our own
consumption.
We have had under consideration a commercial treaty proposed to us by
the King of Prussia, and have sent it back with our remarks to Mr
Adams, who will I suppose transmit it immediately to Congress. Those
planned with Denmark and Portugal wait its determination,
Be pleased to present my dutiful respects to the Congress, and believe
me to be, with sincere and great esteem, Sir, &c.
B. FRANKLIN.
_May 13th._ I now enclose a copy of the ratification of the Definitive
Treaty, on the part of his Britannic Majesty.
* * * * *
DAVID HARTLEY TO B. FRANKLIN.
Paris, June 1st, 1784.
Sir,
I have the honor to inform you, that I have transmitted to London the
ratification on the part of Congress of the Definitive Treaty of
peace, between Great Britain and the United States of America, and I
am ordered to represent to you, that a want of form appears in the
first paragraph of that instrument, wherein the United States are
mentioned before his Majesty, contrary to the established custom in
every treaty in which a crowned head and a republic are parties. It is
likewise to be observed, that the term definitive _articles_ is used
instead of definitive _treaty_, and the conclusion appears likewise
deficient, as it is neither signed by the President, nor is it dated,
and consequently, is wanting in some of the most essential points of
form necessary towards authenticating the validity of the instrument.
I am ordered to propose to you, Sir, that these defects in the
ratification should be corrected, which might very easily be done,
either by signing a declaration in the name of Congress for preventing
the particular mode of expression, so far as it relates to precedency
in the first paragraph, being considered as a precedent to be adopted
on any future occasion, or else by having a new copy made out in
America, in which these mistakes should be corrected, and which might
be done without any prejudice arising to either of the parties from
the delay.
I am, Sir, with great respect and consideration, &c.
DAVID HARTLEY.
* * * * *
TO DAVID HARTLEY.
Passy, June 2d, 1784.
Sir,
I have considered the observations you did me the honor of
communicating to me, concerning certain inaccuracies of expression,
and supposed defects of formality, in the instrument of ratification,
some of which are said to be of such a nature as to affect the
validity of the instrument.
The first is, "that the United States are named before his Majesty,
contrary to the established custom observed in every treaty in which a
crowned head and a republic are the contracting parties." With respect
to this, it seems to me we should distinguish between that act in
which both join, to wit, the treaty, and that which is the act of each
separately, the ratification. It is necessary, that all the modes of
expression in the joint act should be agreed to by both parties,
though in their separate acts each party is master of, and alone
unaccountable for its own mode. And, on inspecting the treaty, it will
be found that his Majesty is always regularly named before the United
States. Thus, "the established custom _in treaties_ between crowned
heads and republics," contended for on your part, is strictly
observed; and the ratification following the treaty contains these
words. "Now know ye, that we, the United States in Congress assembled,
having seen and considered the definitive articles aforesaid, have
_approved_, _ratified_, and _confirmed_, and by these presents do
_approve_, _ratify_, and _confirm_ the said articles, AND EVERY PART
AND CLAUSE THEREOF," &c. Hereby all those articles, parts, and
clauses, wherein the King is named before the United States, are
_approved_, _ratified_, and _confirmed_, and this solemnly under the
signature of the President of Congress, with the public seal affixed
by their order, and countersigned by their Secretary.
No declaration on the subject more determinate or more authentic can
possibly be made or given, which, when considered, may probably induce
his Majesty's Ministers to waive the proposition of our signing a
similar declaration, or of sending back the ratification to be
corrected in this point, neither appearing to be really necessary. I
will, however, if it be still desired, transmit to Congress the
observation, and the difficulty occasioned by it, and request their
orders upon it. In the meantime I may venture to say, that I am
confident there was no intention of affronting his Majesty by their
order of nomination, but that it resulted merely from that sort of
complaisance, which every nation seems to have for itself, and of that
respect for its own government, customarily so expressed in its own
acts, of which the English among the rest afford an instance, when in
the title of the King they always name Great Britain before France.
The second objection is, "that the term definitive _articles_ is used
instead of definitive _treaty_" If the words _definitive treaty_ had
been used in the ratification instead of _definitive articles_, it
might have been more correct, though the difference seems not great
nor of much importance, as in the treaty itself it is called the
present _Definitive Treaty_.
The other objections are, "that the conclusion likewise appears
deficient, as if is neither signed by the President, nor is it dated,
and consequently is wanting in some of the most essential points of
form necessary towards authenticating the validity of the instrument."
The situation of seals and signatures, in public instruments, differs
in different countries, though all equally valid; for when all the
parts of an instrument are connected by a ribband, whose ends are
secured under the impression of the seal, the signature and seal
wherever placed are understood as relating to and authenticating the
whole. Our usage is, to place them both together in the broad margin
near the beginning of the piece, and so they stand in the present
ratification, the concluding words of which declare the intention of
such signing and sealing to be giving authenticity to the whole
instrument, viz. "_In testimony_ whereof, We have _caused_ the seal of
the United States to be hereunto affixed; Witness his Excellency
Thomas Mifflin, Esquire, President;" and the date supposed to be
omitted, perhaps from its not appearing in figures, is nevertheless to
be found written in words at length, viz. "this fourteenth day of
January, in the year of our Lord one thousand seven hundred
eightyfour," which made the figures unnecessary.
With great esteem and respect, I have the honor to be, &c.
B. FRANKLIN.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Passy, June 16th, 1784.
Sir,
My letter by Mr Jay acquainted your Excellency, that the ratifications
of the Definitive Treaty were exchanged. A copy of the British part
was also sent by him.
Mr Hartley remained here expecting instructions to treat with us on
the subject of commerce. The bustle attending a new election and
meeting of Parliament, he imagined might occasion the long delay of
those instructions. He now thinks that the affair of the American
trade, being under the consideration of Parliament, it is probable no
treaty will be proposed till the result is known. Mr Jay, who sailed
for America the first instant from Dover, and who saw there several of
our friends from London before his departure, and Mr Laurens who left
London the 6th to go on in the Falmouth packet, will be able to give
you more perfect informations than I can, of what may be expected as
the determination of the British government respecting our intercourse
with their Islands; and, therefore, I omit my conjectures, only
mentioning, that from various circumstances there seems to be some
lurking remains of ill humor there, and of resentment against us,
which only wants a favorable opportunity to manifest itself.
This makes it more necessary for us to be upon our guard, and prepared
for events, that a change in the affairs of Europe may produce; its
tranquillity depending, perhaps, on the life of one man, and it being
impossible to foresee in what situation a new arrangement of its
various interests may place us. Ours will be respected in proportion
to the apparent solidity of our government, the support of our credit,
the maintenance of a good understanding with our friends, and our
readiness for defence. All which I persuade myself will be taken care
of.
Enclosed I send a copy of a letter from Mr Hartley to me, respecting
some supposed defects in the ratification, together with my answer,
which he has transmitted to London. The objections appeared to me
trivial and absurd, but I thought it prudent to treat them with as
much decency as I could, lest the ill temper should be augmented,
which might be particularly inconvenient, while the commerce was under
consideration. There has not yet been time for Mr Hartley to hear
whether my answer has been satisfactory, or whether the Ministers will
still insist on my sending for an amended copy from America, as they
proposed.
I do not perceive the least diminution in the good disposition of this
Court towards us, and I hope care will be taken to preserve it.
The Marquis de Lafayette, who will have the honor of delivering this
to you, has, ever since his arrival in Europe, been very industrious
in his endeavors to serve us and promote our interests, and has been
of great use on several occasions. I should wish the Congress might
think fit to express in some proper manner their sense of his merit.
My malady prevents my going to Versailles, as I cannot bear a carriage
upon pavement, but my grandson goes regularly on Court days to supply
my place, and is well received there. The last letters I have had the
honor of receiving from you, are of the 14th of January.
With great respect, I am, Sir, &c.
B. FRANKLIN.
* * * * *
CONSULAR CONVENTION.
Convention between His Most Christian Majesty and the Thirteen United
States of North America, for the purpose of determining and fixing the
functions and prerogatives of their respective consuls, vice consuls,
agents, and commissaries.
His Majesty, The Most Christian King, and the Thirteen United States
of North America, having, by the 29th article of the Treaty of Amity
and Commerce concluded between them, mutually granted the liberty of
having in their respective States and ports, consuls, vice consuls,
agents, and commissaries, and being willing in consequence thereof, to
determine and fix in a reciprocal and permanent manner the functions
and prerogatives of the said consuls, vice consuls, agents, and
commissaries, His Most Christian Majesty has nominated the Sieur
Charles Gravier, Count of Vergennes, Baron of Welfording, &c.
Counsellor of the King in all his Councils, Commander of his Orders,
Head of the Royal Council of Finances, Counsellor of the State of the
Sword, Minister and Secretary of State, and of his Commands and
Finances; and the United States, Mr Benjamin Franklin, their Minister
Plenipotentiary to His Most Christian Majesty, who, after having
communicated to each other their respective full powers, agreed upon
what follows.
ARTICLE I.
The consuls and vice consuls, nominated by His Most Christian Majesty
and the United States, shall be bound to present their commissions on
their arrival in their respective States, according to the form which
shall be there established. There shall be delivered to them without
any charges the _Exequatur_ necessary for the exercise of their
functions; and, on the exhibition they shall make of the said
Exequatur, the governors, commanders, heads of justice, public bodies,
tribunals, and other officers, having authority in the ports and
places of their consulates, shall cause them to enjoy, as soon as
possible, and without difficulty, the pre-eminences, authority, and
privileges, reciprocally granted, without exacting from said consuls
and vice consuls, any duty under any pretext whatever.
ARTICLE II.
The respective consuls shall have power to establish vice consuls in
the different ports and places of their departments, where necessity
shall require. There shall be delivered to them likewise the Exequatur
necessary to the exercise of their functions, in the form pointed out
in the preceding article, and on the exhibition, which they shall make
of the said Exequatur, they shall be admitted and acknowledged in the
terms and according to the powers, authority, and privileges,
stipulated by the 1st, 4th and 5th articles of the present convention.
ARTICLE III.
The respective consuls and vice consuls may establish agents in the
different ports and places of their departments, where necessity shall
require; these agents may be chosen among the merchants, either
national or foreign, and furnished with a commission from one of the
said consuls. It shall be their business, respectively, to render to
their respective merchants, navigators, and vessels, all possible
service, and to inform the nearest consul or vice consul of the wants
of the said merchants, navigators, and vessels, without the said
agents otherwise participating in the immunities, rights, and
privileges, attributed to the consuls and vice consuls, and without
power to exact from the said merchants any duty or emolument whatever,
under any pretext whatever.
ARTICLE IV.
The consuls and vice consuls, officers of the consulate, and in
general, all persons attached to the consular functions, shall enjoy
respectively a full and entire immunity for their persons, their
papers, and their houses. The list of the said persons shall be
approved and inspected by the executive power of the place of their
residence.
They shall be exempt from all personal service and public offices,
from soldier's billets, militia, watch guard, guardianship and
trusteeship, as well as from all duties, taxes, impositions, and
charges whatsoever, except the real estates of which they may be
proprietors, which shall be subject to the taxes imposed on the
estates of all other individuals.
They shall place over the outward door of their house the arms of
their sovereign, without this mark of distinction giving to the said
house the right of asylum for any malefactor or criminal, so that in
case it should happen that any malefactor or criminal take refuge
there, he shall be instantly delivered up on the first requisition,
and without difficulty.
ARTICLE V.
Generally, in all cases whatever, which concern the police or
administration of justice, where it may be necessary to have a
juridical declaration from the said consuls and vice consuls
respectively, the governors, commandants, chief justice, public
bodies, tribunals, or other officers whatever of their respective
residence there, having authority, shall be bound to inform them of
it, by writing to them, or sending to them a military or civil officer
to let them know, either the object which is proposed, or the
necessity there is for going to them to demand from them this
declaration, and the said consuls end vice consuls shall be bound on
their part to comply faithfully with what shall be desired of them on
these occasions.
ARTICLE VI.
The consuls and vice consuls respectively may establish a chancery,
where shall be deposited the consular acts and deliberations, all
effects left by deceased persons, or saved from shipwreck, as well as
testaments, obligations, contracts, and, in general, all the acts and
proceedings done between, or by, persons of their nations.
They may, in consequence, appoint for the _business_ of the said
chancery capable persons, receive them, administer an oath to them,
give to them the keeping of the seal, and the right of seal,
commissions, judgments, and other acts of the consulate, as well as
there to discharge the functions of notaries and registers.
ARTICLE VII.
The consuls and vice consuls respectively shall have the exclusive
right of receiving in their chancery, or on board of vessels, the
declarations and all other acts, which the captains, masters, seamen,
passengers, and merchants of their nation would make there, even their
testaments and other dispositions of last will, and the copies of the
said acts duly authenticated by the said consuls, or vice consuls, and
under the seal of their consulate shall receive faith in law in all
the tribunals of France and the United States.
They shall have also, and exclusively, the right to inventory,
liquidate, and proceed to the sale of the moveable effects of the
estates left by subjects of their nation who shall die within the
extent of the consulate. They shall proceed therein with the
assistance of two merchants of their said nation, of their own
choosing, and shall deposit in their chancery the effects and papers
of the said estates, and no officer, military or civil, or of the
police of the country, shall trouble them or interfere therein, in any
manner whatsoever; but the said consuls and vice consuls shall not
deliver up the same and their product to the lawful heirs, or _their
attornies_, until they shall have discharged all the debts, which the
deceased shall have contracted in the country, by judgment, by acts,
or by notes, the writing and signing of which shall be known and
certified by two principal merchants of the nation of the said
deceased, and in all other cases the payment of debts cannot be
ordered but on the creditor's giving sufficient and local security to
repay the sums unduly received, principal, interest, and costs, which
securities, however, shall remain duly discharged after a year in time
of peace, and two years in time of war, if the demand in discharge
cannot be formed before these delays, against the heirs who shall
present themselves.
ARTICLE VIII.
The respective consuls and vice consuls shall receive the
declarations, "_consulats_," and other consular acts from all captains
and masters of their respective nations on account of average losses
sustained at sea by leakage, or throwing merchandises overboard, and
these captains and masters shall leave in the chancery of the said
consuls and vice consuls, the "consulats," and other consular acts,
which they may have had made in other ports on account of the
accidents, that may have happened to them on their voyage. If a
subject of His Most Christian Majesty and a citizen of the United
States are interested in the said cargo, the average shall be fixed by
the tribunals of the country, and not by the consuls or vice consuls;
and the tribunals shall admit the acts and declarations; if any should
have been passed before the said consuls and vice consuls; but when
only the subjects of their own nation, or foreigners, shall be
interested, the respective consuls or vice consuls, and in case of
their absence or distance, their agents furnished with their
commission, shall officially nominate skilful persons of their said
nation to regulate the damages and averages.
ARTICLE IX.
In case, by storms or other accidents, French ships or vessels shall
run ashore on the coasts of the United States, or the ships and
vessels of the United States shall run ashore on the coasts of France,
the consul or vice consul nearest to the place of shipwreck shall do
whatever he may judge proper, as well for the purpose of saving the
said ship or vessel, its cargo and appurtenances, as for the storing
and security of the effects and merchandise saved. He may take an
inventory, without any officers military, of the custom house,
justices, or the police of the country interfering, otherwise than to
facilitate to the consuls, vice consuls, captain and crew of the
vessel shipwrecked, or run ashore, all the assistance and favor, which
they shall ask, either for the celerity and security of the salvage
and effects saved, or to prevent all disturbances.