Chapter D: Hartley

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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.

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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.

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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.

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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.

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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.

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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.

To prevent even any kind of dispute and discussion in the said cases of shipwreck, it has been agreed that where no consul or vice consul shall be found to attend to the salvage, or that the residence of the said consul or vice consul, (he not being at the place of shipwreck) shall be further distant from the said place than that of the competent territorial judge, the latter shall immediately there proceed therein with all the celerity, safety, and precautions prescribed by the respective laws; but the said territorial judge shall retire on the coming of the consul or vice consul, and shall resign to him the procedures by him done, the expenses of which the consul or vice consul shall cause to be reimbursed to him.

The merchandise and effects saved shall be deposited in the custom house, or other nearest place of safety, with the inventory of them, which shall be made by the consul or vice consul, or in their absence by the judge who shall have had cognizance thereof, and the said merchandises and effects shall be afterwards delivered, after levying therefrom the costs, and without form of process to the proprietors, who being furnished with a _replevy_ from the nearest consul or vice consul, shall reclaim them by themselves, or their attornies, either for the purpose of re-exporting the merchandises, and in that case they shall pay no kind of duties of exportation, or for the purpose of selling them in the country if they are not prohibited; and in this latter case, the said merchandises being averaged, there shall be granted them an abatement of the entrance duties proportioned to the damages sustained, which shall be ascertained by the _verbal process_ formed at the time of the shipwreck, or of the vessels running ashore.

ARTICLE X.

The consuls and vice consuls shall have, on board of the vessels of their respective nations, full power and jurisdiction in matters civil. They shall cause to be executed the respective laws, ordinances, and rules concerning navigation, on board the said vessels, and for this purpose, they shall go there without being interrupted by any officer or other person whatsoever.

They may cause to be arrested every vessel carrying the flag of their respective nation. They may sequester them, and even send them back respectively, from the United States to France, or from France to the United States. They may cause to be arrested without difficulty, every captain, master, sailor, or passenger of their said respective nation.

They may cause to be arrested or detained in the country the sailors and deserters of their respective nations, or send them back, or transport them out of the country.

It shall be sufficient proof, that the sailors and deserters belong to one of the respective nations, that their names be written in the ships' registers, or inserted in the roll of the crew.

One and the other of these proofs concerning sailors and deserters being thus given, no tribunals, judges, and officers whatsoever shall in any manner whatever take cognizance of the complaints, which the said sailors and deserters may make, but they shall, on the contrary, be delivered up on an order signed by the consul, or vice consul, without its being in any one's power in any manner to detain, engage, or withdraw them. And to attain to the complete execution of the arrangements contained in this article, all persons having authority shall be bound to assist the said consuls or vice consuls, and, on a simple requisition signed by them, they shall cause to be detained and guarded in prison at the disposal and expense of the said consuls and vice consuls the said sailors and deserters, until they shall have an opportunity to send them out of the country.

ARTICLE XI.

In cases where the respective subjects shall have committed any crime, they shall be amenable to the judges of the country.

ARTICLE XII.

All differences and suits between the subjects of His Most Christian Majesty settled in the United States, or between the citizens and subjects of the United States settled in France, and all differences and suits concerning commerce between the subjects of His Most Christian Majesty, and one of the parties residing in France or elsewhere, and the other in the United States, or between the citizens and subjects of the United States, one of the parties residing in the United States, or elsewhere, and the other in France, shall be determined by the respective consuls, either by a reference to arbitration, or by a summary judgment, and without costs.

No officer, civil or military, shall interfere or take any part whatever in the affair. Appeals shall be carried before the tribunals of France, or the United States, to whom it may appertain to take cognizance thereof. The consuls or vice consuls shall not take cognizance of disputes or differences, which shall arise betwixt a subject of His Most Christian Majesty and a citizen of the United States. But the said disputes shall be brought before the tribunals, to which the defendant shall be amenable.

ARTICLE XIII.

The general utility of commerce having caused to be established in France tribunals and particular forms to accelerate the decision of commercial affairs, the merchants of the United States shall enjoy the benefit of these establishments in France, and the Congress of the United States shall recommend to the Legislatures of the different States to provide equivalent advantages, in favor of the French merchants, for the prompt despatch and decision of affairs of the same nature.

ARTICLE XIV.

The subjects of His Most Christian Majesty and those of the United States, who shall prove that they belong to the body of the respective nations, by the certificate of the consul or vice consul of the district, mentioning their names, surnames, and place of their settlement, as inscribed in the register of the consulate, shall not lose, for any cause whatever in the respective domains and States, the quality of subjects of the country of which they originally were, conformably to the eleventh article of the treaty of amity and commerce, of the 6th of February, 1778, of which the present article shall serve as an interpretation in case of necessity, and the said subjects respectively shall enjoy in consequence exemption from all personal service in the place of their settlement.

ARTICLE XV.

If any other nation acquires, by virtue of any convention whatever, either in France or in the United States, a treatment more favorable with respect to the consular pre-eminences, powers, authority, and privileges, the consuls, vice consuls, and agents of His Most Christian Majesty, or the United States, reciprocally shall participate therein, agreeably to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce, concluded between His Most Christian Majesty and the United States.

ARTICLE XVI.

The ratification of the present convention shall be given in proper form and exchanged on both sides, within the space of six months, or sooner if possible.

In faith whereof, we, the underwritten, Ministers Plenipotentiaries of His Most Christian Majesty, and the United States of North America, have signed the present convention, and have thereto affixed the seal of our arms.

Done at Versailles, the 29th of July, one thousand seven hundred and eightyfour.

GRAVIER DE VERGENNES.

B. FRANKLIN.

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TO COUNT DE MERCY ARGENTEAU.

Passy, July 30th, 1784.

Sir,

I have the honor to communicate to your Excellency an extract from the instructions of Congress to their late Commissioners for treating of peace, expressing their desire to cultivate the friendship of his Imperial Majesty, and to enter into a treaty of commerce for the mutual advantage of his subjects and the citizens of the United States, which I request you will be pleased to lay before his Majesty. The appointing and instructing Commissioners for treaties of commerce with the powers of Europe generally has, by various circumstances, been long delayed, but is now done, and I have just received advice, that Mr Jefferson, late Governor of Virginia, commissioned with Mr Adams, our Minister in Holland, and myself, for that service, is on his way hither, and may be expected by the end of August, when we shall be ready to enter into a treaty with his Imperial Majesty for the above purpose, if such should be his pleasure.

With great and sincere respect, &c.

B. FRANKLIN.

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COUNT DE MERCY ARGENTEAU TO B. FRANKLIN.

Translation.

Paris, July 30th, 1784.

Sir,

I have received the letter you did me the honor to write to me this morning, and I shall lose no time to transmit the contents to my Court.

The sentiments of the Emperor towards the United States of America make me foresee the satisfaction, which his Majesty will have to enter into reciprocal, suitable, and advantageous connexions with them. I have not the least doubt but that measures will be instantly taken on this subject to concert with you, Sir, and with the appointed Ministers Plenipotentiary, and as soon as the answer from my Court shall come, I shall instantly communicate it to you.

I have the honor to be, &c.

DE MERCY ARGENTEAU.

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COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, August 27th, 1784.

Sir,

You have communicated to me an extract from the instructions, which Congress addressed to you on the 11th of May last, which imports that the United States will in no case treat any other nation with respect to commerce more advantageously than the French. This disposition is much the wisest, as it will prevent those misunderstandings, which might arise from the equivocal terms in which the 2d article of the Treaty of Amity and Commerce, signed February 6th, 1778, is conceived. But that the resolution of Congress on this subject may be clearly stated, it would be best, Sir, that you furnish me with it in the form of a declaration, or at least in an official note, signed by yourself. I have no doubt that you will adopt one of these two forms.

I have the honor to be, &c.

DE VERGENNES.

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TO COUNT DE VERGENNES.

Passy, September 3d, 1784.

Sir,

I have the honor to transmit to your Excellency, by order of Congress, a resolution of theirs, dated the 11th of May last, which is in the words following, viz.

"_Resolved_, That Doctor Franklin be instructed to express to the Court of France, the constant desire of Congress to meet their wishes; that these States are about to form a general system of commerce, by treaties with other nations; that, at this time, they cannot foresee what claim might be given to those nations by the explanatory propositions from the Count de Vergennes, on the 2d and 3d articles of our Treaty of Amity and Commerce with His Most Christian Majesty, but that he may be assured it will be our constant care to place no people on more advantageous ground than the subjects of his Majesty."

With great respect, I am, &c.

B. FRANKLIN.

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COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, September 9th, 1784.

Sir,

I have received the letter, which you did me the honor to write me the 3d instant. You there declare in the name of Congress, that the United States will be careful not to treat any other nation, in matters of commerce, more advantageously than the French nation. This declaration, founded on the treaty of the 6th of February, 1778, has been very agreeable to the King; and you, Sir, can assure Congress, that the United States shall constantly experience a perfect reciprocity in France.

I have the honor to be, very sincerely, Sir, &c.

DE VERGENNES.

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COUNT DE MERCY ARGENTEAU TO B. FRANKLIN.

Translation.

Paris, September 28th, 1784.

Sir,

With respect to the proposition of the United States of America, that I forwarded to my Court, concerning the arrangements of commerce to be adopted by the respective dominions, I have received the order, Sir, which I have the honor to communicate to you, that his Majesty, the Emperor, has agreed to the said proposition, and that he has directed the Government General of the Low Countries to adopt measures to put it in execution.

When the particulars respecting this matter shall be sent to me, I shall instantly communicate them.

I avail myself of this opportunity to renew the assurances of the most perfect attachment, with which I have the honor to be, &c.

DE MERCY ARGENTEAU.

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TO CHARLES THOMPSON.

Passy, October 16th, 1784.

Dear Sir,

It was intended by the Commissioners to write a joint letter to Congress, but I am afraid the opportunity may be missed. This may serve to inform you, that propositions of treating have been made by us to all the powers of Europe according to our instructions, and we are waiting for their answers. There are apprehensions here of a war between the Emperor and Holland, but, as the season is not proper for opening a campaign, I hope the winter will give time for mediators to accommodate matters. We have not yet heard that Mr Jay has accepted the Secretaryship of Foreign Affairs.

I am ever, my dear friend, yours most affectionately,

B. FRANKLIN.

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TO CHARLES THOMPSON.

Passy, November 11th, 1784.

Dear Friend,

I received your kind letter of August 13th, with the papers annexed, relative to the affair of Longchamps. I hope satisfaction will be given to M. Marbois. The Commissioners have written a joint letter to Congress. This serves to cover a few papers relative to matters with which I was particularly charged in the instructions. I shall write to you fully by the next opportunity, having now only time to add, that I am, as ever,

Yours most affectionately,

B. FRANKLIN.

_P. S._ I executed the instructions of October 29th, 1783, as soon as I knew the commissions for treating with the Emperor, &c. were issued, which was not till July, 1784. The three letters between the Emperor's Minister and me are what passed on that occasion.

B. F.

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TO THE PRESIDENT OF CONGRESS.

Passy, February 8th, 1785.

Sir,

I received by the Marquis de Lafayette the two letters you did me the honor of writing to me the 11th and 14th of December, the one enclosing a letter from Congress to the King, the other a resolve of Congress respecting the convention for establishing consuls. The letter was immediately delivered and well received. The resolve came too late to suspend signing the convention, it having been done July last, and a copy sent so long since, that we now expected the ratification. As that copy seems to have miscarried I now send another.

I am not informed what objection has arisen in Congress to the plan sent me. Mr Jefferson thinks it may have been to the part, which restrained the consuls from all concern in commerce. That article was omitted, being thought unnecessary to be stipulated, since either party would always have the power of imposing such restraints on its own officers, whenever it should think fit. I am, however, of opinion that this or any other reasonable article or alteration may be obtained at the desire of Congress, and established by a supplement.

Permit me, Sir, to congratulate you on your being called to the high honor of presiding in our national councils, and to wish you every felicity, being with the most perfect esteem, &c.

B. FRANKLIN.

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TO THE PRESIDENT OF CONGRESS.

Passy, April 12th, 1785.

Sir,

M. de Chaumont, who will have the honor of presenting this line to your Excellency, is a young gentleman of excellent character, whose father was one of our most early friends in this country, which he manifested by crediting us with a thousand barrels of gunpowder and other military stores in 1776, before we had provided any apparent means of payment. He has, as I understand, some demands to make on Congress, the nature of which I am unacquainted with; but my regard for the family makes me wish, that they may obtain a speedy consideration, and such favorable issue as they may appear to merit.

To this end, I beg leave to recommend him to your countenance and protection, and am, with great respect, &c.

B. FRANKLIN.

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TO COUNT DE VERGENNES.

Passy, May 3d, 1785.

Sir,

I have the honor to acquaint your Excellency, that I have at length obtained, and yesterday received, the permission of Congress to return to America. As my malady makes it impracticable for me to pay my devoirs at Versailles personally, may I beg the favor of you, Sir, to express respectfully for me to his Majesty, the deep sense I have of all the inestimable benefits his goodness has conferred on my country; a sentiment that it will be the business of the little remainder of life now left me, to impress equally on the minds of all my countrymen. My sincere prayers are, that God may shower down his blessings on the King, the Queen, their children, and all the royal family, to the latest generations!

Permit me, at the same time, to offer you my thankful acknowledgments for the protection and countenance you afforded me at my arrival, and your many favors during my residence here, of which I shall always retain the most grateful remembrance.

My grandson would have had the honor of waiting on you with this letter, but he has been some time ill of a fever.

With the greatest esteem and respect, and best wishes for the constant prosperity of yourself, and all your amiable family, I am, Sir, your Excellency's most obedient and most humble servant,

B. FRANKLIN.

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