Chapter C: J. Fox (2)

You have complained, sometimes with reason, of not hearing from your Foreign Ministers; we have had cause to make the same complaint, six full months having intervened between the latest date of your preceding letters and the receipt of those by Captain Barney. During all this time we were ignorant of the reception of the Provisional Treaty, and the sentiments of Congress upon it, which, if we had received sooner, might have forwarded the proceedings on the Definitive Treaty, and, perhaps, brought them to a conclusion, at a time more favorable than the present. But these occasional interruptions of correspondence are the inevitable consequences of a state of war, and of such remote situations. Barney had a short passage, and arrived some days before Colonel Ogden, who also brought despatches from you, all of which are come safe to hand. We, the Commissioners, have in our joint capacity written a letter to you, which you will receive with this.

I shall now answer yours of March the 26th, May the 9th, and May the 31st.

It gave me great pleasure to learn by the first, that the news of peace diffused general satisfaction. I will not now take it upon me to justify the apparent reserve, respecting this Court, at the signature, which you disapprove. We have touched upon it in our general letter. I do not see, however, that they have much reason to complain of that transaction. Nothing was stipulated to their prejudice, and none of the stipulations were to have force, but by a subsequent act of their own. I suppose, indeed, that they have not complained of it, or you would have sent us a copy of the complaint, that we might have answered it. I long since satisfied Count de Vergennes about it here. We did what appeared to all of us best at the time, and if we have done wrong, the Congress will do right, after hearing us, to censure us. Their nomination of five persons to the service seems to mark, that they had some dependence on our joint judgment, since one alone could have made a treaty by direction of the French Ministry as well as twenty.

I will only add, that with respect to myself, neither the letter from M. Marbois, handed us through the British negotiators, (a suspicious channel) nor the conversations respecting the fishery, the boundaries, the royalists, &c. recommending moderation in our demands, are of weight sufficient in my mind to fix an opinion, that this Court wished to restrain us, in obtaining any degree of advantage we could prevail on our enemies to accord, since those discourses are fairly resolvable, by supposing a very natural apprehension, that we, relying too much on the ability of France to continue the war in our favor, and supply us constantly with money, might insist on more advantages than the English would be willing to grant, and thereby lose the opportunity of making peace, so necessary to all our friends.

I ought not, however, to conceal from you, that one of my colleagues is of a very different opinion from me in these matters. He thinks the French Minister one of the greatest enemies of our country, that he would have straitened our boundaries, to prevent the growth of our people; contracted our fishery, to obstruct the increase of our seamen; and retained the royalists among us, to keep us divided; that he privately opposes all our negotiations with foreign Courts, and afforded us, during the war, the assistance we received only to keep it alive, that we might be so much the more weakened by it; that to think of gratitude to France is the greatest of follies, and that to be influenced by it would ruin us. He makes no secret of his having these opinions, expresses them publicly, sometimes in presence of the English Ministers, and speaks of hundreds of instances which he could produce in proof of them. None, however, have yet appeared to me, unless the conversations and letter abovementioned are reckoned such.

If I were not convinced of the real inability of this Court to furnish the further supplies we asked, I should suspect these discourses of a person in his station might have influenced the refusal, but I think they have gone no further than to occasion a suspicion, that we have a considerable party of antigallicans in America, who are not tories, and consequently, to produce some doubts of the continuance of our friendship. As such doubts may hereafter have a bad effect, I think we cannot take too much care to remove them; and it is, therefore, I write this to put you on your guard, (believing it my duty, though I know that I hazard by it a mortal enmity) and to caution you respecting the insinuations of this gentleman against this Court, and the instances he supposes of their ill will to us, which I take to be as imaginary as I know his fancies to be, that Count de Vergennes and myself are continually plotting against him, and employing the newswriters of Europe to depreciate his character, &c. But as Shakspeare says, "Trifles light as air," &c. I am persuaded, however, that he means well for his country, is always an honest man, often a wise one, but sometimes, and in some things, absolutely out of his senses.

When the commercial article, mentioned in yours of the 26th, was struck out of our proposed preliminaries by the British Ministry, the reason given was, that sundry acts of Parliament still in force were against it, and must be first repealed, which I believe was really their intention, and sundry bills were accordingly brought in for that purpose; but new Ministers with different principles succeeding, a commercial proclamation totally different from those bills has lately appeared. I send enclosed a copy of it. We shall try what can be done in the Definitive Treaty towards setting aside that proclamation, but if it should be persisted in, it will then be a matter worthy the attentive discussion of Congress, whether it will be most prudent to retort with a similar regulation in order to force its repeal, (which may possibly tend to bring on another quarrel) or to let it pass without notice, and leave it to its own inconvenience, or rather impracticability in the execution, and to the complaints of the West India planters, who must all pay much dearer for our produce under those restrictions.

I am not enough master of the course of our commerce to give an opinion on this particular question, and it does not behove me to do it; yet I have seen so much embarrassment and so little advantage in all the restraining and compulsive systems, that I feel myself strongly inclined to believe, that a State, which leaves all her ports open to all the world upon equal terms, will, by that means, have foreign commodities cheaper, sell its own productions dearer, and be on the whole the most prosperous. I have heard some merchants say, that there is ten per cent difference between _Will you buy?_ and _Will you sell?_ When foreigners bring us their goods, they want to part with them speedily, that they may purchase their cargoes and despatch their ships, which are at constant charges in our ports; we have then the advantage of their _Will you buy?_ And when they demand our produce, we have the advantage of their _Will you sell?_ And the concurring demands of a number also contribute to raise our prices. Thus both those questions are in our favor at home, against us abroad.

The employing, however, of our own ships and raising a breed of seamen among us, though it should not be a matter of so much private profit as some imagine, is nevertheless of political importance, and must have weight in considering this subject.

The judgment you make of the conduct of France in the peace, and the greater glory acquired by her moderation than even by her arms, appears to me perfectly just. The character of this Court and nation seems, of late years, to be considerably changed. The ideas of aggrandisement by conquest are out of fashion, and those of commerce are more enlightened and more generous than heretofore. We shall soon, I believe, feel something of this in our being admitted to a greater freedom of trade with their Islands. The wise here think France great enough; and its ambition at present seems to be only that of justice and magnanimity towards other nations, fidelity and utility to its allies.

The Ambassador of Portugal was much pleased with the proceedings relating to their vessel, which you sent me, and assures me they will have a good effect at his Court. He appears extremely desirous of a treaty with our States; I have accordingly proposed to him the plan of one (nearly the same with that sent me for Sweden) and after my agreeing to some alterations, he has sent it to his Court for approbation. He told me at Versailles, last Tuesday, that he expected its return to him on Saturday next, and anxiously desired that I would not despatch our packet without it, that Congress might consider it, and, if approved, send a commission to me or some other Minister to sign it.

I venture to go thus far in treating, on the authority only of a kind of general power, given formerly by a resolution of Congress to Messrs Franklin, Deane, and Lee; but a special commission seems more proper to complete a treaty, and more agreeable to the usual forms of such business.

I am in just the same situation with Denmark; that Court by its Minister here has desired a treaty with us. I have proposed a plan formed on that sent me for Sweden; it has been under consideration some time at Copenhagen, and is expected here this week, so that I may possibly send that also by this conveyance. You will have seen by my letter to the Danish Prime Minister, that I did not forget the affair of the prizes. What I then wrote, produced a verbal offer made me here, of £10,000 sterling, proposed to be given by his Majesty to the captors, if I would accept it as a full discharge of our demand. I could not do this, I said, because it was not more than a fifth part of the estimated value. In answer, I was told that the estimation was probably extravagant, that it would be difficult to come at the knowledge of their true value, and that whatever they might be worth in themselves, they should not be estimated as of such value to us when at Bergen, since the English probably watched them, and might have retaken them in their way to America; at least, they were at the common risk of the seas and enemies, and the insurance was a considerable drawback; that this sum might be considered as so much saved for us by the King's interference; for that if the English claimants had been suffered to carry the cause into the common courts, they must have recovered the prizes by the laws of Denmark; it was added, that the King's honor was concerned, that he sincerely desired our friendship, but he would avoid, by giving this sum in the form of a present to the captors, the appearance of its being exacted from him as the reparation of an injury, when it was really intended rather as a proof of his strong disposition to cultivate a good understanding with us.

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.

Her Most Faithful Majesty, the Queen of Portugal and Algarva, and the United States of North America, agree that the present treaty shall be in full force, reckoning from the date of its ratification, and the two contracting parties reciprocally promise to observe it exactly.

* * * * *

FROM THE POPE'S NUNCIO TO B. FRANKLIN.

Translation.

The Apostolical Nuncio has the honor to send Mr Franklin the enclosed note, which he requests he will be pleased to forward to the Congress of the United States of North America, and support it with his credit.

July 28th, 1783.

NOTE.

Before the revolution, which has just been completed in North America, the Catholics and missionaries of those provinces depended, as to their spiritual concerns, on the Apostolical Vicar, resident in London. It is well known that this arrangement can no longer exist; but as it is essential that the Catholic subjects of the United States should have an ecclesiastic to govern them in their religious concerns, the congregation _de Propagandâ Fide_ existing at Rome for the establishment and conservation of missions, has come to the determination of proposing to Congress to establish, in some city of the United States of North America, one of their Catholic subjects, with the powers of Apostolical Vicar, and in the character of Bishop, or simply in quality of Apostolical Prefect.

The establishment of an Apostolical Vicar Bishop appears the most eligible, the more so as the Catholic subjects of the United States would find themselves in a situation to receive confirmation and orders in their own country, without being obliged to go for that purpose to the country of a foreign power. And as it might sometimes happen, that among the subjects of the United States, there might be no person in a situation to be charged with the spiritual government, either as Bishop or Apostolical Prefect, it would be necessary, in such circumstances, that Congress should consent to choose him from among the subjects of a foreign nation the most friendly with the United States.

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TO COUNT DE VERGENNES.

Passy, August 16th, 1783.

Sir,

I have the honor to inform your Excellency, that the English Ministry do not agree to any of the propositions that have been made, either by us or by their Minister here; and they have sent over a plan for the definitive treaty, which consists merely of the preliminaries formerly signed, with a short introductory paragraph, and another at the conclusion, confirming and establishing the said preliminary articles. My colleagues seem inclined to sign this with Mr Hartley, and so to finish the affair.

I am, with respect, Sir, your Excellency's, &c.

B. FRANKLIN.

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