over the reasons contained in my letter of the 22d instant to you, urging strongly the four first, but passing gently over the rest. Upon the third, it was to be obser ved, that the mode of expression "before her Majesty had acknowledged the independence of America," seemed to lead beside the matter. That there was no question in the acknowledgment of that independence. The only question was, whether her Majesty would receive a Minister from the United States, who now presents himself. The United States do not ask the acknowledgment of their independence, nor have they a wish, nor do they claim a right to impose their Minister upon any Sovereign. Every Sovereign will judge, whether it is for the interest of his empire to receive the Minister of another, and may do this without deciding upon the perfect rights of that other. This is rather what I would have said, than what I did say upon that point. I could not fully advance the idea, as he several times prevented me, by returning to the matter he had before spoken upon, as if he saw what I intended to say and wished to avoid it. The fourth and last point was chiefly answered by the arguments used upon the first. I did not, however, forget the distance of the countries as the only probable cause of that delay.

Thus, Sir, I have given you a clear idea of a conference, which rests wholly upon my memory, and which had continued an hour wanting a few minutes, as far as I am able to do. Other arguments occurred to me in the time, which might have been urged, but I was apprehensive of obtruding too much upon the patience of the Vice Chancellor, whose view it must be considered was rather to communicate the answer, than to discuss the points of it.

I have the honor to be, &c.

FRANCIS DANA.

48. From David Hartley to Benjamin Franklin.

Defects of form in the ratification of the treaty by Congress.

Paris, June 1, 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, &c.

DAVID HARTLEY.

45. B. Franklin to David Hartley.

Answers to Objections made in the preceding Letter.

Passy, June 2, 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 knew ye, that we, the United States in Congress assembled, having seen and considered the definitive articles aforesaid, have approved, ratified and confirmed, and by the 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, considered, m ay 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 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 net 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 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." 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 and eighty-four," which made the figures unnecessary. With grea t esteem and respect, &c. B. FRANKLIN.

50. Extract from the Secret Journal of Foreign Affairs, touching an insult offered Monsieur de Marbois. A letter from the Supreme Executive Council of Pennsylvania was read in the following words:

His Excellency the president of Congress.

Philadelphia, May 28th, 1784. Sir, some days ago an insult was offered by a Frenchman [Longchamps] to M. de Marbois, in the hotel of the Minister of France; and afterwards an assault was made upon him by the same person in a street of this city. The offender has been arrested by our direction, under the warrant of a judge of the Supreme Court, and is now confined in the common prison, where we have ordered him to be detained. Our respect for Congress induces us to inform them of this affair; and we should have done ourselves the honor of making the communication sooner, but that the criminal was not in confinement till yesterday. We should be much pleased to be favored with the sentiments of Congress upon this business, being extremely desirous that our proceedings may correspond with their judgement, and to testify our determined resolution with all our powers to maintain the dignity of the United States, to preserve the public repose, to assert the law of nations, and to manifest our entire regard for the representatives of the sovereignty of the Union. With perfect esteem, J. DICKINSON.

Whereupon the following was moved by Mr Hand, seconded by Mr Montgomery:

That Congress highly approve the determined resolution of the Supreme Executive Council of the State of Pennsylvania to maintain the dignity of the United States, to preserve the public repose, to assert the law of nations, and manifest their entire regard for the representatives of the sovereignty of the Union, expressed by their letter of the 28th instant."

Paris, Oct. 11 1785. Sir, Considering the treaty with Portugal as among the most interesting to the U. S. I, some time ago, took occasion, at Versailles, to ask of the Portuguese Ambassador, if he had yet received from his Court an answer to our letter. He told me he had not, but that he would make it the subject of another etter. Two days ago his Secretaire d'Ambassade, called on me with a letter from his Minister to the Ambassador, in which was the following paragraph, as he translated it to me, and I committed it to writing from his mouth: "In relation to the information

which your Excellency gave us, as to the conversation with the American Minister, that power should be already persuaded, that in effect from the manner in which their ships have been received here, it follows as a consequence, that his Majesty would have great satisfaction, in maintaining perfect harmony and good correspondence, with the United States. But it would appear proper to begin by the reciprocal nomination, by the two parties, of persons bearing at least the character of agents, who would mutually inform their constituents, of whatever might lead to the knowledge of the interests of the two nations, without prejudice to either. It is the first step which appears suitable to be taken, to attain the end proposed."

By this it would seem that this power is more disposed to persue a train of negociation similar to that which Spain has done. I consider this answer as definitive of all further measures under our commission to Portugal. That to Spain was superseded by proceedings in another line; that to Prussia is concluded by actual treaty; to Tuscany will probably be so; and perhaps to Denmark; and these, I believe, will be the sum of the effects of our commissions for making treaties of alliance. England shews no disposition to treat. France, should her ministers be able to keep the ground of the arret of August, 1784,against the clamors of her merchants, and should they be disposed hereafter to give us more, it is not probable she will bind herself to it by treaty, but keep her regulations dependent on her own will.

Sweden will establish a free port at St. Bartholomews, which, perhaps, will render any new engagements on our part unnecessary. Holland is so immovable in her system of colonial administration, that as propositions to her on that subject would be desperate, they had better not be made.

I repeat it, therefore, that the conclusion of the treaty with Prussia, and the probability of others with Denmark, Tuscany, and the Barbary States, may be expected to wind up the proceedings of the general commissions.

I think that in possible events, it may be advantageous to us, by treaties with Prussia, Denmark and Tuscany, to have secured ports in the Northern and MediI have the honor to be, &c. TH: JEFFERSON

terranean seas.

Paris, November 20th, 1785. Sir, I found here, on my return from Fontainebleau, the letter of October 30th, which your Excellency did me the honor there of informing me, had been addressed to me at this place; and I shall avail myself of the first occasion of transmitting it to Congress, who will receive, with great pleasure, these new assurances of the friendly sentiments, which his Majesty is pleased to continue towards the United States.

I am equally persuaded they will pay the most serious attention to that part of your Excellency's letter, which mentions the information you have received, of certain acts or regulations of navigation and commerce, passed in some of the United States, which are injurious to the commerce of France. In the meantime, I wish to remove the unfavorable impressions which those acts seems to have made, as if they were a departure from the reciprocity of conduct stipulated by the treaty of Feb'y 6th, 1778. The effect of that treaty is to place each party, with the other,

always on the footing of the most favored nation. But those who framed the acts, probably, did not consider the treaty as restraining either from discriminating bo tween foreigners and natives. Yet this is the sole effect of these acts. The same opinion as to the meaning of the treaty, seems to have been entertained by this Government, both before and since the date of these acts. For the arret of the King's Council, of August 30th, 1784, furnishes an example of such a discrimination between foreigners and natives importing salted fish into his Majesty's dominions in the West Indies, by laying a duty on that imported by foreigners, and giving out the same bounty to native importers. This opinion shews itself more remarkably in the late arrets of the 18th and 25th of September, which, increasing to excess the duty on foreign importations of fish, into the West Indies, giving double in bounty on those of the natives, and thereby rendering it impossible for the former to sell in competition with the latter, have, in effect, prohibited the importation of that article, by the citizens of the United States.

Both nations, perhaps, may come into the opinion that their friendship and their interest may be better eemented by approaching the condition of their citizens reciprocally, to that of natives, as a better ground of intercourse than that of the most favored nation. I am, &c. TH: JEFFERSON.

53. From the Chevalier de la Luzerne to the President of Congress

Luzerne's Recall.

Paris, 1787. The king having thought proper to destine me to another service than that of Minister Plenipotentiary near Congress, I have the honor of addressing to you my letter of recall, and of requesting that it may be presented to that assembly.

The advantage which I enjoyed for six years, of negotiating upon the greatest and most important affairs with Congress, an intimate knowledge of those great statesmen and patriots, who successively composed that illustrious body, are sure guarantees of the respect and admiration which I entertain for them.

I shall never forget that the most pleasing moments of my life, have been those, when charged with the management of the interests of the two great allies, I have been so fortunate as to see constantly, the most perfect confidence and harmony prevail. Prosperity as well as adversity have served to bind still closer the ties of our union, founded on justice; and what has perhaps never happened before in an alliance of this nature, not for a single moment has a coolness or uneasiness existed; but it has been crowned by the most brilliant, the most glorious, and the most useful of revolutions. Never shall I forget the marks of personal confidence, which I have received from Congress on various occasions. Absent from them, I console myself with the reflection, that my successor, by his zeal and talents, will casily place my feeble services in oblivion.

Condescend, sir, to be the interpreter of my sentiments to that illustrious assembly, over which you preside, my unceasing prayers shall henceforth be offered up for a nation, whose firmness and patriotism have caused the admiration of the universe. Accept, sir, individually, &c. DE LA LUZERNE.