Title: The American Commissioners to the Duke of Dorset, 28 October 1784
From: American Commissioners,Adams, John,Franklin, Benjamin,Jefferson, Thomas
To: Dorset, John Frederick Sackville, third Duke of

          My Lord Duke.
          Passy near Paris Octr. 28 1784.

        The United States of america in Congress assembled judging that an intercourse between the Subjects of his Britannic Majesty & the Citizens of the Said States founded on the Principles of equality, reciprocity & friendship may be of mutual advantage to both nations, on the 12th. day of may last, issued their Commission under the Seal of the Said States to the Subscribers as their Ministers plenipotentiary, giving to them or the majority of them full power & authority, for them the Said States & in their name, to confer treat & negotiate With the ambassador, Minister or Commissioner of His

Said Britannic Majesty vested With full & Sufficient powers, of & concerning a Treaty of amity & commere, to make, & receive propositions for Such treaty & to conclude & Sign the Same, transmitting it to the Said United States in Congress assembled for their final ratification
        Of the receipt of these powers and of our being ready to enter on the execution of them We gave information to Mr: Hartley Who had been appointed on the part of his Britannic Majesty to treat, on the Same Subjects With the Ministers of the United States, and We received through him assurances from his court of their ready & friendly disposition to receive proposals from the united States for the forming Such regulations as might tend to the mutual & reciprocal advantage of both countries the Subsequent return of this Minister to London renders it proper for us to repeat to your Excellency these Communications, to express to you the Satisfaction With Which, We have received assurances of the friendly Disposition of the Court of London, and to inform you that we Shall be ready to make proposals on our part so Soon as they shall be pleased to advise us of the person tho whom they would chuse to have them addressed. With great respect we have the honour to be / Your Excellencys / most obedient & most / humble Servants

          Joh AdamsB. FranklinS. Jefferson


Title: The American Commissioners to the Duke of Dorset, 28 October 1784
From: American Commissioners,Adams, John,Franklin, Benjamin,Jefferson, Thomas
To: Dorset, John Frederick Sackville, third Duke of

          Mylord Duke
          Passy octr. 28th. 1784.

        While M. hartley was here as Minister from the Court of Great Britain, we had the honour of mentioning to him that we were

instructed by the Congress to treat on Some points distinct from any regulations of Commerce He Communicated this to his Court & the very Satisfactory answer which he received & made to us of its good disposition & willingness to receive & consider any propositions that might tend to promote and Secure a good understanding between the two countries confirm us in the opinion that those we have to make will be readily taken in to consideration.— For that purpose we now Communicate them to your Excellency as follows,
        In the Preliminaries of Peace between England & France Signed on the 20th. of January 1783 and acceded to the Same day by the Ministers of the United States, the clause relative to captures is in these words voz “Les vaisseaux et effets qui pourroient être pris dans la manche, et dans les Mers du Nord, après l’espace de 12 jours à compter depuis la ratification des présens articles préliminaires, Seront de part et d’autre restitués, que le terme Sera d’un mois depuis la manche et les mers du Nord jusqu’aux Isles Canaries inclusivement Soit dans l’Océan, Soit dans la méditerannée; de deux mois depuis les dites Isles Canaries jusqu’à la ligne equinoctiale ou l’Equateur; et Enfin de Cinq mois dans tous les autres Endroits du Monde, Sans aucune Exception, ni autre description plus particuliere de tems et de lieux”— on this article Some doubts have arisen, and the Final decision of Sundry captures & questions of Insurance have been Suspended till those doubts should be obviated. This may be done we think by agreeing to invert the words, Jusqu’à la latitude des Isles Canaries, instead of Jusqu’aux Isles Canaries, and also the Words depuis la latitude des dittes Isles Canaries instead of depuis les dittes Isles Canaries; it being apparent From the mention of the Mediterranean as in the Same Stage with the Canaries and of the Equinoctial Line as the next Stage, that the line of Latitude of the Canaries was intended
        The fourth article of the definitive Treaty declares it to be agreed that the Creditors on either Side Shall meet with no legal impediment to the recovery of the full value in Sterling money of all bona fide debts heretofore contracted.
        It is undoubtedly just that Law should rather aid than impede the execution of bona Fide Contracts; but there are Some unusual circumstances attending the English debts in america contracted prior to the war, that Seem to merit consideration, and to Show the reasonableness & utility of explaining & modifying that article, by

Some provisions which we have to propose that may make the Collection of Such debts more practicable & more advantageous to the Creditors as well as debtors than the methods that are otherwise Likely to be pursued
        We have further to propose that provision Should be speedily made for the Satisfaction of the masters whose negroes were Carried away with other property, contrary to the Express Stipulations of the 7th. article of the treaty and Farther we propose that measures be taken For liquidating the charges of Prisoners of War on Both Sides, in order to payment of the Balance.
        We apprehend that a Fair equitable & Friendly discussion & adjustment of theses matters may contribute mach to a Future good understanding & amity between the two Countries— With that view we have Stated them—& Shall hold ourselves ready to meet & confer thereon with any Minister authorized by your Court for the purpose; and are with great esteem & respect / Your Excellencys / most obedient, & most humble / Servants.

          John AdamsB. Franklin.T. Jefferson.


Title: Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje to John Adams, 28 October 1784
From: Willink, Van Staphorst, and De la Lande & Fynje
To: Adams, John

          Sir,
          Amsterdam the. 28 October 1784.

        We received your Excellency’s most Esteemed Favoúr of the 10th. Instt. which advice ús that Mr. Jefferson having Orders from Congress to receive a Súm of Money in Europe, your Excelly. had furnish’d a draft upon ús in his favoúr of ƒ6000:—:— to which due honoúr is paid—. The Same reception will meet your Excellys. draft on ús of £1000.— in favoúr of Collo. Humphriys Secretary as there is a Sufficient Sum of Money in Cash—.
        We received the receit of Mr. van den Yver of the £4800.— paid to your Excelly. Son, and We’ll charge it to the account of the States as part of yoúr Excelly. Salary—.
        We have the Honoúr to remain very respectfúlly. / Sir / Your Excellys. most Obednt. / Most Humble Servants

          Wilhem & Jan WillinkNics. & Jacob van Staphorst.de la Lande & fÿnje

          if your Excellency is pleased to dispose the £1000— st we pray to apply to messrs. Van den Yver freres, who we charged to make the payment to your satisfaction.
          The Lotery has been drawn according to your Excellency’s order and the payment shall be also performed.
          We Long extreemly for letters of his Excelly Robt. Morris Esqr. and the ratification of Congress of this second Loan since we Continue Without any Notice from his part.


Title: David Humphreys’ Memorandum to the American Commissioners, 30 October 1784
From: Humphreys, David
To: American Commissioners

          Paris Octobr. 30. 1784

        The Secretary of the Commission by appointment waited on the Duke of Dorset & delivered to him two Letters from the American Ministers dated the 28th instant: whereupon the British Ambassador

desired Mr Humphreys to inform the Ministers of the United States, “that being entirely unacquainted with the negotiations proposed through Mr Hartley to the Court of London, he could say nothing on that subject except that he would write concerning it to his Court— With respect to the explanations & arrangements suggested in the other Letter (which he would also transmit) he did not doubt but that whatever was equitable would be done— in the meantime he wished the American Plenipotentiaries to be informed that he would make them acquainted with the result so soon as he should receive the necessary instructions—” The foregoing is the purport of the verbal Answer of the Duke of Dorset according to the best of my recollection

          D Humphreys


Title: John Adams to C. W. F. Dumas, 3 November 1784
From: Adams, John
To: Dumas, C. W. F.

          Sir
          Auteuil near Paris Novr: 3. 1784.

        I have received your favour of the 26. Octr: with the seven Questions inclosed. I have answered these Questions to the best of my Judgment, believing it to be my Duty to give to my enquiring Countrymen, all the satisfaction in my Power upon such occasions. I should wish too to gratify the Dutch merchants, and all others as far as I can in Character. But we must above all Things have the utmost Caution, that We do not involve the United States in quarrels which are not their own. We can give no Countenance whatever to any kind of Fraud or Collusion. or to any false or suspicious Papers. the United States will Protect their own Flagg and the Rights Liberties and Properties of their own Citizens But they can go no farther. If we could assist any Man in Europe, in this way, we ought surely to do it, for Messieurs Willinks, and if we refuse it to them certainly no others can complain. Although these Gentlemen, are in so high a Trust under the United States, I cannot think them entitled to the Character of Citizens or Inhabitants, and therefore should not think myself safe in giving them American Papers, for their Vessels.
        I hope the Certificate you have given to Captain Veder may answer the End, & in the present unexpected Circumstances of the War or at least Danger of War, I should not venture to advise you, not to give others in clear Cases. They may do much good and save to Merhants and Masters of Vessels much Trouble, and Expence, and I cannot foresee any Evil, they can do. But if any such Certificate should be disputed and examined it will be found null.
        You will continue to write all to Congress and you will soon I hope receive their Commands.
        With great Esteem &ca


Title: John Adams to Elbridge Gerry, 4 November 1784
From: Adams, John
To: Gerry, Elbridge

          My dear Friend.
          Auteuil near Paris Nov. 4. 1784

        We are going on, with as much dispatch as the Nature of our Business will admit of, and We proceed with wonderful Harmony,

good Humour and Unanimity. The Dr, is confined to his House and Garden by the Stone as he thinks. He has not been farther from Home, than my House at Auteuil which is within a mile of his, for these twelve months. He cannot ride in a Carriage, because the motion of that machine in the Posture in which he must sit gives him too much pain, and makes him void blood. He cannot walk out, nor in the House without Suffering as I am told. All these Things considered, We are obliged to conduct all our Negotiations at Passy. There is Some Reason to think that Spain, will urge Us to go to Madrid. The Dr cannot go, and the Journey would be horrible to Mr Jefferson and me. We cannot go before the other Business is finished here, which will take up the two Years probably. Besides Congress have pinched Us, in our Salaries to Such a degree, that it is impossible for Us to bear double Expences. indeed it is impossible for Us to See any Company or to live in Character.
        My Loan of last Spring, has not yet been ratified and My Bankers at Amsterdam are uneasy on that Score. I beg it may be dispatched. Do you consider, that Holland has furnished Us as much Money as France.— I have obtained there half a Million Sterling, and another half a Million was there furnished Us, at the Requisition of France, and France herself has furnished Us but One Million, exclusive of that which she obtained for Us in holland. if to these Considerations We add, that the Dutch Money has all been remitted in hard Dollars, or paid to redeem Bills at an advantageous Exchange instead of being eaten up by the Rats, as a great Part of the French Money was, We shall find ourselves much more obliged in the article of Money in Holland than France. Besides Holland is in future our only Resource
        I wish Congress would Seperate the foreign from the Domestic Debt.— I foresee Such delays, in Consequence of keeping them united, as will ruin our Credit abroad. if the States all agree in giving to Congress the Power they ask, it will be so long before they agree upon an Act, and that Act will be attended with Such difficulties in the Execution, that We shall fail of our Promisses and break.— at least it appears so to me at this distance. perhaps I am mistaken.
        I have Small hopes of doing any Thing with England. I See no Symptoms of a Disposition there. and I am afraid We shall not agree with Spain. God grant We may not get involved in a War with both these Powers at a Time. in Such a Case, I knew not where We should find Aids or Friends and I am Sure We should want both.

        The Project of doing without Ministers in Europe is as wild and impracticable as any in the flying Island of Lagado.— You will find yourselves obliged to have Ministers and Ambassaders too, and to support them like other Ministers and Ambassaders. and the Fact will be, when you have ruined & discouraged Us who are new here and driven Us home in dispair it will not be three Years afterwards, before You will Send a Number of Ambassadors to Europe with Six or Eight Thousand Pounds a Year.
        There is no Man more averse to unnecessary foreign Connections, or less addicted to expensive showy Life, than I have been all my Days. But I see and feel every Day, that you must have Ambassadors to maintain or Generals and Admirals, who will cost you ten thousand times as much, Money besides shedding your Blood like Water.
        Thank God, We shall no longer fight with Halters about our Necks or Axes brandishing over our Heads and therefore if our Countrymen delight in War they may have it without giving you and me, so much Chagrin and Vexation as We have seen
        I am my dear Friend with the / most affectionate Esteem & Respect / your humble servt

          John Adams


Title: Editorial Note
From:
To:

          The Prussian-American Treaty of Amity and Commerce was concluded on 10 September 1785. But negotiations began on 10 November 1784 when the American commissioners submitted a draft treaty to the Baron von Thulemeier, Prussian minister at The Hague, and were, for all intents and purposes, completed on 14 March 1785 when the commissioners sent their response to Prussian proposals for alterations in the commissioners’ text.

          The proposed treaty with Prussia was the commissioners’ first exercise of their plenipotentiary powers to negotiate and sign treaties with European nations. On 8 October 1784 Thulemeier wrote to the commissioners to acknowledge their letter of 9 September notifying him of their new commission (both above). Thulemeier indicated Prussia’s willingness to negotiate a treaty and noted that he had received full powers to conclude an agreement. Thulemeier assumed in his letter that negotiations would resume on the draft treaty that he had sent to John Adams on 9 April (above). Those negotiations were broken off owing to the commissioners’ need to submit the draft to Congress because they lacked the power to negotiate and sign a treaty. But such was not to be the case.
          Instead the commissioners wrote to Thulemeier on 10 November and enclosed a new draft, based not on the earlier Prussian proposal but on a model treaty drafted by Thomas Jefferson (Nos. I and II, below). In substance the new draft differed only slightly from Thulemeier’s of April, but there were alterations. The most notable were the omission of the earlier draft’s Articles 3 and 4, which dealt specifically with Prussian concerns, and the inclusion of Articles 13 and 23, which were wholly new. Moreover, the April draft was founded on the 1783 Swedish-American treaty, but Jefferson’s model, intended originally for a never-to-be-concluded Danish-American treaty, was based on a variety of sources. These included drafts of a Danish-American treaty exchanged by Benjamin Franklin and Ernst Frederik von Walterstorff in 1783; the commercial treaties concluded in 1778, 1782, and 1783 with France, the Netherlands, and Sweden; a 1783 draft of a never-completed commercial treaty with Portugal; and the commissioners’ instructions of 7 May 1784. For a detailed examination of Jefferson’s composition of and his sources for the model treaty, see Jefferson, PapersThe Papers of Thomas Jefferson, ed. Julian P. Boyd, Charles T. Cullen, John Catanzariti, Barbara B. Oberg, and others, Princeton, 1950–., 7:463–490.
          The Prussian diplomat received the new draft on 26 November, made a French translation, and by 10 December had sent it off to the foreign ministry in Berlin (No. IV, below). Had the negotiations over Thulemeier’s April draft been renewed, the treaty would likely have been concluded very quickly since the Americans had proposed few changes to that document. But complications were introduced when an entirely new document was offered for consideration, which Thulemeier attributed to the commissioners’ new instructions and the Prussians viewed as a “contre-project.” This was particularly so regarding the omission of Articles 3 and 4 of the earlier draft, but there was also an apparent conflict between the American and Prussian views of commercial relations. This was evident from Thulemeier’s letter to the commissioners of 24 January 1785, with which he enclosed his French translation of the treaty with the Prussian foreign ministry’s suggestions for changes in the treaty provisions (No. VI, below). In a letter of the same date to Adams, Thulemeier indicated the necessity of the Americans’ agreeing to the principal Prussian reservations if a treaty was to be concluded, confidential advice that Adams relayed to his colleagues (Nos. V and VII, below). Even allowing for the resolution of the

Prussian-American differences and the fact that the commissioners were in France and Thulemeier was in the Netherlands, the negotiations proceeded expeditiously. On 14 March the commissioners sent off their response to the Prussian proposals (No. VIII, below) and on 3 May, after consulting with his superiors, Thulemeier informed the commissioners that the two sides were in agreement over the treaty’s final form and it only remained for the Americans to transcribe an English version of the agreed upon text so that he could prepare a French translation for final review in Berlin. Franklin and Jefferson—Adams by then had gone to London—did so on 26 May, and after arrangements were made for the treaty’s signature at Paris, Passy, London, and The Hague, the agreement was finally concluded on 10 September when Thulemeier signed at The Hague (Jefferson, PapersThe Papers of Thomas Jefferson, ed. Julian P. Boyd, Charles T. Cullen, John Catanzariti, Barbara B. Oberg, and others, Princeton, 1950–., 8:134–135, 165–166; Miller, TreatiesTreaties and Other International Acts of the United States of America, ed. Hunter Miller, Washington, D.C., 1931–1948; 8 vols., 2:162–184).
          Some explanation is required regarding the documents as printed below and the nature of their annotation. The English text of the draft treaty is derived from the copy made by David Humphreys and included in the Letterbook that he kept for the commissioners. The French translation accompanying it was enclosed by Thulemeier in his letter of 24 January. There it was placed side by side with the Prussian “Observations,” the treaty in the left column, the “Observations” in the right column. The editors decided that in presenting the treaty material the need for clarity required that the English and French texts be printed together and that the Prussian “Observations” should appear with Thulemeier’s letter of 24 January, with which they were enclosed. In annotating the treaty the editors have indicated where significant changes were made, resulting either from the Prussian proposals or from the commissioners’ response. However, for the justification or explanation of the alterations that either did or did not take place, see the Prussian and American commentaries on the treaty, Nos. VI and VIII, below.


Title: I. The American Commissioners to the Baron von Thulemeier, 10 November 1784
From: American Commissioners,Adams, John,Franklin, Benjamin,Jefferson, Thomas
To: Thulemeier, Friedrich Wilhelm, Baron von

            Sir
            Passy Novr 10th. 1784.

          We received the Letter your Excellency did us the honour of writing to us the 8th Ulto. together with the copy of your full powers to treat with us. Mr Adams had as you suppose, preserved a copy of the project of a Treaty that had been concerted between your Excellency & him; but having by instruction from the Congress our Sovereign certain new articles to propose in all our Treaties with European powers, which articles if agreed to would render some of those heretofore in use unnecessary & judging also that some change in the order, by bringing together what relates to the same subject,

would render the whole more clear; we have made a new draft of the Project, adding the new articles, & send it herewith for your consideration.
          Those new articles are the 13th. & the 23d. The first contains its own reasons, to wit, the prevention of difficulties & misunderstandings heretofore constantly arising with regard to merchandise called contraband in time of war. In support of the other, we offer a few reasons contained in a separate paper to which we shall only add here, that the article being in favour of humanity, by softening & diminishing the calamities of war; we think it will be honourable to the first powers who agree to it, & more particularly so to His Majesty the King of Prussia, if he whose subjects are known to be so well defended by his power & abilities, as to make the stipulation of any favour for them during war unnecessary, should be the foremost in setting the example of agreeing to such an article. The part too which engages not to commission privateers nor make prize of merchant ships, will we think show the disinterestedness of the United States, since their situation is suited to prey with ease on the rich commerce of Europe with the West Indies, which must pass before their doors, while their own consisting of lumber & provisions is of so little value, as that the loss in that kind of war is vastly inferior to the profit, which was demonstrated in their late contest with Britain, whose mighty fleets were insufficient to protect their trade from the depredations of a people as able & expert Seamen as themselves.
          With regard to the manner of conducting this negotiation, we think it may continue to be by Letters, till the articles are agreed on, after which, as the many affairs we have on hand make it inconvenient for us to leave Paris, we shall be glad to receive you here, or if that should not be suitable for you, to meet you in any intermediate place that you may nominate.
          We send herewith the copy of our commission, and are with great respect.— Sir / Your most obedient & most hble. Servants

            John Adams.B. Franklin.T. Jefferson


Title: III. The American Commissioners’ Memorandum in Support of Article 23 of the Draft Prussian-American Treaty of Amity and Commerce, 10 November 1784
From: American Commissioners
To:

            [10 November 1784]

          By the original Law of Nations war and extirpation was the punishment of injury—humanizing by degrees, it admitted slavery instead of death. A farther step was, the exchange of prisoners instead

of slavery. Another, to respect more the property of private persons under conquest, and be content with acquired dominion. Why should not this Law of Nations go on improving? Ages have intervened between its several steps; but as knowledge of late encreases rapidly, why should not those steps be quickened? Why should it not be agreed to as the future law of Nations that in any war hereafter the following discriptions of men should be undisturbed, have the protection of both sides, & be permitted to follow their employments in surety, viz.

            1. Cultivators of the earth, because they labour for the subsistance of mankind.
            2. Fishermen, for the same reason.
            3. Merchants & Traders in unarmed ships; who accomodate different Nations by communicating & exchanging the necessaries & conveniencies of life.
            4. Artists & Mechanics inhabiting & working in open towns.

          It is hardly necessary to add that the Hospitals of Enemies should be unmolested, they ought to be assisted.
          It is for the interest of humanity in general, that the occasions of war, & the inducements to it should be diminished.
          If rapine is abolished, one of the encouragements to war is taken away, & peace therefore more likely to continue & be lasting.
          The practice of robbing merchants on the high seas, a remnant of the antient piracy, tho’ it may be accidentally beneficial to particular persons, is far from being profitable to all engaged in it or to the nation that authorizes it. In the beginning of a war some rich ships, not upon their guard, are surprized & taken. This encourages the first adventurers to fit out more armed vessels, and many others to do the same—but the Enemy at the same time, become more careful, arm their merchant ships better & render them not so easy to be taken— they go also more under the protection of convoys— Thus while the privateers, to take them are multiplied; the vessels subject to be taken & the chances of profit are diminished, so that many cruises are make wherein the expences overgo the gains;—as it is the case in other lotteries, tho’ particulars have got prizes the mass of Adventurers are losers, the whole expence of fitting out all the privateers during a war, being much greater than the whole amount of goods taken. Then there is the national loss of all the labour of so many men during the time they have been employed in robbing; who besides spend what they get in riot, drunkenness, and debauchery, lose their habits of industry, are rarely fit for any sober

business after a peace, and serve only to encrease the number of Higwaymen & House-breakers. Even the Undertakers who have been fortunate, are by sudden wealth led into expensive living, the habit of which continues when the means of supporting it cease, and finally ruins them. A just punishment for their having wantonly & unfeelingly ruined many honest innocent Traders and their families, whose substance was employed in serving the common interests of Mankind.


Title: IV. The Baron von Thulemeier to the American Commissioners, 10 December 1784
From: Thulemeier, Friedrich Wilhelm, Baron von
To: American Commissioners

            Messieurs,
            à la Haye, le 10. Décembre 1784.

          La lettre dont Vous m’avez honoré, Messieurs, en date du 10 de Novembre ne m’est parvenue que le 26 du même mois, par la voye d’un courier Hollandois. J’ai transmis au Roi une traduction françoise du Projet d’un Traité de Commerce à conclure pour l’avantage réciproque des Sujets de Sa Majesté et des Citoyens des Etats-Unis de l’Amérique, auquel les instructions récentes du Congrès Vous ont obligés de faire subir quelques altérations, en opposition de celui que j’avois eu l’honneur de mettre entre les mains de Monsieur Adams le 9. d’Avril de l’année courante. Dès que les ordres de ma Cour me seront parvenus, je m’empresserai, Messieurs, de Vous informer des observations que le Roi aura cru devoir se permettre sur ce nouveau Projet. L’article 23. est dicté par le zèle le plus pur en faveur de l’humanité. Rien de plus juste que les réflexions sur le noble désintéressement des Etats-Unis d’Amérique. Il est à desirer que ces sentimens sublimes soyent adoptés par toutes les Puissances Maritimes sans exception. Les calamités de la guerre seroient alors de beaucoup adoucies, et les hostilités, souvent provoquées par la cupidité et l’amour désordonné du gain, moins répétées.
          Agréez, Messieurs, que je retrace à Votre Souvenir la requisition que j’ai eu l’honneur de Vous faire par les dernières lignes de ma

lettre du 18. Octobre de cette année. Le Roi m’ayant témoigné qu’il apprendroit avec plaisir le choix que les Etats-Unis d’Amérique pourroient faire de préférence de telle ou autre ville pour le commerce d’échange entre les négocians des deux Nations, je Vous suppliai de me faire connoître Vos idées à cet égard. J’ajoutai que Stettin, Emden, places maritimes Prussiennes, même quelques ports de France ou d’Hollande, rempliroient également ce but.
          J’ai l’honneur d’ètre avec la considération la plus distinguée, / Messieurs, / Vôtre très humble et très obéissant Serviteur

            de Thulemeier

          TRANSLATION

            Gentlemen
            The Hague, 10 December 1784

          The letter of 10 November with which you honored me, gentlemen, reached me by means of a Dutch courier only on the 26th. I transmitted to the king a French translation of the draft treaty of commerce to be concluded for the reciprocal advantage of the subjects of His Majesty and the citizens of the United States of America, to which the recent instructions of Congress obliged you to make a few alterations at variance with the one that I had the honor of putting in the hands of Mr. Adams on 9 April of this year. As soon as orders from my court reach me, I will hasten to inform you, gentlemen, of the observations that the king believes he must make on this new draft. Article 23 is dictated by the purest zeal for the good of humanity. Nothing could be fairer than the reflections on the noble disinterestedness of the United States of America. It is to be desired that these sublime sentiments should be adopted by all maritime powers without exception. The calamities of war would then be much relieved, and the hostilities often provoked by cupidity and the immoderate love of gain, less often repeated.
          Please receive kindly, gentlemen, my recalling to mind the request that I had the honor to make you in the last lines of my 18 October letter. The king having informed me that he would learn with pleasure the choice of the United States indicating a preference for one city or another where the exchange of commerce between merchants of the two nations might take place, I beseeched you to let me know your ideas on this matter. I added that Stettin or Emden, Prussian ports of trade, as well as several French or Dutch ports could equally serve this purpose.
          I have the honor of being with the most distinguished consideration, gentlemen, your very humble and very obedient servant

            de Thulemeier


Title: V. From the Baron von Thulemeier, 24 January 1785
From: Thulemeier, Friedrich Wilhelm, Baron von
To: Adams, John

            Monsieur
            a la Haye le 24. Janvier 1785.

          Vous recevrés, Monsieur, par un Courier Hollandois adressé a Messieurs de Berckenrode, et Brantzen un paquet sous Votre enveloppe et celle de Messieurs Francklin et Jefferson. Il renferme les observations du Roi sur le Contre-Projet du Traité de Commerce, qui m’a été remis de Vôtre part, au mois de Novembre de l’année dernière. Agréez qu’en qualité de Vôtre ancien Collègue, toujours reconnaissant de l’amitié que Vous m’avés temoignée pendant Vôtre sejour a la Haye, je prenne la liberté de Vous parler avec qu’elque franchise. Les Observations sur les Articles 2. 3. 4. 5. 8. 10. et 12. du Contre-Projet sont envisagées a Berlin, comme trop essentielles, pour qu’on puisse se departir des changemens, et additions proposés. Je ne Vous dissimulerai point mème Monsieur, qu’a en juger par mes Instructions la Conclusion du Traité en dependra selon toute apparence. Les remarques postérieures contribueront uniquement a donner plûs de clarté et de précision a quelques Articles. Daignes, Monsieur envisager tout ceci non comme une declaration Ministerielle, mais simplement comme un temoignage de ma confiance, et du desir dont je suis animé d’assurer le succès de nos Soins communs, et d’eloigner tout ce qui pourroit faire naitre des obstacles trop essentiels, pour que je puisse espérer de les surmonter. Un mot de reponse de Votre part me feroit grand plaisir. Agréez les assurances de la Consideration la plûs distinguée avec laquelle j’ai l’honneur d’ètre / Monsieur, / Vôtre très humble et très obeissant / serviteur

            de Thulemeier

          TRANSLATION

            Sir
            The Hague, 24 January 1785

          You will receive by a Dutch courier addressed to Messrs. Berkenrode and Brantsen a packet in your pouch and that of Messrs. Franklin and Jefferson. It contains the king’s observations on the counterproject of the

treaty of commerce, which was sent to me by you in November of last year. Please accept that in my role as your former colleague, always grateful for the friendship you showed me during your stay at The Hague, I take the liberty of speaking to you quite frankly. The observations on Articles 2, 3, 4, 5, 8, 10, and 12 of the counterproject are viewed at Berlin as too essential to dispense with the proposed changes and additions. I will not even conceal, sir, that judging from my instructions, the successful conclusion of the treaty will depend on them, according to all appearances. The later remarks will contribute only to making some articles clearer and more precise. Please be so kind, sir, as to envision all this not as a ministerial declaration but simply as a token of my trust and the desire that motivates me to ensure the success of our common labors and to remove all that could give rise to substantial obstacles, so that I might hope to surmount them. A response on your part would give me great pleasure. Please be assured of the most distinguished consideration with which I have the honor to be, sir, your very humble and very obedient servant
          de Thulemeier


Title: VI. The Baron von Thulemeier to the American Commissioners, with the Prussian Observations on the Draft Prussian-American Treaty of Amity and Commerce, 24 January 1785
From: Thulemeier, Friedrich Wilhelm, Baron von
To: American Commissioners

            Messieurs,
            à la Haye le 24. Janvier 1785.

          Le Roi mon Maître ayant trouvé bon de m’autoriser à faire passer en Vos mains, Messieurs, quelques Observations sur le Contre-Projet du Traité de Commerce à conclure pour l’avantage réciproque de Ses Sujets, et celui des Citoyens de l’Amérique, tel que Vous m’avez fait l’honneur de me l’adresser en date du 10. de Novembre dèrnier, et entré à la Haye par un Courier Hollandois le 26. du même mois, je ne diffère point de m’acquitter des Ordres de Sa Majesté. Un Exprès chargé de Dépêches pour Messieurs les

Ambassadeurs de Hollande à Paris me fournit aujourd’hui une occasion sûre et prompte. La langue Angloise n’étant pas familière à la Chancelerie Prussienne, aussi peu qu’au Roi et à Son Ministère, j’ai dû m’occuper d’une traduction françoise, et pour constater son exactitude, je l’ai fait placer à côté des Observations ci-jointes. J’ose me flatter que ces dernières Vous paroîtront, Messieurs, dictées par cet esprit de justice, d’équité et d’humanité qui caractérise toutes les démarches du Monarque que j’ai l’honneur de servir. Ce sera avec le zèle le plus, vif que je m’employerai à consolider une négociation dont l’issue ne peut qu’être infiniment avantageuse aux deux nations, et je ne doute aucunement que le contenu de la première lettre dont Vous m’honorerez, ne me facilite les moyens de mettre de concert avec Vous, Messieurs, la dernière main à ce Traité.
          J’ai l’honneur d’être avec la considération la plus distinguée, / Messieurs, / Vôtre très humble et très obéissant / Serviteur
          de Thulemeier

          ENCLOSURE
          Observations sur le Projet du Traité, tracé par les Plénipotentiaires Americains, et adressé à l’Envoye Extraordinaire du Roi à la Haye.

            Articles II. & III.
            En adoptant en entier ces deux articles, il est essentiel d’ajouter à la fin de l’un et de l’autre: “se soumettant néanmoins dans les lieux où ils voudront faire les commerce, aux loix et usages y établis, et auxquels sont soumis les Citoyens des Etats-Unis (les Sujets de S. M. le Roi de Prusse), et les n[ations] étrangères les plus favorisées.” Il est d’autant plus indispensable d’insister sur cette clause, que les Etats de S. M. Prussienne sont composés de Provinces dont la plûpart ont des loix propres et des us[ages] particuliers. On ne sauroit abolir des [loix] de police communes à toutes les Nations de l’Europe, ni ôter sans injustice des [an]ciens droits des Sociétés, Communautés [ou] Corps. La Ville de Königsberg a un droit d’Etape, suivant lequel un marchand étranger ne peut vendre directement à [un] autre Etranger sur la place; nous avons dans différens ports, des Sociétés qui en[tre]tiennent des allèges pour décharger à la rade une partie des marchandises et les conduire dans les ports, où les gros vaisseaux ne peuvent entrer tout chargés; nous avons en quelques endroits un Corps de porte-faix, lesquels à des prix fixes

aident à décharger les vaisseaux, &c. Tout ceci ne doit ni ne peut effrayer l’autre partie Contractante. La plûpart de ces réglemens sont établis pour l’avantage et [la] commodité même des Etrangers, lesquels à l’arrivée dans nos ports ne sauroient se passer de l’assistance des pilotes et autres personnes habiles, et sans nos réglemens de police se trouveroient exposés à leur avidité et chicanes. Toutes les Nations de l’Europe ont de pareils usages, et aucune ne se plaint des nôtres.

            Article IV.
            Cet Article exige des changemens et éclaircissemens très considérables:
            1o/ Il faut biffer nécessairement la clause, à bord de ses propres bâtimens, qui est dans l’esprit de l’Acte de Navigation de l’Angleterre, mais point du tout dans le nôtre. Le but principal de ce Traité est un commerce réciproque entre les deux Nations, et un débit sûr et facile de leurs marchandises. L’intention du Roi est moins de donner une plus grande étendue à la navigation de Ses Sujets dans des parages éloignés, que d’animer l’industrie nationale, et de faciliter l’exportation des productions des fabriques Prussiennes; de sorte que la clause de n’accorder les avantages stipulés même aux marchandises qu’autant qu’elles seront importées par nos vaisseaux, choque directement nos principes, et rendroit presque nuls pour nous les avantages que ce Traité doit procurer réciproquement.
            2o./ La liberté de vendre et d’acheter, stipulée par cet article, est si générale, qu’elle ne laisse pas même l’idée de quelque denrée ou marchandise, dont l’importation ou l’exportation pourroit être défendue, d’autant plus que l’Art: IV. de notre Projet tracé au mois de Mars de cette année, est entièrement omis dans le Contre-Projet. Le Roi ne peut donc se dispenser d’insister que l’Art: IV. soit minuté de la manière suivante: “En particulier chacune des deux nations aura le droit d’importer ses propres productions, manufactures et marchandises dans toutes les parties des Domaines de l’autre, de les y vendre librement, et d’acheter et charger en échange les productions, manufactures et marchandises de l’autre Nation. Toutes ces productions, manufactures et marchandises, soit qu’elles soyent importées ou exportées par les propres vaisseaux de l’une des deux Nations, ou sur les bâtimens de toute autre Nation quelconque, ne payeront à l’entrée et à la sortie d’autres ni de plus forts impôts que payent les produits, manufactures et marchandises de la Nation la

plus favorisée. Cependant le Roi de Prusse et les Etats Unis de l’Amérique se reservent la liberté de prohiber dans leurs pays respectifs l’importation ou l’exportation de toute marchandise quelconque, dès que la raison d’Etat l’exige. En ce cas les Sujets et Citoyens d’une des Parties Contractantes du présent Traité ne pourront importer ni exporter les marchandises prohibees par l’autre. Mais si l’une des Parties Contractantes permet à quelqu’autre Nation d’importer ou d’exporter ces mêmes marchandises, les Sujets de l’autre Partie Contractante jouiront tout aussitôt d’une liberté pareille.” L’Article XI. de notre Projet, portant que tous les avantages accordés dans la suite en fait de commerce et de navigation à d’autres Nations, deviendront aussitôt communs aux Parties Contractantes, trouveroit encore ici sa place convenable; mais comme le Contre-Projet en fait un Article séparé, XXVI, il est assez indifférent que cet article soit placé ici, ou plus bas.

            Art: V.
            Le raisonnement qui a motivé la clause à ajouter aux Articles II. et III. rend entièrement superflu l’Article V du Projet, dont cependant on peut sans difficulté conserver le dernier passage, portant que “les marchands &c: des deux nations ne seront pas forcés de décharger aucune sorte de marchandises dans d’autres vaisseaux, ni de les recevoir à bord de leurs propres navires, ni d’attendre leur chargement plus longtemps qu’il ne leur plaira.”

            Article VIII:
            Cet Article pourroit être adopté en entier, sans l’expression “que les vaisseaux qui quitteront le port sans avoir dechargé, ne payeront aucun impôt &c.” Cela ne peut souffrir aucune difficulté dès qu’il est question des marchandises, ou dès que le vaisseau reste à la rade. Mais dès que le vaisseau est entré dans le port, il paroît qu’il doit être assujetti aux droits établis pour l’entretien même du port et de différens arrangemens nécessaires pour rendre l’entrée et la sortie des vaisseaux d’autant plus sûre. (Par exemple, droits de port, de pilote-côtier, et de fanal.) Il conviendra donc de minuter la fin de cet Article ainsi qu’il suit: “et sans être obligés de rendre compte de leur cargaison ou de payer aucuns impots, charges et droits quelconques, excepté les droits établis sur les vaisseaux une fois entrés dans le port, et destinés à l’entretien du port même ou d’autres établissemens qui ont pour but la sûreté et la commodité des Navigateurs, lesquels droits cependant ne se payeront que sur le même

pied qu’ils sont acquittés par les Sujets et Citoyens même de l’Etat où ils sont établis.”

            Article IX.
            Il sera très analogue aux principes humains qui font la base de plusieurs Articles de ce Projet, d’ajouter à la fin de celui ci: “l’ancien et barbare droit de naufrage sera entièrement aboli à l’égard des Sujets des deux Parties Contractantes.”

            Article X.
            Cet Article revient à peu près à l’Article VIII de notre Projet. Mais comme dans celui-ci on exempte réciproquement les droits de détraction, et qu’on reserve la vigueur aux Ordonnances passés ou futures du Roi contre les émigrations, il faudra retablir en entier notre Article VIII. et le mettre à la place de l’Article X. du Contre-Projet.

            Article XII.
            Cet article ne sauroit être adopté en entier; [le] dernier point surtout, portant: “que les vaisseaux ennemis rendent les m[ar]chandises neutres confiscables sans distinc[tion.”] Les principes que la Cour de Berlin a adopt[és] dans plusieurs Ecrits publics, et en particulier dans la Déclaration Circulaire du 30 Avril 1781. se trouveroient en contradiction directe avec les stipulations indiquées. Messieurs [les] Plénipotentiaires Américains, animés de [cet] esprit philosophique d’humanité et d’équi[té] qui a dicté plusieurs Articles du Contre-P[ro]jet, se départiront vraisemblablement volontiers d’une pareille clause, et consentiront [à] y substituer la suivante: “que les effets et marchandises apparten[ants] aux Sujets de la Partie Contractante Neutre, excepté les munitions de guerre, qui [se] trouveroient à bord d’un vaisseau ennemi, seront rendus aux Propriétaires, ou du moins payés suivant des prix justes et raisonnables.” En tout cas on pourroit omettre tout ceci, et insérer simplement le dernier passage à commencer des mots: D’un autre côté jusqu’à la fin, et laisser cette question indécise, ainsi que cela s’est pratiqué dans la convention pour la Neutralité Armée, passée par le Roi et par d’autres Puissances.

            Article XIII.
            Il n’y a pas de difficulté d’adopter en général cet Article. Cependant comme l’expression de compensation raisonnable pour les pertes qui auront été occasionnées par une saisie, est un peu indéterminée, il seroit à souhaiter qu’on pût s’expliquer plus précisément sur cette

compensation. Et comme il y a des cas où un navire neutre, dont toute la cargaison seroit composée de marchandises non suspectes, auroit à son bord une pacotille de munitions de guerre destinée pour l’ennemi de l’autre Partie Contractante, cas dont parle l’Art: XV. de notre Projet il seroit très convenable d’insérer à l’Article XIII. du Contre-Projet la clause: “que dans les cas énoncés, si le Patron du navire préféroit de livrer la pacotille suspecte au vaisseau qui en auroit fait la découverte, le navire marchand ne pourroit plus être arrêté mais aur[oit] toute liberté de poursuivre sa route.”

            Article XIX.
            De même que les Etats-Unis de l’Amérique par la teneur d’un Traité de plus ancienne date, se trouvent dans l’obligation d’excepter les prises faites sur les Sujets du Roi de France de l’entrée dans leurs ports, il peut y avoir des cas où ce seroit compromettre le Roi, que de recevoir dans ses ports des prises faites sur d’autres nations. Par cette considération, il vaudra mieux rétablir cet Article tel qu’il a été minuté dans nos réponses aux observations de Mr Adams, envoyées au Ministre du Roi en Hollande au mois de Mai de cette année, savoir: “que les vaisseaux armés de l’une des Parties Contractantes ne pourront conduire les prises qu’ils auront faites sur leurs ennemis dans les ports de l’autre, à moins qu’ils n’y soyent forcés par tempête ou péril de la mer: en ce dernier cas elles ne pourront être arrêtées ni saisies, mais on les fera ressortir le plutôt possible;” ce qui rend l’exception des vaisseaux pris sur la France entièrement superflue.

            Article XXI.
            Ad 4./ Après les mots: dont le Preneur est Sujet, on pourroit ajouter pour plus de clarté: “mais par la Justice du lieu où la prise aura été conduite.”

            Article XXV.
            A la fin de cet Article, et pour le rendre [ana]logue aux Articles II. et III. avec leurs a[ddi]tions proposées, il sera indispensable d’ajouter la clause: “que lorsque les Consuls voudront fa[ire] le commerce, ils seront soumis aux loix et usages des lieux, où ils voudront [le] faire.”
            Tous les autres Articles du Contre-P[ro]jet, dont il n’est pas fait mention en termes exprès dans ces Observations, pourront être adoptés sans addition ni changement.

          TRANSLATION

            Gentlemen
            The Hague, 24 January 1785

          My lord the king, having thought fit to authorize me to deliver you, gentlemen, some observations on the counterproject of the treaty of commerce to be concluded for the reciprocal advantage of his subjects and the citizens of America, which you directed to me on 10 November and which a Dutch courier delivered to The Hague on the 26th, I will not delay at all carrying out His Majesty’s orders. An express charged with dispatches for the Dutch ambassadors at Paris furnishes me with a safe and swift opportunity today. As the English language is not familiar to the Prussian chancellery and no more so to the king and his minister, I had to see to a French translation, and to verify its accuracy, I had it placed alongside the enclosed observations. I flatter myself that the latter will appear to you, gentlemen, dictated by the spirit of justice, equity, and humanity that characterizes all the endeavors of the monarch whom I have the honor to serve. It will be with the greatest zeal that I will exert myself to conclude a negotiation the result of which can only be infinitely advantageous to the two nations, and I do not doubt in the least that the first letter that I receive from you will make it easy for us to work together, gentlemen, to put the finishing touches on this treaty.
          I have the honor to be with the most distinguished consideration, gentlemen, your very humble and very obedient servant

            de Thulemeier

          ENCLOSURE
          Observations on the proposed treaty drawn up by the American plenipotentiaries and addressed to the king’s envoy extraordinary at The Hague.

            Articles II and III
            In adopting in their entirety these two articles, it is essential to add at the end of each: “submitting themselves nevertheless, in the places where they would do business, to the laws and usages there established and to which are submitted the citizens of the United States (the subjects of His Majesty the King of Prussia) and the citizens and subjects of the most favored foreign nations.” It is even more indispensable to insist on this clause because the dominions of His Prussian Majesty are composed of provinces, the majority of which have laws and customs of their own. We could not annul the police laws common to all the nations of Europe or take away without injustice the ancient rights of companies, communities, or guilds. The city of Königsberg has a law of intermediation, by which a foreign merchant there may not sell directly to another foreigner. In several ports, where large vessels cannot enter fully loaded, we have companies that maintain lighters for unloading cargo in the roadstead and carrying it in. In some places we have guilds of stevedores, who for a fixed price help to unload vessels, etc. All this should not and cannot alarm the other contracting party. The majority of these regulations were established for

the advantage as well as convenience of foreigners, who when they arrive in our ports could not manage without the assistance of pilots and other skilled persons, and without our police regulations would find themselves exposed to greed and chicanery. All the nations of Europe have similar practices, and no one has complained of ours.

            Article IV
            This article requires very considerable changes and clarifications:

            1. It is necessary to strike out the clause “in their own vessels,” which is in the spirit of the British Navigation Act but not at all in ours. The main goal of this treaty is a reciprocal commerce between the two nations, and the safe and easy flow of their goods. The king’s intention is less to enlarge his subjects’ trade in distant seas than to stimulate national industry and facilitate the exportation of the products of Prussian workshops, so that the clause, by not according the stipulated advantages to all our goods in the same way as those imported by our vessels, directly collides with our motives and renders practically null for us the advantages that this treaty should secure reciprocally.
            2. The freedom to sell and buy, stipulated by this article, is so general that it does not admit the possibility of a commodity or type of merchandise the importation or exportation of which might be forbidden, and what is more, Article IV of our draft drawn up in the month of March of this year is entirely omitted from the counterproject. The king must therefore insist that Article IV be revised in the following manner: “More especially each party shall have a right to carry their own produce, manufactures, and merchandise to any parts of the dominions of the other, there freely to sell them and to purchase and take in exchange the produce, manufactures, and merchandise of the other nation. All such produce, manufactures, and merchandise, whether they are imported or exported by vessels belonging to one of the two nations or on ships of any other nation whatsoever, shall pay on entering and on leaving no higher duties than are paid for the produce, manufactures, and merchandise of the most favored nation. Nevertheless the king of Prussia and the United States reserve to themselves the liberty to prohibit in their respective countries the importation and exportation of all merchandise whatsoever when reasons of state shall require it. In this case the subjects or citizens of either of the contracting parties to the present treaty shall not import nor export the merchandise prohibited by the other, but if one of the contracting parties permits any other nation to import or export this same merchandise, the subjects of the other shall immediately enjoy the same liberty.” Article XI of our draft, stipulating that all advantages in matters of commerce and trade accorded to other nations in the future will be shared by the contracting parties immediately, would also find its rightful place here, but as the counterproject draft makes it a separate article, XXVI, it is quite immaterial whether this article is placed here or below.

            Article V
            The reasoning that motivated the clause to be added to Articles II and III renders entirely superfluous Article V of the draft, of which, however, one can without difficulty retain the last passage, stipulating that “The merchants, etc., of either party shall not be forced to unload any sort of merchandise into any other vessels, nor to receive them into their own, nor to wait for their being loaded longer than they please.”

            Article VIII
            This article could be adopted in its entirety without the phrase “that the vessels that leave port without having unloaded will pay no duties, etc.” This cannot present any difficulty when it is a question of merchandise or when the vessel is in the roadstead. But once the vessel has entered into port, it seems that it must be subject to the duties established for the maintenance of the port itself and for the various arrangements necessary to make the entry and departure of vessels safer (for instance, port fees, pilotage, and beaconage). It is therefore fitting to revise the end of this article as follows: “and without being obliged to render account of their cargo or to pay any duties, charges, or fees whatsoever except the fees established for vessels entered into port and appropriated to the maintenance of the port itself or of other establishments for the safety and convenience of navigators, which fees nonetheless shall only be paid on the same footing as in the case of the subjects and citizens themselves of the country where they are established.”

            Article IX
            It would be very much in line with the humane principles that form the basis of several articles of this draft to add to the end of this one: “The ancient and barbarous right to wrecks of the sea shall be entirely abolished with respect to the subjects of the two contracting parties.”

            Article X
            This article is pretty nearly equivalent to Article VIII of our draft. But as in this one the right of detraction is reciprocally exempted, and the force of past or future ordinances against emigration is reserved to the king, it is necessary to restore our Article VIII in its entirety and put it in place of Article X of the counterproject.

            Article XII
            This article could not be adopted in its entirety, above all the last point, stipulating “that enemy vessels make neutral goods confiscable without distinction.” The principles that the court of Berlin has adopted in several public statements, in particular in the circular declaration of 30 April 1781, directly contradict the designated stipulations. The American plenipotentiaries, inspired by the philosophic spirit of humanity and equity that has dictated several articles of the counterproject, will no doubt voluntarily give up such a clause and consent to substitute the following: “that the

effects and merchandise belonging to the subjects of the neutral contracting party, except for munitions of war, that are found on board an enemy vessel, will be returned to their owners or at least paid for according to just and reasonable prices.” In any case, one might omit all this, simply insert the final passage, beginning with the words “On the other hand” until the end, and leave this question undecided, as was done in the convention on the Armed Neutrality approved by the king and by other powers.

            Article XIII
            In general there is no difficulty in adopting this article. However, as the expression “reasonable compensation for the loss such arrest shall occasion” is a bit vague, it would be desirable to define this compensation more precisely. And as there are cases where a neutral vessel whose entire cargo is composed of merchandise that is not suspect has on board a mariner’s private cargo of munitions of war destined for the enemy of the other contracting party, a case noted in Article XV of our draft, it would be very fitting to insert in Article XIII of the counterproject the clause “and in these stipulated cases, if the owner of the vessel would prefer to deliver the suspected private cargo to the vessel that discovered it, the merchant vessel could no longer be detained but would have complete liberty to continue its voyage.”

            Article XIX
            Just as the United States of America, by the terms of an earlier treaty, finds itself obligated to allow prizes taken by the subjects of the king of France to enter their ports, there may be cases where it might compromise the king to receive in his ports prizes made against other nations. Because of this consideration it would be better to restore this article to the form that it took in our responses to the observations of Mr. Adams sent to the king’s minister in Holland in May of this year, to the effect “that the armed vessels of the contracting parties shall not conduct the prizes they shall have taken from their enemies into the ports of the other, unless they are forced to enter therein by stress of weather or danger of the sea. In this last case they shall not be stopped nor seized but shall be obliged to go away as soon as possible,” which renders the exception of the vessels taken from France entirely superfluous.

            Article XXI
            Addendum 4. After the words “to which the captor belongs,” one might add for greater clarity: “but by the judicatures of the place into which the prize shall have been conducted.”

            Article XXV
            At the end of this article and to make it consistent with Articles II and III with their proposed additions, it will be indispensable to add the clause “that when the consuls shall exercise commerce they shall be submitted to the laws and usages of the places where they shall do so.”
            All the other articles of the counterproject, which are not specifically

mentioned in these observations, may be adopted without additions or changes.


Title: VII. To the Baron von Thulemeier, 13 February 1785
From: American Commissioners,Adams, John,Franklin, Benjamin,Jefferson, Thomas
To: Thulemeier, Friedrich Wilhelm, Baron von

            Sir
            Auteuil near Paris Feby: 13. 1785.

          Your Favour of the 24th: of Jany. did not reach me, untill two Days ago. I communicated the Observations, inclosed in it, immediately to my Colleagues, who will transmit you our Answers, as soon as Health, and other Circumstances will admit. I have communicated to them also, your personal and confidential observations to me. They will have great Weight as they ought to have.
          I am weary of the slow Motions of other Courts and States, as much as I admire the Dispatch, Intelligence, and Decision of that of Berlin, and as much as I am charmed to find the King do us the Honour to agree to the Platonic Philosophy of some of our Articles, which are at least a good Lesson to Mankind, and will derive more Influence from a Treaty ratified by the King of Prussia, than from the writings of Plato, or sir Thomas More.
          You may depend upon it, I will do every thing in my Power to

bring this Treaty to a speedy Conclusion, and to conform in every thing, as far as I can consistently with my Instructions, to his Majesty’s Observations.
          This Answer, you perceive is not Ministerial, any more than your Letter. But I hope to have the honour of signing the Treaty with you, if I should not have that of residing near you at the Hague, which I wish in a short Time.
          With great Respect &c.


Title: Baron von Thulemeier to John Adams, 12 November 1784
From: Thulemeier, Friedrich Wilhelm, Baron von
To: Adams, John

          Monsieur,
          a la Haye le 12. Novembre 1784.

        J’ai eû l’honneur, Monsieur, de Vous adresser dès le 8. d’Octobre de l’année courante, conjointement avec Messieurs Francklin et Jefferson les Plein pouvoirs demandés, pour la conclusion du Traité de Commerce et d’Amitié, entre ma Cour, et les Etats Unis de l’Amérique. Depourvû de toute réponse quelconque, je ne serois pas

sans inquiétude, s’il etoit possible, que ma lettre qui a été expédiée sous le couvert de Monsieur le Chargé d’affaires Dumas, eut pû ètre egarée. Me permettriés Vous, Monsieur, qu’en qualité de Votre ancien Collègue, je m’adressasse particulierement a Vous, pour Vous prier de contribuer a accélerer l’arrangement definitif d’un Traité, qui donnera aux liaisons a etablir entre nos deux Nations la solidité que Nous desirons l’un et l’autre avec le mème interèt.
        J’ai l’honneur d’ètre avec la Considération la plûs distinguée / Monsieur, / Vôtre très humble et très obéissant Serviteur

          de Thulemeier

        TRANSLATION

          Sir
          The Hague, 12 November 1784

        I had the honor, sir, of addressing to you as early as 8 October of this year, jointly with Messrs. Franklin and Jefferson, the requested full powers for the conclusion of the treaty of commerce and friendship between my court and the United States of America. Destitute of any response whatsoever, I would not be without concern if it were possible that my letter, which was dispatched under cover of Mr. Dumas, the chargé d’affaires, might have gone astray. Permit me, sir, as your former counterpart, to address you personally and to ask you to help to accelerate the final arrangements for this treaty, which will give to the ties to be established between our two nations the solidity that we both desire with the same interest.
        I have the honor of being with the deepest respect, sir, your very humble and very obedient servant

          de Thulemeier


Title: Benjamin Franklin to John Adams, 15 November 1784
From: Franklin, Benjamin
To: Adams, John

          Passy, Nov. 15. 84—

        Mr Franklin presents his respectful Compliments to Mr Adams, and enclosos a Paper left with him by the Secretary of the Portuguese Ambassador last Night, being an Extract of a Letter from the First Minister of that Court. No Notice is taken in it of the preceding Plan of a Treaty, and Mr. F. mentions for Consideration, whether it would not be right to send a Copy of the new Plan immediately to that Ambassador:
        There will be no Court at Versailles to-morrow.


Title: Francesco Favi to the American Commissioners, 16 November 1784
From: Favi, Francesco
To: American Commissioners

          Messieurs
          Paris ce 16. 9be. 1784

        Je n’ai pas manqué de faire passer à ma Cour La Lettre, dont vous m’avés honoré Le 30. 7be dernier relative à un Traité d’amitié, et de Commerce entre Les Sujets de Msg̃r L’archiduc Grand Duc de Toscane mon Maitre, et ceux des Etats unis de l’Amerique.
        Je dois avoir L’honneur de vous informer, Messieurs, que cette invitation a eté très agreable à Son Altesse Royale, et qu’Elle recevra avec plaisir la comunication des propositions, et du plan sur Le quel devra etre traitèe cette convention afin de pouvoir Les prendre en consideration.
        J’ai L’honneur d’etre avec Le plus grand respect / Messieurs / Votre très humble, et / Très Obeissant Serviteur

          favi

        TRANSLATION

          Gentlemen
          Paris, 16 November 1784

        I did not fail to pass on to my court the letter with which you honored me on 30 September last relative to a treaty of friendship and commerce between the subjects of my lord monsignor the archduke, grand duke of Tuscany, and those of the United States of America.
        I do indeed have the honor of informing you, gentlemen, that this invitation was very agreeable to His Royal Highness and that he will receive with pleasure the communication of proposals and the agenda for what must be dealt with in this treaty in order to be able to take them into consideration.
        I have the honor of being with the greatest respect, gentlemen, your very humble and very obedient servant

          favi


Title: John Adams to Baron von Thulemeier, 19 November 1784
From: Adams, John
To: Thulemeier, Friedrich Wilhelm, Baron von

          Sir.
          Auteuil near Paris Novr: 19th: 1784.

        I have received your Letter which you, did me the Honour to write me the twelfth of this Month: We also received the Honour of your Letter to Mr: Franklin, Jefferson, and me, and agreed readily upon an answer, which I hope will be satisfactory, although Mr: Humphreys our Secretary of Legation has not yet transmitted it. We have been cautious of sending it by the Post, in these inquisitive Times, But hope to send it by the first Dutch Courier.
        After We shall have received your Remarks, or Objections to our Project, or your Counter Project, and shall have suggested our Sentiments on that, in one Word, after we shall have agreed upon all Points I hope to have the Honour, of seeing you at Paris. As Mr: Franklin has the Stone, and cannot move, and as moreover we are confined here by so many other affairs, as will render it very difficult for any of Us to leave this Place, such an Excursion would be much for your Health and Pleasure.
        In all Events to receive you here would give great pleasure to, Sir, your &c—


Title: David Humphreys to John Adams, 20 November 1784
From: Humphreys, David
To: Adams, John

          Sir
          Paris Novr 20th 1784

        By the papers which I have the honor to enclose to your Excellency herewith you will be informed that I have received official Instructions to procure the several honorary presents which have been voted by Congress to different officers in their service during the late war, together with a Draft on M. Grand Banker at Paris for the amount of the expence—but I must beg leave further to inform you, Sir, that as M. Grand has no monies of the United States in his

hands except what are already appropriated to particular uses, a delay must necessarily take place in carrying the pleasure of Congress into effect unless a sufficient sum can be drawn from some other fund. I have therefore earnestly to request that you will be pleased to give the necessary order for having to the amount of one thousand Louis d’ors of the Monies of the United States in Holland applyed to this purpose— This I am the rather emboldened to ask from an intimate knowledge of the sentiments of the late Ministers, (Genl Lincoln & Mr Morris,) in whose Departments the business was; and from a persuasion that any further delay would be disagreeable to the Supreme Power, who had so long since signified its pleasure on the premises—
        I have the honor to be / With the most perfect respect / Your Excellency’s / Most obedt and / Most humble Servant

          D Humphreys


Title: Charles Storer to John Adams, 22 November 1784
From: Storer, Charles
To: Adams, John

          Sir,
          London. 22d. Novemr: 1784.

        I had the honor of forwarding your Excellency a letter, received from Mr: Dumas, by the Post before last.— It came to hand a day or two before; but, not being able to find a private hand so soon as I imagined, from Mr: Dumas’ letter to me, that it was necessary you should have it, I concluded it best & therefore forwarded it by the Post under cover to your Son— Mr: Dumas writes me that, (things being in an uneasy, unsettled State in the low Countries at present,) he shall continue to forward to me his dispatches to you, to which be assured, Sir, I shall give my best attention. In the mean time, Sir, I should be happy to know if you receive the above letter safe, & desired your Son to write me by return of Post.—
        From the obligations I have to you, Sir, of which I am fully

sensible, I can only say that I shall always be happy to receive your Commands, when & where you may think proper to entrust me with them; and whatever mode of executing them you choose to point out, as best, shall be particularly attended to.—
        I am, Sir, with best Compliments & respects to yourself & family, / Your Most obligd, humle: servt:

          Charles Storer.


Title: James Sullivan to John Adams, 22 November 1784
From: Sullivan, James
To: Adams, John

          Dear Sir
          Boston 22d November 1784

        Your favour of the 7th Sepr. I had a few days ago, shall Set off for Trenton within three days, and shall not fail to communicate One Paragraph of your Letter, the inconvenience of public parsimony I have experienced So much as gives me a full Idea of your feelings. I rejoice with you that you are again with an agreeable and charming family after so long an absence from domestic felicity, I wish my Compliments may be rendered agreeable to your Lady.
        We have nothing here worth Communicating to you— Rhode Island yet Stands out against a Congressional Impost, and as all the other States have agreed to it, and also to the vesting Congress with the powers of regulating the Commerce of america for a certain time, we Shall be obliged to alter our provisos. and agree as Coneceticut has done that our Laws Shall have force, and our grants become perfect upon twelve States agreeing to the measure, it will then become necessary to make Laws prohibiting a Commercial conexion with Rhode Island, however disagreeable this may be there is no way to Support the Feoderal Government without it. the people I think become more and more convinced of the necessity of Stregthening the union
        A few days ago Mr Gerry wrote a letter to the two Houses proposing instructions that their Delegates Should endeavour to prevent all Establishments for Troops in time of peace, Instructions are accordingly given— he also proposed that the Delegates of this State Should be enabled to keep a public Table, this is postponed—
        the General Court have refered to Congress the question whether

British Subjects including Refugees Shall recover Interest for their Debts during the War or rather whether this State can consistantly with the 4th article of the treaty of peace pass an act to prevent it.
        We have laid a Claim before Congress to Lands on the Westward of the Hudson, and the first monday in December is the day for appointing the feoderal Court—
        Mr Adams holds out well, and is yet the Stanch Whig of 1775. but has his Enemies your old Friends here appear very well and hope once more to see you in your Native Country.
        We are much at a loss here to know what the Government of Britian intends with regard to trade their Province of Nova Scotia is almost Intirely fed by our produce and yet they prohibit the provisions being carried in american bottoms while daily insults are offered to our flagg. we might hope for national retaltion if the petty State of Rhode Island did not embarass our Measures
        the duty upon oyl does not as yet prevent the exportation of it to London— but our Merchants Say that when they have Shiped what they have on hand they Shall buy no more
        the Committee of Congress broke up in a most extraordianary manner (and for this goes by a safe hand I will add) that it is much to the dishonor of the States, the locus in quo became a Serious question, between the Southern and Northern members, and they therefore Seperated. Mr Dana has demanded the approbation of the General Court on his Conduct, and has obtained it, but how far he is to be considered amemable to the State and not to Congress is yet with Some a question, but as the facts are represented here he has no body that is against him.
        I have the Honor to be / with great Regard & Friendship / Your most Obedient Hble / Servt

          James Sullivan


Title: The Duke of Dorset to the American Commissioners, 24 November 1784
From: Dorset, John Frederick Sackville, third Duke of
To: American Commissioners

          Gentlemen
          Paris Novemr. 24th. 1784.

        I transmitted without loss of time to the Marquis of Carmarthen, His Majesty’s Secretary of State for Foreign Affairs, Copies of the two Letters which you had done me the honor of addressing to me; and am in consequence authorized to assure you, on the part of His Majesty’s Ministers, of their readiness to take into consideration any proposals coming from the United States that can tend to the establishing a system of mutual & permanent advantage to the two Countries; for the more ready accomplishment of which, I am instructed to notify to you, Gentlemen, the previous stipulation proposed by my Court that the United States should send a Person properly authorized and invested with the necessary powers to London, as more suitable to the dignity of either Power, than would be the carrying on at any third Place a negotiation of so great importance.
        I have not yet receiv’d any instructions upon the subject of your Letter stating certain Propositions in regard to particular Articles of the Preliminaries of Peace, between England & France, signed on the 20th. of Janry: 1783, and acceded to by the Ministers of the United States, but I have every reason to believe that a full & candid discussion of those points will be enter’d into by my Court, with the sincere view, I can venture to say, of effecting a fair & equitable adjustment of the several matters offer’d for consideration, and from an earnest desire of promoting a friendly & confidential intercourse between Great Britain & America.
        I have the honor to be, / with great truth & regard, / Gentlemen, / Your most obedient humble Servant

          Dorset


Title: The American Commissioners to the Conde de Sousa Coutinho, 30 November 1784
From: American Commissioners,Adams, John,Franklin, Benjamin,Jefferson, Thomas
To: Sousa Coutinho, Vicente, conde de

          Sir
          Passy November 30th. 1784

        We have received the Extract of the letter from Monsieur de Sa of the 24th Octr 1784 which your Excellency was pleased to send us by the hand of the Secretary of your legation.
        “That in consequence of our letter your Excellency might assure us that Her Most faithful Majesty will be very glad to have the best correspondence with the United States, and that we may explain to your Excellency the intentions of Congress, to be communicated to your Court who will listen to them with much attention.”
        Conformably to the desires of Her most faithful Majesty expressed in this extract of the letter of Her Minister, we have the honour to enclose a draught of a project of a treaty of Amity and Commerce to be concluded between the two powers— if this project should be approved by Her Majesty & a full power should be sent to your Excellency to conclude, we are ready to sign such a treaty on the part of the United States— if your Court have any objections or alterations to propose we shall give them all the attention & consideration consistent with the views of our Constituents.
        With great respect / We have the honour to be / Your Excellency’s / Most obedient & / Most humble Servants

          John AdamsB. FranklinT. Jefferson.


Title: C. W. F. Dumas to John Adams, 1 December 1784
From: Dumas, C. W. F.
To: Adams, John

          Monsieur,
          Lahaie 1er. Dec. 1784.

        Je continue de rendre compte à V. E., ainsi qu’au Congrès, que j’ai donné une seconde Déclaration pour servir de Lettre de mer portant,—“that Mr. Theod. Gallois, Ship-Brooker for the American trade at Amst. has sent to me and exhibited in Original, the legal Transport or Deed, passed in Oct. 28th. before Mr. E. M. Dorper, public Notary of Holl. at Amst., by Mr. L. M. Graves for himself & for his Partners Mess. Graves & Co: Merchts. at Amst., by which they have sold & transported in full property, to Mess. Vos, De Vyver & Graves Merchts. at Charlestown in Sth. Carolina, the Brig of late called Vry van Dwinglandy & com̃anded by Mr. Jan Schram, with all her appurtenances, and so as she lyes actually before the City of Amsterdam— And that he has also exhibited to me in Original, the Certificate of their Lordships the Burgomasters and regency of Amstm., by which on Nov. 18 has appeared before them Mr. Isaac De Vyver, and declared upon Oath so M. G. A. h. h, that the aforesaid Brig, now called the Purpoise, of the Burthen of about 65 lasts, and com̃anded by Mr. Miles Cosson of Boston, is the full property of him Isaac de Vyver and of his aforesaid Company established at Charlestown in S. Carolina, and of them alone; and that she is actually bound from Amst. to Charlestown in S. Carolina laden with Goods and Merchandises. &c. &c.[”]
        En même temps je me suis fait signer par Mr. Gallois—“that he has received gratis from Mr. Dumas a Declaration to serve as a Sea-Letter for the Brig the Purpoise, com̃d. by Mr. Miles Cosson of Boston, and being the property of &c. Merchts. at Charlestown, without pretending or accepting any reward for it what so ever, in behalf of

Mr. Dumas, who has also returned him the Deed & Certificate mentioned in the aforesaid Declaration.”
        Ce Brig doit avoir actuellement fait voile d’Amstm.
        On continue d’être ici dans l’incertitude quant à la paix ou guerre. Cela se développera pourtant avant la fin de l’an. Le 26 Nov. les Et. d’Holl. ont pris une résolution finale très mortifiante pour le Conseil d’Etat, & qui aura des suites importantes.
        On ne tardera pas de me talonner de nouveau de la part de Mr. Thulemeyer, pour une réponse aux Lettres, que j’ai acheminées de sa part à l’honble. Commission sous l’adresse de Mr. D. Humphrys, & dernierement à Votre Exce. J’espere qu’Elles n’ont point été interceptées, & que V. E. a aussi reçu celle que j’ai fait passer par les mains de Mr. Storer.
        De Votre Excellence / Le très-humble & très- / obéissant serviteur

          C.w.f. Dumas

          J’ai bien reçu une Lettre que S. E. Mr. Jepherson m’a fait l’honneur de m’écrire; & j’attends d’avoir exécuté sa principale com̃ission, pour lui en rendre compte.

        TRANSLATION

          Sir
          The Hague, 1 December 1784

        I continue to account to your excellency as well as to Congress for how I gave a second declaration to serve as a sea letter, to the effect “that Mr. Theod. Gallois, Ship-Brooker for the American trade at Amst. has sent to me and exhibited in Original, the legal Transport or Deed, passed in Oct. 28th. before Mr. E. M. Dorper, public Notary of Holl. at Amst., by Mr. L. M. Graves for himself & for his Partners Mess. Graves & Co: Merchts. at Amst., by which they have sold & transported in full property, to Mess. Vos, De Vyver & Graves Merchts. at Charlestown in Sth. Carolina, the Brig of late called Vry van Dwinglandy & com̃anded by Mr. Jan Schram, with all her appurtenances, and so as she lyes actually before the City of Amsterdam— And that he has also exhibited to me in Original, the Certificate of their Lordships the Burgomasters and regency of Amstm., by which on Nov. 18 has appeared before them Mr. Isaac De Vyver, and declared upon Oath so M. G. A. h. h, that the aforesaid Brig, now called the Purpoise, of the Burthen of about 65 lasts, and com̃anded by Mr. Miles Cosson of Boston, is the full property of him Isaac de Vyver and of his aforesaid Company established at Charlestown in S. Carolina, and of them alone; and that she is actually bound from Amst. to Charlestown in S. Carolina laden with Goods and Merchandises. &c. &c.”
        At the same time I had Mr. Gallois sign for me “that he has received

gratis from Mr. Dumas a Declaration to serve as a Sea-Letter for the Brig the Purpoise, com̃d. by Mr. Miles Cosson of Boston, and being the property of &c. Merchts. at Charlestown, without pretending or accepting any reward for it what so ever, in behalf of Mr. Dumas, who has also returned him the Deed & Certificate mentioned in the aforesaid Declaration.”
        By now this brig must have sailed from Amsterdam.
        We here continue to be in a state of uncertainty regarding peace or war. That will be cleared up, however, before the end of the year. On 26 November the States General of Holland adopted a final resolution, very mortifying to the Council of State, which will have important ripples.
        I will soon be hounded anew by Mr. Thulemeier for a response to the letters that I sent for him to the honorable commission in care of Mr. David Humphreys and most recently to your excellency. I hope that they have not been intercepted at all and that your excellency also received the one that I sent by way of Mr. Storer.
        Your excellency’s very humble and very obedient servant

          C.w.f. Dumas

          I indeed received a letter that his excellency Mr. Jefferson did me the honor of writing to me. I am waiting to carry out its principal commission before accounting to him for it.


Title: Samuel Adams to John Adams, 2 December 1784
From: Adams, Samuel
To: Adams, John

          My dear Sir
          Boston 2d Decr. 1784

        I received several of your Letters with Pleasure, particularly that of May, which I will answer at a Time of more Leisure—
        Captn Dashwood of this Town is going to London, to sollicit Payment of the British Crown, for Goods taken from him when the Troops left the Town, not as forfeited, but under the Apprehension that they would be of Use to our Army, & with an Express Promise that they should be paid for. It appears to me to among the bona Fide Debts mention’d in the Treaty, and if there may be on the Part of the Crown itself a Failure of a Compliance with a possitive stipulated Article, it will be dificult for the Goverments in America to prevail with their Citizens to think it reasonable that they should pay the just Debts owing from them to British Subjects. Dashwood has my Promise to write to you again on the Subjects & I must fulfill it. It is with reluctance that I give you this repeated Trouble, especially as I know you must be press’d with Affairs of greater National Importance— You are best able to say whither you can afford him Aid or not. I have ventured to assure him, that if it be in your Power consistantly to interpose your Influence, you will undoubtedly be dispos’d to do it. what aggravates the Misfortune of this Citizen if he should not obtain Justice in England is that his British Crediter now demands the Payment of his Debt with Interest, & tho’ this Sum is very small in Comparison with the Value of the Goods taken from him, the Payment, as he says & I suppose truly, will compleatly ruin him.
        your affectionate

          S Adams


Title: William Knox to John Adams, 7 December 1784
From: Knox, William
To: Adams, John

          Sir
          London 7. December 1784

        Your politeness and Kind attention to me in Europe, together with the unequivocal regard I have for your character, induces me to make you a tender of my best services in the conveying any Commands or Letters you may wish to send to Boston for which place I have taken my Passage, and it is expected the Ship will sail in a fortnight or three Weeks, she is from Boston, and owned by Mr. James Swan, and Mr. John Merchant, and Commanded by Capt. Young father in Law to Mr. W. Tudor. Very ill Health has prevented my revising my Native Country at an earlier period & indeed for many Months deprived me of the pleasures of Society. I am happy to have so far recovered, as to undertake without reluctance a Winters voyage in order to join my good Brother and to me his enteresting Family, he and they are very well and live in Mrs: Jones’s House at Dorchester about five Miles from Boston.
        Your Kindness in communicating to me both at the Hague and in London information which you supposed might tend to enlarge my Ideas of Europian Politics, and wch. might one day or other by communications from me be of service to our dear Country, emboldens me, as I am on the point of returning, to beg information on some of the important subjects of Europe, as on my return interrogations will come from my various connections and Friends to whom I wish to convey valuable and well authenticated intelligence, these enquiries will not be few probably in Number, as it is my intention some time after my arrival to travel by Land from Boston to Charles-Town, from the same motives wch. have induced me to stay so long and to have made so many excursions thro’ the differentt parts of Europe. To make myself acquainted with the Mercantile interests of those Countries, wch. I have thought proper enough being myself a Man of Bassiness. I wish to confine my enquiries of your Opinion so far as can with propriety be communicated, to the more immediate State of the Emperor with the Dutch, Will the French or the King of Prussia assist the Dutch? if they will not who

will?— Whether you think the emperor has right as well as strength in his demands or is the right that might gives?— Whether you think there is a positive Combination among the great Catholic Powers of Europe to crush England and the Lesser Protestant ones? (this is an Idea of some very sensible people)— What is your Opinion of The present State of Ireland—and lastly whether the State of our Dear Country is as you wish it, on what amendments or improvements and in what particulars it stands most in need off?
        I hear Sir Mrs. Adams is with you if So, pray make my very respectful Regards to her, and make my joint offers to her of service in taking her Commands. I am charmed with the Character of Mr. Jefferson who you have at Paris, had I ever seen him I should beg my Comps to him, such Characters give a Colour to the reputation of America, wch. the depraved state of Europe does not admit off. I pray God my dear Sir & I am sure you will not except to the ejaculation that Our Public Countrymen, may never adopt the wretched policy of intrigue and Mystery which pervades at present with scarcely an exception all the Courts of Europe, but prefer what I sincerely think is our national Character, (however great and numerous the deviations may be) plain Honesty, at the same time possessing such information, and Discerment as like the great Stairs formerly from the British Court as Minister to the Court of Verseilles, to be so superior to that unmanly system as to able even to counteract it in the most perfect manner. I hope you will excuse the trouble I mean to put you to, when you may easily see, and be assured of the propriety of my intentions on this subject. any other information you may think proper to communicate I shall gladly receive in the interim
        I have the Honor to be with senti/ments of Respect, the most sincere / Sir, Your Mt. Obliged & Obt Servt

          Wm. Knox


Title: John Adams to Marquis de Castries, 9 December 1784
From: Adams, John
To: Castries, Marquis de

          Auteuil near ParisDecember 9: 1784.
          Monsieur le Maréchal

        According to your desire, I have committed to writing the two or three Observations, on the business of Masts, Yards, and Bowsprits which I had last tuesday the Honour of making in Conversation with your Excellency at Paris.
        The eastern Parts of the Massachusetts, particularly the Counties of York, Cumberland and Lincoln, and more especially the Lands lying near the four great Rivers, which meet in Merrimeeting Bay, and flow together, under the name of Kennebeck River into the Sea, are the Spot, upon which grow the best Pine Trees for Masts, which are found in America. and from whence the English Government, before the Revolution procured their Masts for large Ships, unless perhaps they obtained a few from some Parts of New-Hampshire. By the Charter of Massachusetts, Pine Trees were reserved to the Crown; and various Acts of Parliament were made from time to time forbidding upon severe Penalties private Persons to cut such trees. The King had an Officer under the Title of surveyor General of the Woods, who had under him a great Number of Deputy surveyors for the Inspection & conservation of these Trees. Mr: Wentworth the last Royal Governor of New Hampshire, was the last surveyor General, at whose request, the Subscriber, commenced and prosecuted a great Number of Libels, in the Court of Admiralty, at Boston, against Transgressors of those Acts of Parliament so that he thinks himself well warranted to say, that those Acts of Parliament instead of containing any proof of the bad Quality of American Pine Trees, as your Excellency was pleased to say, you had been informed, contain the best proofs of their Excellence, and of the high Esteem, in which the Parliament held them.
        There was a considerable Number of large Vessels, which were called Mast Ships constantly employ’d in transporting from

Kennebeck and Piscataqua Rivers, Pine Trees for Masts, Spars and Bowsprits for the Royal Navy. and the trees of thirty six Inches Diameter, which the English were very fond of, for their large Ships were only to be found in America.
        There are upon the territory before described a number of Families, whose whole Occupation has been to cut, draw, and prepare, these Kind of Trees, for the royal Navy of England. it is a difficult, laborious and hazardous Business: and not very profitable: but being educated to this Employment from their Infancy, knowing perfectly the Country and the Lands where the Trees are, the proper Seasons, for the business, and having their Tools, and Machines as well as their Teems of Cattle, always ready and knowing all the most frugal Ways of saving Expenses and making Advantages, they were able to live by the Business, when other Persons without these Advantages would have ruined themselves. these People were commonly called Mast Men and they are so valuable a Sett of Men, that whoever first engages them whether the French or the English, will obtain an Advantage. The English are said to have sent an Agent to Boston, and there is no doubt that they will exert themselves to secure these Mast Men, unless your Excellency, by seizing a favourable Opportunity of contracting with some of the Americans now here, engage them before-hand.
        Your Excellency will permit me to say, that I apprehend all surveys and Experiments made upon the Masts and Spars, now on board of the French Ships which were procured in America will not only be usseless, but illusory. it will not be a fair Tryal—because on the breaking out of Hostilities, between Great Britain and America, the whole System of the Masting Business and Commerce was broken up: the Mast Men, like the Fishermen not finding their usual Employment went into others, sold their Cattle, and laid aside their Tools: so that the Pine, Timber, furnished to the French Ships, although the best then and there to be had, was only such as was left by the English, or obtained by hazard in improper places and in a green unseasoned State. it is no wonder then if the Wood is found to shrink for the wood of the Pine Tree, is of such a Nature, that when cut and used green it always shrinks, whether it grows in America, or in Sweeden, Norway or Russia.
        I am well informed that the most intelligent Officers of the British Navy, attribute the Loss of the great Number of the capital Ships, by bad Weather in the late War, a loss unprecedented in any

former War, wholly to the want of American Masts. The Ministry ordered their Expedition to Penobscot, in the view of obtaining Masts, but they found themselves disappointed. They found there Pine Trees it is true but no Mast Men, no sufficient Teems of Cattle, no proper Machines for the Business. All these were without their Lines. So that they obtained no Masts of any value.
        There is not in America, at least within my Kowledge a Merchant more intelligent, or any way more capable, of giving your Excellency full Information upon the Subject, nor more worthy of Confidence, than Mr: Tracy and Mr: Jackson who are now in Paris, and to them I beg leave to refer.
        With great and sincere Respect &c.


Title: The American Commissioners to the Duke of Dorset, 9 December 1784
From: American Commissioners,Adams, John,Franklin, Benjamin,Jefferson, Thomas
To: Dorset, John Frederick Sackville, third Duke of

          My lord Duke
          Passy decr. 9th. 1784.

        We have received the Letter which your grace did us the honour of writing us on the 24th. day of Last month, and we received with

much Satisfaction the assurances on the part of his Britannic Majesty’s Ministers of their readiness to take into consideration any proposals coming from the United States of america that Can tend to the establishing a System of mutual & permanent advantage, to the two Countries
        As to the Previous Stipulation proposed by your Court that the United States Should Send a person properly authorized & invested with the necessary powers to London as more Suitable to the dignity of either power than would be Carrying on in any third place à negocitiation of So Great importance, we Can only Say, that if By this proposition it is intended that the united States Should Send a public Minister to reside constantly at the Court of Great Britain we are not authorized to answer it but we Shall transmit a Copy of your grace’s letter to Congress, who will determine upon it according to their wisdom: but if it is intended only that the proposed negotiation Should be Conducted in London we Can inform your Grace & his majesty’s Ministers, that we have a full Power in due form as Ministers plenipotentiary to his Britannic Majesty, not only to treat but conclude upon all the Sujects in question; and although we have no apprehension that it is inconsistent with the dignity of the United States to treat in any third place; and altho it would be inconvenient to us to leave Paris where we have already Commenced negotiations with Several other powers for any long time— Yet we are So desirous of Shewing a respect to the Sentiments of your Court that we would readily repair to London as we are not Limited by our Commission nor instructions to any place.
        We Shall therefore wait for further information from your grace & from his Majesty’s Ministers, and if it Shall appear to be their desire to meet us in London, we will do ourselves the honour of Paying our respects to them in person without loss of time
        With Great Respect / We have the honour to be / your grace’s / Most obedient et Most hble. Servants

          Jonh Adams.B. FranklinT. Jefferson.


Title: The American Commissioners to Francesco Favi, 9 December 1784
From: American Commissioners,Adams, John,Franklin, Benjamin,Jefferson, Thomas
To: Favi, Francesco

          Sir
          Passy Decr. 9th 1784

        We have received your letter of the 16th. of Novr. wherein you are pleased to inform us that you had communicated to His Royal Highness the Grand Duke of Tuscany the overtures we had the honour of making for the establishment of a treaty of Amity & Commerce between the Subjects of His Royal Highness & the Citizens of the United States of America; that these were agreeable to him, and that our propositions on this subject would be received with pleasure, & taken into consideration.
        We have now the honour of encloseing to you, for the consideration of your Court a plan of such a treaty of Amity and Commerce as we shall be ready to sign if it shall meet their approbation. We flatter ourselves they will find it founded on those principles of equal right which are the surest guardians of every treaty, & calculated to promote the interests of humanity in general. We shall receive with great respect & attention any amendments which may be proposed, and concur chearfully in accomodating it more perfectly to the true interests of commerce & happiness of the two nations: well-knowing that we cannot better gratify the wishes of our Constituents & the respect which they entertain for His Royal Highness, than by opening a liberal and friendly intercourse between his subjects & them.—
        With great respect / We have the honour to be, Sir, / Your Most obedt & most hble. Servants

          John AdamsB. Franklin.T. Jefferson.


Title: John Adams to C. W. F. Dumas, 11 December 1784
From: Adams, John
To: Dumas, C. W. F.

          Sir
          Auteuil near Paris Dec. 11. 1784

        I received in due Season and in good Condition your Favour of the 7. of Nov.— But Dr Franklin being confined to his House by the Stone, and Mr Jefferson in Paris, by other Sickness, I have been [th]e only American Minister who could move, and have been obliged to oscillate So much between Auteuil, Passy and Paris that I have had no Time to answer you.
        I presume you must have been misinformed concerning the Principle and Motive, of a certain metaphysical Distinction, between Mr. Le Baron and Mr L’Envoyèe. because he gave me, expressly a different one. viz. that his Master expected, an official Annunciation from the United States. 2. because I dont take his Master to be an Ideot, nor Lunatick and he must be one or the other, to believe either the United Provinces or United States, Rebells, at this Day. He might as well imagine himself a Rebell against the Crown of France, because he governs in Germany, where Charlemain, who wore the Crown of France once Governed. 3. because We have made, through the Comte De Mercy the Proposit[ion] which Congress ordered and have received an Answer in these words “Sur la Proposition des Etats Uni[s d’Ameri]que J’ai fait parvenir à ma Cour relativement a des Arrangements de Commerce à prendre entre les deux Dominations respectives, Je viens, Monsieur, de recevoir l’ordre, d’avoir L’honneur de vous prevenir que Sa Majesté l’Empereur a agrée ladite Proposition, et qu’elle enjoint au Gouvernment general des Pays Bas de S’occuper des moïens d’y donner Suite.[”]