Extract of a Letter to Thomas Mifflin, Esq., (President of Congress.) Passy, Dec. 25, 1783. IT was certainly disagreeable to the English ministers, that all their treaties for peace were carried on under the eye of the French court. This began to appear towards the conclusion, when Mr. Hartley refused going to Versailles to sign there with the other powers, our definitive treaty, and insisted on its being done at Paris, which we in good humor. complied with, but at an earlier hour, that we might have time to acquaint le comte de Vergennes before he was to sign with the duke of Manchester. The Dutch definitive was not then ready, and the British court now insisted on finishing it either at London or the Hague. If heretofore the commission to us, which has been so long delayed, is still intended, perhaps it will be well to instruct us to treat either here, or at London, as we may find most convenient. The treaty may be conducted even there in concert and in the confidence of communication with the ministers of our friends, whose advice may be of use to us. With respect to the British court, we should I think be constantly upon our guard, and impress strongly upon our minds, that though it has made peace with us, it is not in truth reconciled to us, or to its loss of us; but still flatters itself with hopes, that some change of the affairs of Europe, or some disunion among ourselves, may afford them an opportunity of recovering their dominion, punishing those who have most offended, and securing our future dependance. It is easy to see by the general turn of the ministerial newspapers; (light things indeed, as straws and feathers, but like them they show which way the wind blows) and by the malignant improvement their ministers make in all foreign courts, of every little accident at Philadelphia, the resolves of some town meetings, the reluctance to pay taxes, &c. &c., all which are exaggerated to represent our governments as so many anarchies, of which the people themselves are weary, the congress as having lost its influence, being no longer respected: I say it is easy to see from this conduct, that they bear us no good will, and that they wish the reality of what they are pleased to imagine. They have too a numerous royal progeny to provide for, some of whom are educated in the military line. In these circumstances, we cannot be too careful to preserve the friendship we have acquired abroad, and the union we have established at home, to securé our credit by a punctual discharge of our obligations of every kind, and our reputation by the wisdom of our councils; since we know not how soon we may have fresh occasion for friends, for credit, and for reputation. The extravagant misrepresentations of our political stato in foreign countries, made it appear necessary to give them better information, which I thought could not be more effectually and authentically done than by publishing a translation into French, (now the most general language in Europe,) of the book of constitutions which had been printed by order of congress. This I accordingly got well done, and presented two copies handsomely bound to every foreign minister here, one for himself, the other more elegant, for his sovereign. It has been well taken, and has afforded a matter of surprise to many who had conceived mean ideas of the state of civilization in America, and could not have expected so much political knowlege and sagacity had existed in our wilderness: and from all parts I have the satisfaction to hear that our constitutions in general are much admired. I am persuaded that this step will not only tend to promote the emigration to our country of substantial people from all parts of Europe, but the numerous copies I shall disperse, will facilitate our future treaties with foreign courts; who could not before know what kind of government and people they had to treat with as in doing this, I have endeavored to further the apparent views of congress in the first publication, I hope it may be approved, and the expense allowed. I send herewith one of the copies. ་ To Charles Thomson, Esq., Secretary of Congress. DEAR SIR, YESTERDAY evening Mr. Hartley met with Mr. Jay and myself, when the ratifications of the definitive treaty were exchanged. I send a copy of the English ratification to the president. Thus the great and hazardous enterprise we have been engaged in is, God be praised, happily completed: an event I hardly expected I should live to see. A few years of peace, well improved, will restore and increase our strength: but our future safety will depend on our union and our virtue. Britain will be long watching for advantages, to recover what she has lost. If we do not convince the world, that we are a nation to be depended on for fidelity in treaties; if we appear negligent in paying our debts, and ungrateful to those who have served and befriended us; our reputation, and all the strength it is capable of procuring, will be lost, and fresh attacks upon us will be encouraged and promoted, by better prospects of success. Let us therefore beware of being lulled into a dangerous security; and of being both enervated and impoverished by luxury: of being weakened by internal contentions and divisions; of being shamefully extravagant in contracting private debts, while we are backward in discharging honorably those of the public; of neglect in military exercises and discipline, and in providing stores of arms and munition of war, to be ready on occasion: for all these are circumstances that give confidence to enemies, and diffidence to friends; and the expenses required to prevent a war, are much lighter than those that will, if not prevented, be absolutely necessary to maintain it. I am long kept in suspense without being able to learn the purpose of congress respecting my request of recall, and that of some employment for my secretary, W. Temple Franklin. If I am kept here another winter, and as much weakened by it as by the last, I may as well resolve to spend the remainder of my days here; for I shall hardly be able to bear the fatigues of the voyage in returning. During my long absence from America my friends are continually diminishing by death, and my inducements to return lessened in proportion. But I can make no preparations either for going conveniently, or staying comfortably here, nor take any steps towards making some other provision for my grandson, till I know what I am to expect. Be so good, my dear friend, to send me a little private information. With great esteem, I am ever yours, &c. B. FRANKLIN. From David Hartley, Esq., M. P., to Dr. Franklin. SIR, I HAVE the honor to inform you, that I have transmitted to London the ratification, on the part of congress, of the definitive treaty of peace between Great Britain and the United States of America. I am ordered to represent to you, that a * Copy of a Letter from Lord Carmarthen to D. Hartley, Esq. SIR, I RECEIVED this morning by Lauzun, your dispatch No. 5, and the private letter of the 24th instant, together with the ratification of the treaty between Great Britain and the United States of America; and I own it was with the greatest surprise that I perceived so essential a want of form as appears in the very first paragraph of that instrument, wherein the United States are mentioned before his majesty, contrary to the established custom observed in every treaty in which a crowned head, and a republic are contracting parties. The conclusion, likewise, appears extremely deficient, as it is neither signed by the president nor is it dated, and consequently is wanting in some of the most essential points of form necessary towards authenticating the validity of the instrument. I should think the American ministers could make no objection to correcting these defects in the ratification, which might very easily be done, either by signing a declaration in the name of congress for preventing the particular mode of expression, so far as relates to precedency, in the first want of form appears in the first paragraph of that instrument, wherein the United States are mentioned before his majesty, contrary to the established custom in every treaty in which a crowned head and a republic are parties. It is likewise to be observed, that the term " definitive articles," is used instead of definitive treaty; and the conclusion appears likewise deficient, as it is neither signed by the president, nor is it dated, and consequently is wanting in some of the most essential points of form necessary towards authenticating the validity of the instrument. I am ordered to propose to you, sir, that these defects in the ratification should be corrected, which might very easily be done either by signing a declaration in the name of congress, for preventing the particular mode of expression, so far as relates to precedency in the first paragraph, being considered as a precedent to be adopted on any future occasion; or else by having a new copy made out in America, in which these mistakes should be corrected, and which might be done without any prejudice arising to either of the parties from the delay. I am, sir, with great respect and consideration, your most obedient humble servant, To B. Franklin, Esq. DAVID HARTLEY. paragraph, being considered as a precedent, to be adopted on any future occasion, or else by having a new copy made out in America, in which these mistakes should be corrected, and which might be done without any prejudice arising to either of the parties from the delay. I am, with great truth and regard, sir, your most obedient humble servant, CARMARTHEN. P. S. I send you inclosed a copy of the ratification—part of the treaty which it is also to be observed were previously described as "definitive articles." |