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The other objections are, "That the conclusion likewise appears deficient, as it is neither signed by the president, nor is it dated, and consequently is wanting in some of the most essential points of form necessary towards authenticating the validity of the instrument." It is true that the signature of the president is not placed at the end of the piece. Among the infinite number of treaties and ratifications that have been made in different ages and countries, there are found a great variety in the forms, and in the manner of placing the seals and signatures, all however equally authentic and binding. Which of the precedents we have followed, I know not; but I think our ratifications have generally been sealed in the margin near the beginning, and the president's name subscribed by him, as it ought to be, near the seal. This is then our usage. And it has never hitherto been objected to by any of the powers with whom we have treated, not even by yourselves in our ratification of the preliminary articles exchanged in 1783. And I observe that your own method is not always uniform; for in your last ratification the king signs only at the end; in the first, at both the end and the beginning.. If we had, like older nations, a great seal, the impression of which, from its bulk and weight, could only be appended, the signature might properly be placed above it at the end of the instrument. Probably the want of an able artist prevented our having hitherto such a seal. In the mean time, as all the parts of the instrument are connected by a ribband whose ends are secured under the impression, the signature and seal wherever placed, relate to, and authenticate the whole. This is expressly declared by the congress in the concluding sentence, viz. In testimony whereof, "we have caused the seal of the United States to be hereunto affixed. Witness, His Excellency Thomas Mifflin, Esq. President, this fourteenth day of January, in the year of our Lord one

thousand seven hundred and eighty-four." It is thus that the duplicate before me is dated, in these words at length, and I apprehend the original exchanged must be the same; so that the essential article of a date was not wanting as supposed, but has been overlooked by the person who made the objection.

The ratification was passed in congress unanimously; and the treaty will, I firmly believe, be punctually and faithfully executed on their part: we confide that the same will be done on yours. Let us endeavor on all sides to establish the "firm and perpetual peace" we have promised to each other, and not suffer even the prospect of it to be clouded by too critical an attention to small forms and immaterial circumstances. With great esteem and respect, I have the honor to be, sir, your Excellency's most obedient and most humble servant, B. FRANKLIN.

DAVID HARTLEY, ESQ. TO DR. FRANKLIN.

MY DEAR FRIEND,

Bath Dec. 1, 1784.

I write to you from Bath, where I am with my sister, who goes on slowly in her recovery, but I hope ina fair way towards it. She desires to be remembered to you. As to any matters of American negotiation I am not at present in any state of information. I am at present drawing up such opinions as occur to me upon the subject, and propose to lay them before the administration. I presume that some determination will be made upon this subject soon after the next meeting of parliament. And probably there may be some arrangements in the administration before that time. The public papers will inform you that your old friend Lord Shelburne is made Marquis of Lansdown, which

has the appearance of being highly in favor. I make no inquiries about ministers or American plans. My principles are well known; and if, consistently with those principles, I can transact my negotiation, I am always ready. But as I make no inquiry I am quite ignorant of the plans of the present ministry, or even whether they employ any one else since my return from Paris. If any one else is employed it can be no secret, and therefore I should be obliged to you if you would let me know before I deliver in the paper which I am drawing up for the ministry as a general summation. I should likewise be very much obliged to you if you would send me any information of any public events or proceedings in America respecting the subject of commercial negociations with Great Britain, or having any such reference. Mr. Jefferson was so good as to promise me the favor of his correspondence upon these subjects; and perhaps, as being the younger man, he would be so good as to give himself the trouble of giving me generally American information, viz, what states have confirmed the resolutions of congress of April SO, 1784, respecting powers to regulate the commerce of the states-what states have consented to the five per cent. impost for discharging the foreign debt, &c. &c. &c. It has always been the misfortune of this country to have the public prints filled with false reports, and many of them such as have a tendency to make ill-will between the two countries, for which reason I wish to receive from my friends as much authentic information as possible. I have met with very confident assertions in this country that the state of Virginia has passed an act to prohibit the payment of British debts. Mr. Jefferson told me that the act did not pass, at least so I understood him. I should be glad to know the certainty respecting this fact. Many and many things are asserted respecting the conduct of the states upon the claims

of the loyalists. I wish to be informed generally of public facts in America. Much good towards conciliation might arise from such authentic general information. Some facts or other would meet the lie of the day. I should be very happy to hear now as soon as convenient from you and from Mr. Jefferson, for the purpose of comparing with the general summary which I am now drawing up. I understand that you are opening negociations of commerce with all the courts of Europe: I presume among the rest with the Emperor in case the Scheld should be opened. I presume it is the American trade which the Emperor has in view principally in contending for the opening of the Scheld. That is the new object and event which constitutes the main difference between shutting up the Scheld 140 years ago, and opening it now. The American trade was not meant to be precluded formerly, having at that time no existence. I came through Brussels and Antwerp in my way to England, and I heard at both places this doctrine of the American trade being an object for the Emperor. This was their way of reasoning upon it. One of the principal magistrates at Antwerp told me that he was actually in correspondence with Americans to come and settle at Antwerp in case the Scheld should be opened.

I hope you continue to enjoy good health. Pray remember me to Mr. Adams and all his family. To Mr. Jefferson and Mr. Humphreys; and to Mr. W. T. Franklin, and all friends. I am ever most affectionately yours.

To Dr. Franklin, &c. &c. &c.

D. HARTLEY.

P. S. Is Mons. de Vergennes minister for foreign affairs? We have had a report here of his resignation.-Direct always to me in Golden Square, Loudon; my letters will be sent after me wherever I am.

TO DAVID HARTLEY, ESQ.

MY DEAR FRIEND,

Passy, Jan. 3, 1785.

I received your kind letter of December 1, from Bath. I am glad to hear that your good sister is in a fair way towards recovery: my respects and best wishes attend her.

I communicated your letter to Mr. Jefferson, to remind him of his promise to communicate to you the intelligence he might receive from America on the subjects you mention; and now, having got it back, I shall endeavor to answer the other parts of it.

What you propose to draw up of your opinions on American negociation, may be of great use, if laid, as you intend, before administration, in case they seriously intend to enter on it after the meeting of parliament: for I know your ideas all tend to a good understanding between the two countries and their common advantage; and in my mind too, all selfish projects of partial profit are the effects of short-sightedness, they never producing permanent benefits, and are at length the causes of discord and its consequences, wherein much more is spent than all the temporary gains amounted to.

I do not know that any one is yet appointed by your court to treat with us. We some time since acquainted

your minister with our powers and disposition to treat, which he communicated to his court, and received for answer, that his majesty's ministers were ready to receive any propositions we might have to make for the common benefit of both countries; but they thought it more for the honor of both, that the treaty should not be in a third place. We answered, that though we did not see much inconvenience