4

Spanish mission, but the commissioners to the other courts, William Lee to Berlin and Vienna, and Ralph Izard to Tuscany, were not chosen until the following May. The instructions to William Lee and Ralph Izard contain this clause: "For your better instruction herein, the commissioners at the court of Versailles will be desired to furnish you, from Paris, with a copy of the treaty originally proposed by Congress, to be entered into with France, together with the subsequent alterations that have been proposed on either side. The efforts to negotiate with Spain were unsuccessful, Izard never went to Tuscany, and although William Lee did go to Vienna he found no opportunity to negotiate a treaty with that court."

On retiring to Frankfort, however, in the summer of 1778, Lee took it upon himself to draw up with John de Neufville, representing the city of Amsterdam, what the negotiators considered to be "a proper treaty of commerce to be entered into " between the Netherlands and the United States. Lee wrote to the Committee of Foreign Affairs on September 12" that the draft contained "all the substantially advantageous articles of the commercial treaty with France and some beneficial additions". It is evident from an examination of this project that Lee had before him not only the treaty with France but also the original plan which was drawn up in Congress nearly two years before. It may also be noted here that parts of Lee's draft not found in either of his models were incorporated into subsequent treaty projects. Lee avowed that he had no authority to sign a treaty with the Netherlands, but he repeatedly urged Congress to adopt measures for giving its sanction to the treaty which he had drawn.10

January 1, 1777. On May 1 Arthur Lee was also appointed to negotiate with the Spanish court.

Izard was elected on May 7, Lee on May 9.

Jour. Cont. Cong., July 1, 1777.

See Schlitter, Die Berichte des Ersten Agenten Oesterreichs in den Vereinigten Staaten von Amerika, pp. 225-227; also Lee's correspondence in Wharton, Revolutionary Diplomatic Correspondence of the United States, II., and Sparks, Diplomatic Correspondence of the American Revolution, vol. II.

Lee's project bears the date September 4, 1778. It is recorded in Jour. Cont. Cong., under the date of February 22, 1779, and is also found in Wharton, Dipl. Corr., II. 789-798. See also Van Berckel to Dumas, September 23, 1778 (ibid., II. 738).

9 Ibid., II. 715.

10 Letters to the Committee of Foreign Affairs, September 12, October 15, 1778, and February 26, 1779. Ibid., II. 715, 789; III. 65. Lee also delivered a copy of his treaty to the commissioners in Paris, who intimated that at a proper time they would themselves take up the matter of negotiating such a treaty with the Netherlands. See the letter of the commissioners to William Lee, September 26, 1778 (ibid., II. 744); cf. their letter to Dumas, October 16 (ibid., p. 798). In fact such a step had already been taken. See the commissioners to Dumas, April 10, 1778 (ibid., p. 545).

Lee's project came before Congress February 22, 1779, and there for several months remained buried. In October11 of that year Henry Laurens was chosen to negotiate a treaty of amity and commerce with Holland, and a draft of a treaty was prepared for him. Again, however, there was a long delay, this time for more than a year, when the commission for this particular purpose was transferred to John Adams and the draft which had been drawn up for Laurens was somewhat modified and adopted. This was on December 29, 1780.12 This plan of Congress shows its indebtedness to Lee's project as well as to the French treaty and the plan of September, 1776, for it includes some of Lee's "beneficial and agreeable additions"; on the other hand it omits some of those provisions, as it also modifies in places both the language and the matter of its three models.

Complications in Europe long postponed negotiations with the Netherlands,13 but finally, on April 23, 1782, Adams laid before their High Mightinesses a project of a treaty "drawn up conformable to the instructions of Congress ".14 The precise form of Adams's draft is not known15 but it probably differed but little from the treaty actually concluded on October 8 of that year, which includes provisions from Lee's project and the French treaty which are not found in the plan drafted in Congress, and also embodies other modifications, while retaining in large measure nevertheless the identical language of those projects.18

While the Dutch treaty was in progress of negotiation steps were taken toward concluding a similar treaty with Sweden. On June 25, 1782, Franklin wrote to Livingston that Sweden desired to enter into a treaty of amity and commerce with the United States, and

11 See Jour. Cont. Cong., October 21, 26, and 30; also November 16.

12 See the plan in the Journals under that date. Dumas had, on March 15, 1780, sent to the Committee of Foreign Affairs a plan of a treaty with the Netherlands, but this plan has not been found and no evidence has been discovered that any use was made of it. See Wharton, Dipl. Corr., III. 549; cf. Dumas to the President of Congress, March 21 (ibid., III. 565), and Franklin to Dumas, April 23 (ibid., III. 625).

13 Congress had meanwhile (August 16, 1781) issued additional instructions to Adams. See the Journals and Wharton, Dipl. Corr., IV. 636; see also some observations of a committee of Congress, July 17, 1782 (Secret Journals of the Acts and Proceedings of Congress, III. 144).

1 Adams to Livingston, April 23, 1782 (Wharton, Dipl. Corr., V. 325); cf. Adams to the President of Congress, January 14, 1782 (ibid., p. 97); Dumas to Livingston, May 10 (ibid., p. 409); and Adams to Dana, May 13 (ibid., p. 415).

15 But see Adams to Livingston, June 9 and 15, and October 8, 1782 (ibid., pp. 482, 495, 803).

16 The treaty is found in the Journals under January 23, 1783, and in Treaties, Conventions, etc., between the United States and Other Powers (ed. Malloy), II. 1233-1244.

AM. HIST. REV., VOL. XVI.-38.

he suggested that a particular power be given him for that purpose.17 Accordingly on September 28 a draft of a treaty to be proposed to the Swedish government was adopted by Congress and sent to Franklin, together with appropriate commission and instructions. 18 The preparation of a special plan of a treaty with Sweden would appear to have been a work of supererogation, for the old plans were drawn forth and only subjected to minor alterations and some omissions.19 By April 3, 1783, the treaty had been concluded and signed.20 Franklin says of the treaty: "It differs very little from the plan sent me; in nothing material."21 Notwithstanding this statement provisions which are not found in the draft sent to Franklin were incorporated from the French and Dutch treaties; moreover the language of the treaty was in greater degree recast than had been done in any previous instance.

Meanwhile Denmark was likewise manifesting a desire "to form as soon as possible reciprocal connexions of friendship and commerce" with the new republic, and that government's minister of foreign affairs, Rosencrone, suggested (February 22, 1783) that "the shortest way of accelerating these new connexions would be to take the treaty between the Congress and the States General for the basis."22 Franklin responded (April 13) by sending such a sketch "formed on the basis of our treaty with Holland ".23 To Livingston Franklin wrote on April 15 that, while waiting for express powers from Congress, he had sent to the Danish minister for his consideration "a translation of the plan, mutatis mutandis, which I received. from Congress for a treaty with Sweden ".24 On July 8 Rosencrone submitted a counter-project which was in most respects, both in form and substance, identical with the Swedish treaty, although embodying several modifications.25

"Wharton, Dipl. Corr., V. 510. See also Adams to Livingston, December 14, 1782 (ibid., VI. 133), and Franklin to Livingston, December 24 (ibid., VI. 163). 18 See Jour. Cont. Cong., September 19 and 28, 1782.

19 One unaccountable omission was the article concerning "liberty of conscience".

20 The treaty is in Jour. Cont. Cong., July 29, 1783, and in Treaties, Conventions, etc. (ed. Malloy), II. 1725-1735.

Franklin to Livingston, March (April ?) 7, 1783. Wharton, Dipl. Corr., VI. 276.

22 Rosencrone to Walterstorff, February 22, 1783. Ibid., p. 261. 23 Franklin to Rosencrone, April 13, 1783. Ibid., p. 372.

"The treaty with

24 Ibid., p. 397; cf. Franklin to Livingston, June 12, 1783: Denmark is going on. . . It is on the plan of that proposed by Congress for Sweden." Ibid., p. 480.

*This counter-project is in ibid., pp. 519-527, accompanying a letter from Franklin to Livingston, July 22-25, 1783.

Portugal next came forward with proffers of friendship and trade. On June 12, 1783, Franklin wrote to Livingston: " Portugal has likewise proposed to treat with us, and the ambassador has earnestly urged me to give him a plan for the consideration of his court, which I have accordingly done, and he has forwarded it." Returning to the subject in his letter to Livingston, July 22, he wrote: "The ambassador of Portugal appears extremely desirous of a treaty with our States; I have accordingly proposed to him a plan of one (nearly the same with that sent me for Sweden) and, after my agreeing to some alterations, he has sent it to his court for approbation."2 On November 1 Franklin wrote to the President of Congress that the conclusion of the Danish treaty waited only for the commission and instructions from Congress, and that the treaty with Portugal was under consideration at the Portuguese court.28 Inasmuch as the proposed treaties with Denmark and Portugal did not, in the period under consideration, reach fruition, it is aside from the purpose of this note to trace them further. It should nevertheless be here noted that after the coming of Jefferson in 1784 negotiations were renewed with both powers, and new, that is, somewhat modified, drafts were offered to the representatives of those governments,29 but these projects likewise failed of consummation.

Up to this time special powers for negotiating and signing each particular treaty had seemed necessary; but now, since there appeared to be an inclination among the European governments generally to enter into treaties of amity and commerce with the United States, Congress issued on October 29, 1783, general instructions to the ministers at Versailles authorizing them to negotiate and sign treaties with all the powers with which treaties were desirable, and on May 7, 1784, adopted a new outline for such treaties.30 On the same day Jefferson was joined to Adams and Franklin in the mission. This time no attempt was made to draw up a plan of treaties in specific form, but only fundamental provisions were laid down. Nevertheless the old plan continued to do duty, or what was essentially the same thing, one of the treaties already concluded was used as a model. Already, in March, 1784, Adams had begun negotia26 Ibid., p. 480.

27 Ibid., p. 580. The text of the plan is in ibid., pp. 588-591.

28 Ibid., p. 721.

29 See the reports of the commissioners to Congress, November 11 and December 15, 1784 (Diplomatic Correspondence of the United States of America from the Signing of the Treaty of Peace, I. 534, 544); Jefferson to Walterstorff, February 3, 1785 (ibid., pp. 547-549), and cf. post, pp. 584, 585.

30 See Secret Journals (Foreign Affairs), October 29, 1783, March 26, April 1, 2, May 7, and 11, 1784.

tions with the Prussian minister, who had "agreed to take our treaty with Sweden for a model, reserving to each party the right of suggesting such alterations as shall appear to him convenient ".31

Shortly afterward that minister submitted to Adams a counterproject prepared at the Prussian court, retaining for the most part. both the matter and the language of the Swedish treaty but introducing a few modifications.32 Upon this Adams made some suggestions, and on June 7 wrote to the President of Congress that the treaty was ready for signature, unless Congress had other alterations to propose.33 In August Jefferson arrived in Paris bringing the new commission and instructions, and the three commissioners now proceeded toward the perfection of the treaty. The new instructions involved some additional provisions, and these were accordingly incorporated in a new project, which was transmitted to the Prussian minister on November 10.35 Although negotiations were drawn out during several months with observations and counter-observations 36 the treaty which was finally concluded in July, 1785, was substantially this project with a few additions and omissions.37

34

This project is of especial interest because it was transmitted in its identical form, mutatis mutandis, to the courts of Portugal, Denmark, and Tuscany,38 and with slight alterations to the representative of the Austrian government.39 A part of it was also proposed as a treaty of commerce with Great Britain, and in a con

40

31 Adams to the President of Congress, March 27, 1784. Dipl. Corr. U. S. A., 1783-1789, I. 438. The same letter is in Wharton, Dipl. Corr., VI. 782, with date March 2. See also Adams to the President of Congress, March 9 (Dipl. Corr. U. S. A., I. 435), and Thulemeier to Adams, March 14 (ibid., p. 439).

32 The counter-project is in Dipl. Corr. U. S. A., I. 443-453, inclosed in a letter of Adams to the President of Congress, April 10.

33 Ibid., p. 458. Adams's observations on the project are found at pp. 459-463. See also Adams to the President of Congress, May 13 (ibid., p. 455).

34 See the commissioners to Thulemeier, September 9. Ibid., p. 505. 35 Ibid., p. 531. The proposed treaty is in ibid., pp. 520-529.

36 See, especially, Thulemeier to the commissioners, December 10, 1784 (ibid., P. 545); the commissioners to Thulemeier, January 21, 1785 (ibid., p. 546); Thulemeier to the commissioners, January 24 (ibid., p. 553); the commissioners to Thulemeier, March 14 (ibid., p. 554); Thulemeier to the commissioners, May 3 (ibid., p. 578). Further correspondence concerning the treaty is found ibid., pp. 580-600.

37 The treaty was signed by Franklin on July 9, 1785, but the Prussian minister did not sign it until September 10. The treaty is found in the Jour. Cont. Cong., under May 17, 1786 (Secret Journals, III. 25-43), and in Treaties, Conventions, etc. (ed. Malloy), II. 1477-1486.

38 See the reports of the commissioners to Congress, November II and December 15, 1784. Dipl. Corr. U. S. A., I. 534, 544.

30 See post, p. 586.

40 Commissioners to Caermarthen, April 4, 1786. Dipl. Corr. U. S. A., I. 602-604.