sending him at the same time copies of the proclamation and resolutions. We have this day received from him the enclosed answer and we expect he will soon be here, and put, with us, the finishing hand to this important business. With great respect, we have to be, &c., B. FRANKLIN. JOHN JAY. FROM D. HARTLEY TO BENJAMIN FRANKLIN AND JOHN JAY. Gentlemen, April 9, 1784. I have received the honor of your letter dated March 21, 1784, with the enclosures, which I have communicated to his Majesty's Ministers. I have the pleasure to inform you that the ratification on our part is now making out; and that I have received orders to prepare for the exchange at Paris with all convenient speed. Before my departure, I shall propose such general sentiments for the consideration of his Majesty's Ministers as have occurred to me in our former negotiations; my utmost wish at all times being to give every possible assistance in my power to effect a cordial and conciliatory intercourse and connexion between our countries. I have the honor to be, &c., D. HARTLEY. FROM BENJAMIN FRANKLIN TO THE PRESIDENT OF CONGRESS. Sir, Paris, May 12, 1784. In my last I acquainted your Excellency that Mr. Hartley was soon expected here to exchange ratifications of the definitive treaty. He is now arrived, and proposes to make the exchange this afternoon. I shall then be enabled to send a copy. Enclosed is the new British proclamation respecting our trade with their colonies. It is said to be a temporary provision till Parliament can assemble and make some proper regulating law, or till a commercial treaty shall be framed and agreed to. Mr. Hartley expects instructions for planning with us such a treaty. The Ministry are supposed to have been too busy with the new elections when he left London to think of those matters. This Court has not completed its intended new system for the trade of their colonies, so that I cannot give a certain account of the advantages that will in fine be allowed us. At present, it is said we are to have two free ports, Tobago and the Mole, and that we may carry lumber and all sorts of provisions to the rest, except flour, which is reserved in favor of Bordeaux, and that we shall be permitted to export coffee, rum, molasses, and some sugar, for our own consumption. We have had under consideration a commercial treaty proposed to us by the King of Prussia, and have sent it back, with our remarks, to Mr. Adams, who will, I suppose, transmit it immediately to Congress; those planned with Denmark and Portugal wait its determination. Be pleased to present my dutiful respects to the Congress, and believe me to be, with sincere and great esteem, sir, &c., B. FRANKLIN. May 13th. I now enclose a copy of the ratification of the definitive treaty on the part of his Britannic Majesty. Sir, FROM DAVID HARTLEY TO BENJAMIN FRANKLIN. Paris, June 1, 1784. I have the honor to inform you that I have transmitted to London the ratification on the part of Congress of the definitive treaty of peace between Great Britain and the United States of America; and I am ordered to represent to you that a want of form appears in the first paragraph of that instrument, wherein the United States are mentioned before his Majesty, contrary to the established custom in every treaty in which a crowned head and a republic are parties. It is likewise to be observed that the term definitive articles is used instead of definitive treaty, and the conclusion appears likewise deficient, as it is neither signed by the President nor is it dated, and consequently is wanting in some of the most essential points of form necessary towards authenticating the validity of the instrument. I am ordered to propose to you, sir, that these defects in the ratification should be corrected, which might very easily be done, either by signing a declaration in the name of Congress for preventing the particular mode of expression, so far as it relates to precedency in the first paragraph being considered as a precedent to be adopted on any future occasion, or else by having a new copy made out in America, in which these mistakes should be corrected, and which might be done without any prejudice arising to either of the parties from the delay. I am, with great respect, &c., DAVID HARTLEY. Sir, FROM BENJAMIN FRANKLIN TO DAVID HARTLEY. Passy, June 2, 1784. I have considered the observations you did me the honor of communicating to me concerning certain inaccuracies of expression and supposed defects of formality in the instrument of ratification, some of which are said to be of such a nature as to affect the validity of the instrument. The first is, "that the United States are named before his Majesty, contrary to the established custom observed in every treaty in which a crowned head and a Republic are the contracting parties." With respect to this, it seems to me we should distinguish between that act in which both join, to wit, the treaty, and that which is the act of each separately, the ratification. It is necessary that all the modes of expression in the joint act should be agreed to by both parties, though in their separate acts each party is master of, and alone unaccountable for, its own mode. And, on inspecting the treaty, it will be found that his Majesty is always regularly named before the United States. Thus "the established custom in treaties between crowned heads and republics," contended for on your part, is strictly observed; and the ratification following the treaty contains these words: "Now know ye, that we, the United States in Congress 'assembled, having seen and considered the definitive articles aforesaid, have approved, ratified, and confirmed, and by these presents do approve, ratify, and confirm the said articles, AND EVERY PART AND CLAUSE THEREOF," &c. Hereby all those articles, parts, and clauses, wherein the King is named before the United States are approved, ratified, and confirmed, and this solemnly under the signature of the President of Congress, with the public seal affixed by their order, and countersigned by their Secretary. No declaration on the subject more determinate or more authentic can possibly be made or given, which, when considered, may probably induce his Majesty's Ministers to waive the proposition of our signing a similar declaration, or of sending back the ratification to be corrected in this point, neither appearing to be really necessary. I will, however, if it be still desired, transmit to Congress the observation and the difficulty occasioned by it, and request their orders upon it. In the meantime I may venture to say that I am confident there was no intention of affronting his Majesty by their order of nomination, but that it resulted merely from that sort of complaisance which every nation seems to have for itself, and of that respect for its own Government, customarily so expressed in its own acts, of which the English, among the rest, afford an instance when, in the title of the King, they always name Great Britain before France. The second objection is, "that the term definitive articles is used instead of definitive treaty." If the words definitive treaty had been used in the ratification instead of definitive articles it might have been more correct, though the difference seems not great nor of much importance, as in the treaty itself it is called the present Definitive Treaty. The other objections are, "that the conclusion likewise appears 'deficient, as it is neither signed by the President nor is it dated, and consequently is wanting in some of the most essential points of 'form necessary towards authenticating the validity of the instru 'ment." The situation of seals and signatures in public instruments differs in different countries, though all equally valid; for when all the parts of an instrument are connected by a ribband, whose ends are secured under the impression of the seal, the signature and seal, wherever placed, are understood as relating to and authenticating the whole. Our usage is to place them both together in the broad margin near the beginning of the piece, and so they stand in the present ratification, the concluding words of which declare the intention of such signing and sealing to be giving authenticity to the whole instrument, viz: "In testimony whereof, we have caused the 'seal of the United States to be hereunto affixed; Witness his Excellency Thomas Mifflin, Esquire, President ;" and the date, supposed to be omitted, perhaps from its not appearing in figures, is, nevertheless, to be found written in words at length, viz: "this fourteenth day of January, in the year of our Lord one thousand seven hundred and eighty-four," which made the figures unnecessary. With great esteem and respect, &c., B. FRANKLIN. FROM B. FRANKLIN TO THE PRESIDENT OF CONGRESS. Sir, Passy, June 16, 1784. My letter by Mr. Jay acquainted your Excellency that the ratifications of the definitive treaty were exchanged. A copy of the British part was also sent by him. Mr. Hartley remained here expecting instructions to treat with us on the subject of commerce. The bustle attending a new election and meeting of Parliament, he imagined, might occasion the long delay of those instructions. He now thinks that the affair of the American trade being under the consideration of Parliament, it is probable no treaty will be proposed till the result is known. Mr. Jay, who sailed for America the first instant from Dover, and who saw there several of our friends from London before his departure, and Mr. Laurens, who left London on the 6th to go on in the Falmouth packet, will be able to give you more perfect informations than I can of what may be expected as the determination of the British Government respecting our intercourse with their islands, and, therefore, I omit my conjectures, only mentioning that, from various circumstances, there seems to be some lurking remains of ill humor there, and of resentment against us, which only wants a favorable opportunity to manifest itself. This makes it more necessary for us to be upon our guard and prepared for events that a change in the affairs of Europe may produce; its tranquillity depending, perhaps, on the life of one man, and it being impossible to foresee in what ment of its various interests may place us. in proportion to the apparent solidity of our of our credit, the maintenance of a good understanding with our friends, and our readiness for defence. All which I persuade myself will be taken care of. situation a new arrangeOurs will be respected Government, the support Enclosed I send a copy of a letter from Mr. Hartley to me, respecting some supposed defects in the ratification, together with my answer, which he has transmitted to London. The objections appeared to me trivial and absurd; but I thought it prudent to treat them with as much decency as I could, lest the ill temper should be augmented, which might be particularly inconvenient while the commerce was under consideration. 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