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54. Consular Exemptions.

Duties on tea and silk sent as presents from Canton.

Office of Foreign Affairs, September 25, 1787. The Secretary of the United States for Department of Foreign Affairs, to whom was referred a letter of the 16th Aug. 1787, from Sir John Temple, the British Consul General, reports-

That this letter states, that a relation at Canton sent him in the Hope, lately arrived at this port, a small box of tea, and a piece of silk, for Lady Temple's use, that he sent for them, and that the Collector returned for answer, that as there was no treaty of commerce subsisting between his Britannic Majesty and the seStates, Sir John must pay the impost or duties charged upon such articles by the Government of the State of New-York. Sir John requests to be informed, whether or not it be right and proper for him to pay the duties so demanded.

. Two things in this letter merit attention-first, the implied claim of the Consul to an exemption from duties; and secondly, the reason assigned by the Collector for demanding the ordinary duties in the present case.

The respect due from nation to nation, and from Sovereign to Sovereign, has introduced among civilized nations the general custom and usage of exempting Ambassadors and public Ministers from duties and imposts. The only question on this point which merits attention is, whether Consuls are to be considered in this light.

In the opinion of your secretary, Consuls are not, by the laws or usage of nations, considered or treated as public Ministers, and therefore that they are not entitled to the exemptions in question either here or elsewhere.

It would seem, from the collector's answer, that he considers the other Consuls, between whose nations and the United States treaties of commerce exist, as entitled to such exemptions; and therefore, your secretary is inclined to think it would be expedient for Congress to correct that mistake. It appears from general ex. perience, that this privilege to Ambassadors and Ministers has produced many inconveniences, and is attended with great abuse-in so much, that some nations have found it necessary to take measures to guard against and check them. In France, it is usual for Ministers to report the articles intended to be introduced, and the Government pays the duties to the farmers; and a late instance of an Ambassador at the court of Londou, importing 800 dozen of wine at one time, for the use of his table, and shortly after disposing of 500 dozen of them to grocers, has called the attention of the Ministry to the necessity of establishing regulations on the subject; but what they will be is not yet decided. If such inconveniences result from such a privilege to a few Ambassadors and Ministers, men high in office and reputation, and whose situations render such practices particularly indecent and improper, it is easy to foresee how much greater and more extensive evils would result from similar indulgencies to the numerous Consuls to be found in every commercial country, to admit them.

It is submitted, therefore, to the consideration of Congress, whether (without taking any particular notice of Sir John's case) it would not be proper to resolve as follows, viz:

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Whereas doubts have in certain instances arisen, whether foreign Consuls, residing in the United States, are entitled to an exemption from such legal imposts

and duties on Merchandizes by them imported, for their own use, as are payable by other subjects of their respective nations.

Resolved, That no Consuls, of any nation, are entitled to such exemptions in the United States.

All which is submitted to the wisdom of Congress.

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JOHN JAY

New York, March 1, 1786. Dear Sir, I have received the letter which you did me the honor to write yesterday, informing that instead of granting a permit, as you requested for me to purchase and export a horse, his Majesty has been pleased to order one to be sent to you for me. This is indeed doing a favor in a royal manner; it demands my sincere and respectful acknowledgments, and I shall take the liberty of requesting the Count de Florida Blanca to express to the King the sense I entertain of it.

I ought, however, to apprize you, that I do not consider myself at liberty to accept the horse without the previous permission of Congress. I shall immediately lay your letter before them, and acquaint you without delay of the answer they may be pleased to give.

Your application for the permit was friendly and obliging; accept my thanks for it, and be assured of the esteem and regard with which I have the honor to be, &c. JOHN JAY.

56.

From Count de Florida Blanca to Wm. Carmichael.
Relative to the rank and powers of Don Diego de Gardoqui. Extract.

St. Laurens, 7th October, 1784. Sir,As the U. States have not conferred upon you any other title than that of Charges d'Affairs, Don Diego de Gardoqui will only have the same: but notwithstanding it is not usual in Europe, for sovereigns to give credentials to mere Charges d'Affairs, yet, considering the circumstances of this commission, he will have credentials from his Majesty to the United States; and the King chooses as a mark of distinction which they merit, that it shall be in every respect similar to what his Majesty gives to the Ministers which he sends to the United Provinces of the low countries, with this exception only, that the latter are in French, and Mr Gardoqui's will be in Spanish.

His Majesty hopes no difficulty will occur in the reception of Don Diego de Gardoqui; and in his presenting his credentials to Congress with proper formality —but although attention has thus been paid to what might happen, he will carry a letter of credence to the President of Congress, that by means thereof, and of the full powers given by his Majesty, the execution of his commission may not be delayed on account of points of etiquette.

57.

THE COUNT DE FLORIDA BLANCA.

From Wm. Carmichael to John Jay.

Negotiation with Spain.

Extract.

Aranjuez, May 6th, 1789. Sir, he [F. Blanca] recapitulated animatedly the good offices which we had received from this country, cur treatment in their ports as the most favored nation the satisfaction given to the complaints of individuals, our

treaty with Morocco, his late Majesty's firm intentions to employ for the States any influence he might have with the other Barbary Powers. In return for all which, this court had experienced a delay and an indifference on our part, little corresponding with the views it had in sending Mr Gardoqui to America. It was in vain to interrupt, indeed I thought it better not to do it; he continued, that our delay and indifference were not the only cause of complaint, that he had received proofs of another nature of the ill will of the United States.. I immediately desired to know what these were, for that it often happened that misconceptions arose from mistaken notions of the persons who gave information; I prayed his Excellency to have the goodness to communicate to me candidly the intelligence he had received that I might have an opportunity of giving such explanations, as I was convinced I should be able to do from my knowledge of the desire of my constituents to cultivate the friendship of his Catholic Majesty. I could, however, draw nothing from him but general expressions, and a recapitulation of the abovementioned. He added, that Mr Gardoqui had received every instruction necessary to conclude a convention with the United States, but that unaccountable delay and aversion on our part had rendered the measures taken here Ineffectual. I in vain endeavored to enter into explanations and discussions on these points, he constantly interrupted me in saying "all that I can tell you is, that Spain only desires to receive from the United States that the same treatment that it has evinced towards them." As he opened the door in finishing this sentence, I was constrained to leave him. I have the honor to be, &c.

W. CARMICHAEL.

58. From John Adams to John Jay.

South American Affairs. Extract. Grosvenor Square, May 28, 1786. Dear Sir, An agent from South America, was not long since arrested at Rouen in France, and has not since been heard of. Another agent, who was his associate, as I have been told, is here, and has applied to Government for aid. Government, not in a condition to go to war with Spain, declines having any thing to do with the business. But if application should be made to rich individuals, and profitable prices offered, for twenty or thirty thousand stands of arms, a number of field pieces, a few battering cannon, some mortars, a good deal of ammunition, clothing, &c., do you think that in this capital of mammon, they might not be obtained? I might mention names and facts, which have been communicated to me. But my information is not official nor authentic enough for this. It is sufficient to say, that an office like that, once undertaken by Mr Beaumarchais, would not probably be refused by all men here.

You are probably better informed than I can pretend to be of the disturbances which took place in the Spanish provinces of South America, during the late war, of the pacification of them, and of the complaints and discontents which now prevail. It is a fixed opinion in many minds here, that a revolution in South America would be agreeable to the U.States,and it is depended on that we shall do nothing to prevent it, if we do not exert ourselves to promote it, I shall decline entering far into this speculation which is out of my depth. But I must venture to say, that 'Portugal is bound by a treaty of 1778, to assist Spain in such a case. France must assist her, from the family compact, and for a still more weighty reason, viz:

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to prevent England from getting too rich and powerful by it; and Holland is now bound by treaty to France, and perhaps to Spain. We should be very cautious what we do. For England will certainly reap the greatest advantage, as she will supply, with her manufactures, all South America, which will give her a sudden wealth and power, that will be very dangerous to us.

That British Ambassadors will very soon endeavor to excite the two Empires and Denmark, to an alliance, for the purpose of setting the Spanish and Portuguese colonies free, is very probable, as an inducement they may agree to assist in opening the Danube and the navigation by the Dardanelles. The object of the next war, I think, will be the liberty of commerce in South America, and the East Indies. We shall be puzzled to keep out of it. But I think we ought if we can.England would gain the most by such a turn in affairs, by the advantages she has over other nations in the improvements of her manufactures, commerce and marine, and England, unfortunately, we cannot trust.

With great and sincere esteem, &c.

59. From John Adams to John Jay.

JOHN ADAMS.

Introduction to the Queen. Speech to her Majesty. Queen's reply. Reasons for sending an account of these formalities home. Extract.

Bath Hotel, Westminster, June 10, 1785. Sir, Yesterday, the ninth of the month, I was presented to the Queen,* by my Lord Aylesbury, her Lord Chamberlain, having been attended to his Lordship and introduced to him by the master of the ceremonies. The Queen was attended by her ladies, and I made my compliments to her Majesty in the following words:

“Madam, Among the many circumstances which have rendered my mission to his Majesty desirable to me, I have ever considered it as a principal one, that I should have an opportunity of making my court to a great Queen, whose royal virtues, and talents, have ever been acknowledged and admired in America, as well as in all nations of Europe, as an example to Princesses and the glory of her sex. Permit me, Madam, to recommend to your Majesty's royal goodness, a rising empire and an infant virgin world. Another Europe, Madam, is rising in America. To a philosophical mind, like your Majesty's, there cannot be a more pleasing contemplation, than this prospect of doubling the human species, and augmenting, at the same time, their prosperity and happiness. It will in future ages be the glory of these kingdoms to have peopled that country, and to have sown there those seeds of science, of liberty, of virtue, and permit me, Madam, to add, of piety, which alone constitute the prosperity of nations,and the happiness of the human race.

"After venturing upon such high insinuations to your Majesty, it seems to be descending too far, to ask, as I do, your Majesty's royal indulgence to a person, who is indeed unqualified for courts, and who owes his elevation to his distinguished honor of standing before your Majesty, not to any circumstances of illustrious birth, fortune, or abilities, but merely to an ardent devotion to his native country, and some little industry and perseverance in her service."

The Queen answered me in these words: "I thank you, Sir, for your civilities to me and my family, and am glad to see you in this country."

The Queen then asked me if I had provided myself with a house. I answered, Í have agreed for one, Madam, this morning. She then made her courtesy, and I *See pages 377 and 380.

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made my reverence and retired into the drawing room, when the King, Queen, Princess Royal and the younger Princess, her sister, all spoke to me very obligingly. I attended until the drawing room was over, and then returned home.

It has been necessary, in order to guard against false reports and malicious fictions, to reduce to writing what was said in my audience of the King and Queen, and it is the custom of all Ministers to transmit these compliments to their courts.

I transmit them to you in cypher, that they may be exposed to as little criticism as possible, as the Court knew very well that the eyes of all nations were fixed upon these audiences. It may be fairly concluded from them that it is the intention of the Royal family and of Ministers to treat America like other foreign powers; but our inferences can go no farther. With esteem, &c. JOHN ADAMS.

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London, September 22, 1787. Dear Sir, There was yesterday in the river, an impress of seamen, and several American vessels had their men taken from them. An application was made to me this morning, by a master of a ship from New York, and I instantly wrote a letter to Lord Carmarthen, and went in person to White Hall to deliver it. His Lordship read the letter, and the representation to me from the Captain, and after some conversation on the subject, assured me that he would take measures to have the men restored, and precautions against such mistakes in future. With respect, &c. JOHN ADAMS.

61. From John Adams to John Jay.

Lord Carmarthen expresses a wish for a Commercial Treaty with the United States. His opinion of the New Constitution. Extract.

Grosvenor Square, February 14, 1788. Dear Sir, At the last conferences at White Hall, which were last Thursday, Lord Carmarthen thought proper to express a wish that this country had some sort of treaty of commerce with the United States of America, that it might be no longer necessary to take new measures from time to time, which looked hard. This observation his Lordship made, alluding to Mr Grenville's motion in the house of commons, for making the regulation of the intercourse between America and the West India islands perpetual. His Lordship then immediately said, "I presume, Mr Adams, that the States will all immediately adopt the new constitution, I have read it with pleasure, it is very well drawn up." All this oracular utterance was to signify to me what has all along been insinuated, that there is not as yet any national government, but that as soon as there shall be one, the British court will vouchsafe to treat with it. You will see by the Morning Chronicle of the 12th of February, enclosed, that Mr Grenville's speech is in the same strain, so that we may conclude it to be the concerted language of the cabinet. It is unnecessary for me to make any reflections upon it; the argument that arises out of it, in favor of the new constitution, and a prompt acceptance of it, is but one among many. France and Holland furnish as many reasons as England. Mr Jefferson must soon follow my example, and return to America, if that constitution is not accepted by all the States, and what will be the consequence of the clamors of all the officers in France, who are creditors, of all the notables who may be pleased to cast reflections, and of all our creditors in

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