cable but by joint consent, let a change of circumstances render them ever so burdensome.

On the whole, if it be the opinion that the first construction is to be insisted on, as ours, in opposition to the second, urged by the court of France, and that no relaxation is to be admitted, an answer shall be given to that court defending that construction, and explaining in as friendly terms as possible the difficulties opposed to the exemption they claim.

2. If it be the opinion that it is advantageous for us to close with France in her interpretation of a reciprocal and perpetual exemption from tonnage, a repeal of so much of the tonnage law will be the answer.

3. If it be thought better to wave rigorous and nice discussions of right, and to make the modification an act of friendship and of compensation for favours received, the passage of such a bill will then be the answer.

January 18, 1791.

TH: JEFFERSON.

TRANSLATION.

L. G. Otto to the Secretary of State. Philadelphia, Decem-. ber 13, 1790.

SIR,-During the long stay you made in France, you had opportunities of being satisfied of the favourable dispositions of his majesty to render permanent the ties that united the two nations, and to give stability to the treaties of alliance and of commerce, which form the basis of this Union. These treaties were so well maintained by the congress formed under the ancient confederation, that they thought it their duty to interpose their authority whenever any laws made by individual states appeared to infringe their stipulations, and particularly in 1785, when the states of New Hampshire and of Massachusetts had imposed an extraordinary tonnage on foreign vessels, without exempting those of the French nation. The reflections that I have the honour to address to you in the subjoined note, being founded on the same principles, I flatter myself that they will merit on the part of the government of the United States the most serious attention. I am with respect, &c. L. G. OTTO.

TRANSLATION.

L. G. Otto to the Secretary of State.

NOTE. The underwritten charge des affaires of France has received the express order of his court to represent to the United States, that the act passed by Congress the 20th July, 1789, and renewed the 20th July of the present year, which imposes an extraordinary tonnage on foreign vessels, without excepting French vessels, is directly contrary to the spirit and to the object of the treaty of commerce which unites the two nations, and of which his majesty has not only scrupulously observed the tenour, but of which he has extended the advantages by many regulations very favourable to the commerce and navigation of the United States.

By the 5th article of this treaty the citizens of these States are declared exempt from the tonnage duty imposed in France on foreign vessels; and they are not subject to that duty but in the coasting business. Congress has reserved the privilege of establishing a duty equivalent to this last, a stipulation founded on the state in which matters were in America at the time of the signature of the treaty. There did not exist at that epoch any duty on tonnage in the United States.

It is evident that it was the non-existence of this duty, and the motive of a perfect reciprocity stipulated in the preamble of the treaty, that had determined the king to grant the exemption contained in the article 5th; and a proof that Congress had no intention to contravene this reciprocity is, that it only reserves a privilege of establishing on the coasting business, a duty equivalent to that which is levied in France. This reservation would have been completely useless, if by the words of the treaty Congress thought themselves at liberty to lay any tonnage they should think proper, on French vessels.

The undersigned has the honour to observe that this contravention of the 5th article of the treaty of commerce, might have authorized his majesty to modify proportionably the favours granted by the same article to the American navigation; but the king, always faithful to the principles of friendship and attachment to the United States, and desirous of strengthening more and more the ties which subsist so happily between the French nation and these States, thinks it more conformable to these views to order the undersigned to make representations on this subject, and to ask in favour of French vessels a modification of the act which imposes an extraordinary tonnage on foreign vessels. His majesty does

not doubt but that the United States will acknowledge the justice of this claim, and will be disposed to restore things to the footing on which they were at the signature of the treaty of the 6th February, 1778. L. G. OTTO.

Philadelphia, December 13, 1790.

TRANSLATION.

L. G. Otto to the Secretary of State. New York, January

8, 1791.

SIR, I have the honour herewith to send you a letter from the king to Congress, and one which M. de Montmorin has written to yourself. You will find therein the sincere sentiments with which you have inspired our government, and the regret of the minister in not having a more near relation of correspondence with you. In these every person who has had the advantage of knowing you in Franceparticipates.

At the same time it gives me pain, sir, to be obliged to announce to you that the complaints of our merchants on the subject of the tonnage duty increase, and that they have excited not only the attention of the king, but that of several departments of the kingdom. I have received new orders to request of the United States a decision on this matter, and to solicit, in favour of the aggrieved merchants, the restitution of the duties which have already been paid. I earnestly beg of you, sir, not to lose sight of an object which, as I have already had the honour to tell you verbally, is of the greatest importance for cementing the future commercial connexions between the two nations.

In more particularly examining this question you will perhaps find that motives of convenience are as powerful as those of justice to engage the United States to give to his majesty the satisfaction which he requires. At least twice as many American vessels enter the ports of France as do those of France the ports of America. The exemption of the tonnage duty then is evidently less advantageous for the French than for the navigators of the United States. Be this as it may, I can assure you, sir, that the delay of a decision in this respect, by augmenting the just complaints of the French merchants will only augment the difficulties. I therefore beg of you to enable me, before the sailing of the packet which will take place towards the last of this month,

to give to my court a satisfactory answer.

to be, &c.

His Excellency M. Jefferson,
Secretary of State.

I have the bonour L. G. OTTO.

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS. FRENCH LETTER AND DECREE RELATIVE TO DEATH OF DR.

FRANKLIN. JAN. 26, 1791.

I LAY before you the copy of a letter from the President of the national assembly of France to the President of the United States, and of a decree of that assembly which was transmitted with the above mentioned letter.

GEORGE WASHINGTON.

TRANSLATION.

Mr. President,-The national assembly has worn, during three days, mourning for Benjamin Franklin, your fellow citizen, your friend, and one of the most useful of your cooperators in the establishment of American liberty. They charge me to communicate their resolution to the Congress of the United States: In consequence I have the honour to address to you, Mr. President, the extract from the proceedings of their session of the 11th, which contains that deliberation.

"The national assembly have not been stopped in their decree by the consideration that Franklin was a stranger. Great men are the fathers of universal humanity. Their loss ought to be felt as a common misfortune by all the tribes of the great human family; and it belongs without doubt to a nation still affected by all the sentiments which accompany the achievement of their liberty, and which owes its enfranchisement essentially to the progress of the publick reason, to be the first to give the example of the filial gratitude of the people towards their true benefactors. Besides that these ideas and this example are so proper to disseminate a happy emulation of patriotism, and thus to extend more and more the empire of reason and virtue, which could not fail

promptly to determine a body devoted to the most important legislative combinations, charged with assuring to the French the rights of men and citizens, it has believed without doubt that fruitful and great truths were likewise numbered among the rights of man.

"The name of Benjamin Franklin will be immortal in the records of freedom and philosophy; but it is more particularly dear to a country, where, conducted by the most sublime mission, this venerable man knew very soon to acquire an infinite number of friends and admirers, as well by the simplicity and sweetness of his manners, as by the purity of his principles, the extent of his knowledge, and the charms of his mind. It will be remembered that every success which he obtained in his important negotiation were applauded and celebrated (so to express it) all over France, as so many crowns conferred on genius and virtue. Even then the sentiments of our rights existed in the bottom of our souls. It was easily perceived that it feelingly mingled in the interest which we took in behalf of America, and in the publick vows which we preferred for your liberty. At last the hour of the French has arrived. We love to think that the citizens of the United States have not regarded with indifference our first steps towards liberty. Twenty-six millions of men breaking their chains, and seriously occupied in giving themselves a durable constitution, are not unworthy the esteem of a generous people who have preceded them in that noble career. We hope they will learn, with interest, the funeral homage which we have rendered to the Nestor of America. May this solemn act of fraternal friendship serve more and more to bind the tie which ought to unite two free nations. May the common enjoyment of liberty shed itself over the whole globe, and become an indissoluble chain of connexion among all the people of earth. For ought they not to perceive, that they will march more stedfastly and more certainly to their true happiness in understanding and loving each other, than in being jealous and fighting. May the Congress of the United States and the national assembly of France be the first to furnish this fine spectacle to the world. And may the individuals of the two nations connect themselves by a mutual affection worthy of the friendship which unites two men at this day the most illustrious by their exertions for liberty, Washington and La Fayette.

"Permit me Mr. President to offer on this occasion my particular homage of esteem and admiration. I have the honour to be, &c. SIEYES, President."