MS (Adams Papers); endorsed by JA: “Observations.” Filmed at [April 1784].

MS (PCC, No. 84, V, f. 337–338); notation: “Faithfully translated / from the Original by / John Pintard.” Pintard did the translation from a copy of the French text in C. W. F. Dumas’ hand (same, f. 335–336) enclosed by JA with his 7 June letter to the president of Congress, below.

This memorandum recounts JA’s conversation with the Baron von Thulemeier on the evening of 5 May (to Thulemeier, 4 May, and note 2, below). Early on the 5th, JA sent Thulemeier the copy of the draft treaty (LbC, APM Reel 107) that Benjamin Franklin and John Jay had returned with their suggestions for changes, for which see the 29 April letter from Franklin and Jay, below. At his meeting with Thulemeier, JA presumably discussed his colleagues’ proposals for alterations as well as his own. The Prussian 161 diplomat then produced a memorandum of the conversation, which he sent to JA to ensure that there was no misunderstanding regarding the American proposals that Thulemeier would be sending to the foreign ministry at Berlin for its consideration. Since JA did not reply to Thulemeier regarding the memorandum or offer any objections to the Prussian’s account of the points discussed, it can be assumed that the memorandum accurately recounts the exchange. On 6 June Thulemeier called on JA and presented him with the foreign ministry’s response to the American suggestions for changes. The document, in French and dated [ante 6 June], contained three columns (Adams Papers, filmed at [April 1784]). The first contained the text of articles 3, 17, 15, and 21, for which substantial changes were requested. The second column contained the text of Thulemeier’s [post 5 May] memorandum. The third column contained the Prussian response to the American proposals. The notes that follow give the Prussian response for each point raised in the [post 5 May] memorandum then the translation of that response taken from Pintard’s translation (PCC, No. 84, V, f. 332–333).

“Peut se changer sans difficulté.”; “May be changed without any difficulty.”

“De même.”; “The same.”

“Accordé, d’autant plus que le terme général de marchandises comprend également les productions crues et fabriquées.”; “Granted, the rather as the general term of Merchandizes comprehends alike, productions that grow & Manufactures.”

The French text and the English translation provide an accurate rendition of Art. 4 of the 1782 Dutch-American Treaty of Amity and Commerce (vol. 13:352–353). The Prussian response was: “Cet article pourra être minuté ainsi qu’on le desire dans les observations.”; “This Article can be minuted as is desired in the Observations.”

“Accordé.”; “Granted.”

The French text and the English translation provide an accurate rendition of Art. 17 (19 as originally numbered) of the 1778 Franco-American Treaty of Amity and Commerce (Miller, Treaties , 2:16–17). The Prussian response was: “On pourra minuter cet article de la manière suivante: ‘Les vaisseaux armés de l’une des parties contractantes ne pourront conduire les prises qu’ils auront faites sur leurs ennemis, dans les ports de l’autre, à moins qu’ils ne soyent forcés d’y entrer par tempête ou péril de la mer. En ce dernier cas elles ne pourront être arrêteés ni saisies; mais on les fera sortir le plutôt possible.’”; “This Article may be minuted in the following manner. ‘The armed Vessels of one of the contracting parties, shall not conduct the prizes they shall have taken from their ennemies, into the Ports of the other, unless they are forced to enter therein by stress of Weather or danger of the sea. In this last case they shall not be stopped nor seized; but shall be obliged to go away as soon as possible.’”