Papers of John Adams, volume 16

TRANSLATION
[post 5 May 1784]1

Observations made by Mr. Adams, on the project of a Treaty of Amity & Commerce to be concluded between His Majesty the King of Prussia & the Ud States of America with the alterations which this Minister desired might be adopted by His Prussian Majesty, after a previous agreement on those points between him & His Colleagues Messrs. Franklin & Jay.

1st. Instead of expressing through the course of the Treaty the denomination of the United States of North America, simply the Ud States of America 2

2d. Instead of respective subjects—with respect to the Ud States of America, the word Citizens. 3

3d. Art III In like manner, the Merchandizes of America add, productions, Manufactures & Merchandizes4

4th. Art. VII & No one shall be molested on account of his Religion, provided he submits to such public demonstrations as are enjoined by 160 the Laws of the country— On this head a more explicit Article is desired, such as the 4th. of the Treaty concluded between the Ud States of America & the Republic of the United Provinces. “Entire & perfect Liberty of conscience shall be granted to the subjects & inhabitants of each party & their families, & no one shall be molested on Account of his religion, provided he submits, in the public demonstration thereof, to the Laws of the country. Liberty shall moreover be granted on the death of the subjects or inhabitants of either party in the territory of the other to inter them in the usual burial Grounds, or in decent & suitable places appointed for the purpose; & the bodies of the interred shall in no wise be molested. And the two contracting powers shall provide, each within its respective jurisdiction, that the respective subjects & inhabitants may hereafter obtain the requisite certificates in case of death when they may be interested therein.”5

5. Article XV. Untill the Cargo has been landed in the presence of Officers appointed for the purpose & that the Opening has been made—NB. instead of Opening, Inventory 6

6th. The XXI. Article may require some explanation, since it is found to be contradictory to the 17th. Article of the Treaty of Amity & Commerce between His most Christian Majesty & the Ud States of America, which contains the following expressions

“And on the contrary no shelter nor refuge shall be given in their ports or Harbours to such as Shall have made prizes of the subjects of His Majesty or of said Ud States; & if they are forced to enter by distress of Weather or the danger of the Sea, they shall be obliged to leave it again as soon as possible”

After the declaration of this article, it appears that in case of a war between Prussia & France, it would not be admissible for the Ud States of America to derogate from antecedent Treaties concluded with the most Christian King in favor of a more recent obligation contracted with his Prussian Majesty.7