The inclosed Letters I Sent to Mr Jay in Cypher, but as the Conversations with the King and Queen have been reported by Lord Carmarthen and the Lord and Ladies in waiting on the Queen, and are become generally known, there is no longer a Necessity of so much mystery, yet you must be Sensible of the Delicacy of the Subject, and therefore communicate them with Discretion and in Confidence.2 if Mr Jay Should not have recd the Originals in Cypher you may communicate deliver these to him when you see him but I make no doubt he will receive them.

The Dispositions of the Ministry, are either very deceitful or very good, but they are watched and embarrassed by oppositions of various Parties, that it will at least be long before they venture on any Thing decisive. They may do Something to the Purpose sooner than I expect, but I see no present hope. I am much afraid there will be a necessity that the People of all the States Should follow the Example at Faneuil Hall But it cannot be too earnestly recommended to them to consider Persons and Property as Sacred. There is no Necessity of violating either. Petitions of the People to their Assemblies and Instructions from them to Congress will be Sufficient for all good Purposes.

With great Esteem, your Friend & Servant

This will accompany a joint letter inclosing the draught of a treaty,2 and my private letter of June 22. which has waited so long for a private conveiance. we daily expect from the Baron Thulemeyer the French column for our treaty with his sovereign. in the mean while two copies are preparing with the English column which Doctr. Franklin wishes to sign before his departure, which will be within four or five days.3 the French, when received, will be inserted in the blank column of each copy. as the measure of signing at separate times & places is new, we think it necessary to omit no other circumstance of ceremony which can be observed. that of sending it by a person of confidence & invested with a character relative to the object, who shall attest our signature here, yours in London & Baron Thulemeyer’s at the Hague, and who shall make the actual exchanges, we think will contribute to supply the departure from the usual form in other instances. for this reason we have agreed to send mr̃ Short on this business, to make him a Secretary pro hac vice,4 and to join Mr. Dumas for the operations of exchange &c.5 as Dr. Franklin will have left us before mr̃ Short’s mission will commence, and I have never been concerned in the ceremonials of a treaty, I will thank you for your immediate information as to the papers he should be furnished with from hence. he will repair first to you in London, thence to the Hague, & so return to Paris.

what is become of mr̃ Lambe? supposing he was to call on the Commissioners for instructions, and thinking it best these should be in readiness, Dr. Franklin undertook to consult well the Barbary treaties with other nations. & to prepare a sketch which we should have sent for your correction. he tells me he has consulted those treaties, & made references to the articles proper for us, which however he shall not have time to put into form, but will leave them with me to reduce. as soon as I see them you shall hear from me.—6 a late conversation with an English gentleman here makes me beleive, what I did not believe before, that his nation think seriously that Congress have no power to form a treaty of commerce. as the explanations of this matter which you & I may separately give may 221 222 be handed to their minister, it would be well that they should agree. for this reason, as well as for the hope of your shewing me wherein I am wrong, and confirming me where I am right, I will give you my creed on the subject. it is contained in these few principles. by the Confederation Congress have no power given them in the first instance over the commerce of the states. but they have a power given them of entering into treaties of commerce, and these treaties may cover the whole feild of commerce, with two restrictions only. 1. that the states may impose equal duties on foreigners as natives, and 2. that they may prohibit the exportation or importation of any species of goods whatsoever. when they shall have entered into such treaty the superintendance of it results to them, all the operations of commerce which are protected by it’s stipulations, come under their jurisdiction, and the power of the states to thwart them by their separate acts, ceases. if Great Britain asks then why she should enter into treaty with us, why not carry on her commerce without treaty? I answer, because till a treaty is made no Consul of hers can be received (his functions being called into existence by a convention only, and the states having abandoned the right of separate agreements & treaties) no protection to her commerce can be given by Congress, no cover to it from those checks and discouragements with which the states will oppress it, acting separately & by fits and starts. that they will act so till a treaty is made, Great Britain has had several proofs, and I am convinced those proofs will become general. it is then to put her commerce with us on systematical ground, and under safe cover, that it behoves Great Britain to enter into treaty. and I own to you that my wish to enter into treaties with the other powers of Europe arises more from a desire of bringing all our commerce under the jurisdiction of Congress, than from any other views. because, according to my idea, the commerce of the United states with those countries not under treaty with us, is under the jurisdiction of each state separately, but that of the countries which have treated with us is under the jurisdiction of Congress, with the two fundamental restraints only, which I have before noted.

I shall be happy to receive your corrections of these ideas as I have found in the course of our joint services that I think right when I think with you.

I am with sincere affection Dear Sir / Your friend & servt