I have the Honour of transmitting to you, herewith enclosed a certified Copy of an Act of Congress of the 21. of March last, instructing me to communicate to Mr St. Saphorin, the high Sense, the United States of America in Congress assembled, entertain of the liberal Decision made by his Danish Majesty, on the Question proposed to his Minister by me, respecting the ordination of American Candidates for holy orders in the Episcopal Church commonly called the Church of England. I am informed by Mr Jay our Minister of foreign Affairs, that Congress has been pleased to order him to transmit Copies of my Letter and the other Papers on this subject to the Executives of the different States, And he is perswaded they will receive with Pleasure this Mark of his Danish Majestys Friendly Disposition.2

At the Time when these Resolutions passed, it was Supposed in 288Congress that Mr St. Saphorin, continued at the Hague, but as he is removed from thence, I presume it will equally fullfill the Intentions of Congress in expressing their Respects and Acknowledgments to his Danish Majesty, if they are communicated by a nearer Channel.3 Permit me then the Honour of requesting of you Sir, that you would transmit the Inclosed certified Copy to your Court.

With great Respect, I have the Honour to be, Sir your / most obedient and must humble servant

I was honoured yesterday with your’s of the 24th. instant. when the {1st. article} of {our instrns} of May {7.} 1784.1 was {under debate in Congress,} it was {proposed} that {neither party} should make {the other pay} in {their ports greater duties than} they {paid} in the {ports} of the {other.} one {Objection} to this was {it’s impracticability,} another {that it} would {put it} out {of our power to lay} such {duties} on {alien importation} as might {encourage importation} by {natives. some members} much {attached} to {English policy} thought such a {distinction} should actually be {established. some} thought the {power} to do it should be {reserved} in {case any} peculiar circumstances should {call for it, tho} under the present or {perhaps any} probable {circumstances they} did not {think} it would be {good policy} ever to {exercise} it. the {footing gentis amicissimi} was therefore {adopted} as you see in the {instruction.}2 as far as my enquiries enable me to judge {France & Holland} make no {distinction of duties between Aliens} and {natives. I} also rather believe that the {other states of Europe} make {none, England} excepted, to whom this {policy,} as that of her {navigation act, seems 289peculiar.} the question then {is, Should} we {disarm ourselves} of the {power to} make this {distinction against all nations} in order to {purchase an exemption} from the {Alien duties} in {England} only; for if we {put her importations} on the {footing of native,} all other {nations with whom we treat will} have a {right to claim the same. I} think we {should because against other nations} who make no {distinction} in their {ports between us} & their {own subjects,} we ought {not to} make a {distinction in ours.} and {if the English} will {agree} in {like manner to} make none, we {should with equal reason abandon} the {right} as against {them.} I think all the {world would gain} by {setting commerce} at perfect {liberty. I} remember that when we were {digesting} the {general form} of {our treaty} this {proposition} to {put foreigners} and {natives on the same footing} was {considered} and we were {all three} ({Dr. F.}) as {well as you} and {myself} in {favor of} it. {we} finally however {did not admit} it partly from the {objection} you {mention, but} more {still} on account of {our instructions.} but tho the {English proclamation} had {appeared} in {America} at the time of {framing these instructions} I think it’s {effect as to alien duties} had {not yet been experienced} and therefore was {not attended} to. {if it} had been {noted} in the {debate I am} sure that the {annihilation of our whole trade} would have been {thought too great a price to pay} for the {reservation of} a {barren power} which a {majority of the members} did not propose {ever to exercise tho} they were willing to {retain it. stipulating equal rights} for {foreigners & natives we} obtain more in {foreign ports than} our {instructions require,} and {we} only {part} within {our own ports,} a {power} of which {sound policy} would {probably} for {ever forbid} the {exercise.} add to this that {our treaty will be} for a very {short term,} and {if any} evil be {experienced under it,} a {reformation will soon} be in {our power. I am therefore} for {putting} this among {our original propositions} to the {court of London. if} it should {prove} an {insuperable obstacle with them, or if} it should {stand} in the way of {a greater advantage, we} can {but abandon} it in the {course} of the {negociation.}

In my copy of the cypher, on the Alphabetical side, numbers are wanting from the word {“Denmark”} to {“disc”} inclusive, and from {“gone”} to {“governor”} inclusive. I suppose them to have been omitted in copying. will you be so good as to send them to me from yours by the first safe conveyance?3 compliments to the ladies & to Colo. Smith from Dr. Sir / Your friend & servant