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 MARZIA HASSAN
-

PARENTING
IN THE 4GE OF
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Non-flctlon/Parentlng I
ISBN 978-81-291-3773-9

RUPA
9 788129 137739
Cover photograph © Alamy
 ■

i
J
1
 PARENTING
IN THE
AGE OF FACEBOOK

Marzia Hassan (LLB, MSW, RSW), who began her career as a corporate
lawyer, started work as a social worker and relationship consultant
with individuals, couples and families after a decade of self-driven
learning and professional study. She runs Family Connections
International, a psychotherapy practice based in Toronto; facilitates
parenting, self-development and spiritual learning groups; and, in
recent years, has conducted online parenting workshops. As a
relationship expert, Marzia has featured on television, across South
Asian magazines, and has been honoured by the Canadian House of
Commons. Marzia, a mother of three, lives in Toronto.
 PARENTING
IN THE
AGE OF FACEBOOK
Raising the Net Generation

MARZIA HASSAN

S'
RUPA
 Published by
Rupa Publications India Pvt. Ltd 2016
7/16, Ansari Road, Daryaganj
New Delhi 110002

Sales centres:
Allahabad Bengaluru Chennai
Hyderabad Jaipur Kathmandu
Kolkata Mumbai

Copyright © Marzia Hassan 2016

While every effort has been made to verify the authenticity

of the information contained in this book, the publisher and
the author are in no way liable for the use of the
information contained in this book.

All rights reserved.

No part of this publication may be reproduced, transmitted, or stored in
a retrieval system, in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise,
without the prior permission of the publisher.

ISBN: 978-81-291-3773-9

First impression 2016

10 987654321

The moral right of the author has been asserted.

Typeset by StlRYA, New Delhi

Printed at HT Media Ltd., Noida

This book is sold subject to the condition that it shall not,

by way of trade or otherwise, be lent, resold, hired out, or otherwise
circulated, without the publisher’s prior consent, in any form of
binding or cover other than that in which it is published.
 Dedicated to

My parents for believing in me

My parenting partner and cheerleader, Muslim,

for being the rock in our family

My children Sara, Zehra and Sadiq for being (mostly) willing

subjects to the many parenting experiments and giving me
feedback on what worked (and what didn’t)
You Suy5 make it all worthwhile
I

j
i
I

!
 Contents

Part 1: FACING REALITY

1. Exploring the Digital Landscape 3
2. What Are Your Children Doing Online? 17

Part 2: ASSESSING THE IMPACT OF TECHNOLOGY

3. Impact on the Brain 31
4. Impact on Health and Physical Development 45
5. Faking It on Facebook: Impact on Self-image 55
6. The Impact on Relationships and Communication 67
7. Impact on the Soul 81

Part 3: STEPS TO THRIVING AS A FAMILY IN THE DIGITAL AGE

8. Danger and Safety in Cyberspace 95
9. Step 1: Get Your Own Act Together 105
10. Step 2: Build a Relationship with Your Children 118
11. Step 3: Get to Know Your Children's World 128
12. Step 4: Set Limits 135
13. Step 5: Build a Community of Support 153

Epilogue 162

References 165
 Part 1

FACING REALITY
 Chapter 1

Exploring the Digital Landscape

We shape our tools and afierwards our tools shape us.

—Marshall McLuhan

I am not an expert on social media or the Internet. I am not a

computer whizz. My children, like most of their peers, are far
ahead of me in technology and while I struggle to understand
and navigate the digital landscape, it comes naturally to them.
So why am I writing a book on raising the Net Generation—or,
raising kids in the age of Facebook?
Because I am a parent, like you, whose parenting world
changed pretty much overnight.
I adopted technology early. It was at my university in the
1980s that I made the switch from my electronic typewriter to
the Apple Macintosh computer. It was a happy day. No longer
did I have to laboriously correct mistakes by hitting backspace
on the typewriter and whiting it out. I could be much more
productive. I could type faster without having to worry about
correcting mistakes or checking spellings as I went along (always
a tedious task for me).
When my husband and I began a family in the early 1990s,
we enthusiastically brought a personal computer home and
eagerly started using it. The computer, like the TV, was in a
public place and the entire family shared its use. As in the old
days when the single family television was the only screen in the
house, the use of the computer was shared by the entire family.
This meant that it was not available at all times to everyone.
Computer time, like TV time, had a clear beginning and end.
4 Parenting in the Age of Facebook

You watched TV and then you went on with your real life. You
went on the computer to check email, do your homework, play
a game or two, and then you went about the rest of your day.
The lines of when ‘computer time’ for any member of the
family began and ended were clear.
The children were curious and wanted to play on this new
machine—exciting new software and games enticed both them
and me. Even then, I was adamant that computer time, like TV
time, was strictly rationed so that the children could engage in a
broad range of activities which fed their mind, body and soul.
Instinctively, we knew not to leave children unsupervised on
the computer, just as we would not leave them unsupervised in
a public playground. In the early days of the Internet and
technology, it did not appear as a threat to family life or to the
children’s well-being. Although it was attractive and the children
begged to be allowed to use it more and more, we could control
its use and impact by controlling their access to it.
Sharing the computer as a family taught us many lessons in
sharing, rationing, being considerate and, at some level, knowing
that it was a precious resource to be used mindfully—that if
anyone overstepped its use, there would be consequences, both
in terms of total time allotted and the impact on relationships in
the family.
Even so, there were signs to show that parents needed to
acquire a different kind of vigilance in this virtual playground.
Alia, a parent in one of my early parenting groups, recalls how
she became aware of the dangers in a rather dramatic fashion.
She said, ‘One day, I was using the drop-down menu in the
browsing history to find a site I had visited the previous day
and, to my horror, I found a couple of adult pornography sites
in the browsing history. My heart sank. The only other person
at that time using the family computer was my pre-adolescent
 Exploring the Digital Landscape 5

son. He seemed so innocent. Could I be so wrong about his

sexual maturity? Had I misjudged his innocence and his nature?
I thought he reported everything to me.
‘Normally, I would have waited and planned a strategy in a
situation like this, but I was so distressed that I called him
immediately and showed him what I had found. “Help me
understand this,” I said. He burst into tears and explained that a
group of lads at his school had sent these sites to the whole class.
They had announced that they would be sending some porn
out. Not knowing what porn was, my son thought that it was
“pawn”, as in a chess piece. He was obviously traumatized by
what he had seen and I felt dismayed that my child had been
exposed to something he was obviously not prepared for. Because
I was mostly at home and my children were young and fairly
innocent, it had not occurred to me to put any kind of blocks or
filters on the family computer.’
Sadly, this was not the only instance of the potential negative
power of the Internet brought up in the parenting group. Smita
talked about her children’s first pet, a rabbit. ‘They excitedly
brought it home and wanted to become experts on looking after
it. By this time, Google was already establishing itself as the
source of all information on the planet. So they googled “Taking
care of your bunny”—but all sorts of pornographic images
started popping up. What was a completely innocent search by
young children turned into a traumatic experience! Horrified,
they pulled the plug from the computer, completely confused.’
Since then, talking to countless groups of parents about the
impact of digital technology on the family, I have keenly become
aware that worse things could happen.
The next big shift came with mobile technology. In pre-
mobile technology days, the standard advice I would give parents
was to have a shared family computer, to put it in a public place
6 Parenting in the Age of Facebook

and make sure that parents were around when children were
online. This advice was relatively easy for parents to digest as
they had grown up in an age where media had been a shared
family activity. Even for affluent families, it was common to
have one television set which was in the ‘TV lounge’, around
which the family gathered each night. Despite occasional protests
that no one was talking to each other, the family members were
all in the same room and focused on the same programme,
which meant they had a shared experience they could talk about
or discuss later.
The situation has significantly changed since the mobile age.
Now there is no clear line between online time and offline time
as our devices are always with us and we switch or toggle
between real life and virtual life, being physically present for
those in the room while emotionally and mentally connecting
to others who are in virtual space.
What has stood out for me while talking to parents over the
years is how many otherwise conscious parents, who take the
responsibility of parenting very seriously and who are in charge
of their families, feel ill-equipped to deal with the issues of
technology and its appropriate use in the home. Highly educated,
professional and competent parents report that their children
are so far ahead of them in accessing and using technology that
they are unsure of what to do. These parents are not to blame.
Every community has certain norms that it expects its members
to follow. People are expected to behave in certain ways in
public spaces. How are we to react, then, when all social norms
and etiquette are currently in flux? Whether one is standing in
line at a supermarket, in a doctor’s office, at a religious sermon
or a funeral, there are people speaking on cell phones, texting,
checking emails and sending messages. How do we decide what
is acceptable behaviour and what is not, especially when most
 Exploring the Digital Landscape 7

people around us seem to see nothing wrong with it? How are
we to train our children in pro-social behaviour when the
boundaries of what constitutes it are no longer agreed on?
So many parents I spoke to threw up their hands in despair,
either because they were unaware of the pitfalls of letting their
children roam freely on the worldwide web or because they
were not active users of digital technology and, therefore, felt
ill-equipped to handle it. At other times, parents thought they
had educated themselves and installed what they felt were safety
features and yet, they were caught unawares because something
new had come up. It is clear that changes are occurring very fast.
The Internet age is still in its infancy. Many parents find it
greatly challenging to stay on top of technology and feel
overwhelmed at how it appears to have taken hold of their
families, eating into family time and relationships and changing
the way that families communicate.
And yet, there are some experts who believe that nothing has
really changed.1 They claim that children are who they have
always been, curious, wanting to connect with their peers,
resisting parental authority, discovering their identity and being
creative. It is only the platform on which they engage that is
different. And parents have always been suspicious of children,
so that’s not new.
The assertion that nothing much has changed goes against
what parents experience every day as they compare their own
childhood to the world inhabited by their children. So let us
look at how the parenting and family landscape has irrevocably
and completely changed. Not all the changes are bad. Many
families find that technology is bringing them closer to loved
ones who live far away. Others remark that it has made life
easier in many ways, especially for access to information. Most
parents concur, however, that despite its good effects, technology
8 Parenting in the Age of Facebook

is impacting their families in ways that are not always healthy.

They worry that their children are so entrenched in the virtual
world that they are not living life in real time, face-to-face with
other human beings. Although research is being done on the
various effects of technology on the family, I believe that the full
impact of the unbridled adoption and use of technology will
not be known for some time. By then, it may be too late for a
whole generation of young people.

Exploring the new family landscape

1) Time: the way we spend our time, both at work and
leisure, has dramatically changed. There is no clear division
between work and leisure as our work comes home with us
and we can snatch moments of leisure while we are working
by visiting social media and other websites.
2) Attention: now we divide our attention between several
tasks at the same time. We are continuously tethered to our
various devices while we try to manage our real-time
obligations.
3) Digital footprints: the hallmark of the Internet is that once
something is ‘posted’ on the Internet, it stays there forever.
The person who initially posted it has no control over it.
4) Communication:
a. In pre-Internet days, communication was generally
between two people. You could prevent people from
overhearing by making sure there was no one around or
you could whisper. Now, once you put something
online on a public platform, such as a social networking
site (SNS), you have no idea who will witness your
communication. In fact, everything that you put on a
social media site is public by default. Since the nature of
social networking sites is to encourage sharing and
 Exploring the Digital Landscape 9

public broadcasting, whatever you share will be public

unless you take intentional steps to limit it. Reflecting
on where and how your communication may potentially
end up requires great foresight and self-control, which
the quickness of the Internet actually discourages.
b. You can communicate with people at a distance, often
at the expense of those who are close. Paradoxically,
even though the audience for a given piece of information
is potentially unlimited, the act of going online and
communicating is essentially an individualistic activity
and has the potential to cut you off from those in the
same geographical location, but connect you to those
who are remote.
c. Digital communication is mostly via text rather than
voice. Even communication between two people needs
skills and forethought as you need to decode text and
written language without the benefit of tone, body
language or facial expression. Since words have been
touted as being only 7 per cent of communication, the
Net Generation needs new kinds of skills to decode that
7 per cent.
d. Communication is asynchronistic—a conversation via
text or instant messaging does not have a clear beginning
and end, as it is on the telephone or face-to-face.
Potentially, one can have a conversation which stretches
over several hours or days.
5) You can search for information at the press of a button. In
the digital age, no one needs to ponder over a question.
The moment a question arises in our heads, we can google
it for an answer. The Internet has democratized
information—both scholars and students have access to
the same information. Although knowledge is accessible to
 Another Random Document on
Scribd Without Any Related Topics
 B. FRANKLIN.

FROM M. ROSENCRONE, MINISTER OF

DENMARK, TO B. FRANKLIN.

Translation.

Copenhagen, July 8th, 1783.

Sir,
It was with the greatest alacrity, that I laid before his Majesty the
letter you did me the honor to write to me, as also the project of a
treaty of amity and commerce that accompanied it. The King
observed, with the greatest satisfaction, the assurances contained in
that letter, of the good disposition of Congress to form connexions of
amity and commerce with his kingdoms, such connexions being
equally conformable to the interests of the two States, and to his
Majesty's sincere desire to cement, by every possible means, that
harmony, union, and confidence, which he wishes to establish
forever between his Crown and the United States.
The enclosed Counter Project differs in nothing essential from the
project sent by you, being drawn up entirely conformable to the
same principles, which you will be certainly convinced of, Sir, by the
note explaining the reasons for adding some articles, and only giving
a different turn to others, so that I flatter myself, that I shall soon
hear that you are perfectly satisfied with them, having observed the
most perfect reciprocity carefully established throughout.
As to the object mentioned in the letter with which you have
honored me, you already know, Sir, his Majesty's generous intentions
towards the individuals in question, and his Majesty is the more
induced to avail himself of the first opportunity to manifest these
intentions, as he thinks he may reasonably hope that Congress will
also consider them as a distinguished proof of his friendship and
esteem for that respectable body.
There remains nothing further for me to add, but that the King will
adopt with great pleasure the most proper means to accelerate the
conclusion of the treaty, which we have begun. For myself, it will be
the most agreeable part of my office, Sir, to assist in perfecting such
happy connexions with a minister of such universal reputation as
yourself; and it is with sentiments of the most distinguished regard,
that I have the honor to be &c.
ROSENCRONE.

Counter Project of a Treaty with Denmark.

Translation.

Counter Project of a Treaty of Amity and Commerce between his

Majesty, the King of Denmark and Norway, and the United States of
America.
His Majesty, the King of Denmark and Norway, and the United States
of America, wishing to fix in an equitable and permanent manner the
regulations necessary in the commerce, which they are desirous to
establish between their respective countries, conceive that they
cannot accomplish this object better, than by taking as the basis for
their conventions, the most perfect equality and reciprocity, leaving
to each party the liberty of making such interior regulations, with
respect to commerce and navigation, as shall appear suitable, and
founding the advantages of commerce on reciprocal utility, and the
just laws of free competition. It is in consequence of these
principles, and of mature deliberation, that the contracting parties
have agreed upon the following articles.

ARTICLE I.

There shall be a firm, inviolable, and universal peace, and a true and
sincere friendship, between his Majesty, the King of Denmark and
Norway, his heirs and successors, on the one part, and the United
States of America on the other, and between the citizens and
subjects of the said powers, and likewise between the countries,
islands, cities, and places situated within their respective
jurisdictions, and the people and inhabitants thereof, of whatever
rank or condition they may be, without exception of persons or
places.

ARTICLE II.

The subjects of his Majesty, the King of Denmark and Norway, may
frequent the countries and latitudes of the United States, reside and
traffic there in all kinds of merchandise and effects, the importation
or exportation whereof is not, or shall not be prohibited, and in all
places where the navigation or commerce are not, or shall not be
reserved solely for the citizens and inhabitants of the United States;
and they shall not pay in the ports, harbors, roads, countries,
islands, cities, and places of the United States, other or greater
duties or imposts of any kind or denomination whatever, than such
as the most favored nations pay, or shall pay. They shall, moreover,
enjoy all the rights, liberties, privileges, and exemptions, with
respect to trade, navigation, and commerce, which the most favored
nations do or shall enjoy, and they shall also conform to the laws
and ordinances, which the said nations are, or shall be bound to
observe, whether in passing from one port to another of the
dominions of the said States, or in returning from any part, or to any
part of the world whatever.

ARTICLE III.

In like manner, the citizens and inhabitants of the United States of

America may frequent the States of his Majesty, the King of
Denmark and Norway, reside and traffic there in all kinds of
merchandise and effects, the importation or exportation whereof is
not, or shall not be prohibited, and in all places where the navigation
and commerce are not, or shall not be reserved solely to his Danish
Majesty's subjects, and they shall not pay in the ports, harbors,
roads, countries, islands, cities, and places belonging to his said
Majesty, other or greater duties and imposts of any kind or
denomination whatever, than such as the most favored nations do,
or shall pay. They shall, moreover, enjoy all the rights, liberties,
privileges, and exemptions, which the most favored nations do, or
shall enjoy, and they shall also conform to the laws and ordinances
which the said nations are, or shall be bound to observe, whether in
passing from one port to another of his Danish Majesty's dominions,
or in going to, or returning from any part of the world whatever. And
the United States of America, with their subjects and inhabitants,
shall allow his Danish Majesty's subjects peaceably to enjoy their
rights in the countries, islands, establishments, and seas, in the East
and West Indies, without molestation or opposition.

ARTICLE IV.

His Majesty, the King of Denmark and Norway, shall use every
means in his power to protect and defend all the vessels and effects
belonging to the citizens or inhabitants of the said United States of
America, as shall be in his ports, harbors, or roads, or in the vicinity
of his territories, countries, islands, cities, and places, as far as his
jurisdiction extends, as to the sea, and shall use his efforts to
recover and cause to be restored to the lawful proprietors, the
vessels and effects which shall be taken from them within the extent
of his said jurisdiction, and his ships of war, or any other convoys
whatever, sailing under his authority, shall, on all occasions where
there may be a common enemy, take under their protection all the
vessels belonging to the citizens or inhabitants of the United States,
or any of them which may be holding the same course, or going the
same route, and they shall defend the said ships as long as they
shall hold the same course, or follow the same route, against every
attack, force, or violence of the common enemy, in the same manner
as they are bound to defend and protect the vessels belonging to his
said Majesty's subjects.

ARTICLE V.

In like manner, the said United States and their ships of war, sailing
under their authority, shall protect and defend, in conformity with
the preceding article, all the vessels and effects belonging to the
subjects of his Danish Majesty, and shall use all their efforts to
recover and cause to be restored the said vessels and effects, which
shall have been taken within the extent of the jurisdiction of the said
States, and each of them.

ARTICLE VI.

It is agreed and determined that every merchant, captains of

merchant vessels, or others, his Danish Majesty's subjects, shall
have entire liberty in all places within the dominions and jurisdiction
of the United States of America, to manage themselves, their own
affairs, and to employ whomsoever they please to manage them,
and they shall not be obliged to make use of any interpreter or
broker, nor to pay them any fee, unless they make use of them; and
with respect to the time and manner of loading or unloading their
ships and whatever belongs to them, they shall always be
considered and treated as the most favored nations, and shall pay
no fee or salary, which the said nations are not bound to pay in
similar cases. The citizens, inhabitants, and subjects of the United
States of America shall reciprocally have and enjoy the same
privileges and liberties in all the places belonging to his Majesty, the
King of Denmark and Norway.

ARTICLE VII.

Whenever one of the contracting parties shall be at war with other

powers, the communication and free commerce of the subjects of
the other party with the States of the said powers, shall not on that
account be interrupted. On the contrary, in this case it is agreed and
stipulated, that every ship and vessel of the neutral party may freely
navigate from port to port, and on the coasts of the States at enmity
with the other party, and that the vessels and ships being free, shall
likewise secure the liberty of merchandise; so that everything shall
be judged free which shall be found on board of the vessels
belonging to the subjects of one of the contracting parties, although
the loading, or part of it, should belong to the enemies of one of
them; it being, nevertheless, well understood, that contraband
goods shall be always excepted; and it is also agreed, that this same
liberty shall extend to the persons of such as shall be found on
board of the free vessel, even though they should be enemies of one
of the two contracting parties, and they shall not be taken from on
board the said vessels, unless they are military characters, and
actually in the service of the enemy.

ARTICLE VIII.

The merchant vessels of one of the two contracting parties, coming

either from a port belonging to the enemy, or from their own, or a
neutral port, and navigating towards a port of an enemy of the
other, shall be bound every time they shall be required, to exhibit, as
well on the high seas as in port, their passports, or sea letters, and
other public documents, which shall expressly prove that their
loading is not of that kind, which is prohibited as contraband; it
being well understood, nevertheless, that in all cases, where such
merchant vessels shall be escorted by one or more vessels of war,
the simple declaration of the officer commanding the convoy, that
these vessels do not carry any contraband goods, shall be
considered as fully sufficient, and they shall not require to examine
the papers of the escorted vessels.

ARTICLE IX.

It shall no sooner be found by the sea letters, passports, or other

public documents, or by the verbal declaration of the commanding
officer of the convoy, that the merchant vessels are not laden with
contraband goods, than they shall be at liberty to continue their
voyage without any hinderance; but if, on the contrary, the
exhibition of the said passports or other documents, in case the
vessels are not escorted, tends to discover that the said vessels
carry merchandise reputed contraband, consigned to an enemy's
port, it shall not, however, be permitted to break open the hatches
of the said vessels, nor to open any chest, case, trunk, bale,
package, or cask, which shall be found on board, or to displace or
overturn the least part of the merchandise, whether the vessel
belongs to his Danish Majesty's subjects, or to the citizens or
inhabitants of the United States, until the cargo has been landed in
presence of the officers of the Courts of Admiralty, and that the
inventory has been made of it. And it shall not be permitted to sell,
exchange, or alienate the merchandise reputed contraband, in any
manner whatever, before trial has been held and legally finished, to
declare them contraband, and that the Courts of Admiralty shall
have pronounced them confiscated, without any prejudice,
nevertheless, to the vessels or to the merchandise, which by virtue
of the treaty shall be considered free. It shall not be permitted to
retain these merchandises under pretence, that they have been
intermixed with the contraband merchandise, and still less confiscate
them as legal prizes. In case where a part only, and not the whole of
the loading, shall consist of contraband merchandises, and that the
commander of the vessel consents to deliver them up to the
privateer, which shall have discovered them, then the captain, who
shall have made the prize, after having received the merchandise,
must immediately release the vessel, and shall not in any wise
prevent the continuation of his voyage; but in case the contraband
merchandise cannot all be taken on board the captor, then the
captain of the said vessel shall be at liberty, notwithstanding the
offer to deliver the contraband goods, to conduct the master to the
nearest port, in conformity to what is prescribed above.

ARTICLE X.

In order to obviate entirely every disorder and violence, it is

stipulated, that whenever the merchant vessels and ships of the
subjects and inhabitants of one of the two parties, navigating alone,
shall be met by any vessel of war, privateer, or armed vessel of the
other party, the said vessels of war, privateers, or armed vessels,
shall remain on their part constantly out of cannonshot, and shall
not send above two or three men in their boats on board the
merchant vessels or ships, to examine the passports or other
documents, which shall prove the property and cargoes of the said
vessels or ships. Such of the vessels of war, privateers, or armed
vessels of the one party, as shall molest or damage in any manner
whatever the ships or vessels of the other, shall be obliged to answer
for it in their persons and property, and consequently, to render
satisfaction for all damage and interest over and above the
reparation due for the insult shown the flag.

ARTICLE XI.

It is agreed that everything that is found laden by the respective

subjects or inhabitants on board of vessels belonging to the enemies
of the other party, or to their subjects, shall be confiscated without
distinction of prohibited merchandise, in like manner as though it
belonged to the enemy, excepting always such effects and
merchandise as shall have been put on board of said vessels, before
the declaration of war, or even after said declaration, if, at the time
of lading, it was unknown, so that the merchandises of the subjects
of the two contracting parties, whether they are of the number
termed contraband or otherwise, which, as has just been said, shall
have been laden on board of a vessel belonging to the enemy before
the war, or even after the declaration, when it was not known, shall
in no wise be subject to confiscation, but shall be faithfully and bona
fide returned without delay to their proprietors who shall claim them,
it being well understood, nevertheless, that it shall not be permitted
to carry into the enemy's ports merchandise of a contraband nature.
And in order that every dissension may be avoided, it is agreed, that
after the term of six months being elapsed from the declaration of
war, the respective subjects, from whatever part of the world they
may come, shall not allege the ignorance mentioned in the present
article.

ARTICLE XII.

All vessels and merchandise of whatever nature soever, whenever

they shall have been recovered from the hands of pirates on the
high seas, shall be brought into some port of one of the two States,
and shall be delivered to the care of the officers of the said port, in
order to be restored entire to their true proprietor, as soon as he
shall have duly and sufficiently proved his property.

ARTICLE XIII.

The ships of war belonging to the two parties, as also those of their
subjects which are armed, shall conduct at full liberty wheresoever
they please, the prizes they shall have made from their enemies,
without being obliged to pay any other duties than such as the most
favored nations; the said vessels or the said prizes, on entering into
the ports of his Danish Majesty, or of the said United States, shall
not be subject to be stopped or seized, nor shall the officers of the
places have any power to take cognizance of the validity of the said
prizes, which shall go out, and be freely conducted in full liberty, to
the places mentioned in the commissions, which the captains of the
said vessels shall be obliged to produce.

ARTICLE XIV.

In order to favor as much as possible the commerce on both sides, it

is agreed, that if a war should happen between his Majesty, the King
of Denmark and Norway, and the United States of America, (which
God forbid) nine months after the declaration of war shall be granted
to the subjects on both sides to collect, sell, and transport freely, the
merchandise and effects belonging to them, and to withdraw
themselves; and if anything is taken from them, or if any injury is
done to them during the above prescribed time, by one of the two
parties, full and entire satisfaction shall be given them in this
respect.

ARTICLE XV.

No subject of his Majesty, the King of Denmark and Norway, shall

take a commission or letter of marque (to arm any vessel or vessels,
for the purpose of acting as a privateer against the said United
States, or any of them, or against their subjects, people, or
inhabitants, or against their property, or that of any among them)
from any Prince whatever, with whom the said United States shall be
at war. In like manner no citizen, subject, or inhabitant of the said
United States, or of any of them, shall demand or accept of any
commission or letter of marque (to arm any vessel or vessels, to
cruise against the subjects of his said Majesty, or any of them, or
their property) from any Prince or State whatever, with whom his
Majesty shall be at war; and if any one of either nation should take
such commissions or letter of marque, he shall be punished as a
pirate.
 ARTICLE XVI.

In case the vessels of the subjects and inhabitants of one of the two
contracting parties should approach the coasts of the other, without
however designing to enter into the port, or to discharge the cargo,
or to break bulk after having entered, they shall be at liberty to
depart, or to pursue their voyage without molestation, in the same
manner as is practiced by the vessels belonging to the most favored
nations.

ARTICLE XVII.

The liberty of navigation and commerce, mentioned in the 7th article

of this treaty, shall extend to all kinds of merchandises, excepting
those which are designated by the name of contraband. Under this
name of contraband, or prohibited merchandise, are only to be
comprehended, arms, cannon, powder, matches, pikes, swords,
lances, spears, halberts, mortars, petards, grenades, saltpetre,
fusils, balls, bucklers, helmets, drums, coats of mail, and other arms
of that kind fit to arm soldiers, swivels, shoulder belts, horses with
their equipages, and all other instruments of war whatever,
excepting always the quantity that may be necessary for the defence
of the vessel and such as compose the crew. All other effects and
merchandise not expressly designated above, of whatever kind or
denomination they may be, and however fit they may be, even for
the building, the repairing, and equipment of vessels, or for the
making of any machine or warlike instrument by land or by sea, shall
not be considered as contraband, and they may consequently be
transported and conducted in the freest manner by the subjects of
the two contracting parties to places belonging to the enemy,
excepting, nevertheless, such as shall be actually besieged, blocked
up or invested, and such shall only be considered so, where the
vessels of the power that attacks shall be so near, and posted in
such a manner, as that there shall be evident danger to enter.
 ARTICLE XVIII.

The passports or sea letters, which shall prove the property of the
neutral vessels, according to the tenor of the 8th Article of the
present treaty, shall be prepared and distributed according to the
model which shall be agreed on. Every time that the vessel shall
have returned to its own country, it shall be furnished with new
passports of the like kind; at least, these passports must not be of
an older date than two years after the time the vessel has returned
last to its own country. Moreover, the vessels being loaded, must be
provided with such certificates, or manifests, or other public
documents, as are commonly given to vessels which depart from the
ports from whence they have last sailed, containing a specification of
the cargo, of the place from whence the vessel has departed, and
that of her destination, in order that it may be known whether there
are any contraband effects on board of the vessels, and whether
they are destined to carry them to an enemy's country, or not. If the
names of the persons to whom the effects on board belong, are not
expressed in the said documents, this omission shall not, however,
give cause for confiscation, as the freedom of the vessel secures the
freedom of the effects.

ARTICLE XIX.

Should it happen that the ships or vessels of one of the two

contracting parties, or of their subjects, should strike against the
rocks, or strand, or be shipwrecked on the coast of the other, the
respective subjects shall enjoy both for their persons and their ships
and vessels, effects and merchandise, all the aid and assistance
possible, as the inhabitants of the country, and shall only pay the
same expenses and duties, which the proper subjects of the State
on whose coasts they shall have stranded or have been shipwrecked,
are subject to in similar cases.

ARTICLE XX.
If the subjects or inhabitants of one of the two parties, compelled by
storm, or by the pursuit of pirates, or of the enemy, or by any other
accident, find themselves constrained to take refuge with their ships
in the rivers, bays, ports, and roads belonging to the other, they
shall be received and treated with every humanity and kindness, and
they shall be permitted likewise to refresh and to furnish themselves
at a just price with every kind of provisions, and everything
necessary for the maintenance and support of their persons, and for
the reparation of their ships, provided they carry on no commerce
contrary to the laws and ordinances of the place or port into which
they have entered.

ARTICLE XXI.

It is agreed, that the subjects of each of the contracting parties, and

their ships, vessels, merchandise, and effects, shall not be subject to
an embargo or detention in any of the countries, islands, towns,
places, ports, or domains whatever of the other party, for any
military expedition, public or private use, in any manner whatever,
and in cases of seizure, detentions, or arrests for debts contracted,
or faults committed by any subject of one of the parties in the States
of the other, the said seizures, detentions, or arrests shall be made
only by order and authority of the justice, and according to the
ordinary means; and with regard to debts and faults, process ought
to be made by way of equity, and agreeably to the forms of the
justice of the place.

ARTICLE XXII.

The two contracting parties have mutually granted permission to

have in their respective ports, consuls, vice consuls, agents, and
commissaries, which they shall appoint themselves, and whose
functions shall be regulated by a particular convention whenever
either of the parties wish to establish it.
 ARTICLE XXIII.

The subjects of his Majesty, the King of Denmark and Norway, may
in the country of the United States of America dispose of their
effects by testament, donation, or otherwise; and their heirs,
subjects of his said Majesty, shall succeed them, without any
impediment in all their effects, moveable and immoveable, either by
testament or ab intestat; so that they may take possession of the
inheritance, either by themselves, or by attorney, and dispose of it
as they please, after having discharged the different duties
established by the laws of the State where the said succession shall
have been left; and in case that the heirs of the said dead subjects
should be absent or minors, and that the deceased shall not have
appointed guardians or executors, the property left shall then be
inventoried by the Notary Public, or by the magistrate of the place,
and disposed of in such manner that they may be kept and
preserved for the legal proprietors; and, supposing that there should
arise a dispute about such inheritance among several pretenders,
then the Judges of the places where the effects of the deceased
shall be found, shall decide the process by a definitive sentence
agreeably to the laws of the country. The contents of the present
article shall be reciprocally observed, with respect to the subjects of
the United States of America, in the States of his Danish Majesty.

ARTICLE XXIV.

A perfect liberty of conscience shall be granted to the subjects and

inhabitants of each party within the respective States, and they may,
consequently, freely attend the worship of their religion without
being disturbed or molested, provided that they submit, as to the
public demonstration, to the ordinances and laws of the country.

ARTICLE XXV.
His Majesty, the King of Denmark and Norway, and the United States
of North America, have agreed, that the present treaty shall be in
full effect during the space of fifteen successive years, reckoning
from the day of its ratification; and the two contracting parties
reserve to themselves the power of renewing it at the expiration of
that time.

ARTICLE XXVI.

The present treaty shall be ratified on both sides, and the

ratifications shall be exchanged within the space of eight months
from the date of the signature.

EXPLANATION OF THE COUNTER PROJECT

Of a Treaty of Amity and Commerce received from Denmark.

Translation.

Although the simple comparison of the enclosed Counter Project,

with the Project proposed by Mr Franklin, evidently proves the
attention that has been shown on our part here to the negotiation
set on foot, and which, in the main, has been agreed upon as to the
principles, which have been adopted for the basis of a treaty, as well
as the most essential stipulations, we could not avoid, however,
explaining more distinctly certain points of the Counter Project; and
the eclaircissements that will be given of them will at the same time
prove the amicable intentions, with which it has been endeavored to
facilitate the consequences of an affair too important to the welfare
of the two nations, not to merit the attention and cares of the
powers which govern them.
The second and third articles will regulate the conduct of the
reciprocal subjects in the respective States. Taking things as they
now are, it is easily perceived that the stipulations of the said
articles, although apparently reciprocal, give however superior
advantages to the United States. For, according to the system of
commerce, which subsists in Denmark and Norway, the most favored
nations pay there no greater imposts or other duties than the proper
subjects of the State, and the proper subjects of the State enjoy
considerable diminutions with respect to unprivileged nations, as
well for their vessels as their merchandise. It is evident, therefore,
that the subjects of the United States of America being received
among the most favored nations in Denmark and Norway, would not
only gain by that means a competition with the said most favored,
but also a preference over several other nations, even in the
neighborhood of Denmark, with whom no treaties of commerce have
been concluded, and who, therefore, are still in the number of
unprivileged, as to navigation and commerce, in the States of his
Danish Majesty.
On the other hand, if the advantages, which would result from these
articles, as to the commerce of the subjects of Denmark in the
territories of the United States, are considered, the said advantages
would be confined to the simple competition with every other foreign
nation; but, as there is no nation that we know of, which actually
pays in the territories of the United States other or greater duties,
than what the privileged or most favored nations are bound to pay,
the Danish subjects would not find in the territories of the United
States the same preference, which the subjects of the United States
would obtain in Denmark and Norway. The preceding considerations
are not advanced for the purpose of taking any advantage, but they
are pointed out only to show the impartiality and good will, with
which we desire to contribute to the mutual connexions of amity and
commerce between the two nations, who will, it is to be hoped,
more and more unite. As to the periods inserted in these articles,
they do not essentially change the stipulations projected by the
Minister of the United States; they only add therein some proper
determination to prevent every misunderstanding on the subject of
the reciprocal liberties and privileges, and to guaranty some rights,
which the subjects of his Danish Majesty enjoy with respect to
certain countries and colonies, as Iceland, Greenland, Finmarson,
Faro, the establishment of Tranquibar, and, in certain respects, the
Islands of St Croix, St Thomas, and St John; and if, at any time, it
should please the United States to reserve for its own subjects
similar rights, with respect to certain places, or certain kinds of
merchandise, and to exclude therefrom every foreign nation, the
same stipulations shall then suit their intentions. In like manner the
same mark of reciprocity has been given to every change, excepting
only the last clause of the third article, which has not been
susceptible of the same turn, considering the local position of the
United States, and which, undoubtedly for the same reason, has
been inserted in the treaty of the United States with Holland, in the
same manner as it is here in the Counter Project.
After having pointed out the privileges, which the subjects of his
Danish Majesty enjoy in the islands of St Croix, St Thomas, and St
John, it will not be useless to observe, that it is only the commerce
and navigation between the said islands and Europe, which Denmark
has appropriated to itself in any manner; but the commerce, which
is conducted between those islands and North America, although
always subject to the same interior regulations on both sides, has
been for a long while authorised by his Danish Majesty's commercial
laws, and his said Majesty has, moreover, granted to the islands of
St Thomas and St John privileges, which will give the commerce of
these islands, with America in particular, a freer course, and very
different from that of the commerce of the colony. The advantages,
which the United States may derive from a more close commercial
connexion with the said privileged islands, and whose ports,
distinguished by the security they insure to vessels, appear to invite
the commercial subjects of America, are too evident to need any
circumstantial detail. There shall only be added, therefore, to what
has been said, this single observation, that his Danish Majesty,
having it very much at heart to open every possible road to industry
and commerce, finds himself much disposed to favor the connexion
in question, and that, if for this purpose the United States, after the
conclusion of the present treaty, which shall fix the general
commercial points between the contracting parties, should desire a
particular convention to agree upon the reciprocal and local
advantages proper to accomplish this object, his said Majesty would
willingly come into it, provided that the United States were equally
disposed on their part to facilitate the affair.
The fourth and fifth articles have only been modified in order to
remove the doubts, which might arise with respect to the defence
and protection due to the vessels belonging to the respective
subjects. It is only in cases of attack from the common enemy,
against whom it was conceived possible to confine each other by
these articles; for in case that one of the parties was at war and the
other at peace, the vessels belonging to the neutral party could not
protect the vessels belonging to the belligerent party, without taking
a part and quitting its neutrality.
The privileges of the most favored nations undoubtedly guaranty to
the respective subjects the favors mentioned in the sixth, eleventh,
fourteenth, and seventeenth articles of the Project. For this reason it
has appeared, that it would be better to reduce the points detailed
in these articles to the number of general liberties of the most
favored nations, and this is what has been done in the sixth,
thirteenth, sixteenth, and twentyfirst articles of the Counter Project,
contenting ourselves here with the assurance, that the subjects of
his Danish Majesty in the cases mentioned here, as well as in any
other, shall be regarded and treated in the territories within the
dominions of the United States as the most favored nations, and in
expectation that the United States will not demand anything more in
these respects.
The seventh, eighth, and ninth articles of the Counter Project only
contain the spirit and ideas of the fifteenth, seventh, and eighth
articles of the Project, to which has been added some further
stipulations, conformable to the principles, which have been
established and acknowledged with respect to the commerce of
neutral nations in time of war.
The term of two months, which has been proposed in the ninth
article, and that of six months named in the twelfth article of the
Project, did not appear to correspond with the extent of commerce,
which is carried on, particularly with the East Indies, nor with
difficulties, which the merchants or inhabitants sometimes find in
arranging their affairs to change their abode. It is for this reason,
that instead of two and six months, the terms six and nine months
have been substituted, it being nevertheless well understood, that
from the friendship and good understanding, which is about being
strengthened between the two nations, the subjects of neither party
will ever have cause to take refuge on account of a rupture.
Although no fault has been found as to the merchandise, which the
Project has called contraband, or not contraband in time of war,
there is however reason to think, that it would still be better for the
conveniency of the contracting parties, only to name in express
terms the contraband, without detailing the free merchandise, with
respect to which no better explanation could be given, as it appears,
than by agreeing that everything that is not called contraband shall
be comprehended in the number of free merchandise; consequently,
on this principle, the seventeenth article of the Counter Project has
been arranged, and at the end of the article has been added the
definition of a port that is blocked up.
The new articles that have been proposed on this side principally
turn on reciprocal points and favors, which justice and equity
demand, and which humanity and the rights of nations ordinarily
grant, even without stipulation by express conventions; but it is
usage that has introduced them into treaties, and it is conceived that
it is no less necessary to conform thereto.
As to the passports mentioned in the eighteenth article of the
Counter Project, there is nothing easier than to agree about them
after the conclusion of the treaty, or at the time when it is
concluded, and the models that shall be agreed on can then be
officially exchanged and published in case of necessity.
 GIACOMO F. CROCCO TO B. FRANKLIN.
Cadiz, July 15th, 1783.
Sir,
His Imperial Majesty, the Emperor of Morocco, did me the honor to
appoint me to be the bearer of his answer to the United Provinces of
North America, with which he is willing to sign a treaty of peace and
commerce, and in consequence has already given orders to his
Captains of men of war not to molest on the open seas the American
vessels, which agreeable news I have already given to Mr Richard
Harrison. According to my instructions, I am to accompany to the
Court of Morocco the Ambassador, that will be appointed to conclude
the treaty of peace. I presume, that your Excellency is already
acquainted, that the travelling expenses and other charges of
ambassadors, or envoys, sent to Europe by the Emperor of Morocco,
are to be paid by the Court, or Republic, that demands his
friendship. In a few days I intend to set out for Madrid, where I will
remain till I receive your Excellency's answer to this letter, directed
to William Carmichael, the United States Chargé d'Affaires at the
Court of Spain, who, I make no doubt, will receive orders to supply
me with the money I may want on the occasion.
As soon as I arrive at Paris I shall have the satisfaction to entertain
at large your Excellency on the present negotiation, not doubting it
will soon be concluded to the advantage of both Courts.
In the meantime I remain, most truly, Sir, &c.
GIACOMO FRANCISCO CROCCO.
P. S. I was obliged to call on a friend to write you this letter in
English, otherwise I could only do it in the Italian language.
 G. F. C.

TO ROBERT R. LIVINGSTON.
Passy, July 22d, 1783.
Sir,
You have complained, sometimes with reason, of not hearing from
your Foreign Ministers; we have had cause to make the same
complaint, six full months having intervened between the latest date
of your preceding letters and the receipt of those by Captain Barney.
During all this time we were ignorant of the reception of the
Provisional Treaty, and the sentiments of Congress upon it, which, if
we had received sooner, might have forwarded the proceedings on
the Definitive Treaty, and, perhaps, brought them to a conclusion, at
a time more favorable than the present. But these occasional
interruptions of correspondence are the inevitable consequences of a
state of war, and of such remote situations. Barney had a short
passage, and arrived some days before Colonel Ogden, who also
brought despatches from you, all of which are come safe to hand.
We, the Commissioners, have in our joint capacity written a letter to
you, which you will receive with this.
I shall now answer yours of March the 26th, May the 9th, and May
the 31st.
It gave me great pleasure to learn by the first, that the news of
peace diffused general satisfaction. I will not now take it upon me to
justify the apparent reserve, respecting this Court, at the signature,
which you disapprove. We have touched upon it in our general letter.
I do not see, however, that they have much reason to complain of
that transaction. Nothing was stipulated to their prejudice, and none
of the stipulations were to have force, but by a subsequent act of
their own. I suppose, indeed, that they have not complained of it, or
you would have sent us a copy of the complaint, that we might have
answered it. I long since satisfied Count de Vergennes about it here.
We did what appeared to all of us best at the time, and if we have
done wrong, the Congress will do right, after hearing us, to censure
us. Their nomination of five persons to the service seems to mark,
that they had some dependence on our joint judgment, since one
alone could have made a treaty by direction of the French Ministry
as well as twenty.
I will only add, that with respect to myself, neither the letter from M.
Marbois, handed us through the British negotiators, (a suspicious
channel) nor the conversations respecting the fishery, the
boundaries, the royalists, &c. recommending moderation in our
demands, are of weight sufficient in my mind to fix an opinion, that
this Court wished to restrain us, in obtaining any degree of
advantage we could prevail on our enemies to accord, since those
discourses are fairly resolvable, by supposing a very natural
apprehension, that we, relying too much on the ability of France to
continue the war in our favor, and supply us constantly with money,
might insist on more advantages than the English would be willing to
grant, and thereby lose the opportunity of making peace, so
necessary to all our friends.
I ought not, however, to conceal from you, that one of my
colleagues is of a very different opinion from me in these matters.
He thinks the French Minister one of the greatest enemies of our
country, that he would have straitened our boundaries, to prevent
the growth of our people; contracted our fishery, to obstruct the
increase of our seamen; and retained the royalists among us, to
keep us divided; that he privately opposes all our negotiations with
foreign Courts, and afforded us, during the war, the assistance we
received only to keep it alive, that we might be so much the more
weakened by it; that to think of gratitude to France is the greatest of
follies, and that to be influenced by it would ruin us. He makes no
secret of his having these opinions, expresses them publicly,
sometimes in presence of the English Ministers, and speaks of
hundreds of instances which he could produce in proof of them.
None, however, have yet appeared to me, unless the conversations
and letter abovementioned are reckoned such.
If I were not convinced of the real inability of this Court to furnish
the further supplies we asked, I should suspect these discourses of a
person in his station might have influenced the refusal, but I think
they have gone no further than to occasion a suspicion, that we
have a considerable party of antigallicans in America, who are not
tories, and consequently, to produce some doubts of the
continuance of our friendship. As such doubts may hereafter have a
bad effect, I think we cannot take too much care to remove them;
and it is, therefore, I write this to put you on your guard, (believing
it my duty, though I know that I hazard by it a mortal enmity) and to
caution you respecting the insinuations of this gentleman against
this Court, and the instances he supposes of their ill will to us, which
I take to be as imaginary as I know his fancies to be, that Count de
Vergennes and myself are continually plotting against him, and
employing the newswriters of Europe to depreciate his character, &c.
But as Shakspeare says, "Trifles light as air," &c. I am persuaded,
however, that he means well for his country, is always an honest
man, often a wise one, but sometimes, and in some things,
absolutely out of his senses.
When the commercial article, mentioned in yours of the 26th, was
struck out of our proposed preliminaries by the British Ministry, the
reason given was, that sundry acts of Parliament still in force were
against it, and must be first repealed, which I believe was really
their intention, and sundry bills were accordingly brought in for that
purpose; but new Ministers with different principles succeeding, a
commercial proclamation totally different from those bills has lately
appeared. I send enclosed a copy of it. We shall try what can be
done in the Definitive Treaty towards setting aside that proclamation,
but if it should be persisted in, it will then be a matter worthy the
attentive discussion of Congress, whether it will be most prudent to
retort with a similar regulation in order to force its repeal, (which
may possibly tend to bring on another quarrel) or to let it pass
without notice, and leave it to its own inconvenience, or rather
impracticability in the execution, and to the complaints of the West
India planters, who must all pay much dearer for our produce under
those restrictions.
I am not enough master of the course of our commerce to give an
opinion on this particular question, and it does not behove me to do
it; yet I have seen so much embarrassment and so little advantage
in all the restraining and compulsive systems, that I feel myself
strongly inclined to believe, that a State, which leaves all her ports
open to all the world upon equal terms, will, by that means, have
foreign commodities cheaper, sell its own productions dearer, and be
on the whole the most prosperous. I have heard some merchants
say, that there is ten per cent difference between Will you buy? and
Will you sell? When foreigners bring us their goods, they want to
part with them speedily, that they may purchase their cargoes and
despatch their ships, which are at constant charges in our ports; we
have then the advantage of their Will you buy? And when they
demand our produce, we have the advantage of their Will you sell?
And the concurring demands of a number also contribute to raise
our prices. Thus both those questions are in our favor at home,
against us abroad.
The employing, however, of our own ships and raising a breed of
seamen among us, though it should not be a matter of so much
private profit as some imagine, is nevertheless of political
importance, and must have weight in considering this subject.
The judgment you make of the conduct of France in the peace, and
the greater glory acquired by her moderation than even by her arms,
appears to me perfectly just. The character of this Court and nation
seems, of late years, to be considerably changed. The ideas of
aggrandisement by conquest are out of fashion, and those of
commerce are more enlightened and more generous than
heretofore. We shall soon, I believe, feel something of this in our
being admitted to a greater freedom of trade with their Islands. The
wise here think France great enough; and its ambition at present
seems to be only that of justice and magnanimity towards other
nations, fidelity and utility to its allies.
The Ambassador of Portugal was much pleased with the proceedings
relating to their vessel, which you sent me, and assures me they will
have a good effect at his Court. He appears extremely desirous of a
treaty with our States; I have accordingly proposed to him the plan
of one (nearly the same with that sent me for Sweden) and after my
agreeing to some alterations, he has sent it to his Court for
approbation. He told me at Versailles, last Tuesday, that he expected
its return to him on Saturday next, and anxiously desired that I
would not despatch our packet without it, that Congress might
consider it, and, if approved, send a commission to me or some
other Minister to sign it.
I venture to go thus far in treating, on the authority only of a kind of
general power, given formerly by a resolution of Congress to Messrs
Franklin, Deane, and Lee; but a special commission seems more
proper to complete a treaty, and more agreeable to the usual forms
of such business.
I am in just the same situation with Denmark; that Court by its
Minister here has desired a treaty with us. I have proposed a plan
formed on that sent me for Sweden; it has been under consideration
some time at Copenhagen, and is expected here this week, so that I
may possibly send that also by this conveyance. You will have seen
by my letter to the Danish Prime Minister, that I did not forget the
affair of the prizes. What I then wrote, produced a verbal offer made
me here, of £10,000 sterling, proposed to be given by his Majesty to
the captors, if I would accept it as a full discharge of our demand. I
could not do this, I said, because it was not more than a fifth part of
the estimated value. In answer, I was told that the estimation was
probably extravagant, that it would be difficult to come at the
knowledge of their true value, and that whatever they might be
worth in themselves, they should not be estimated as of such value
to us when at Bergen, since the English probably watched them, and
might have retaken them in their way to America; at least, they were
at the common risk of the seas and enemies, and the insurance was
a considerable drawback; that this sum might be considered as so
much saved for us by the King's interference; for that if the English
claimants had been suffered to carry the cause into the common
courts, they must have recovered the prizes by the laws of
Denmark; it was added, that the King's honor was concerned, that
he sincerely desired our friendship, but he would avoid, by giving
this sum in the form of a present to the captors, the appearance of
its being exacted from him as the reparation of an injury, when it
was really intended rather as a proof of his strong disposition to
cultivate a good understanding with us.
I replied, that the value might possibly be exaggerated; but that we
did not desire more than should be found just on inquiry, and that it
was not difficult to learn from London what sums were insured upon
the ships and cargoes, which would be some guide; and that a
reasonable abatement might be made for the risk; but that the
Congress could not, in justice to their mariners, deprive them of any
part that was truly due to those brave men, whatever abatement
they might think fit to make (as a mark of their regard for the King's
friendship) of the part belonging to the public; that I had, however,
no instructions or authority to make any abatement of any kind, and
could, therefore, only acquaint Congress with the offer, and the
reasons that accompanied it, which I promised to state fully and
candidly (as I have now done) and attend their orders, desiring only
that it might be observed, we had presented our complaint with
decency, that we had charged no fault on the Danish government,
but what might arise from inattention or precipitancy, and that we
had intimated no resentment, but had waited with patience and
respect the King's determination, confiding, that he would follow the
equitable disposition of his own breast, by doing us justice as soon
as he could do it with conveniency; that the best and wisest Princes
sometimes erred, that it belonged to the condition of man, and was,
therefore, inevitable, and that the true honor in such cases consisted
not in disowning or hiding the error, but in making ample reparation;
that, though I could not accept what was offered on the terms
proposed, our treaty might go on, and its articles be prepared and
considered, and, in the mean time, I hoped his Danish Majesty
would reconsider the offer, and make it more adequate to the loss
we had sustained. Thus that matter rests; but I hourly expect to
hear further, and perhaps may have more to say on it before the
ship's departure.
I shall be glad to have the proceedings you mention respecting the
brig Providentia. I hope the equity and justice of our Admiralty
Courts, respecting the property of strangers, will always maintain
their reputation, and I wish particularly to cultivate the disposition of
friendship towards us, apparent in the late proceedings of Denmark,
as the Danish Islands may be of use to our West India commerce,
while the English impolitic restraints continue.
The Elector of Saxony, as I understand from his Minister here, has
thoughts of sending one to Congress, and proposing a treaty of
commerce and amity with us. Prussia has likewise an inclination to
share in a trade with America, and the Minister of that Court, though
he has not directly proposed a treaty, has given me a packet of lists
of the several sorts of merchandise they can furnish us with, which
he requests me to send to America for the information of our
merchants.
I have received no answer yet from Congress to my request of being
dismissed from their service. They should, methinks, reflect, that if
they continue me here, the faults I may henceforth commit, through
the infirmities of age, will be rather theirs than mine. I am glad my
journal afforded you any pleasure. I will, as you desire, endeavor to
continue it. I thank you for the pamphlet; it contains a great deal of
information respecting our finances. We shall, as you advise, avoid
publishing it. But I see they are publishing it in the English papers. I
was glad I had a copy authenticated by the signature of Secretary
Thompson, by which I could assure Count de Vergennes, that the
money contract I had made with him was ratified by Congress, he
having just before expressed some uneasiness to me at its being so
long neglected. I find it was ratified soon after it was received, but
the ratification, except in that pamphlet, has not yet come to hand. I
have done my best to procure the further loan directed by the
resolution of Congress. It was not possible. I have written on that
matter to Mr Morris. I wish the rest of the estimates of losses and
mischiefs were come to hand; they would still be of use.
Mr Barclay has in his hands the affair of the Alliance and Bon
Homme Richard. I will afford him all the assistance in my power, but
it is a very perplexed business. That expedition, though for particular
reasons under American commissions and colors, was carried on at
the King's expense, and under his orders. M. de Chaumont was the
agent appointed by the Minister of Marine to make the outfit. He
was also chosen by all the captains of the squadron, as appears by
an instrument under their hands, to be their agent, receive, sell, and
divide prizes, &c. The Crown bought two of them at public sale, and
the money I understand is lodged in the hands of a responsible
person at L'Orient. M. de Chaumont says he has given in his
accounts to the Marine, and that he has no more to do with the
affair, except to receive a balance due to him. That account,
however, is I believe unsettled, and the absence of some of the
captains is said to make another difficulty, which retards the
completion of the business. I never paid or received anything
relating to that expedition, nor had any other concern in it, than
barely ordering the Alliance to join the squadron at M. de Sartine's
request. I know not whether the other captains will not claim a
share in what we may obtain from Denmark, though the prizes were
made by the Alliance, when separate from the squadron. If so, that
is another difficulty in the way of making abatement in our demand,
without their consent.
I am sorry to find, that you have thoughts of quitting the service. I
do not think your place can be easily well supplied. You mention,
that an entire new arrangement, with respect to foreign affairs, is
under consideration. I wish to know whether any notice is likely to
be taken in it of my grandson. He has now gone through an
apprenticeship of near seven years in the Ministerial business, and is
very capable of serving the States in that line, as possessing all the
requisites of knowledge, zeal, activity, language, and address. He is
well liked here, and Count de Vergennes has expressed to me in
warm terms his very good opinion of him. The late Swedish
Ambassador, Count de Creutz, who has gone home to be Prime
Minister, desired I would endeavor to procure his being sent to
Sweden, with a public character, assuring me, that he should be glad
to receive him there as our Minister, and that he knew it would be
pleasing to the King.[18] The present Swedish Ambassador has also
proposed the same thing to me, as you will see by a letter of his,
which I enclose.[19] One of the Danish Ministers, M. Walterstorff,
who will probably be sent in a public character to Congress, has also
expressed his wish, that my grandson may be sent to Denmark. But
it is not my custom to solicit employments for myself, or any of my
family, and I shall not do it in this case. I only hope, that if he is not
to be employed in your new arrangement, I may be informed of it as
soon as possible, that while I have strength left for it, I may
accompany him in a tour to Italy, returning through Germany, which
I think he may make to more advantage with me than alone, and
which I have long promised to afford him, as a reward for his faithful
service, and his tender filial attachment to me.
July 25th. While I was writing the above M. Walterstorff came in,
and delivered me a packet from M. Rosencrone, the Danish Prime
Minister, containing the project of the treaty with some proposed
alterations, and a paper of reasons in support of them.[20] Fearing
that we should not have time to copy them, I send herewith the
originals, relying on his promise to furnish me with copies in a few
days. He seemed to think, that the interest of the merchants is
concerned in the immediate conclusion of the treaty, that they may
form their plans of commerce, and wished to know whether I did not
think my general power, above mentioned, sufficient for that
purpose. I told him I thought a particular commission more
agreeable to the forms, but if his Danish Majesty would be content
for the present with the general authority, formerly given to me, I
believed I might venture to act upon it, reserving by a separate
article to Congress the power of shortening the term in case any
part of the treaty should not be to their mind, unless the alteration
of such part should hereafter be agreed on.
The Prince de Deuxponts was lately at Paris, and applied to me for
information, respecting a commerce which is desired between the
Electorate of Bavaria and America. I have it also from a good hand
at the Court of Vienna, that the Emperor is desirous of establishing a
commerce with us from Trieste, as well as Flanders, and would make
a treaty with us if proposed to him. Since our trade is laid open, and
no longer a monopoly to England, all Europe seems desirous of
sharing in it, and for that purpose to cultivate our friendship. That it
may be better known everywhere, what sort of people, and what
kind of government they will have to treat with, I prevailed with our
friend, the Duc de la Rochefoucault, to translate our book of
Constitutions into French, and I presented copies to all the Foreign
Ministers. I send you one herewith. They are much admired by the
politicians here, and it is thought will induce considerable
emigrations of substantial people from different parts of Europe to
America. It is particularly a matter of wonder, that in the midst of a
cruel war, raging in the bowels of our country, our sages should have
the firmness of mind to sit down calmly and form such complete
plans of government. They add considerably to the reputation of the
United States.
I have mentioned above the port of Trieste, with which we may
possibly have a commerce, and I am told that many useful
productions and manufactures of Hungary may be had extremely
cheap there. But it becomes necessary first to consider how our
Mediterranean trade is to be protected from the corsairs of Barbary.
You will see by the enclosed copy of a letter[21] I received from
Algiers, the danger two of our ships escaped last winter. I think it
not improbable, that those rovers may be privately encouraged by
the English to fall upon us, and to prevent our interference in the
carrying trade; for I have in London heard it is a maxim among the
merchants, that if there were no Algiers, it would be worth England's
while to build one. I wonder, however, that the rest of Europe do not
combine to destroy those nests, and secure commerce from their
future piracies.
I made the Grand Master of Malta a present of one of our medals in
silver, writing to him a letter, of which I enclose a copy;[22] and I
believe our people will be kindly received in his ports; but that is not
sufficient; and perhaps now we have peace, it will be proper to send
Ministers, with suitable presents, to establish a friendship with the
Emperor of Morocco, and the other Barbary States, if possible. Mr
Jay will inform you of some steps, that have been taken by a person
at Alicant, without authority, towards a treaty with that Emperor. I
send you herewith a few more of the abovementioned medals,
which have given great satisfaction to this Court and nation. I should
be glad to know how they are liked with you.
Our people, who were prisoners in England, are now all discharged.
During the whole war, those who were in Forton prison, near
Portsmouth, were much befriended by the constant charitable care
of Mr Wren, a Presbyterian minister there, who spared no pains to
assist them in their sickness and distress, by procuring and
distributing among them the contributions of good Christians, and
prudently dispensing the allowance I made them, which gave him a
great deal of trouble, but he went through it cheerfully. I think some
public notice should be taken of this good man. I wish the Congress
would enable me to make him a present, and that some of our
universities would confer upon him the degree of Doctor.
The Duke of Manchester, who has always been our friend in the
House of Lords, is now here as Ambassador from England. I dine
with him today, 26th, and if anything of importance occurs, I will add
it in a postscript. Be pleased to present my dutiful respects to the
Congress, assure them of my most faithful services, and believe me
to be, with great and sincere esteem, Sir, &c.
B. FRANKLIN.

PLAN OF A TREATY WITH PORTUGAL.

Plan of a Treaty of Amity and Commerce between Her Most Faithful
Majesty, the Queen of Portugal and Algarva, and the United States of
North America.
Her Most Faithful Majesty, the Queen of Portugal and Algarva, and
the United States of North America, anxious to fix in an equitable
and permanent manner the regulation, which ought to be observed
with regard to the commerce they wish to establish between their
respective countries, conceive that they cannot more effectually
attain this end than by observing as the basis of their arrangement
the most perfect equality and reciprocity, allowing each party the
liberty of making such interior regulations respecting their commerce
and navigation as may best suit them, resting the advantages of
commerce on its reciprocal utility and the laws of a just concurrence.
In consequence of these principles, and of a mature deliberation,
Her Most Faithful Majesty and the United States have agreed on the
following articles.

ARTICLE I.

There shall be a firm, inviolable, and universal peace, and a sincere

amity between Her Most Faithful Majesty, the Queen of Portugal, her
heirs and successors, and the United States of North America, as
well with respect to the citizens and subjects of the said two parties
as their people, islands, cities, and places situated within their
respective jurisdictions, and between their people and inhabitants of
all classes, without exception of persons and places, similar to what
has been already established with the most favorite powers.

ARTICLE II.

The subjects of Her Most Faithful Majesty may freely frequent and
reside in the United States, and traffic in all kinds of effects and
merchandises, whose importation or exportation is not or shall not
be prohibited, and they shall not pay in the ports, harbors, roads,
countries, islands, cities, and places within the United States, other
or greater duties or imposts of any kind whatever, than such as the
most favored nations are, or shall be, obliged to pay. And they shall
enjoy all the rights, liberties, privileges, immunities, and exemptions
with respect to trade, navigation, and commerce, whether in going
from one port of the said States to another, or in going there, or
returning from any part or to any part of the world whatever, which
the said nations do or shall enjoy.

ARTICLE III.

In the like manner the citizens and inhabitants of the United States
of North America shall freely frequent and reside in the States of Her
Most Faithful Majesty in Europe; also in Madeira and the Azores, and
trade there in all kinds of effects and merchandises, the importation
and exportation of which is not, or shall not be prohibited, and they
shall not pay in the ports, harbors, roads, countries, islands, cities,
and places of the Queen of Portugal, other or greater duties of any
kind whatsoever than such as the most favored nations are, or shall
be, bound to pay; and they shall enjoy all the rights, liberties,
privileges, immunities, and exemptions as to trade, navigation, and
commerce, whether in going from one port of Her Most Faithful
Majesty's States to another, or in going there, or returning from any
part of the world whatever, which the said nations do or shall enjoy.
 ARTICLE IV.

Her Most Faithful Majesty shall use every means in her power to
protect and defend all the vessels and property belonging to the
subjects, people, and inhabitants of the said United States, which
shall be in her ports, harbors, or roads, against any violence
whatever that may be committed by the subjects of her said
Majesty, by punishing such as shall violate these principles.

ARTICLE V.

The preceding article, shall be in like manner reciprocally and exactly

observed on the part of the United States, with respect to the
vessels and property belonging to the subjects of her said Majesty,
which shall be found in their ports, harbors, or roads, against any
violence that may be committed by the subjects of the United
States.

ARTICLE VI.

If any squadrons or vessels of war touch at the ports, or enter into

the seas in the neighborhood of Her Most Faithful Majesty's States,
they shall conform to the regulations already established with
respect to the other most favored maritime powers.

ARTICLE VII.

The United States of America likewise oblige themselves reciprocally

to observe with exactitude the stipulations contained in the above
article.

ARTICLE VIII.

It is likewise agreed and determined that every merchant, captains

of merchant vessels, or other subjects of Her Most Faithful Majesty,
shall have entire liberty in all places within the dominion or
jurisdiction of the United States of America, to manage themselves
their own affairs, and to employ therein whomsoever they please,
and that they shall not be obliged to make use of any interpreter or
broker, nor to pay them any fee, unless they do employ them.
Moreover, the masters of the vessels shall not be obliged, in loading
or discharging their vessels, to employ workmen, appointed for that
purpose by public authority, but they shall be entirely free to
discharge or load themselves their vessels, and to employ, in loading
or discharging, such persons as they shall think proper for the
purpose, without paying any fee, under the title of salary, to any
other person whatever, and they shall not be obliged to put any kind
of merchandise in other vessels, or to receive them on board, and
wait to be loaded any longer time than what they please, and all and
every of the citizens, people, and inhabitants of the United States of
America shall have, and shall reciprocally enjoy, the same privileges
and liberties in all the aforesaid places within Her Most Faithful
Majesty's jurisdiction in Europe. And, as to what concerns
contraband goods, which may be introduced in merchant vessels
belonging to either nation, they shall be obliged to submit to the
visit of the officers appointed in the two States, to prevent the said
contraband, and, for that purpose to conform to the established
regulations, or such as shall be established within the respective
States.

ARTICLE IX.

Full and entire liberty of conscience shall be granted to the

inhabitants and subjects of each party, and no one shall be molested
with respect to his worship, provided he submits, as far as respects
the public demonstration, to the laws of the country. The inhabitants
and subjects of either party, who shall die in the territory of the
other party, shall be permitted to be buried in suitable and decent
places, which shall be assigned for that purpose, and the two
contracting powers shall provide, each within its own jurisdiction,
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