The Diplomatic Correspondence of the American Revolution, Vol. 04
History
The Diplomatic Correspondence of the American Revolution, Vol. 04
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
_May 13th._ I now enclose a copy of the ratification of the Definitive
Treaty, on the part of his Britannic Majesty.
* * * * *
DAVID HARTLEY TO B. FRANKLIN.
Paris, June 1st, 1784.
Sir,
I have the honor to inform you, that I have transmitted to London the
ratification on the part of Congress of the Definitive Treaty of
peace, between Great Britain and the United States of America, and I
am ordered to represent to you, that a want of form appears in the
first paragraph of that instrument, wherein the United States are
mentioned before his Majesty, contrary to the established custom in
every treaty in which a crowned head and a republic are parties. It is
likewise to be observed, that the term definitive _articles_ is used
instead of definitive _treaty_, and the conclusion appears likewise
deficient, as it is neither signed by the President, nor is it dated,
and consequently, is wanting in some of the most essential points of
form necessary towards authenticating the validity of the instrument.
I am ordered to propose to you, Sir, that these defects in the
ratification should be corrected, which might very easily be done,
either by signing a declaration in the name of Congress for preventing
the particular mode of expression, so far as it relates to precedency
in the first paragraph, being considered as a precedent to be adopted
on any future occasion, or else by having a new copy made out in
America, in which these mistakes should be corrected, and which might
be done without any prejudice arising to either of the parties from
the delay.
I am, Sir, with great respect and consideration, &c.
DAVID HARTLEY.
* * * * *
TO DAVID HARTLEY.
Passy, June 2d, 1784.
Sir,
I have considered the observations you did me the honor of
communicating to me, concerning certain inaccuracies of expression,
and supposed defects of formality, in the instrument of ratification,
some of which are said to be of such a nature as to affect the
validity of the instrument.
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