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
The first is, "that the United States are named before his Majesty,
contrary to the established custom observed in every treaty in which a
crowned head and a republic are the contracting parties." With respect
to this, it seems to me we should distinguish between that act in
which both join, to wit, the treaty, and that which is the act of each
separately, the ratification. It is necessary, that all the modes of
expression in the joint act should be agreed to by both parties,
though in their separate acts each party is master of, and alone
unaccountable for its own mode. And, on inspecting the treaty, it will
be found that his Majesty is always regularly named before the United
States. Thus, "the established custom _in treaties_ between crowned
heads and republics," contended for on your part, is strictly
observed; and the ratification following the treaty contains these
words. "Now know ye, that we, the United States in Congress assembled,
having seen and considered the definitive articles aforesaid, have
_approved_, _ratified_, and _confirmed_, and by these presents do
_approve_, _ratify_, and _confirm_ the said articles, AND EVERY PART
AND CLAUSE THEREOF," &c. Hereby all those articles, parts, and
clauses, wherein the King is named before the United States, are
_approved_, _ratified_, and _confirmed_, and this solemnly under the
signature of the President of Congress, with the public seal affixed
by their order, and countersigned by their Secretary.
No declaration on the subject more determinate or more authentic can
possibly be made or given, which, when considered, may probably induce
his Majesty's Ministers to waive the proposition of our signing a
similar declaration, or of sending back the ratification to be
corrected in this point, neither appearing to be really necessary. I
will, however, if it be still desired, transmit to Congress the
observation, and the difficulty occasioned by it, and request their
orders upon it. In the meantime I may venture to say, that I am
confident there was no intention of affronting his Majesty by their
order of nomination, but that it resulted merely from that sort of
complaisance, which every nation seems to have for itself, and of that
respect for its own government, customarily so expressed in its own
acts, of which the English among the rest afford an instance, when in
the title of the King they always name Great Britain before France.
The second objection is, "that the term definitive _articles_ is used
instead of definitive _treaty_" If the words _definitive treaty_ had
been used in the ratification instead of _definitive articles_, it
might have been more correct, though the difference seems not great
nor of much importance, as in the treaty itself it is called the
present _Definitive Treaty_.
Public-domain text, read in full here on John Shaqi.
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