Instrument annulling the 11th and 12th articles of the treaty of commerce with France.

THE general congress of the United States of North America, having represented to the king, that the execution of the 11th article of the treaty of amity and commerce, signed the 6th of February last, might be productive of inconve niences, and having therefore desired the suppression of this article, consenting in return, that the 12th article shall be considered likewise of no effect. His majesty in order to give a new proof of his affection, as also his desire to consolidate the union and good correspondence established between the two states, has been pleased to consider their representations. His majesty has consequently declared, and does declare by these presents, that he consents to the suppression of the 11th and 12th articles aforementioned, and that it is his intention that they be considered as having never been comprehended in the treaty, signed the 6th February last.

Done at Versailles, the 1st day of the month of September, 1778.

GRAVIER DE VERGENNES.

TRANSLATION.

Instrument annulling the 11th and 12th articles.

THE most christian king, having been pleased to regard the representations made to him by the general congress of North America, relating to the 11th article of the treaty of commerce, signed the 6th of February in the present year; and his majesty having therefore consented, that the said article should be suppressed, on condition that the 12th article of the same treaty, be equally regarded as of none effect: the above said general congress hath declared on their part, and do declare that they consent to the suppression of the 11th and 12th articles of the abovementioned treaty; and that their intention is, that these articles be regarded as

having never been comprised in the treaty signed the 6th of February. In faith whereof, &c.

B. FRANKLIN,
ARTHUR LEE,

JOHN ADAMS.

SIR,

To James Lovell, Esq.

Passy, December 2, 1780.

I DULY received your several favors of August the 15th and September 7th, with the resolves of congress, for drawing on me bills extraordinary, to the amount of near three hundred thousand dollars, to keep up the credit of congress, I had already engaged for those drawn on Mr. Laurens; you cannot conceive how much these things perplex and distress me. For the practice of this government, being yearly to apportion the revenue to the several expected services, any after-demands made which the trea sury is not furnished to supply, meet with great difficulty, and are very disagreeable to the ministers. To enable me to look these drafts in the face, I have agreed to a proposal contained in the inclosed letter, to the president of furnishing provisions to the king's forces in America, which proposal I hope will be approved and executed, and that the congress will strictly comply with the assurances you have given me, 'not to draw on me any more without first knowing that they have funds in my hands.

I wrote to you more fully by captain Jones, he sailed some time since in the Ariel, but met with a severe storm, that entirely dismasted him, and obliged him to put back for France. He has been long re-fitting, but will sail again soon, every thing goes well here.

With great esteem, &c..

B. FRANKLIN.

To Samuel Huntington, Esq, President of Congress.
Passy, December 2, 1780.

SIR, THE many mutual advantages that must arise from carrying into execution, the proposition already communicated to congress, of furnishing provisions to the king's forces in America, to be paid for here, have I make no doubt, already induced them to begin that operation. But as the proposition has lately been renewed to me, on occasion of my requesting further aids of money to answer the unexpected drafts upon me, ordered by the resolutions of May and August last, which drafts it is absolutely necessary I should find funds to pay, and as the congress have long desired to have the means of forming funds in Europe, and an easier, cheaper, and safer method cannot possibly be conceived; and as I see by the journals of February, that the several states were to furnish provisions in quantities instead of supplies in money, whereby much will be in the disposition of congress; I flatter myself, that they will not disapprove of my engaging in their behalf, with the minister of the finances here; that they will cause to be delivered for the king's land and sea forces in North America, such provisions as may be wanted from time to time, to the amount of four hundred thousand dollars, value of five livres Tournois, per dollar, the said provisions to be furnished at the current prices for which they might be bought for silver specie. I have constantly done my utmost to support the credit of congress, by procuring wherewith punctually to pay all their drafts, and I have no doubt of their care to support mine in this instance, by fulfilling honorably my engagement, in which case, receipts in due form should be taken of the persons to whom the provisions are delivered in the several states, and those receipts sent to me here.

With great respect, &c.

B. FRANKLIN.

P. S. This value of four hundred thousand dollars, is to be considered as exclusive of any provisions already furnished: but the receipts for those should also be sent me if not paid for there.

To the same.

Passy, December 3, 1780.

SIB, I DULY received the letter your excellency did me the honor of writing to me, the 12th of July past, by Mr. Searle, and have paid the bills drawn on me by order of congress, in favor of the president and council of Pennsylvania, for one thousand pound sterling, which were presented by him. He is at present in Holland.

The news of Mr. Laurens being taken, must have reached you long since. He is confined in the tower, but of late has some more liberty for taking air and exercise than first was allowed him. Certain papers found with him relating to the drafts of a treaty proposed in Holland, have been sent over to the stadtholder, who laid them before their high mightinesses, who communicated them to the government of the city of Amsterdam; which justified the transaction. This has drawn from England, a memorial delivered by sir Joseph York, demanding that the pensionary and magistrates of that city, should be punished; and declaring that the king will resent a refusal of the states to comply with this demand. What answer will be given to this insolent memorial we do not yet know. But I hear it has produced much displeasure in Holland, and it is thought to have occasioned a more prompt accession to the armed neutrality which had before met with obstructions from the English party there.

We have met with a variety of unaccountable delays and difficulties in the affair of shipping the clothing and stores. The Alliance went away without taking her part. The Ariel sailed, but met a storm at sea that dismasted her, and obliged her to return to France. She is nearly again ready to sail. Mr. Ross, with his casgo of clothes in the duke of Leinster, sailed under convoy of the Ariel, but did not return with her, and I hope may get safe to America. The great ship we hired to come to L'Orient, and take in the rest of what we had to send, has been long unexpectedly detained at Bourdeaux. I am afraid the army has suffered for want of

the clothes, but it has been as impossible for me to avoid, as it was to foresee these delays.

The late minister of the marine here, M. de Sartine, is removed, and his place supplied by M. le marquis de Castries. But this change does not affect the general system of the court, which continues favorable to us.

I have received a copy of the resolutions of congress of the 19th of May, and the 9th, 15th, 23d, and 30th of August, directing bills to be drawn on me for near 300,000 dollars. I shall accept the bills, hoping the congress will approve of, and readily comply with the proposition contained in a letter to your excellency accompanying this, dated the 2d instant. Probably an answer may arrive here before many of those bills shall become due, as few of them are yet arrived. If that answer ratifies the agreement I have made, I shall have no difficulty in finding means to pay the rest. If not, I shall scarce be able to bear the reproaches of merchants, that I have misled them to their loss, by my acceptations, which gave a promise of payment, that not being fulfilled, has deranged their affairs, to say nothing of the power I am told the consul's court here has over the persons even of ministers, in cases of bills of exchange. Let me therefore beg your excellency to use your endeavours with congress, that this matter may be immediately attended to.

Mr. Jay, no doubt, has made you acquainted with his difficulties respecting the drafts upon him. I am sorry I cannot extricate him, but I hope he will still find means.

The Mars, an armed ship belonging to the state of Massachusetts, in her way to France, took and sent to New England, a Portuguese ship, bound to Cork, with salt, belonging to some merchant there. The Portuguese captain, who is brought in here, complains heavily of ill usage and plunder, besides taking his vessel, and the ambassador of that nation has communicated to me these complaints, together with all the papers, proving the property of the vessel; representing, at the same time, the good disposition of the queen to our states, and his wishes that nothing might lessen