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Subject Area: Political Theory
Topic: The American Revolution and Constitution

OBSERVATIONS. ( Translation. ) - John Adams, The Works of John Adams, vol. 8 (Letters and State Papers 1782-1799) [1853]

Edition used:

The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 8.

Part of: The Works of John Adams, 10 vols.

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OBSERVATIONS.

(Translation.)

1st. Instead of expressing through the course of the treaty the denomination of the United States of North America, simply the United States of America.

2d. Instead of respective subjects, so far as regards the United States of America, the word citizens.

3d. Article III. In like manner, to the merchandises of America, add productions, manufactures, and merchandises.

4th. Article VII. And no one shall be molested on account of his religion, provided he submit to the public demonstrations enjoined by the laws of the country. On this head a more explicit article is desirable, such as the fourth of the treaty concluded between the United States of America and the Republic of the United Provinces. “Entire and perfect liberty of conscience shall be granted to the subjects and inhabitants of each party and their families, and no one shall be molested on account of his religion, provided he submit, as regards the public demonstrations thereof, to the laws of the country. Liberty shall, moreover, be granted, on the death of the subjects or inhabitants of either party in the territory of the other, to inter them in the usual burial grounds, or in decent or suitable places appointed for the purpose; and the bodies of the interred shall in no wise be molested, and the two contracting powers shall provide, each within its respective jurisdiction, that the respective subjects and inhabitants may hereafter obtain the requisite certificates in case of death, when they may be interested therein.”

5th. Article XV. Until the cargo has been landed in the presence of officers appointed for the purpose, and that the opening has been made.

N. B. Instead of opening, inventory.

6th. The twenty-first article may require some alteration, since it is found to be contradictory to the seventeenth article of the treaty of amity and commerce between his most Christian Majesty and the United States of America, which is expressed as follows: “And, on the contrary, no shelter or refuge shall be given in their ports or harbors to such as shall have made prizes of the subjects of his Majesty or said United States, and if they are forced to enter by distress of weather or the danger of the sea, they shall be obliged to leave it again as soon as possible.” After the declaration of this article, it appears that in case of a war between Prussia and France, it would not be admissible for the United States of America to derogate from antecedent treaties concluded with the most Christian King, in favor of a more recent obligation contracted with his Prussian Majesty.