prepare a general form, to be proposed to such nations as were disposed
to treat with us. During the negotiations for peace with the British
Commissioner, David Hartley, our Commissioners had proposed, on the
suggestion of Dr. Franklin, to insert an article, exempting from capture
by the public or private armed ships, of either belligerent, when at
war, all merchant vessels and their cargoes, employed merely in
carrying on the commerce between nations. It was refused by England,
and unwisely, in my opinion. For, in the case of a war with us, their
superior commerce places infinitely more at hazard on the ocean, than
ours; and, as hawks abound in proportion to game, so our privateers
would swarm, in proportion to the wealth exposed to their prize, while
theirs would be few, for want of subjects of capture. We inserted
this article in our form, with a provision against the molestation of
fishermen, husbandmen, citizens unarmed, and following their occupations
in unfortified places, for the humane treatment of prisoners of war, the
abolition of contraband of war, which exposes merchant vessels to such
vexatious and ruinous detentions and abuses; and for the principle of
free bottoms, free goods.

In a conference with the Count de Vergennes, it was thought better to
leave to legislative regulation, on both sides, such modifications of
our commercial intercourse, as would voluntarily flow from amicable
dispositions. Without urging, we sounded the ministers of the several
European nations, at the court of Versailles, on their dispositions
towards mutual commerce, and the expediency of encouraging it by the
protection of a treaty. Old Frederic, of Prussia, met us cordially, and
without hesitation, and appointing the Baron de Thulemeyer, his minister
at the Hague, to negotiate with us, we communicated to him our Projet,
which, with little alteration by the King, was soon concluded. Denmark
and Tuscany entered also into negotiations with us. Other powers