_Of a Treaty of Amity and Commerce received from Denmark._
Although the simple comparison of the enclosed Counter Project, with the Project proposed by Mr Franklin, evidently proves the attention that has been shown on our part here to the negotiation set on foot, and which, in the main, has been agreed upon as to the principles, which have been adopted for the basis of a treaty, as well as the most essential stipulations, we could not avoid, however, explaining more distinctly certain points of the Counter Project; and the eclaircissements that will be given of them will at the same time prove the amicable intentions, with which it has been endeavored to facilitate the consequences of an affair too important to the welfare of the two nations, not to merit the attention and cares of the powers which govern them.
The second and third articles will regulate the conduct of the reciprocal subjects in the respective States. Taking things as they now are, it is easily perceived that the stipulations of the said articles, although apparently reciprocal, give however superior advantages to the United States. For, according to the system of commerce, which subsists in Denmark and Norway, the most favored nations pay there no greater imposts or other duties than the proper subjects of the State, and the proper subjects of the State enjoy considerable diminutions with respect to unprivileged nations, as well for their vessels as their merchandise. It is evident, therefore, that the subjects of the United States of America being received among the most favored nations in Denmark and Norway, would not only gain by that means a competition with the said most favored, but also a preference over several other nations, even in the neighborhood of Denmark, with whom no treaties of commerce have been concluded, and who, therefore, are still in the number of unprivileged, as to navigation and commerce, in the States of his Danish Majesty.
On the other hand, if the advantages, which would result from these articles, as to the commerce of the subjects of Denmark in the territories of the United States, are considered, the said advantages would be confined to the simple competition with every other foreign nation; but, as there is no nation that we know of, which actually pays in the territories of the United States other or greater duties, than what the privileged or most favored nations are bound to pay, the Danish subjects would not find in the territories of the United States the same preference, which the subjects of the United States would obtain in Denmark and Norway. The preceding considerations are not advanced for the purpose of taking any advantage, but they are pointed out only to show the impartiality and good will, with which we desire to contribute to the mutual connexions of amity and commerce between the two nations, who will, it is to be hoped, more and more unite. As to the periods inserted in these articles, they do not essentially change the stipulations projected by the Minister of the United States; they only add therein some proper determination to prevent every misunderstanding on the subject of the reciprocal liberties and privileges, and to guaranty some rights, which the subjects of his Danish Majesty enjoy with respect to certain countries and colonies, as Iceland, Greenland, Finmarson, Faro, the establishment of Tranquibar, and, in certain respects, the Islands of St Croix, St Thomas, and St John; and if, at any time, it should please the United States to reserve for its own subjects similar rights, with respect to certain places, or certain kinds of merchandise, and to exclude therefrom every foreign nation, the same stipulations shall then suit their intentions. In like manner the same mark of reciprocity has been given to every change, excepting only the last clause of the third article, which has not been susceptible of the same turn, considering the local position of the United States, and which, undoubtedly for the same reason, has been inserted in the treaty of the United States with Holland, in the same manner as it is here in the Counter Project.