To James Perkins, Jr. (unpublished)
Philadelphia 19th. Jan. 1790.
Sir,

I received the Letter you did me the Honor of writing to me respecting the Construction of the 11th. Art. of the Treaty of Commerce between France and the United States. I was indeed one of the Commissioners on the Part of the United States for making that Treaty, but the Commissioners have no Right now to explain the Treaty. Its explanation is to be sought for in its own Words, or in Case it cannot be clearly found there, then by an Application to the contracting Powers.

I certainly conceived that where the Droit D’Aubaine, was relinquish’d in favor of the Citizens of the United States, the relinquishing Clause was meant to extend to all the Dominions of his most Christian Majesty, and I am of Opinion that this would not be denied if an Explanation were requested of the Court of France: and it ought to be done if any Difficulties arise on this Subject in the French Islands, which their Courts do not determine in our Favor. But before our Congress is petitioned to make such Request, I imagine it may be proper to have the Case tried, in some of the French Islands, and the Petition made in Consequence of a Determination against us. I have the honor to be, Sir, Your most obedient and most humble Servant

B. Franklin

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