Instructions to, Benjamin Franklin, Silas Deane and Arthur Lee, Commissioners appointed by the Congress of the United States of America.
There is herewith delivered to you a Plan of a Treaty with his most Christian Majesty of France, approved of in Congress on the part of the United States of America.
It is the wish of Congress that the Treaty should be concluded and you are hereby instructed to use every means in your Power for concluding it conformable to the plan you have received.
If you shall find that to be impracticable, you are hereby authorised to relax the demands of the United States, and to enlarge their Offers agreable to the following Directions.
If his most Christian Majesty shall not consent that the subjects, people and Inhabitants of the United States, shall have the Priviledges proposed in the second Article, then the United States ought not to give the Subjects of his most Christian Majesty the Privileges proposed in the first Article; but that the United States shall give to the Subjects of his most Christian Majesty the same Privileges, Liberties and Immunities at least and the like favour in all things which any Foreign Nation the most favoured shall have; provided his most Christian Majesty shall give to the Subjects People and Inhabitants of the United States, the same benefits Privileges and immunities which any the most favoured Foreign Nation now has, uses or enjoys. And in case neither of these Propositions of equal Advantages are agreed to, then the whole of the said Articles are to be rejected rather than obstruct the farther Progress of the Treaty.
The third Article must be insisted on.
The sixth Article ought to be obtained if possible; but should be waved rather than the Treaty should be interrupted by insisting upon it; his most Christian Majesty agreeing nevertheless, to use his Interest and Influence to procure Passes from the States mentioned in this Article for the Vessels of the Subjects and Inhabitants of the United States upon the Mediterranean.
The seventh Article will probably be attended with some Diffuculty. If you find his most Christian Majesty determined not to agree to it, you are impower’d to add to it as follows. That the United States will never be subject or acknowledge allegiance or obedience to the King or Crown or Parliament of Great Britain, nor grant to that Nation any exclusive Trade or any advantages or Priviledges in Trade more than to his most Christian Majesty; neither shall any Treaty for terminating the present War between the King of Great Britain and the United States or any War which may be declared by the King of Great Britain against his most Christian Majesty in consequence of this Treaty take Effect untill the expiration of six Calender Months after the Negotiation for that purposes shall have been duly notified, in the former instance, by the United States to his most Christian Majesty, and in the other instance by his most Christian Majesty to the United States, to the end that both these Parties may be included in the Peace, if they think proper.
The eleventh and twelth Articles are to be waved if you find that the Treaty will be interrupted by insisting on them.
You will press the thirteenth Article but let not the fate of the Treaty depend upon obtaining it.
If his most Christian Majesty should be unwilling to agree to the fifteenth and twenty fifth Articles you are directed to consent that the Goods and effects of Enemies on board the Ships and Vessels of ether Party shall be liable to seizure and confiscation.
The twenty fourth Article is not to be insisted on.
You will solicit the Court of France for an immediate supply of twenty or thirty thousand Muskets and bayonets, and a large supply of Ammunition, and Brass Field Pieces to be sent under convoy by France. The United States engage for the Payment of the Arms, Artillery and Ammunition and to indemnify France for the Expence of the Convoy.
Engage a few good Engineers in the Service of the United states.
It is highly probable that France means not to let the United States sink in the present Contest; but as the Difficulty of obtaining true accounts of our Condition may cause an Opinion to be entertain’d, that we are able to support the War on our own Strength and resources, longer than in fact we can do, it will be proper for you to press for the immediate and explicit declaration of France in our Favour, upon a sugestion that a reunion with Great Britain may be the consequence of a Delay.
Should Spain be disinclined to our Cause from an Apprehension of Danger to her Dominions in South America, you are impowered to give the Strongest Assurances, that that Crown will receive no molestation from the United states in the Possession of those Territories.
You will transmit to us the most speedy and full intelligence of your Progress in this Business and of any other European Transactions that it may import us to know.
You are desired to get the best and earliest information that you possibly can of any negotiations that the Court of London may be carrying on for obtaining Foreign Mercenaries to be sent against these states, the next Campaign; and if any such design is in agitation you will endeavour to prevail with the Court of France to exert its influence in the most effectual manner to prevent the execution of such Designs.
You are desired to obtain as early as possible a publick acknowledgement of the Independancy of these States on the Crown and Parliament of Great Britain by the Court of France.
In conducting this important Business the Congress have the greatest Confidence in your address, Abilities, Vigilance and Attachment to the interests of the United States and wish you every success.
By order of Congress