Of the four treaties before mentioned, either the French or the Prussian might be taken as a model; but it would be useless to propose the Prussian, because we have already supposed that Spain would never consent to those articles which give to each party access to all the dominions of the other; and without this equivalent we would not agree to tie our own hands so materially in war as would be done by the twenty-third article, which renounces the right of fitting out privateers or of capturing merchant vessels. The French treaty, therefore, is proposed as the model. In this, however, the following changes are to be made:
We should be admitted to all the dominions of Spain to which any other foreign nation is or may be admitted.
Article 5, being an exemption from a particular duty in France, will of course be omitted as inapplicable to Spain.
Article 8 to be omitted as unnecessary with Morocco, and inefficacious and little honorable with any of the Barbary powers; but it may furnish occasion to sound Spain on the project of a convention of the powers at war with the Barbary States to keep up by rotation a constant cruise of a given force on their coasts till they shall be compelled to renounce forever and against all nations their predatory practices. Perhaps the infidelities of the Algerines to their treaty of peace with Spain, though the latter does not choose to break openly, may induce her to subsidize us to cruise against them with a given force.
Articles 9 and 10, concerning fisheries, to be omitted as inapplicable.
Article 11. The first paragraph of this article respecting the droit d'aubaine to be omitted, that law being supposed peculiar to France.
Article 17, giving asylum in the ports of either to the armed vessels of the other with the prizes taken from the enemies of that other, must be qualified as it is in the nineteenth article of the Prussian treaty, as the stipulation in the latter part of the article that "no shelter or refuge shall be given in the ports of the one to such as shall have made prize on the subjects of the other of the parties" would forbid us, in case of a war between France and Spain, to give shelter in our ports to prizes made by the latter on the former, while the first part of the article would oblige us to shelter those made by the former on the latter—a very dangerous covenant, and which ought never to be repeated in any other instance.
Article 29. Consuls should be received at all the ports at which the vessels of either party may be received.
Article 30, concerning free ports in Europe and America, free ports in the Spanish possessions in America, and particularly at The Havannah, are more to be desired than expected. It can therefore only be recommended to the best endeavors of the commissioners to obtain them. It will be something to obtain for our vessels, flour, etc., admission to those ports during their pleasure. In like manner, if they could be prevailed on to reestablish our right of cutting logwood in the Bay of Campeachy on the footing on which it stood before the treaty of 1763, it would be desirable and not endanger to us any contest with the English, who by the revolution treaty are restrained to the southeastern parts of Yucatan.
Article 31. The act of ratification on our part may require a twelvemonth from the date of the treaty, as the Senate meets regularly but once a year; and to return it to Madrid for exchange may require four months more.