I venture to go thus far in treating, on the authority only of a kind of general power, given formerly by a resolution of Congress to Messrs Franklin, Deane, and Lee; but a special commission seems more proper to complete a treaty, and more agreeable to the usual forms of such business.
I am in just the same situation with Denmark; that Court by its Minister here has desired a treaty with us. I have proposed a plan formed on that sent me for Sweden; it has been under consideration some time at Copenhagen, and is expected here this week, so that I may possibly send that also by this conveyance. You will have seen by my letter to the Danish Prime Minister, that I did not forget the affair of the prizes. What I then wrote, produced a verbal offer made me here, of £10,000 sterling, proposed to be given by his Majesty to the captors, if I would accept it as a full discharge of our demand. I could not do this, I said, because it was not more than a fifth part of the estimated value. In answer, I was told that the estimation was probably extravagant, that it would be difficult to come at the knowledge of their true value, and that whatever they might be worth in themselves, they should not be estimated as of such value to us when at Bergen, since the English probably watched them, and might have retaken them in their way to America; at least, they were at the common risk of the seas and enemies, and the insurance was a considerable drawback; that this sum might be considered as so much saved for us by the King's interference; for that if the English claimants had been suffered to carry the cause into the common courts, they must have recovered the prizes by the laws of Denmark; it was added, that the King's honor was concerned, that he sincerely desired our friendship, but he would avoid, by giving this sum in the form of a present to the captors, the appearance of its being exacted from him as the reparation of an injury, when it was really intended rather as a proof of his strong disposition to cultivate a good understanding with us.
I replied, that the value might possibly be exaggerated; but that we did not desire more than should be found just on inquiry, and that it was not difficult to learn from London what sums were insured upon the ships and cargoes, which would be some guide; and that a reasonable abatement might be made for the risk; but that the Congress could not, in justice to their mariners, deprive them of any part that was truly due to those brave men, whatever abatement they might think fit to make (as a mark of their regard for the King's friendship) of the part belonging to the public; that I had, however, no instructions or authority to make any abatement of any kind, and could, therefore, only acquaint Congress with the offer, and the reasons that accompanied it, which I promised to state fully and candidly (as I have now done) and attend their orders, desiring only that it might be observed, we had presented our complaint with decency, that we had charged no fault on the Danish government, but what might arise from inattention or precipitancy, and that we had intimated no resentment, but had waited with patience and respect the King's determination, confiding, that he would follow the equitable disposition of his own breast, by doing us justice as soon as he could do it with conveniency; that the best and wisest Princes sometimes erred, that it belonged to the condition of man, and was, therefore, inevitable, and that the true honor in such cases consisted not in disowning or hiding the error, but in making ample reparation; that, though I could not accept what was offered on the terms proposed, our treaty might go on, and its articles be prepared and considered, and, in the mean time, I hoped his Danish Majesty would reconsider the offer, and make it more adequate to the loss we had sustained. Thus that matter rests; but I hourly expect to hear further, and perhaps may have more to say on it before the ship's departure.