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e when, if ever it could be, the course of events had prepared the way for it, and when it shall be considered too, that the first objection arises from a matter which took place since. As to the others, they are of so strange a nature, that they could not have been expected by any one, and which no time can do away. I am under a necessity of closing this letter, without adding anything which may attempt to account for this very unexpected conduct on the part of her Imperial Majesty, otherwise I shall lose the post of the day. I have the honor to be, with much respect, &c. FRANCIS DANA. * * * * * ROBERT R. LIVINGSTON TO FRANCIS DANA. Philadelphia, May 1st, 1783. Sir, An opportunity will offer of writing to you by a frigate in the course of next week, when I shall be able to treat more fully the subject of your letters of December 21st, and January 3d and 15th, which have been duly received, and which are now under the consideration of Congress. This is principally designed to cover the enclosed resolution, directing your return, unless you should have commenced a treaty of commerce. But upon examining your instructions, you will find that the embarrassment you speak of with respect to the money to be paid upon signing the treaty, cannot exist under your present powers. With respect to the Neutral Confederacy, it is a treaty which is now of little consequence to us, and since we were not admitted to it during the war, we ought not to pay for admission upon a peace; besides, that it can no more be considered as a treaty with her Imperial Majesty than it is a treaty with all the other neutral powers, whose Ministers may with equal propriety demand the perquisites you speak of. Therefore, let it be understood, that as the United States, or their servants, are above receiving perquisites or presents, so they have not the presumption to assume such superiority over those with whom they treat as to offer them. With respect to a commercial treaty, none can be signed by you, as your powers only extend to "communicate with her Imperial Majesty's Ministers on the subject of a treaty, &c." but not to sign it; so that you will find no difficulty upon the subject you speak of; if you should, I am persuaded that it is the wish of Congress rather to postpone any treaty
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