John Adams' Second Reply to the Dutch Remarks on and Suggested Changes to His Draft Treat of Amity and Commerce
It is agreed between the two contracting Parties that no Clause, Article, matter or Thing, herein contained Shall be taken or understood, contrary or derogatory to the Ninth, Tenth, Seventeenth and twenty Second Articles of the Treaty of Commerce between the United States and the Crown of France, or to prevent the Said United States from Admitting his Catholick Majesty the King of Spain to acceed to the said Treaty in whole or in Part and enjoy the full Benefit of the Said Ninth Tenth, seventeenth and twenty Second Articles.
The absence of any Dutch text accompanying this proposal suggests that JA drafted it, but there is no solid evidence of when he might have done so. One possibility is that he acted after reading Adriaan Van Zeebergh’s 25 July observations on Arts. 22 and 23 (above), but before he learned of the new article proposed by Amsterdam on 9 Aug. (No. II, at note 41, above). Since Amsterdam’s suggestion, which was included in the Dutch proposals for changes presented to JA on 22 Aug., is closer to the text of the article in the final treaty (No. VIII, below) than is JA’s “Substitute,” it would seem to follow that JA drafted it before seeing Amsterdam’s proposal.