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TO WHICH ARE ADDEl THE FRENCH ORIGINALS* Published by order of the hous« oF.REPREitNTAi'ivEtk I»HILADELPHIA ! PRINTED BY CHILDS AND SWAlNtf* ., M,DCC,XCUI, . . , V ? JarC^ ^ f. ^^^^^^'i^'^^^^'^ ^ ^ ^^^-^^^^^--^ \ ■"■ ^< I f'fion. ^><^CK><>C<>0<>0<>>C>0<>C><^^ UNITED STATES, December 5th, 1793. Gentlemen of the Senate, and of the House o/'Representatives, jIS the prefent fttuation of the fcveral nations of Europe ^ and efpecially of tkofe •^ nuith nvhicb the United States have important relations^ cannot but render tht Jlate 0/ thi.-jgs between them and us, matter of interejling inquiry to the legijlatiiiref and may indeed give rife to deliberations t to lukich they alone are competent, I ha've thought it my duty to communicate to them^ certain correfpondences, luhick have taken place. The reprefentative and executive bodies of France have manifefied generally, a friendly attachment to this country, have given advantages to our commerce and navigation, and have made overtures for placing thefe advantages on permanent ground J a decree, however, of the National AJembly, fubjefltng veffels laden nuith provijlons to be carried into their ports, and making enemy goods laivful prize in the veffel of a friend, contrary to our treaty, though revoked at one time, as ta the United States, has beenfmce extended to their veffels alfo, as has been recently fluted to us. Reprefentations on the fubjeSi nuill be immediately given in charge t9 cur minijler there, and the refultjhall be communicated to the leg'iflature. It is ivith extreme concern, I have to inform you, that the proceedings of the perfon, vuhom they have unfortunately appointed their minijler plenipotentiary here^ have breathed nothing of the friendly Jpirit of the nation, ivhichfent him j their tendency, on the contrary, has been to involve us in ivar abroad, and difcori and anarchy at home. So far as his a£ls, or thofe of his agents, have threatened our immediate commitment in the ivar, or flagrant infult to the authority of the lavus, their effect has been counter a£ied by the ordinary cognizance of the laivs, and by an exertion of the powers confided to me, Where their danger ivas not imminent, they have been borne with, from fentiments of regard to hts riation ; from afenfe of their frtendfhip toivards us ; from a conviction, that they nvould not fuffer us to remain long expofed to the aSiion of a perfon, ivho has fo little refpeSled our mutual diffofttions ; ana, I will add, from a reliance on thefirmnefs of my felloav citizens in their principles of peace and order. In the mean time, I have refpeSled andpurfued the fiipulations of our treaties, according to '-what I judged their truejhife ; and have ^withheld no aft of friend^ Jhip, which their a^airs have called for, from us, and vuhich jujiice to others, left usj'ree to perform. I have gone further ; rather than employ force for the reflitution of certain veffels, ivhich I deemed the United States bound to rejiore, I thought it more advijable to fatisfy the parties, by avoiuing it to be my opinion, that ifrejii~ tution nvere not made, it -would be incumbent on the United States to make compen- fation. The papers, novu communicated, will jnore particularly apprife you of theje tranfa(hons. The vexations and fpoliation underjlood to have been committed on our veffels and commerce, by the cruifers and officers offome of the belli eerent powers, appeared io require attention. The proofs of thefe, hoivever, nrt having been brought J'or~ nxjard, the defcription oj' citizens, fuppoj'ed to have fuffered, vjere notified, that on furnifhing them to the executive, due meajures would be taken to obtain redrefs of the pnji, and more ejfeSlual proviftons againji the juture. Should fuch documents befurnijhed, proper reprejetUations will be made thereonf ivitb ajuji reliance on m ridrej's proportioned to the exigency of tie caje. ^ ;S "T^^ Britt/h government having undertaken, by orders to the commanders ofthe'w tii'med 'vejfetsy torejlrain, generally, our commerce, in corn and other provijions, :;j their O'ivn ports, atid thofe of their frienis, the infiriidions mixj communicated, '^yere immediately for'-warded to our minijler at that court. In the mean time. Come (iifcujjions on the fubjeff took place bet-ween him and them : Thefe are alfo laid be- ■■ we you, and 1 may expeSi to learn the refult of his fpecial inftru^ions, in time t$ '.ake it kno--wn to the legijlature, during their prefent fejfion. Very early after the arrival of a Britijb minifler here, mutual explanations on the inexecution of the treaty of peace, ivere entered into, vtfith that minijler j thefe irre now laid before you, for your information. On the fubjeds of mutual intereft bet-jueen tlis country and Spain, negociatiom rnd conferences are nonu depending. The public good requiring that the prefent jiate of thefe fhould be made known to the legtflature, in confidence only, thej Jhal i: thefubjeB ofafeparate andfuhfequent communication. 6": fVA S H I N G T If, •'•^.•"t\_u VVfV ■ V >.'"■"' i ».): V Jt \^ *H\i .\,y\ kn of the w provijionsf 'tnunicateJ, • tin2e,fome 'Ifo laid be- in time t$ anatlons oh ijfer; thefe a »■> ••'. \'''' . '.^'A M'i ') ' ' i .-< ,"< ' tVI^ =*»«3 PAPERS &c. .,l;1- . i ,' -# '^-^ < 1 ,■■ V tegoctaUons the frejent ', thejjhal^ J l{, TRANSLATION. .' ■■■w l^'qaiJatlon of tiia Debt of the United States to France. Sir, Philadelphia, May ai, 1795. ad year of the French Republic. The Citizen Genet, Minijler Plenipotentiary of the French Republic, to Mr. JeffhivC'M'J, Secretary of State of ihe United States of America. THE executive counqjl of the French Republic has learnt through my pre- deceflbr, the Citizen Ternant, the readiness with which the government of the United States of America attended to the facilitation of the purchafes which that minilter was charged to make in the United States, on account of the French Republic ; as alfo the acquittal of the draughts of the colonies for v/hich imperious circumftances obliged it to provide. The executive council, fir, has charged me to exprefs to the American government, the acknowltdg- ipent infpired by all the marks of friendjhip which it has given on this fub- jeft to the French nation j and to prove to it the reciprocity of our fentiraents, it has determined to give at once a great raovement to the cr:r,iiierce of France with America, in drawing henceforth from tlie United States tlic gicatelt part of the i'ubfiltence and ftores necelTary for tlie armies, fleets and colonies of th« French Republic. The executive council has entrufted me with the direftion of theie great and ufeful operations, and has given me particular powers comprehenda.1 in the reports, and in the refolutions now encloled, in virtue of which I am authoriled by the council and by the national treafury of i ranee, to employ the fums of which the United States can effeft the payment (towards their debt to France) cr thofe which I can procure on my peribnal draughts, payable by the national treafuiy, in purchafmg provillons, naval (tores, and in fulfilling other parti- cylar fei-vices, confonnably to the orders which have been given to me by the minifter of the interior, of war, o^' the marine, and of foreign aflfairs. The government of the United States is too enlightened, not to perceive the immenfe advantages which will refult from this meafure to the people of America, and I cannot doubt that, knowing the difliculties which different cir- cumftances might oppofe at this moment, to the execution of the prefling commilTions which have been given to me, if it Ihould not facilitate to us ItiU the receipt of new liims by anicipation, it will find in its wildom, and in the reports now enclofed, of the minifter of the public contributions of France, jWeafures proper to atifwer our views, and to fatisiy our wants. C 6 1 It does not belong to me to judge if the Prefident of the United Statei, is In, ▼efted with powers lufficicnt to accede to our recjueft, without the concunence of the legiflative body : but I will permit niyfelt, to obrerve to you, fir, that the laft anticipated payments, which took place, prove it, and that this que- ftion appears equally decided, by the aft of Congrels, which authorii'es the ex- ecutive power r ot to ckoige the order of the reimburiiments of the foreign debt of the United States, unlefs it fhall find therein an evident advantage. Nowt what advantage more I'enlible can we offer to you, than that of difcharging your debt to us with your own produftions, without exporting your cafli, without recurring to operations* — thcburthenlbme operation of bankers ? It is furniftiing you, at the fame time, with the means of paying your debts, and of enriching your citizens j in fliort it is to raiie the value of your productions, and confi;- quently of your lands, in e(labli(hing a neceflary competition between us and a nation which has in a mealure relumetl with a great deal of art and of facrifices, the monopoly of your own produtlions. It is time, fir, that this commercial revolution, which I coniider the completion of your immortal political revolu- tion, fhould accomplifli itlelf in a folid manner ; and France appears to me to be the only power which can operate this incalculable good. Sh,. defires it ar- dently. The wife arrangements of which I have now given ycu an account, ai-e the proof of it. It remains then with your government to fecond the views which are fuggefted to us by our constant friendftiip for our brethren the Americans, and by the defne we hr ve to ftr ?ngthen the bonds which unite us tq them. It wiUbe apleafing duty to me,fir, to conform mylelf in the adminiftration which is confided to me, to thefe fentimtiito of the French nation, for all the United States j and in order that every one of them may participate in the ex- tenfion of our commercial relations, I will take care to diftribute my purcha- fes among the different itates of the Union, as much as the natural produftions of their foil and the nature of their commerce, will pennit. I will negleft no means, moreover, in order that the modes of purchafe prefcribed to me, may enable, not only the American and French merchants, but alfo the land-holders and fanners to take advantage of the benefits which niay refult t'rom our pur-. In chafes. GENET, TRANSLATION. (Copy.) American Debt, I ft Report. /^ITIZEN Genet, Minifter of the French Republic to the United States of ^^ America, has been charged by the provifbry executive council, to iblicit the American government, for the payment of the fums remaining due to France by the faid ftates, though all the terms ftipulated for the reimburfemcnt have not yet expired. The provifory executive council were led to this refolution, J. By the extenfive wants of the Republic, as well in fubfiftence for interior confumption, as for warlike Itores and provifions required for the army by fea and land. a. From the convenience with which a part of thefe ftores and provifions may be purchafed in the different markets of the United States. 3. From the advantage which the Republic would find in making thefe pur- chafes in, and with the monies arifing from the American debt. 4. In fine, from the confideration that the United States might find It conve- nient to anticipate the reimburfements of t'.e monies due to France, when they were to be employed within themfelyes in purchafing tlic productions of their IbiJ. I onsarc rity, cafe t t w I i i [ 3 In cohfeqvience, the Citizen Genet has concerted with the minlftersof the in- terior, of war, of the marine, and of foreign affairs, in order to obtain a ftate- ment of the expenfes of their leveral departments. According to this, the funds to be difpofed of by Citizen Genet, will amount to about feventeen millions of livres tournois, afumnotequal tothewholeof the balance due by the United States to France. But here two queftions arife with Citizen Genet— ift. How to arrange the matter fo as that this fum (hall be properly account- ed for in the national treafury, through which it ought to pafs ? And luppofing, fecondly— That the purchafes of wai'like ftores and provifi- ons areindiipenfable, and ought to be made and expedited to France with cele- rity, the Mmifter Genet defirea to know how the money can be replaced, in cafe the Ama'ican government (hould refufe to anticipate the reimburiements ? Observations.— —ift. On the Confiflency. Suppofmg that the United States fhould conient to anticipate their reimburfe'- menti. j they may do fo, in two ways— By fonantes* or bank notes for the fame term ; Or by fta»-e fecurities on intereft, and reimburfable on a given term. The firft of thefe is accompanied with no difficulty. The Miniftcr Genet Vvill fiimifh his affignmeuts or notes on the treafury of the American govern- ment, for the warlike ftores and provifions, and other preffing want.:;, for expen- fes relative to the fupport of Coni'uls— for extraordinary and fecret purpofes of embaiTy— and for viftualling and refitting veflels. Thefe notes will beftamp- ed by the depai-tment of theminiftiy upon the compatibilily, of whom they will have been fiimiihed ; the American treafuiy will return them into the French treafury, in payment of the debt of the United States; when they will be pafled to the credit of the faid ftates j and to the debit of each department of the mi- niftiy whence they iffiied, or wi^ofe ftamp they bear, as a part of the funis allowed by the National Convention to each, for their expenfes. The method in the fecond place, fhould be the fame, becault; the minifter Ge- net will not accept ftate fecurities of the American government, unlefs he can make ufe of them as ready money, of which he is to affure himfelf before the conclufion of any tranfaaion on either fide. Then the receipts which the Minifter Genet will fumifh the American go- vernment, with the ftamp of the department for which their value fhall havs been employed, fhall have the fame efFeft with regard to this government and the French treafury, as if their value had been paid in fpecie. It might happen that the ftate fecurities which the Minifter Genet fhould re- ceive inftead of ready money, as above mentioned, may lofe fomething of their* value by depreciation, but then this lofs is to be carried to the debit fide of the account, which the Minifter Genet will fuitiifh, of the manner in which they fliall have been employed, for the departments of the interior, of war, of the marine, and of foreign affairs. 2d. Incafe the American go'vernment Jbould not confent to any anticipation in the payment of the debt of the United States to Trance^ There are but two methods to provide for this improbable contingency— if • We can fuppofe that the United States have any intereft in acknowledging the Fiench Republic, and living on friendly terms with her. Even admitting that we could not reckon on the good will of the United States, the fituation of the finances or the exceflivc dearnei's of the metals, in comparifon to notes, not permiting us to export a large fum of dollars to Ajnc- rica, we fhould be obliged to make ufe of drafts on Europe : they muft be ' either on London and Amfterdam, by the help of a credit to be obtained for Citizen Genet, :md of which he muft give informiition ia America^ or upon the nati< onal treafury of France itfeU, • Bills of Exchange^ I t « 1 Th» Englifli government Jiaving determined to make war oh us, tlie ^rlf method cannot and o\ight not to be made ufe of.— It would be not only impol- fible to obtain a credit to the end of our operations^ but it would be attended with great expenle, from tl'.e low ftate of exchange occaConcd by the war. 'I'he only reiburce then remaining, would be to fumith orders on the national trea- fury : but if thcle (hould enjoy the ciedit which they mwlt, thtr-e is reaibn to believe, that the American* would itill prefer thein for afllgnments of the debt of the United States. So that it is very probable, that this means of manag- ing the matter in America, the belt the Republic i* at pre-ent capable of devifmg, is that on which the executive council may with greatelt falety re- ly, unkfs the United States would wilh to render themfelves hnltile towards the Kepublic, which, from '.'very appearance is unlikely to be the cale. But it ii^ proper we (hould provide for every contingency, the omifHon of which might tauie Citizen Genet embarrallrnent j therefore, the minifter of public contribu- tions propoles to the provilory executive council the following DECISION. The national trealury wil! furnifh Citizen Genet with a declaration in writ- ing, authorizing him to employ agreeably to the orders of the minifters of the interior, of war, of the marine, and foreign affairs, the lums he (liall receive from the government of the United States, on account ot the debt due to France, or the complete balance thereof, as well principal as inteielt, in conformity t* the inftruc^ions given to Citizen Genet, on that lubjeft. The national treafury will authorize the Citizen Genet to funiifli or caufe to be furnifhed upon his banker, bills of exchange drawn at two months fight, to the amount or the liims requilite for the pyment of fuWiftence, warlike ftores,' and other expenles) of thofe miniiters. The laid bilU of txthange (liould be employed to make up the laid payments only in cale Citizen Genet (hould not be able to do lb, either in whole or in part, with tht funds arifing from the Aniericaw debt, which he is charged to negociate. And in (ine, in order to induce the United States to make thifc reljftnbufftmcht. In cale they (hould not be able to cffeft it, either in whole or in part, with (pe- cie, the Citizen Gentt is authorized to accept it from the American government in luch (late notes, bearing interelt, as (hall be received at pai-, by the per'ons to whom Citizen Genet may nave payments to make on account ot the ^^tpublic. The orders which Citizen Genet (hall ivani(h on the treafury of the United States, in exchange for fpecie or (late notes, (hall cairy in th.eir laces the declaration of the department for which they (hall have been employed : the Treafurer of the" United States, after difcliarging their air.ount, fhail lend them to the French treafury, where they will be received as fo much ready money, in difcharge of the debt of the United States, and as expenditures in part of the fums alloweit by the National Convention to the three departments defignated in the orders.—-' The bills or exchange on the national treafury, (liall in the lame manner bear the (tamp of the minifterial department, for the expenle of which they have been fumilhed, and (liall be charged by the national trealuiy, on account of the fum allowed by the National Convention to the faid department. The Citizen Genet (hall tranfmit to each miniller proper llatements, fup- ported with vouchers, as well of the ufe made of the funds agreeably to his or- flers, as of the manner in which he Ihall have procured them. In cafe the Citizen Genet (hall have received from the American government, bills or ftate fecurities in reimburl'eitjent of the debt of the United States, which he could not pafti without lome facriiice j the lols, in that cafe; (liall be confi- dered as part of the cxpcnfes of purchal'e, ti anfporiation, or paymentsi coniideii ■ ,sii lUt-n\i-it> rr; i v\ i',v)i \ei;}! t 9 1 ••V •. 4 S*iould the council approvs of tM« c'cclfion, a copy thciecf VmW be Tent to the CitizLii Genet, certitu-d by tliii f-.-crtury or* the tounrll, as v/tli'as t.l»c lul- Milteisof the u^Lirldr, cf war, ot the marin;-, au 1 ot" {'ort-if^a alTalr^. Purit, the zd ''January 1793. — ihi lAjear of the RcjuliL. The prereat vie??ioiri; hna bcth read and :'.ppro\ed in the provlibr/ execu-lve coUiicil, the 4.th ot: jajiuuiy, r79', — in tlie 2d year ot the Riuublic. ■ ' "The Secreiarj of ih: Coumir, r) jlt' 7 - GROUVKLLE. (Si^n'.ed) Le Brun, Mi,-:i(}er for Foniqn Afairrs. . ,, I hereby certily, t'lat the foregoing is a tri^e copy from th? orufmal In my poireifion. — Philadelphia, zzd May, .1793 — 'n tlic iccondyear of the Republic. The Mhiljkr of the French Rrfuhlic, G E N K T. ■je ccuncUf TRANSLATION. Extrr.fi from th rollers of the deiiheratli>is of the prcv^fory excniti'Vi cj' t/Je ^th jimunrj, i793i in thi' fccotid ^'ear of the Republic. n~*HE niinlfter ibr foreign affairs-, havlii^r iniornied that t!ie citizen Genet, •^ appoinied iMinifter picuipottuliary, I'-om the French Republic to uhe Con- grefs ot the United State.; ot America, and that it would Le neceir.iry for th«; council, to decide dtfinitivcly on his lnli:rufHons for the fuliniment of hi» million. The draf*- of the fame was accordlnjyly read— the council in adopting it, e confulates ?.nd vice-coiiliiiates in Amti'ica, has co>i- fidered and relblved on the following, which fliail fcrve as inltruitions; to Citi- zen Genet, for whatever may concern this part of Ills miflion, and of v/!iica aiib a copy iigncd by the rrcfident of the council snd coimrer-figned by the niinilter of the marine, ihall be given him. Here follows the inltruiticn coii" cerning the general affairs of the coni'ulates and vice conilihtes of Nortii- America.* The executive council then took into confiJcri^ticn the p-rticul -r mlaion of Citizen Genet, Minifter pknipotentlary from theJlepu"'ic of France to t!\s Congrefs of the United States, on the iubjecf of ntgociai'on relative to ths reimburlement of the fums due or t!:at may become due of th; dcrbt tlu-j by the Unitetl States to the French Republic. An account was given of the difftrcnt difpofitions and Ucpo already taken for this purpofe. It. was obferved that confidering the utility of applying the product of the rcim- burlemtnts which may he cft'ecf ed through Cor.grels, to the purchaie of w.ir- hke Itorcs and provifons, whicii it may be convenient to the Republic to pro- cure in the different markers of t!ie United States ; tliat the Citizen Gt-ntr, had conccjted on tlils head with the minifters of tlie interior, of war, cf the marine, and of ibreign affairs, in order to determine the mafs of the land*. * This inftruFnoii is de^ofiUd in the office oj the Mi'iifer for fcre'ign af^iirs, and ccrt'ficd cQpj thcrcsf has vcc:: delivered to Citizen (Jenet. (J, 15 [ iO } vlcan irovernment fliould not rcali/e its reimbiirfenients In proportion to tlie purcliales made on account ot the Republic. Whereupon the provifory executive council, after having heard and difcufled the reports and mealiues prefenttxl by the miniftcr of contributions, agree upon the following : ift. The Citizen Genet fhall be authorifed to employ, agreeably to the orders of the minifter of the interior, of war, of the marine and foreign affairs, the iuras wliich rnay be paid to.him on account of the debt due by the United Stales, to Frarice, or the whole reimburferaent thereof. y .^^ ^, , ,. , and. In order to facilitate the!e reiniburfements, the Citizen Genet, in cafe he fliall not be able to obtain them in fpecic, may accept them in fuch Itatc- Jiotes as fhall be remitted to him by the American govtrnmcnt, and received as j'eady money, by the perfons lo whom Citizen Gdnet Ttnay har'C paymclits to make on account of : he Rtfpublic. 3d. The orders which the Citizen Genet fhall fuinifh upon the treafury of the United States, in exchange for their value, fliall indicate the department on account of which they may be drawn. Tiie treafury of the United States flfter difchargiiig thefe orders, fliall tranfmit them to the treafury of the French Republic, where they fliall be confidtied as lb much money, in dilcharge of the debt of the United States, and t>s making a part of the f'umii placed by tiitf National Convention, tothc dil'pofltion of the minifteiial depaitments ueiig- ilateil in the orders. 4th. In cafe the reimburfements of the United States, fliould hot be efFe£leJ in time, or a fum fuificient obtained — tiic Citivxii Cjcnct fliall be authorifed to furnifli on the general banker of the national treafury, l-yills of exchange, at two months iight, to tlie amoimt of the Ivmv.s dircded to be employed by him in the payment of provifions, war- like ilorts and otlier expiiifc^ ordered by the faid minillcrs. Thefe hills of exchange, as well as the orders, fhall be fiamped with th« name of the minilterial departincnt, on account of which tiny (hall liave been furnifhed, in order that the national treafury may debit each, with the Ann expended on its account. ,5th. The Citizen Gent- ♦• fhall fiunidi each minifler with a proper flatement, accompanied with vouchors in Aipport of it, as well oi the application of tlie funds, conformably to his orders, as of tlie manner in which he fhall have ob- tained them. <3th. In cafe the Citizen Genet fliall have received frorti the American go- vernment, bills or ftate fecurities, (hom d'etat) in I'eimburfefpent of tiie debt of the United States, which he could not pafs without fome facrifice, the lofs in that cafe fliall be confidered as part of the expenfes of purchafes, tranfportation or payments confidtil to him. j 7th. A certified extra6\ of this deliberation, fliall be given to The commit- tee of the national treafury, to enable them to concur in expediting the above mentioned airangements ; and in order thereto, to fuinilh die Citizen Genet Vv'ith declaratioiis and poweris fufficient to enfure the fuccels of the important *perations with which he is charged. fvi/tfr. ;.j,;i.,.. ) ^1,,.,. _ Duhlieate conformable to the fegipr, .,'. ,ii.,,V ij.r.iv ,,'./';„..;;/'>' , ;, ' :,(^'S"^^0 Grouvelle, Secretary of the Council. I hereby certify that the afoi'egolng is a true copy from the original in my pofleflion. The Minklerfrom the French Repulflic, to the Umted States of AtKcrica. G E N E T. • Vfvji i ■x, 'i!ii;: .>■/■' Ill r; "I'r.M.! ,f J warcl tvcj- acqul Kiiricl appef a noJ ito t\it ifcufled ee upon. orders irs, the United in cafe ti Itatc- ;evveil as icnts io afiiry oi >artmcnt State* e French hargc of :d by the ts liefig- e efFefleJ orifed to lange, at d by him ed by the e (lamped tliiy fliall ach, with ftatement, ion of the i have ob- :rican [»o- lie debt of the iofs i)i fportatioii e ccmniit- the above zen GenL't important nal in my America, (O "<••■ < ■i t American Debt, id Report 'T^HE '*^ ' "'^ T R A N S L A T I O N. ';■"' --y"-'''"-' '' 1^' • Report of the Mi/.'ijhr of' puiUc ■CDV.t'r':hi*i':ns., en the liquiJiiiinii cfiho Avierkun Debt. the 5 approaching departine of the' Citizen Genet, on his nnhafly to thi -*• United States of America, i-cquirts that the provilbry executive council (hould again take up tiie lubJLv^t of the debt due by the United States to the Republic of France. f Iiavc given information to Citizen Genet of the offers made by Colonel Smith or' New- York, to procure to the Republic ..ot only the reimburllnient of what i-emains due from the United States, although not yot paynblt, but for the applicat;on of it, eithtr for liipplics fcr the aimy, or wheat, flour andlaltcd provillons in augmentation of oui inicrnal fupplics. Colonel Smith has g-one to England, and has kTt no other accounts relative to the operations he piopoled to eater upon j io that all is "reduced to tlie preli- minaries of the ne:^-(>ciaticn. Thefe preliminaries coniift of a letter from the minifter of public contributions of the 7th of November lall to Coioiul Smith, a^ter having been referred to thi executive council. It contains, ilL An e::t;-a61: from the regiifers of the council, approving the offers of Colonel Smith. " ad. The account current of the United States with the French Republic, and that of the intt.reil of the ill of January lext. 3d. Statement of the lofs which the national treafury would fuftain on the re- iniburfenieiils vv/hich it has received from the Uiiited Siiitt-s of America, if thty are not held accountable for the diiftrence between the aliignats which it re- ceived ;md the fpccie. ' ■ .' 4th. An approbation of the redu*5lion to f^erliug money of the fum due to the French Republic at the rate of 21s. or 1 guinea for 25 livres, loi'bus, Frencli money,as Colonel Sraith'was to obtain it, which fum, confuting of the capital due, or the in^erciv up to the ill of January next, and the lois on payments already made," was to be paid at iAJiiJon. 5. The approb:irion 01 tlie price, and condiiions on w'lich CoJonrl Smitlx rffeied to furnifli firelocks, deiivcrable at Duukiik, iigivcably to .amnles to be lent thoe l)y him. I have tnmfmitted a copy of all thefe p;iyen', to Citl2en Contl, to whom tlie accounts will prove I'-lHul in negbciatiuj.';' llu- nimljuritnunt of the (lei)i: of the United States, and the funis ariiing troni die rtiiaburien.ent for tiie necillities of the 'Republic. i „ ... , r >. .;ir.-, .«;•■, ^'.i.j ^ ...^ Th. Citizen Genet will obft-rve'that the ;imount wlH havi^becn drniliiifVied oil liis arrival in the United States, if wc calcvfite tiie udv.iiicts made by thi' fVdiV;il treafury, on thertquilition oi Citi/eu Ternaiif. tolatisty th;* demaf.tis of cafli and jirovifions made at Philadeiphin, by the :\iiuiniftralor.; of the French iiar;. of St. J)omingo ; advances which ihe federal truiiiuy will oico'irfe count as io ni^cU of the balance due by the Uni':ed States to the Republic of France.' " '', "''"^ 'Idle Citizen Genet afterwards requelled-inllruclions as well with i*efpeft' 'fo tlie (onditioiiB on which he fliould accept the renr.lnaiunent he hoj)es to obtain from the American government, as to the employment of the iiims which fiiall be deliveied to aim. ■-' ^^ ^'" O B S E R V A T I O N S. ' '' :■ ' ^^' ' « ' "'•'■' "' »■ There can be n> doubt but that the American g(^vernment will be liberal to- wrada France, and not ixap ;t benefit fioai acpiitiing if :eii with afl"!e;nats. Jlow- evei' as a p:irt ot the debt yet unpaid, is not become due, and a law'jri.uive to the acquitment of this debt piel'cribes to the executive power of America, not to Kuncipute ;my payment unlefs upon r.iUvaiili.'^ccus te- nis tor th.e United St;ites; it appears that this cu^ht to laciullilkd previous to the executive'* witeriiK-^iiita a negociation. [ iz 3 This Is at Itaft tlic refult of n letter written l-y Jccrefr.ry Fr.milton en the jtk of March laft, to the Citizch Ttrnunt. lit olvcrvcs to that Anil^nirador that the fums lent hy France, weiebonowai m Ilollr.nd ; that Itx months tiapfed between the tiniC of obtaining the money al- /imiierdam, ana iiS itcript at (he trtafury in Ameii':a; and that '.;ia u:terclt paid d'.irin;;jj that tenirv/;is ndc-ad loi's. But this lols can have no relation toFror.cc. 'l'\w iiitciLJt is due lo her, frciii the moment oi t'le payment, and payment vas made tlie initant tiial tin: money was lodged at. Annierdam to tjie dilpoial of tlie Amtricr...s. "; i-' Ttiis objeft does not appear tlicn to give rii'e to tmy conipenratiof), and with- cut doubt the AmiTican treairuy will thin!: i. pvnpfr to hold to tlie :-:'ivn)*nge tli? law requires for authorizing tlie anticipation of the payments, which the United States arc obliged to make to France. 'I'hc law does not fpeciiy tliis advantage. What ftould It l)er The employment of the money on account of the Frerch Kepu^lic v/It!nn the United Sratfs, is a '■•eiy great advantage for them, and this einployir.: nt ariies fiora circimitt?nce? which probably ^^■ouId no Icnt^cr exilt, jf tiie Air^eiican trtaliiry Ihoulci jcfuie to anticipate reimburiunents. 'The advantage here is real ; it confilts not only in a confulerable exportation of Anierican produce, wb.ich wiii I»e j^aid lor with tJ:ole anticipated rt-iniburfementsj but aho in tiie ai r:aigerr.ents which the Ame- rican government may take by means of fiat« noies; ricgotiable in America itielf. — Aarangemenls Vv^iiicli would relieve her trom ail financial opera*-!oiis in Furore, for the purpofe of acquitting themieivc¥ even iiiFraiice, whuv the United Gt;ui;< are obliged to make piyment. And the empicyment of thofe fums in Amciica, (hie to tl.e Frenrh "epuhlic, fo convenient to the United States in the prclcnt circumltances, wouitl iuit tlie convenience of the Republic. The minifter for ioreign affairs ha« alj-:ady ordered a piuxhafe c!' grain, f!o\:r. and faked provifions to the value of 3,000,000 livres en account ot the Ame- rican debt, and this purchafe could not be paid for nioie auvantagecuily than jm this manner. It would be convenient to the Repnbllc to give fpr In,- cominilTtons for gi-ain, even to the amount of the balance due by the United States 5 nor could this be blamable, as every circumltance concurs in inviting the provilbiy executive council to provide tlie Republic with large fupplies of provifions, and promptly, and whether in rcfpett to the market or the payment, nothing could at this moment be more beneficial to America, and i\o money obtained eafier than that with which the United States .could pay us. The iiim to be difpofed of, will rot perliaps prore fo confiderable as were t# be wiflial, ccnfidering the wants of the French colonies, which undoubtedly will have occafioned )kw demands to be made at Philadelphia, fmce thoie ac- <3u"tted l^y the Citiyxn Ternajit, of the monlf J remitted to him by the federal treaiury, as is ftated in his letter of the 9th of March. It remains to Ipeak of the conditions on which the American government ^VGuld exonerate itieif towards the Republic ; — thofe propoied by Secretary Ha- mil'ton^in his letter of the asdof June, 1792, to the Miniiter I'lenipotentiary of I' ranee. „ He reminds us that It has already been agreed, betv^-ecn the French government and the United States, warlike ftores (mu.itioiis) lurninicd, rnd the payments made and to be made in the United Statej;, on account of the debt due to Fj;ince, fliould be liquidated agreeably to the intnnfic value of the metals in the two countries. This agreement is the moll- equitable that could pcfTihly be enteietl into, when v confider that Frar.ce fliould be paid at her own treauuy, agreeably to the above niethoel of calculation, thecxpenieof traniportation of the metals iiom Ameri- ca to France, and the infuranee. But by anticipation oi ieimburcmai., this >«"/////>«,'/!;//, would be abandcncd. • '■•'■-' ' ' rnent iU])pl r our rt chanc iivr> and jcana< T gover tween Ar •^ 4 I 1 1 the 7 til ii'tor that tlupJed If ;it (he It-ad loi's. icr, frciii It: nionty r.tl witli- >*ngetli? lit- United picyr.ient ntf:-, is li mUtpnccs i]d ixhii'e not or,!y lor with the Amo- ira itielf. 1 pAiroj e, :ed Gtavc^ i iuit the nin, FiOMVf tiie Ame- ly than 111 for pain, Id this he executive promptly, d at this than that 18 were t» idoiibttdly ; thoie ac- :he tl'derai avcrnnicnt vtary Hu- pottntiary ovfrnmcnt payments lit due to tlie metals into, wliai :) the above im Anuri- Yxiv, this la confequer.'.e of this conv<=ntion, Secretary Hamilton fixH thr quantity of pure gold aa.l pure fdver contaii.fid in a Louis and I'rench crown : he compare* tliem with the quantity of tb.e iai.ne matters contained agreeably to law in a dol- lar J and concludes (errors in information or calculation cxcepa-d) that a French livre is equal to eig'iieen 15-1 QO a',;/j of money, equal to thehundretith part of a dollar. It is upon this principle he prcpofts 'to convert our French livrcs into the dol- lars, which will be delivered in tne United States to the Piench agents autho- rized to tranfaft thii bufinefs. I think this reduftion ItiU more advantageous to the Republic, than the pro- mifemadeby Colonel Smith, in cafe we ihould obtain anticipated rcimburfe- mcnts. Be it as it may, wc cannot refule it j and doul)tlefs Secretary Hamilton takes for granted, that all the articles of the account current, between the French Jlepublic an;l the United States, will be turned into dollars rgra'ably to this flandard. This account is in the poflt-filon of Citizen G«ne: — it is nccelTaiy only to make it out in two columns on the debit and credit f:des — to wit — an in- ns:'r column for the French livres, and an cuter column tor the American dollars. The account of interell Ihouid be made iw/^oK? //!'.v — fixing an epoch polte- rior to the ill of January, 1793, for clo^ng the fame, alter the rurival of Citi- ven Genet, which cannot be ib early as that date. 'I'hus the account current, of which he is the heai'er, will ftrvc lilm only as a note fixing theda'^-s and funis by wliic!: another account ol ca}))(al and iniereit may be made cut, and the converhcn of e:'.ch article therein, iuLu doilurs, w'.II do away the i\ecefiity ot an account of lolfes by exchange. I'lie ri-imbui ii.mentg made end not ccmprifed in this account are to be added to it. This brings me to the obfervations which I was induced to nK;kc in rf j.-ly to thoie of Citizen Genet, relative to the liquidation and rcimbur hr.cnt ot tht American debt, and therefore propofe to the council, tli£ loilowlng • , .. DECISION. ' ' * ■" That the Citizen Genet, Minifter Plenipotentiary of the Republic to the United States of America, be charged by the proviibry executive cmiicii, to /blicit from the American government the reimburfemcnt of the balance remain- ing due, capital and interelt, by the United States to the Fiench RejiubJic, That lie aliign as a rsafon tor this, the {ueiTing neceHitus of the Rvpuljlic, «ccupied in the deft nee of its liberty and independence, c^ the United States de- fen .led theirs w!:en tills fum was Isnt to them. Tint, as a law of the United States authorifes the federal goverrm^nt to make thele reimburl'ements by anticipation only, in cai'ccf an ad\antr,j;;y lefiilt- ing to the United States, by lb doing, the Citizen Genetjpromiie to the govern- ment, that the whole fum delivered to him, fliail be cm)/ioyed in the puicl.aie of lupplies tbo growth of the United States, purchafed and paid for wirhir. the Ihme, That, as the United States wlfli to leiinburle what tliey owe to TiMnce, with-, out reaping advantage therefrom in any manner, from tne prekut i'tiite cf ex- change, the Citizen Genet be authorized to confent to a converiion of Frcack iivres into dollars, upon tlic rule fixed upon, viz — the (^uanti'.y cf pure gord and jMire fiver, contained in a Louis, and in a French crowri, and in the Afutri- jcan uo liars, agreeably to the laws of both countries, fixing the vah:eoi thofc coins. That the Citizen Genet employ the funis he fnall receive iiom the America* govermnent, agreeably to the dilpofitions for that purpoll' made in concert be- tween the miiidiers ol war, of the maiine, and of fore-gn ai.airs. And that certified copies of this report, of theobftiVati.'rs, ana of tiia dcci- ^n, (hall be ti-anlhiittcd to the Citizen Genet, for his iMhnit?acns. Kead and approved, in the provifory executive council at Paris, thc4.thof January, 1793 — in tht ad year of the French Repuluic. M .N G E, Ptr/Jent, Lk B R U N, Miniprfcr Fowsn Affiiirs, T NatlonalTreaiury. 1 . TRANSLATION. Cof>y of a letter 'zvritii-n by thi C.ovimi(fn ners of the Nutioncil 7 reafurj, to the Prefideat of the FrO-vifo y Executi^jc CoiuidU CmzEN President, "tltT" E have received the extract which the provifory executive coimcil have ad- •* dreffed to us of their deliberation of the 4th of the prefent month, hy which the Citizen Genet, nunifter from the Republic to the United States cf America, is authorized to make ufe of the lums which the Congrels may be able to pay of the debt due by the United States to France, or thole which he may procure on his own notes, payable by the cafhier of the National Trealiir}-, in purcbafing provllions and warlike ftores agreeably to the orders which fliail be given him by the minillers of the interior, of war, of the marine, and of ib- reign affairs. To concur as far as is in our power, and according to the intentions of the executive coimcil, in forwarding the meaiures pointed out in the deliberation, we have the honor to aflure ycu, Citizen Prefidtnt, that whatever fum fliall bs fent to us in the iiame of Congrels, of the adjuittaucvs or onlcrs furniflicd by the Citizen Genet, to the treaiiirer of the United States, and imlicating the de- partment of the French miniftry, for which he fliall have iffued them, we (ha'J immediately advife the executive council thereof, in order that we may f>e en- abled to credit the American Congrels, on account of their debt, for their amount. Should the relmburfements which Congrefs may make, prove inlufficient to anfwer the different purpoies required I)y the minilUrs of thg Republic, an^l Citizen Genet, to fulfil his.iniluon, be obllgaf to recur to his own notes p:;ya- ble at two months fight, upon Citizen Doyer, general cafliier of the Nationi>l treafiuy, we (hall exanjjne when prefented, and immediately refer them to the minlfter, to whofe department they fhall relate, in order that in the inteiTal be- tween their ex:miination and lime of payment, the miniffcis may have the pro- per and regular authorities expedited to authuilze the payment. As our mnftions are unconne(5led in a direft manner with the minifters fent by the Republic to the different governments, we conceive that this letter an- fwers the intentions manifeltcd by the executive council in article 7, of tlieir cieiiberations, that v.e fliould concur in the difpofitions contained therein. Aii,- thenticated copies of this letter, expedited in ih;; name of the executive council to the minilter Genet, will give him f'ufHcient alVurances, for his million. Ci- tizen Prefident, of all the facility which can be derived from our concurrencj^. VVe are with relpeft, &c. ., .. ^. • (Signed) By the CommiJJloners of the National Treafitryf Li^RMiNA, Gaudin, Devaine, De Li» Fontaine, Savelete f. et Dutramblay. Paris, 8 yanuary, 1793, zJyearofthe French Republic. WE the underligned niiniiters and meml)ers of the prcvifonf executive couHr cil of the French Republic, certify that the above are the fignaturts of the commlHioners of the national treajury of the repvfl)lic, and that the letter under which they ai'e figncd, was written m confequcnce of the miilion given by us to Citizen Genet, Minilfcr Plenipotentiary from the Republic to the Congrefs of the United States, to erjdeavor the reimburlement of the debt due fi\yin the United States to France, and the purchafe of provifions in the feveral market* ef North America. lione in Ihe Provifory Executive Council at Paris, the i7tli of Januaiy, 1 793, in the 2d year of the French Rep\iblic. The members compcfmg the PrO'Vtfory Exeattlve Council, (Signed) Clavii-re, le Brun, Pache, Roland, Mongk, Garat. 1 hereby certify, that the aforegoing is a true copy from the original in my polfcflion. The Minijhr Plcmpolatllary frcvi tic French Republic , to the Wnltiii Ijtiitcs of America. (Copy) GENET. TXv Citi S ' QlNoi »^ rifini ons imp andwhii mea'iis, than the time wh neutral 1; of your ! friend, t flie is p) The itiin liter; grcls of cvlft no: to them Planted has invi t heir vef ;f Tcur ;;■() '; ci'aipait ' cunimer( . founded I am MCL!;oclat - the brill I Decrei ■\ of the ^ 'Vflfeh ^; 'pHE gen Art. United J I Art. 'out or ei ' by Freni ;; Art. •that the , • the adva Art. , ■ States, t 'tics grar •epr.'nt t .. Art. )v.;nels 1; (.any port I [ 15 ] the TRANSLATION. AVA.w. ' .^. i' .^. Philadelphia, May_a3Q, 1793. 2(1 year of 'the Republic. Tl-^e Citizen Gene:, Minifltr plenlpot^tiary, of the French Rcpubtic, to Mr. Jef- Si R, ferfon. Secretary of Ji ate for the United States. ■>; f{ :i qINGLE, againft innumerable hordes of tyrants and flavcs, who menace her •^ rifing liberty, the French nation would have a right to leclaim the obligati- 0:1s impofed on the United States, by the treaties flje has contrafted with them', and which flie has cemented with her blood j but ftioi'ig in tlic greatnels of her ineaMs, and of the power of her principles not lefs raloiibtable to her enemies, than the victorious arm which flie oppol'cs to their rage, (lie comes, in the very time when the emilTaries of our common enemies are making ulelefs efforts to neutralize the gratitude, — to damp the zeal, — to weaken or cloud the view of of your fello\V-citizens ;— (he comes, I fay, — that geneious nition ; — that faithful friend, to labour Rill to increafe the proJj,erityjaftd add t© the h^ppinefs which (lie is pliafed to fee them enjoy. Tlie obftacles raifed with intentions hoflile to liberty, by the perfidious TfilnilKTS of defpotifm; — the obftacles whofe objefl was to flop the rapid prq- gre.'s of the commerce of the Americans, and tlie exteniioh of their principles j cvift no more. The French Republic, iceing in them but brothers, has opened to them by the decrees now enclofed, ail her ports in the two worlds; — has granted tbeniall the favors which lier own citizens enjoy in her vaft pofTeffions j— • has invited them to participate the benefits of her navigation, in granting to' their vellMs the liime rights as to her own j — and has charged me to propole to your government, to eitablilh in a tine family compaCl, tlial is in a national civ,upai"t, the liberal and fraternal bafis, on wliich fhe wilhes to fee raifed the couiinercial and political fyftem of two people, all whole interefts are con- founded. 1 am inverted, fir, with the powers nccefTary to undertake this Important wegociatiou of which the fad annals of humanity, offer no example before the brilliant aera at length opening on it. GENE T. 1 TRANSLATION.? Decree of tbe National Convention, ofi()thFebrtimy, 1793, idYear of the French Republic, relative to produce exported and iitiprtcd in American 'Vfjfels, to the Colonies or to France. 'T^HE National Convention, after having heard the report of the committee of general defence — Decrees as follows : Art. I . That all the ports of the French Colonies be open to vefTels of the United States of America. Art. 2. That all produce exported or imported in American veflels on going out or entering in the Colonies or ih France, pay the fame duties as that borne by French veflels. Art. 3. That the executive council be authorized to take proper nieafures that the flares witji whom the Republic arc at war, do not reap any benefit from the advantages gianted to friendly powers. Art. 4. That the executive power, negociate with the Congrcfs of the United States, to obtain in favour of the French mcrclrants, a like reduftion of the du- ties granted by the prefent law to American merchants, and thereby more c'lofely tejnjnt the benevolent ties which unite the tv/o nations. Art. 5. That the law of the 20th of Auguil, 1790, be fufnended ; and that ffeis laden with merchandize of the Eaft-Indics, nr.-.y be at hberty to land in jHfty port of thg Republic, during the war } antl that thofe which fliall be laden C i6 ] with.thcpreduftioin of the Ifie of France, and of BourboDi fliall henceforward enjoy the fame mlvlkge. The Nation;'! Convention ha** fufpentled *,'ie law of the »5th of May, 179X. ivhich inhibited the Americans from introdticmg, fellin},^ and arminj!; their veflels in France, and from enjoying all the advan::.gcs allowed to tho;e built in tlie flup-yards of. the Republic. Certified to be conibnnable to the decree of the National Convention of France. ,,.-.,. „ ' ,' >• '_ 'The MiKiJler PUnij,oUntiarj ^,-V. GENET. ..f ■ '-''J .: 1 ! » Philadelphia, May nth, 179J. Mr. Jeferfon, Saretary of State, to M. Ttrnant, Miuijitr rUni^otcutiarj of * — _— .•— ^— -■* ^j .' tfilHCet . i :^.-' . .r->( . ti , ,■• ^ ■ rAVING recdve.l fcver^l meraorla.ls from the Eritifli mlnlRer, on fuhjeftf •■• arifing out of the preient war, I take the liberty of enciofmg tlitm to you, and Ihali add an explanation of the detinninationi of the govtinment thereon.' Thele wiU ferve to vindicate the principles on which it is meant to proceed, and which are to be appUeJ with iinpartiaiity to the proctedingii of both parties. They will form, tiitrefore, as iar as they go, a rule of ail ion for them and for u»._,. In one of thef^^ memcrlals it is ftated, that arms and military accoirtrements ai'C now buying up by a Freiicli agent in this country, with an intent to export them to lYance. We have aniwtr'"d that our citizens have always been ire? to make, vend an 1 export arms : that it is the conltant occupation and liveiiliood of ibme of their. To fupprefs their callings, the only means perhaps of their fubfiftance, btcauit: a war exilts in foreign and diftant countrii:s, in which we have no concern, would fcarcely be expet^ed. It would be hard in principle and impoffible in prai^ice. The law of nations, therefore, i\Jpefting the rights of thole at peace, hss net required from them fuch an internal derangement in their occupations. It is fatisfied with the external penalty pronounced in the Prefident's proclamation, that of confifcation of liich portion of thefe arms a» (hall fall into the hands of any of the belligerent powers, on their way to the ports of their enemies. To this penalty our citizens aic warned that they will be abandoned, and that the purchafes of arms here, may work no inequality between the parties at war, the liberty to make them will be enjoyed equally* by both./ AnotKer of thefe memorials, complains that the ccnful of France, at Charlcfton, has condemned as legal prize, a Britifli vcITel captured by a French frigate, obferving that this judicial a6l is not warranted by the uiuagc cf na- tions, nor by the ftipulations exilting between the United States and France. It is true that it is not io warranted, nor yet by any law of the land, and that therefore it is a mere nullity, can be rel'perted in no court 5 make no part in the title to the velfel, nor givt; to ihe purchaser any other fccurity than what he would have had without it ; that conliequently it pughi to give no ccnc;crn t9 any perfon interefted in the fate of the veffel. While we have conhdered this to be the proper anfv/er, as betwten us and Great-Britain ; betweep. r.-j and France, it is an aft to whicli we cannot but l)e attentive. An alluir.ptic.i of jurifiiiftion by an officer of a foreign power, in cafes which have not been pcr- mited by the nation within whole^ limits it has been exerci fed, could ;.ot be deemed an aft of indifference. W« hlw not full e^'idence that the cafe has happened i but on fuch an hypotkris, while ^ve fli-j'jl'i be difpofcd to vic\Til:' eforward iv veflel* It in tiie ntion of Uic. E T. 1793- aiticrj of n to you, t thereon. )ceed, and I parties. :hem and iitrcmentif to export ten ire? to livelihood )3 ot their which we nciple and ; rights of Terrient in iced in the e arms a» vay to the t they will inequality 3d equally* Vance, at r a French 2:c cf na- lid Fiance. >, and that lo part in m wiiat he ronccrn to dered this ecp. r.'j an;l ir.ptica Of" : been pcr- jld :.ot be le cafe has to view iL r t7 j ii thU inltanee, \% all frror in judgrf.ent in the particular officer, wr fticukli rely, lir, that you would interpoi'e ethcacloufly to prevent a repetition of tho" error by him, or any other of the ccnfuU of yciir nation. Our infonnatioii is not perieft on the* lubjtct-matter of another of theft ricmoriaU, which itolts that a veflci has been ficteil out at Charltfton, ma:,ne;i t'.Kre, and partly too with citizens of the United States, received a comniifriou there to cruize againlt nations r.t pence with us, and has taken and fent a Britifh vtllel inLo this port. Without tcking all thefe fails for granted, wc have ndt hefitated toexprel's our highell diiapprobation of the ccnth.ft of E^ny of cur Citizens, who may perfcnally tngnge in ccmniitting hcftilities ut ica, againlt uny of the nations, pr.rties to the prelent war ; to declare that if the ca'e hr.s h:'.p- penedjor that fhculd it happen, we will exeit all the means with which the law^ "and ccnltitution have armed ui, to dilcover fuch offenders and bring them to con- dign punifhment. And that the like conduct fliall be obJt.v:.', fr-cu'd theliicc enterprizes be attempted againlt your nation, I am authoriied to give you the mcft imreiei-ved aflurances. Oui trlendfliip for rdl the parties at war j our dcTire to purlue oun'tlves the path oc peace, as the only one leading furely t9 profperiiy. men and vefiels within our 'crrltory, and v^ithout tonient or coni'ultation on our part, to wage war on nations with which we are In peace ; are ads, wnicU we will not gratuitoufly impute to the public autho'-ity of France : they are ftated indeed with pofitiveneiy in one of the memorials, but cur unwilUngnel*, to believe that tho French nation could be wanting in refpevil or fricndihip to us, on any ocadon, fufpend^ our ulTent to, and concluCons upon thefe Itatementi, till further evidence. /O.liers is ftiU a furtlitr point in this memorial, to whicli no aniwer has yet been gl/en. The capture of the BritKh fhip Grange, by the French frigate, I'Embufcade, within the Delaware, has In-en the iubjt6l of a lormer lettei- to you. On fuii wid mature cortfidcraticn, tl.e governiiunt deems the capture to have been un- queftionably within its jurifdi^iion, and that according to the njles of neutrali- ty, and the protection it owes to all perfons while within its luuits, it is bound to fee that tlw crev/ be libt rated, and the veflTtl and cargo reitored to their fonner owners. The Attomey-Genei'ai of the United States, has made a Itatement of the grounds of thiii determination, a copy of which I have the honor to cnclole you, I am in ccnfequfnce charged by the Prefident of tlie United States, to cxprefs to you his expe«5latlon, and at ihe fame time, his confidence that you will be pleafed to take immediate and effectual meafures for having the fliip Grang* and lur caigo, reitored to the Britifli owners, and the perfons taken on boai'd hei-, fet at liberty, I am perfuaded, fir, you will be fenfible ort mature confideration, that in forming thefe determinations, the government of tlxe United Staies, has liilenetl to nothing but the diftates of immutable jultice ; they confider the rlgorcu* esercilcot that virtue, as the furelt mpan* of .preiei-ving perttit harmony btv, tTireen the UniU'd ^latoft and the powers at war. I h^ve the honor to be, , ^-rvrt -a-h o; »Iji j •f'^r- • t.. J !:;^a ■■ •! , With fentlnients of great refpeft,, tn w v Sir, ^ ;yj T.'f .; . ..J . Yourmoft obedient and -ijij W- >'t V- . mcft humble ferv ant, , V „:;. . Th: JEFJ^-ERSON^ ->;• ' t'-:^u -• v.. . '-^w "l* • ■■ -:., P:i . '.JS^'^i'^ [ i8 ] , , • ^iie Atitroey-Centyel ef the Unittil Slates, las lie honor of fuhmttllng io tlf Seertiart ■"*"""""*' if fate y tit opinion concerning the fcizure of tki' Jbip Grange. >. ,, ' THE ESSENTIAL FACTS ARE, T-!. ': .-,. . ...;' ''■ /.'', '" ' ' • "'■''■ HAT the river Delaware takes its rife within the limits of the tJnlted States. Tluit in the whole of its defcent to the Atlantic Ocean, it is covered on cack fide by the territory of the Unitcri States : '1 hut from tiuc-watcr, to the didancc of about fixty miles from the Atlantic Occ:in, it is called the ri-ucr Delaware : That at this diitance from the lea, it widens and affumes the name of the Bay ©f De'aware, v%hlch it retains to the mouth : That its mouth is formed by tlie capes Kcnlopen and May ; the former belong- to the flate of Delaware in property and jurilUi>iIicn ; the latter to the ftate of New-Jcrfey. That the Delaware does not lead from the fca to the dominions of any foreign nation : " That frcin the cftablUhment of the Britilb provinces on the banhs of the De- laware to the American revolution, it was deemed the peculiar navigation of the UritHh empire : '1 hat by the trc.'ty of Paris on the 3d day of September, 178J, his Britannic Majelly rcllnquiihcd, with the privity of France, the fovereignty of thofe pro- vinces, as wtil as of the other provinces amd colonies: And th-at the Grange was arrelred ir. the Delaware, ivithln the cap^s, before flic had reached the i"..a, ui'ter her departure from the port of Philadelphia/ It is a principle, lirm in rcafon, fupported by the civilians, and tacitly approved in the document, traiulnitted by the French minifter, that to attack an enemy in a neutral territory is abfoluttly unlawful. / Hence the inquiry is reduced to this finiple form, whether the place of feizurc was in the territory of the United States? Fr^m a qucilion originatinn; under the foregoing circuniftances, Is obvicufly and properly excluded, every conlidcration of a dominion over they^a. The folidity .iUtr, th.t is, the lldcs, is {hut up in our banks, and that the river, in rtfjieCl of our Liiul, i» itir If fjiiull ii:;d infig- nificant" Grot. b. 2. c. 3. f. 7, and Earbegrcj, in his note fubjoins, that telthcr «f thofc U necefTary. " Rivers may be the property of vhole ftates." PufF. b. 3. c. 3. f. 4, > '< "^ " To render a thing, capable of being appropriated, it is not fl;ridly neiclTary, that we fhould inclofc it, or be able to indole it within artificial bounds, or liich as are different from its own fubftance ; it is fufficient if the comp;d's and exti'ut of it can he any way determined. And therefore Grotius hath given liimft:lf a needlefs trouble, when, to prove rivers, capable of property, he ufetli this argu- ment, that although they are bounded by the land at neither end, but united to the other rivcici or the feu? yet it is enough, that the greater part of them, that is, their fides, are enclofed. PufF. b. 4. c. 5. f. 3. " When a nation takes pofleffion of a country in order to fettle there, it pof- fcffes every thing included in it, as lands, lakes, rivers," &c. Vattel, b. i. c. 22. f. a66. To this lift might be added Bynkerfliock and Selden. But the differtation of the former, de dominio maris, caiinct be quoted with advantage in detachment ; and the authority of the latter on tlis head may, in the judgment of fome, i)artak2 too much of afleiflion for the hypothcfis of mare claul'um. As tit-lden, however, finks in influence on this queftion ; fo muft Grotius rife, who contended for tie mare liberum; and his accurate commentator, R •.therfovth, confirms his principle.* in the following palTage, " A nation, by fettling upon any traftof land, which at the time of fuch ibttlement had no other ownci, acquires, in refpeifl of all other nations, an exclufive right of full or abfolute property, not only in the land, but in the v.aters likewife, that are included within the bnd, fuch as rivers, pools, creeks or bays. The abfolute property of a njition, in what it has thus feizcd upon, is its right of territory, % Ruth. b. z. c. 9. f. 6. CcngrciS t&o have a6led on thcfe ideas, when, in their collcdion-laws, they afcribc to a ftate the rivers, wholly within th'at ftate.y*^ It would feem, however, that the fppt of feizure-fs attempted to be withdrawn from the protedlion of thcfe refpedlable authorities, as being in the Buy of Dela- ware, iiiftead of the Riicr Delaware. Who can ferioufly doubt the identity of the River and Eay of Delaware ? How aften are -different portions of the fame ftream denominated difTereutly ? This is fometimes accidental ;fometimes for no other purpofe, than to afiiil the intcrcourfe between man and man, by eafy diftindions of fpace. Are not this River and thia Bay fed by tiie fame fprings from the land, and the fame tides from the ocean ? Are not both doubly flanked by the territory of the United States ? Have any local laws at any time provided variable arrangements for the River and the Bay i* Has not the jurifdidicn of the contiguous ftates been exerciR d equally on both .? But fupf»ofe that the River was dried up, and the Bay alone remained, Grotius continues the argument of the 7th letSliou, of fhe 3d chapter, of the 2d book above cited, in the following words : " By this inftance it feems to appear, that the property and dominion of the f(#i might belong to him, who is in poffclTion of the lands on both fides, though it b<; open above, as a gulph, or above and below, as a ftreight ; provided it is not lb great apart of the fea, that, when compared with the lands on both fides, it cannot be fuppofedto be fome part of them. And nov/, what ia tlius lawful to one king or people, maybe alfo lawful to two or three, if they have amhid to take pofiofiioii of a fea, thus enclofed within their lands; for 'tis in this manner, that a river, which feparates two nations, has firft bcjn pollefled by both, and then divided." '• The gulphs and channels, or arms of the fea arc, according. to the regular courfe, fuppofed to belong to"the people, with W'bofc lands they arc eucompalVvd/^ I'iiff. b. 4, c. J, f. 8. . 4 r-*° 1 VuUn. in h. .?, tit. T, p. y aflcing^, what nation ran be injured in it* rights, by the Pelawarc bc.ri.q: appropriated tu tlvv* United States? And to v.'hat tlcgrce may not the United Stateb be injured, on the contrary ground I It comuiu- nicatcs with no foreign dominion; no foreign naiiru lias, ever before, cxa6ted a Community of r'ghtiu it, as if it were amain fca : Under the former and pn;fcnt j^jvermncnts, the exclufive jurifdi-ilion has been aff^rtud ; by the very firft collctftion iaw of the United States, palTcd in I7?9, the eour.ty of Cape May, which include* Cape May iticlf, and al! . waters thereof, itlnretofore within the jiirifdikilion of the ftate of Nev/-Jcrfey, a' comprehended in the diflriiS of Bridgetown ; the whole of the (late of Dclawar;', reaching to Cape Hcnicpcn, is made one diftridl ; pTiy, nnlefs thefe pofitions can be maintuined, the bay of Chcfapcake, which, in the fame law, is fo fully afl'umed to be within the United States, and which, for the length of the Virginia territory, isAibjetSl to the procefs of feviiral counties to ;iny extent, will become a rendezvous to all the world, without any poflible con- trol from the United States. Ncr will the evil Hop here. It will require but an- other iTiort Imk in the procefs of reafoning, to difapproprlate the moutiis of fome of our moft important rivers. If, as Vattel inclines to think in the 294 i:h fedion of Ills firll book, the Romans were free to appropriate the Mediterranean, merely fcecaufe they fecured, by one fingle ftroke, fhe immenfe range of their coaft ; hovr piuch ftron^er muft the vindication of the United States be, fhould they adopt max- ims for prohibiting foreigners fropi gaining, without permiflion, accefs into the heart of their country. _^-'^ This inquiry might m enlarged by a minute difcufllon of the pratSlice of foreign nations in fuch circnniftances. But 1 pafs it by ; becaufe the United States, in th^ commencement of their career, ought not to be precipitate in declaring their ap- probation of any ufages, (the precile fadls concerning which we may not thorough- ly underhand) until thofe ufages fliall have grown into principles, and arc incorpo- tated into the law of nations ; and becaufe no ufage has ever been accepted, which Hiakcs the foregoinj; principles. / The conclufion then ik, that the Grange has been feized on neutral ground, if ^Jiis be admitted, the duty aijGng from tlic illegal act, is reftitution. £dm: RANPOLPift Mav 14, 17^3. ' \{ ,] . -TRANSLATION. , „ .i,i,>;; !j ;., , ... PHU.ADELVHIA, May lyth, 1793. The cd year ol the Republic of Fiauce. Ciiizcn Cemt Mir^ijlcr Plenlpoienil^ry of the Repuluk of France, to Mr. Jeferjoif^ W iHv\:x> ■' H-7 Hecrelarj of State of the Uhited Sii:ti:s» Sik, VA'Y pralecenor has delivered to me the letter wliich ycu wrote to him the ■*■ I sth of this mouth, cniiViVA'.nicating to him fundry memoi'iHU of the Urifiili minilter, and the declfuna which the American government has taken «u the complaints of this miuitter. T;ie fidt of thefe complaiiitis which yoii report ' in your letter, Sir, is wot fo'.nidcd in faft j I have no knowledge of r)|e parchai'e of the arms in tjiieftion, and at ail tyents tho reply you hr.v^ made to Mr. Hammond would convince him of the nullity oF his obfervations, ir they had betn diif attd by good faith j but It is prob.'.ble that this (k-p has r.o other objct^ hut to prcpLUC, diplo- ■iatically, j[>retext $othe Engiilh fiups pf Nvr.r Co ful-jtcl x^mtricsii vctt'els tVi^i^ ' •I [ " T "UbcUt the fiia^low of tiieif ratKleil neutrality, to:;ii'!)'frai*y tifits anJ ieic"ntation!» on this point. The troaiy of connunerce ct 177?., anthoiircs c:^c!vfive!y all the vcffels of r/ar French or American, ainvd by the tw(» llatta or by individuals, to condr.ft firely, w.ierever they pleafc the prizes they fliall have made ot^ their enemies* without being fuSjeifte.! either l%ia.:niiraky or any o^hcr duties, \vithout d'.'o the faid vefl'els or tlie laid pii/c^s entering the ports or Fiance or of Americn, liclng Itopped or Iclzed, or the oliicrr^ ot the places being permitted to take cognizance of the validity of the faid pilzes. This privilege is intcrdiih:d to the cnem;escfe5*heroftht two nations whlcli fliall be at war,the two contra^ling parties havirg expieisly engaeed not to permit any foreign pnvatei.r, having a comnniflion from a prince or power at v/ar with , one of the two nations, to am (htir vcllils ia the ports ol'one of the two parties, , or to fell there the prizes th-y flnll have tak n.or in any othir manner to diJchavg* the velTels, meix'.iandizes 01 ^ny part of their carg0v\>. Theie privileges which the two nations have rel'ei-ved to theniielves exclufively, ihe.'e itvere' and clearly djiincd rcltridilions ngiinit their common enem'.cs, evidently prove that in virtue ■ of the treaties which I have cited, we aic>ne liave at preient the righ; of bringing our prices into the Amv^rican ports, and of there doing w.th them as we plcajie, as prO|)t'riy on the validity of which the civil or judiciaiy officers of tiie United tjtates h::\venothingta dy,as long as the laws of the United S'ates arc not infringed. Jt is in order to acquire inibnnarion on this important iubjeft that the publicity of the fale of prizes authorized by t!ie conlular ofhcers of the Kepu'jlic is necefi'ary ;. and if in the fulfilment of this (inty prefcrlbed by iriend/hip, and our retj»eft tor the law of nations, the Con:"ul of the French Republic at Charleston has made ule ot Ibme formality or expieuion, from which it might be inferred that he aiTO- gatsd to himfelf junfdic^.on unccvled by the treaties and laws of the United ; States ; I Hiall take care, Sir, that this error be avoided for the future, and that all proceedings relative to the iiile of our prizes, conformably to the fpirit of the treaty, beai' the (tamp of a particular national traniniSHon, and of tlie plain aiid leal alienation of a property acijulred by the laws or war, acknowledged t», be lefjal by the'oflicers of the French natio.i. The third comjilaint made to your govtrnment, fir, by the Englifli minifter, is lelative to the arinanjeirts vhich have taken place at Charleitoi?, under the flag of the French Republic. The American government, fir, has given a new proof of its wiidom, and of its confidence in our fentiments, not blindly to ad- mit the aflertions of Mr. Hammond. In reply to this I (hall Itill confine my ((-If to fafts. It is certain that feveral veiTels liave been armed at Chariefton, that they have received from me commilTions of the Republic, agreeable to the furmt J have had the honor to communicate to you, and that theie veffels, difpatched to lea with great celerity, have made many prizes, have condemned to ina^ion, by the terror v^hich they have ipread among the Engli/h, almoft ail the lailori ' and veflcls of that nation, which were in the ports ot the United States, and by their fuccel's have very fenfibly railed the freight of American veflels* ; I grant that this muft be difpleafing to Mr. Hanunond, to his court and to lus friends^ ' but that is not the matter in gueltion. I ought by a fincere expolition of my conduft to put yon in a tapacity to judge, whether I have encroaehed on the lovereignty of the American nation, rt* iawi and its principles of government. Tht veheli armcvl at Chariefton belong to Frencli houfes ; they are command- lid ;J3d raiapned by Fre&cl^ citizens, cr by i^mericansy who, at the moment thef I ^ 1 •nteretl the fcrvkf oF Francf, in order to St:>.tes has been to facilitate to iv ♦.{ r> >•■» ' ■ .1';!' rr ',•* -'it i Ml. ,."» • • . . mil riiii/.fir i -vz-v] i^;.-> 1.1,1, , to equip la es. The in- otcdVing, ef- ca, lb ufeful el's, ihall net , no one h^s ring thofe of ot the cnm- authnrifin^ the duties of like commif- { the marine ;s; anH it ic ; as an a<^ of rood harmo- Icd the con- nives, under :hc political ill have con- : can exjH;(St nited States, Irtue of the h veffels ia vcs, founded niilions have ition cannot eigniy; and e arming of 1 repofe the cli unite the the fyftem others, arc league of inevitable not the in- rcm every the heart» y fenfibiliy, >refent ; — as in their this gene- ample of ? leir friends hey can do fuch pro- it they wilt £ T. vlliy I-. iff»*i .,%• ii TRANSLATION. PuiLADELPIliA, ift ytW, I75fj/ "* ' • ' • sd year of thr Republic of France. ^Le Ci^zen OeMtt, Mlnijler plenilicUuthry of the Repnhlic of France, tvith th: United' States, to Mr. yejerfonfcretary ofjlateof the United States. ' ' Sir, I HAVE this moment been informed, that two officers in the fjrvice df the Re-" public of France, Cirizcn Cidcon Hcnfield and John Sinj>lctarv, have becii arr sited on board the privateer of the French Republic, the Citizen Gcnot, and conduticd to prifon. 'J"hc crime laid to their charge ; the crime which my mind cannot conceive, and v/hich my pen slmoft refufps to ftute, is the ferving of France, and defending v/Ith her children the common and glorious caufe of liberty. Being ignorant of any pofitive law, or treaty, which deprives Americans of this privilege, and authorifer. officers of police arbitrarily to take mariners, in the fervice of France, from on board their vcfTels, I call 'upon your intervention, fir, nnd that of the Prefident of the United Stat-!s, in order to ob'.uin the immediiitc rcleafement of the above mentioned officers, who have acquired by the fontlments animating them, and by the adt of their' engagement, anterior to every adt to the contrary, the right of French citizens, if they have loft ti.at of iVmericati citizens. I renew at the fame time, ur, the requifition which I made in favour •f another French oificer detained for the fame caufe, and for the fame objcdl. GENE T. PaiLADELPUiA, June ift, 1793. JMr, yfjferfon. Secretary of fiatef to Mr. Oencty Miiiifier plenipotentiary of France*' S I K, I HAVE to acknowledge the receipt of your note of the 37th of May, on the fubjedl: of Gideon Hcnfield, a citizen of the United States, engaged on board an armed vcflel in the fervice of France. It has been laid before the Prefident, and referred to the i^.ttorney-General of the United States, for his opinion on the matter of law, and I have now the honor of enclofing you a copy of that opinion. Mr. Henfleld appears to be in the cuilody of the civil magiftrate, orer whofe , proceedings the executive has no controul. The aA with which he is charged, y will be examined by a jury of his countrymen^ in the prefcnce of judges of learn- fi ing and integrity ; and if It is not contrary to the laws of the land, no doubt need ti| be entertained that his cafe will iffue accordingly. The forms of tlie law involve 1 certain neceffary delays, of which however, he will affurcdly experience none but m, what are neceffary. f| ,,,,•• I • ' ;.- ■ I have the honor to be, '^f" ^ \Y.\iA' '• ' With fentimcnts of perfe«5l efteem and refpedt, • ■^ .a.l . . • ■ , - - Sir, ■ •' '.<; . ' • ' Your mod: obedient, and • ' • ! >i''i "» i - ,., - .. ..> .. nioft humble fervant. .it r vol !.>'..l,.-. ■. •(,..,! Tn: JEFFERSON. ' ', P. S. After rvrhtngihe aoevtt T tvas honored •wUhyeur note on the fuljeSi of Slnthat a foreign power fhould interfere in a q'.ieftion whether as a citizen, a man La* I been guilty of a crime' Nor can rai authority be derived from Hcnfield being I under the protedlion of a French Republic ; bccaufc being ftill a citizen, he is ¥ amenable to the laws, which operate on citizcH*, and the very ad, by l^bi«il |i« ■ . 1) ■ lisf f a6 I fefaid to have been taken under fucli protetSlion, Is a violation of the fovereigtttf of the UnitcJ States, If he be innocent he will be fafe in the hands of his coun- trymen : if guilty the rcfpctS due by one nation to the decrees of another, de- mands tliiit they be acquiefced in. id. But Henfield is puniilyible, becaufe treaties are thefupreme law of the land ; and by treaties with three of the powers at war with France, it is ftipulated, that there Ihallbc a peace between their fubjcols and tlie citizens of the United States. 3d. He is inditStable at the common law, becaufe his condud comes within the defcription of diilurbing the peace of the United States. Edm: RANDOLPH. Jlfajf 30, I79J. ,• <:• ^i i . ■ , .- .... .. ,, ... . ■ I;;;. . TRANSLATION. j '. •• ^ . y Philadelphia, 14th ^'w"', I793.. ad year of the Republic. • ne Cillzcn Ccnetf Mintjler •/ the Republic of France^ to Mr. fejferfon^ fecretary of . , ,... ,,, Jlateoftbe United States. Sir, * ■ • - YOU will fee by the papers hereto annexed, that in contempt of the treatie» which unite the French and Americans ; that In contempt of the law of na- tions, civil and judiciary ofiicers-of the United States, have permitted themfelves to ftop at Philadelphia the falc of veflels taken by an armed French Galiot, and at JNew-York, have oppofed the failing of a French vcffel commiffioned by the ex- ecutive council of the Republic of France. I requeft you, fir, to inform the Prefident of the United States, of thefe fads, to let him know that they have lifed his name in committing thofc infni':i>'ons of the laws and treaties of the United States ; and engage hira to develope in the prefent circumftances, all the authority which the people of the United States have confided to him, to inforce the execution of the laws and treaties. Not doubting, fir, the purity of the Prelident's fentimcnts, I hope to obtain immediately from the aid of his good offices and energy, reftitution, with dama- ges and intoreft, of the French prizes arretted and feized at Philadelphia, by an incompetent judge, under an order which I ought to believe not genuine ; and the like reflitutlon, witii damages and intereft, of the veiTels {topped and feized at New- York. It is through thr intervention of the pubKc minifters, that affairs, of the nature which produce my prefent complaints and reclamations, ought to be treated. A» the reprei'entative of a people, generous a!:d confident in their friends, I have already given proofs of the ientiments with Avhlch they are animated. In caufing to be reftored, without examination, on the requifition of the federal govern- ment, the Englifli fhip Grange, taken by a veflcl of the Republic. 1 fliall ina!l jny condudt fhew an equal deference : but at the fame time, fir, I fliould cxpedl from your governmeat all the fupport which I at prefent ftand in need of, to de- fend in the bofom of the United States, the intcrefts, the rights and the dignity of -die French nation, which perfons on whom time will do ue juftlce, are laboring fccretly to mifrcprefent. GENET. T R A N S L AY I O N. f . , , .. THIS day, the 7 June, 1793, In the ad year of the Republic of Fi-aiice, before us Francis Dupont, conful of the faid Republic, ^t Philadelphia, appeared the citizen Pierre Barrierc, agent ad hoc of the ikip WiUlam, and of the brigantine AtSivc, taken by the galiot the Citizen Genet, captain Johanen, who has declarei, that this day, at i r o'clock, A. M. being occupied in the faleof the cargo of the /hip IVilliam, a deputy marraal of the court of admiralty of the United States, for the dlftrid of Pcnnfylvania, prefented Jiimfelf to him, where he was making the fu4(itlc» ojl IVttrJfr'i wjiwfi j-relcndinj; that tjie faidfliip IVilliam^ and her cargo, !• *7 J . wcrefeizcdby the faid court of admlra'-ty, wiihlng, in ccnfsquence, to ftop the falf, •which was nevcrthelefs continued, the appearcr havinj-j conceived that the admir::lty could not, in any manner whatever, meddle in this Ijufineis, agreeably to the rytli article of the treaty of commerce between Trance and the United States. Notwttii- ftanding, to the great prejudice of the intcrcfted in thefales, the iaid deputy maiihal of the admiralty difcouraged the bidd^'rs, and even fufpended their bidding, leading them to believe that the falc of the faid veflels was not valid ; whence it refulted that they fold below their value. However, the fale of the cargo being made, th: faid agent proceeded to that of the brigantine; but as foonas he commenced, the faid deputy marfhal again fqrbid the continuance, which lead feveral pcrfons prefent into an error, fuppofing that the feizure extended to the brig AHl-ve, as well as the Jhip WiUiam ; whence it refulted, that the faid brigantine did not fell for more than a third of her real value, having been eftimated worth £, too. The appc3.rcr, having afterwards proceeded to the fale of tlie fliip IVilHam, tlie laid deputy niar- Ihal again, in the name of the afoiefaid court cf admiralty, forbid it ; whence has alfo refulted a confideraWe lofs to the intereftedin the faid prize, which was ftnick out at only £. 500, which does not amount to one fourth of her value. — In conlVquenci of which, the faid appearer protefls for all damages and intercfrs accrued, ajid to accrue, againft the faid court of admiralty-^— thofe who have fet on foot this profe- cution, and generally agaiuft nil thofe whom it may concern, being therein fully jullifiedby the tenor of the treaties : — Of all which the faid appearer has requelled of us an adl, and hasfigned with us, the day and year above written. Frois. D U P O N T. Pierre Barriere. , Compared by us. Chancellor of the Confulate of the Republic of France, with the original depofited in the Chancery, the 8 June, 1793, zd year of the French Republic. " J. Bre. L E M A I R E. We, Couful of the Republic of France, at Philadelphia, certify and atteft, to whom it may concern, that citizen J. Bre. Lemaire, who has figned the above cx- traft, is our Chancellor, to whofe lijnature faith Ihould be given, as well in as out ef judgment. In teftimony whereof, we have figned the prefent, and have caufed to be .««)_ affixed thereto the feal, of the Confulate, at Philadelphia, the 8 June, 1793, ad year of the Republic of France. Frois. D U P O N T. Si r. New-York, 9th June, 1793. ad year of the French Republic. I HAVE juft been informed, that laft night a French veffel, armed for v.-ar, and ready to hoift fui], has been arretted by authority, and tliat even the captain has net be ni permitted to go on board. Ihis ftrange ufc of public force, agaiiiH: the citi:.;ens of a friendly nation, who aflemble here to go and defend their bre- thren, is a fignal violation of the laws of neutrality, which I cannot impute but to a mifconceptlon, which your attention, and your equity, will not full to rcdify, as foon as you fhall be informed of it, 1 require, fir, the authority with v/hich you are clothed, to caufo to be render- ed to Frenchmen, and allies ; and I muft add to freemen, of whatever nntlon they may be, the liberty of flying to the fucconr of their country, it is nor in a country where Frenclmi en have fpilt their blood, in the caufe cf humanity, thiM; tliey ought to find in the laws obftaclcs, to their following yit again the mull pleafing of tiicir propenfitias and to fulfil the moll Hicred of tlioir duties. 11 A u r v: R I V E, '■■"■'""■ ' ■ ' ■ ConfuUf thi FrtttKh Rc^iuLlut N„-W'l'«,i. Totbe Cs'jsrnor of Ihefateof Kc-^Yori, ' • . ■ ■» . , \ •■ « • • .. . ■ , ,>fh June current, to obtain a replevy of the detention made by au- thority in this port, of a FreneJi veiTel called the Republican, bcloncjing to Loui* Ale.'.is Koohquct Caritat, and comrt>anded by the Citizen Orfet. 'I'he Governor of the faid fti'.te replied to us by a letter under bio fijjnature, that it was in con- formity to the iniiinvSion of the PreCdent of the United States, that he had or- c^ered a detnclinient cf militia of this Ibite to detain the faid veflel, until the Prefident cf tlic United States Oioukl be informed of the circumftahces of the fads, upon which v>-e have delivered to him, an act certified and Cgned by U6. . Done at Ntw-Yorlc, the loth June l/i^j. " ' 2dyciircf the Republic of rrai:,:e.' H A U T E R I V E, •' . - ' . -■ ,.. . Coiiful cf 'I:- Ri-l^ublic of France at Nd-cv-Tofi. PuiLADEJPUlA, "June IJiu, I793. ^r. y^f^rfoft, Secretary cf State, to Air. Genet, Minifer Pleni^uteutiary cf France, Sir, X SHALL now have the honor of anfwcring your letter of the 8th inllant, and JL fo much of that of the T^th. (both of which have been laid before the Prefident) as relates to a ytncl armed in the port of New- York, and about to depart from thence, but flopped byorder cf the government; and here I beg leave to premife, that tlic cafe fuppoled in your letter, of a vefiel arminn; merely for her own defence, r.nd (o repel ulijuii aggreflions, is not that in quellion, nor that on which I mean to anfwer ; bccaufc, not having yet happened, a$ far as is known to the j;ovcrii- nicnt, I have no inftrudions o»" the fubjti51:. jlhc cafe in queflion, is tliat of a vciiel armed, equipped and manned, in a port of the United (States, for the pur- pofe *f commitci!!^ iioflilities on nations at peace with the United States. As foon as if was perceived, that fuch enterprizcs would be attempted, orders to prevent them, were dif[iatrhcd to all the ftates and ports of the union /in confe- quencc of thsfe, the gtwernor oi New-York, receiving information tnat a floop, heretofore called the Polly, now the Re]^ub!ican, was fitting out, arming and manning, in the port of Nevv-Yoik, for the cxprefs and fole purpol'e of cruifin^ iigair, It certain nations with whom we are at peace, thatlheh-'d taken her ginisaud n.n^munitim aluiard, a.nd was on the point of departure, feized the veffcl. That the governor v.asnot mifl:akenin the previous indications of her o!)je(3:, appears by the fiibfL-iuicnt avowal of the citizen Hauterivc, conl'ul of France at that port, who, in a letter to the governor, reclaims her, as* " Un vaineau atmc en guerre et pret a mettre a In voillc," and defcribcs her objcd in thsfe expreflions.f " Cet ufage ttrangede la force pub1ique,conLrelcs citoycn.'S d'uue nation amie qui fc rcuuiUlnt- \^\ puur lilUr ilfndrc Icurs frera^'' and again, :| " Jc requiern, Alonfieur, rautoritc dent vcus ctcs revetu, pour falre rtndrc a dcs Francois, .\ di.s allies, &c. )a libcrtc «/.■ •vhl.r uu fc. i.rs (Is Icur ^•i'!rif." 'Ibis tranfadlion being reported to the Prefident, orders were immediately lent to di liver over the veffel, and the perfons concerned i;i the (.Vircrpiire, tu the tribunals of the cou.itry ; that if the -dtl wap of thofe for- bidden by the bu^. It might be punilhed, if it wasnot furbidden, it might be fo de- elaiid, and all penVns aj jirized of what they might or mi^dit not do. Tiiis we hav,. leafon to believe is the true (late of the calc, and it is a repetition of that vviiii.il wa-j the l'ul.>i.t of my letter of tb.e jth inllant, wbieli animadverted not 'I'llA.N ELATION (/ l-ASSAGKS hi l.Kl TER fi> Mil. G'-IKET. I ;/A Jhlic l'()2,. \!t:oii tcbo an ■ * " A v,J?'i/ anned fir tv.ir, ,:i:.i /v,;.A,' to^i.t tofj."' \ " TLisjlrar^e i./e if itubllc f.rte ^'■^-•'•f tl ■ citizens (f a frlcuUy /.i.', uiiJU.i ur:, in orJer to go in defence of their brothers/' ^^^ I req::'ire, J.I, tic uuthjrily i:-ith tvlich i,r.ii are i-pcil, to ecife toinreinfertJtt frcnchv.en, tsuUics, li'i. tileliUny cf flj'irg to th;' fucco'.ir cf their country." [ 29 3 merely on the Tingle facJlof the grantitif!^ commiiTlons of wap^ by one nation, withli the territory of anothti ; hut onthe aggregate o; the fads ;./or it Hates the opinion of the Prefident to he,that" The arming and cquippiiig v^ITcIs in the ports of the United States, to cruife againft nations with whom they are at peace, was incompatillc with the-fovercignty of the United State3;that itmad'jtheminftrumentaltothc annoyance of thofe nation3,and thereby tended to commit their peace." — And this opinion isftill conceived to be not contrary to the principles of natural law , the ufage of nations ; th-j engagements which unite the two people ; nor the proclamation of the Preiident, as you feem to think. Surely not a fyllable can be found in the lafl mentioned inftrumcnt. permitting the preparation of hoflih'ties in the ports of the United States. Its objedl was to enjoin on our citizens " a friendly conducl towards all the belligerent powers ;" but a prepara- tion of hoftilities, is the reverfe of this. None of the engagements m our rreaties, ftlpulate this pcrmiilion. The XVII article of that of commerce, permits the armed vcilels of either party to enter the ports of the other, and to depart with their prizes freely : but the entry of an anacJ vcfTcl into a pcit, isoneadl; the equipping a veffel in that port, arming her, man- ning her, is a different one, aiyl not engaged by any article of the treaty. you think. Sir, that this opinion is alfo contrary to the law of nature, and ufao-c of ni.tionj. We arc of opinion it is dilated by that law and ufage ; and this had btien very maturely enquired into before it was adopted as a principle of condudl. rfiut we will not affume the exclufive riglit of faying what that law and ufage is. Ilet us appeal to enlightened and dilinteretted judges. None is more f** than Vattcl. He fays, 1. 3, f. ro4, § " Tant qu'uu pcuple neutre veut jouir furement de cet etat il doit nion- trer en toutes chifes une exacle imparlialitc entre ceux qui I'e font la guerre. Car s'il favorife I'un au prejudice de I'autre il ne pourra a pas fe plaindre, quand cclui-ci le traitera comme adherent et aflocie de fon ennemi. Sa neutralite feroit une neutndifc fra duleufe, dont perlonne ne veut etre la dupe. — Voyons done en quoi confiile cette impaitialite qu'ur pt uple neutre doit garder. Elle fe rapporte uniquement a la guerre, & comprend deux chofes. i, Ne point donner de feccours quard on n'y eft pas oblige ; ne fournir librcment ni troupes ni amies, ni mmiitions, ni rien de fe qui fert direcSemcnt a la guerre. Jcdhnc /;oi,'it donner defecours et non pas en donner cgaUmevt ; car il feroit abfurde qu'un etat fecourut <:n meme tems deux ennemis. Et puis 11 feroit impolfible de le faire avec egalitc, Its m^mes chofes le meme nombre de troupes, la meme quantite d'armes de munitions, &c. fournies en des circonftanccs dificrentes ; ne formcnt plv.3 des fccours equivalens, &c." If the neutral power may not, confiilent with its neutrality, furnilh men to either party, for their aid in war, as little can either enrol them in the neutral terri- tory, by the law of nations. Wolf, f. 1 1 74, fays || " Puifque le droit de lever des foldats eft un droit de majc.' • qui ne peut etre vicle par une nation etrangere, il n'eft pas permis de lever des foldats fur le territoirc d'autrui fans le confcntemeut du mai- § As long as a neuter nation nvijhcs to enjoy this Jiiuation ivltb certahity, it ought to Jleiv in every thing, an exaif irrpartialliy, L'ticeeii Ihofe who are at lOar. For if it fd~ vor the one to the prejudice of ihj other, it cannot complain ivhcri that other fh. ill treat it as an adherent and ajfocii'.te of its enemy, lis neutralily ivould he u fraudulent one, cf Kvhich none tvould be the dupe- Let us fee then ivhcrein conjifls that impartiality ivhieh'a miutral people ought la ohfer've. It regards ivar only, and comprehends two things. )J}. To give no fuccotir •when not Miired thereto ; not to furnifh freely, eliher troops, arms, airmunitlon or any thing ivht'ch direSily ferves for ivar. J Jay, to give no fuccour and not to give it equally : j'or it ni'Dvld he ahfurd in a flate to fuecour tiua enemies at the fame time. And be fides it ivoiili be impnjjihle to do it with iqualUv, the fume things, the J'ame number of troops, the fame tfU.mt'.ty of arms, ammunition, Xs^c. furnijhed in dijferent circumflances, are na longer equiva^ lent fucioiirs." 11 " Sinec a rigid of rniftng fo'diers is a right of majefty, tvhleh cannot he iiir.hu.'d hy m foreign natiin, it is not permitted tu rafefcldiers on tL> terriicry of another, ivilhoui the ionfent of itsfuvtreign.'* y _ , ■fPT 1 ' i^ •redu tcrritoire." AndVattcl, before cited, 1. 3, f. I5,«f "Lc droit dc lever d«» foldats appartei^ant uniqucmcnt a la nation ou au Touvcrain, peifonne ne peut en eu- rolkr en pays etranger fans la permilfion du fouverain ceux qui entreprtncnt d'enga- gcr dis foldats en pays etranger fans lapcrmiifion du fouverain ct en general qui- conque debauciie Ics fujcts n'autrui, viole un des droits Ics plus facrcs du prince & dc la nation C'cft le crime qu'on appclie plaii^iat ou v.d d'honinie. U'n eft aucun ctat fioHce qui ne le punifc trcb fevercinent, &c." I or I chufs tp refer you to the paf- fage, rather chan follow it through all its developments. .-The teftimony of thefc and other writers en the law and ufage of nations, with ymir own juft refiedions on thtm, will fatis(y you that the United States, in prohibiting all the belligerent pow- ers from equipping, arming and manning veflels of war in their ports, have exercifed a right and a duty with juliicc, and with great moderation. By our treaties with feveral of the belligerent }X)wers, wlucb are a part of the laws^of our land, wc have eftabliflied a flile of peace with thcm.^ 'But v/ilh"ut aj)pcaling to treaties, we are at peace with them all by the lavv's of nature ; for, by nature's law, man is at peace vith man, till fomc aggrefilon is committed, which, by the fame law, authorife« one to d-'Ilroy another, as his enemy. For our citiztfls tlicn to commit murders and fjepredations ca the members of nation* at peace with us, or to combine to do it, ap- peared to the executive, and to thofe whom they confulted, as much ?.guiiifl tl;e laws i;f the land as to murder or rcb, cr combine to murder or rob, its own citiztr,s ; and as much to require punifliment, if done within their limits, where they have a territorial jiirjfdidion, or on the high fvas, where they have a perfonal jurifdiction, that is to fay, one which reaches their ov.'n citizens only ; this being an appropriate part of each nr.tion on an element where all have a common jurifdiction. So fay our laws, as wc underftat'.d them ourfelves. To them the apper.l is made — and whether wc have conftrued them well or ill, the conftitutional judges will decide. I'ill that decifioii ihall be obtained, the government of the Umted States muft purfue what they think right, with firmnels, as is tlieir duty./On the firft attempt that was mad;;, the Prefident was defirous of involving in the cenfuj-es of the law, as few as might be. Such of the individuals only^ot.'rtIary of th? I^rpuMk cf irc.ncey to Mr. f^fcrfon, ■ ■ -' . '■ i^'^cn-'iiy cf Statu of tic UaiisJ SuUs., ., ^ 5m, ISCUSSIONS are fiiort, when matters arc taken upon their true principles. I^et us explain ouriclvcs as republicans. Let us not lower ourfelves to thp f " The riglit of raifng fQld'urs Ishnghi^ only to the nalkn or its fvcr.ign, m one can -mtrol tbetii tn a fortij;,, country -witljout the pcrnZ/Jlon of the f-^'ere'gn. Thfc tvho iniJa- tJie to engage fuUUn in a foreign country, iiitiM.ut perr.ijjior f t/jefowr.igr:—,;; J in gem- r^i ■whor.f.e'uer corr,:pu tie fiLjeits of others, violates one of tU wofl faau-J ,i^!.:s of /,'-... prince ami of the r.aiion. It is the crime -which is cuiij plajiat 0; m^n-tbtft. -Jbro j, u^pclueJjtj.'t idici) Joes mtfi-jcrcly puinji it. [ 31 1 Ibvcl of ancient politics, by cllplomr.tic fubtlcties. Let rs be as frank in our ov?r» tures — in onr declai-ations, as our two nations are in their afTeiJlion*; ;ind by this plain and fincere condutS:, arrive at the objcdt by the fhsrtLn: way. All the reafoningn, Fir, contained in the letter, v/liich you did mc the honour to write to me the ' yth of this month, are extremely injrenious , but I do not hLiitatc to tell you, that they reft on a bafis which I cannct admit. You oppofc to my complaints, ^to my juft reclamations, upon the footing of right, the private or pub- lic opinions of the Prefident of the United States; ai.d this E-^is not appearing to you fuflicient, you bring forward aphorifnis of Vattcl,to juftify or orcufc infratflion* committed on pofitive treaties, tjir, this conduct is not lilce oiirs. In arrivinjr among you, I have, with candor, faid that the French nation, cherifti.i-^ the irtc- rcfts of the United States more than their own, occupied themfclvcs but on their happinefs, in the midfl: of furrounding dangers, and Inftcad of preffing them to fulfil, tov/ards them, all the obligations impofcd on them by our treaties, by gra- titude, and by provident policy; they have juft granted new favours to their lom- merce, to partake with them the benL^fits of its navigation, opening to them all the ports in the two worlds ; in a word, aflimilating them to her own citizens. Such amicable and difintereftcd proceedings, fliould render the federal govern- ment. Sir, induftrious in feeking at leall: all the means of ferving us as far as cir- cumftanccs would permit them ; but Inftead of waiting till Congrcfs had taken inta confideration the important fubjecfts which (hould already hare occupied them ; until they have determined whether the war of liberty ; whether the fate of France and her colonies, were indifferent objefts for America ; until they had decided whetiier it was the intereft of the United States to profit, or not, of the fituatioa in which French magnanimity places them, they have been forward, urged on by I know not what influence, to purfue another condudt. They have multiplied difficultie* and embarrafTments in my way. Our treaties have been unfavourably interpreted : Arbitrary orders have dire(5led againfl us the adion of the tribunals ; indeed, my fliplomatic reception excepted, I have met with nothing but difguft and obftaclcs in tlie negociations I have been ch.argcd with. It is not thus that the American people wifli we fhould be treated. I cannot even fuppofe, and I wifh to believe, that n'.cafurcs of this nature w'erc not conceived in the heart of General Waflilngton, — of that celebrated hero of liberty. 1 can attributi* them only to extraneous imprefficns, over which time and truth w ill triumplu • I requeft you therefore, Sir, to lay before this firft magiftrate of your Republic, the two inctofed protefts, which have been juft tranfmittcd to me by the confuls of the Republic of France at New York and Philadeljihia. You will vjc therein that tliefr officers complain, that French priTies, the jurifdiftion of which belongs exclufivtly to the confular tribunals, have been feizcd in thefc two ports, by orders of the Piefi- dent. leKpeiSi from the equity of the federal government, Sir,th" immediate redref* of thefe irregularities ; and I venture to hope, alfo, that tlie PreruL-n't v^-ould be pleafed to ex;'.mine again theafFair of the fhip Republican, of New York, and confulcr whether (independent of :he right which we have to fit out privateer?-) any of the exprelfions ufed by conful Hautcrlvc, to reclaim the giving up of the feizure made of that vcffel, proves that flie has been armed for this purpole. Tlie citizen Haute- rive has clearly fliewn, on the contrary, that flie was armed by Frenchmen, at a time when the moft religious of all duties prompted tliem to fly from all parts of the world to the fuccour of their country, and to fulfil towards her, thofe duties ta which the Americans would be equally bound. If we had not the defire "o leave ta their wifdom and their honor, the un plrage of their conduiSl:. It is itKonteftible, that the treaty of commerce (art. XJill) exprcfsly authorizes our artr.ing in the port* of the United States, and interdici;s that privilege to every enemy nation. r.cUde* this z6i. forms but a part of our conventional compads, and it is in them, collec- tively, that we ought to fcek contradsof alliance and of commerce fimultancoufly , made, if we wifii to take their fenfe, and interpret faithfully the intention^ of the people who cemented them, and of the nun of genius who dictated them. If you cannot proteiSl our commerce, and our colonies, which will, in future, erntri- h»tii auich moicto your profperity tiuin to our own, at Icafc do not arrcil^tlic : a ( i if! •ivifin of our own citizens, ilo not expofe them to a certain lofs, by obliging thenx to go out oi' your ports unarmed. l3o not punilh the brave individuals of yciur nation, who arrange themrelves under our banner, knowing perfeiSIy well, t''at no law of the United States jives t» the government the fad power of arrcfting' tbcir zeal by ads of ripor. The Americans arc free ; tliey are not I'.ttached to the gkbe like. the flavcs of Rufila; they may ehangiJ their fuuatiou wltcn they pleafc, anti by accepting, at this moment, the fuccour of their arm« in the habit of trampling on tyrants, we do not commit the plagiat of which you fpcak. The true robbery, the true crime, Trould be to enchain the courage of thcfc good 'citizens, of thefc fmccre friends to the beft of caufes- I am ignorant. Sir, of the conilitntional judges to whom the federal government appear to have it in contemplation to refer the different qucftions of public right, which have arifen between us ; but it appears to me, that tliefe judges can be looked upon only as counfellors, fince no particular tribunitl has the right or power to intcrpofe between two nations, whofe only arbiters, when they have a fmcere defire to live fraternally and amicably together, mull be, in the prefcnt ftate of humaa focietics, good faith and reafon. Accept, Sir, the cxpreflion of my eflccm, and my rcfpedtful fentimcnts. GENET. TRANSLATION. Confulate of New- York. Ft'otejl of Ciiizen Hauterivs, Conful cf the Republic of France, at NcwYorhy a^ainjl the procefs andfdzure of the Catharine of Halifax. CONSIDERING that tribunals are inftituted to render juftice between indivi- duals, and not to judge of the differences that may arife between govern- ments, and flill lefs to decide on the political relations which exift between nation and nation. That their fphere is circumfcribed within the territorial limits of the Ilate to which they belong. That there cannot be any relation of dependence between the tribunals which therein belong to two different nations. That i.ie confular jurifdicSion is an extenfion, and a firft degree of jurifdidion of the tribunals of commerce and of admiralty, inftituted in foreign countries by the nation to which the political conventions have "given the right of confulate as well as the right of recurring to the public force, to enfure the execution of the confular difcufiions. That the limits of this jurifdlAion depend only on the foreign government which has eftabliflied it, and that this government may extend or contradl it at J)leafure, provided it does not attribute to it any adion againft the perfons, the property, the police and 'he local jurifdidion. That in attributing to thcfe tribunals dependent upon it, that which belongs to another equally dependent upon it, a government does not go beyond the limit* of this power. That recently the French government hath given to theconfulates of the Republic,' the jurifdidion of fca-prizes, and has thus completely conftituted them courts of admiralty. That, by that it only difplaces one of the branches of the judiciary power. That the geographical pofition of a legally eftabliflied tribunal, neither alters the force, nor extent, nor independence of its jurifdidion. That all intervention dircd or indlred, as to the French prizes being formally interdided the tribunals of the country, the admiralties of the two nations, however they may locally approach each other, are not the lefs feparated from wne another by the ir.furmountable barrier of political riglit. That thus a French prize, remaining in a neutral port in virtue of treaties, is fubmitted to the confular admiralty in virtue of the right whicli nations have of organizing at pleafurc their judicatures, is as much Iheltcrcd from the adion of any other local tribunal, as if it were in a French road. For all thcfe rcafons, Ave Alexander Hauterive, conful of the Republic of France, confidering that the New-York diftiid-court, has extended its jurifdidion to a- Ffcnch prirc, the dccifion of which was pending in our uibunal ; .'..,.;...' .1.,l £ 33 3 I- Th?.t tlils intervention, prefcribed by the treaties, not only tends to cftabliili a clafhing- of jurifdiAion between two tribuiiuU, which cannot have communication together, but alfo o the an* ihilation of the conluhr tribunal, which is reduced to nothing as foon as the public force, which the trtaties have given it the right of demanding to fupport its judpfments, is imployed againft i*. That if this error of the judiciary power could be antliorifed by the govern- ment, we muft fuppofc that the government has the right of interpreting, modi- fying or deftroyinjj the political compacts which unite the two nations, by the in- formation and dccifion of the tribunals of one of thefe tv/o nations. We protcftagainft the violation done to the rights of the nation we rcprefcnt; we declare formally, that whatever may be the decifions of the tribunal, which has arrogated to itfelf the judgment of the i>rize Catharine of HiiUf^rc, to the injury of the confulate jurifdiftion, the parties interefted, who are amenable only to our tribunal, are not bound to conform to it. We declare this judgment to be null, and of no eifed whatever; ift. By the notoriety of the incompetency of the tribu- nal, ad, Bccaufe it would be given in contempt of our prottfl. 3d, Eecaufe it would be formed on infufficient information, the principal papers to elucidate the difcuflion, being m our hands, never to go out of them. 4th, AjccaurctJie French Republic being one of the parties, it would be neceffary, in order to proceed regu- larly, that the judges fbculd find in the American laws, that the French nation is amenable, in its political rights, to a private tribunal, and that they may be con- demned by default. We declare, in fine, that thefe rights /ball remain entire, faving the requifition of damages and intereft, to the parties interefted, and the demand of reparation for that of the two nations, who, in the diplomatic judgment, (the only competent arbiter between friendly nations) will be acknowledged injured in its rights. Further we declare, that the judgment of the fatil is ftill pending in the confulsr tribunr-' of the Republic at New- York. New-York, aifl June, 1 793. , id year of the French Republic. , ' , Certified to be conformable to the original. " ' ' ' \lj Pratejl tf the Conful of the Ripublic of France, againjl ih; feitiure of the fh'tp Williani. ' ' CONSlt)F,RING that no authority on earth has either tlie right or the power of interpofing between the French nation and her enemies. That (he alone is the arbiter and judge of the ofFenfive adts which the fupport of her independence obliges her to commit againft the defpotic governments coalefced to replunge her into a ftate of fervitudc, from which, abandoned by her friends, and affailed by fa many enemies, flie alone has been able to liberate herfelf. That the court of admi- ralty at Philadelphia, yielding at firfl- to illfoundcd reclamations, fince recalling; herfelf to the principles of the law of nations, has acknowledged its incompetencjj to the dccifion on the legality of French prizes. That hence it evidently refults, that no local authority can take upon itfelf ths information of a difcuflion which arifes, or may arife, between nation and nation. That neverthelefs the federal government has placed a guard on the fliip IVllliam, taken by the French galiot the Citizen Genet, and by this matter of fa<5t feems ta declare, that previous to all difcuflion, it meant to interfere in the examination of the right, and in the dccifion of the fadls. That if the government interferes as local authority in the judgment of the faiSs, they deny and violate the principle ^xprefsly declared in the 17th art, pf tlie.^ceatjr between America and France. '. ..',.',,.. I i " That if, as a power in veiled by the nation to communicate with foreign govern- ments, they interfere in the examination of the right, they proceed previoufly by a method till this day unknown, in preceding a diplomatic difcuflion by an arbitrary and violent adl, and by an execution purely military. For all thefe reafons, we, Francis Dupont, Conful of the French Republic, at hiladelpbia, formally protell againft the infringement committed on the rieht* Philadel of the French nation by the local government of Philadelphia. £ 3+» Wc declare, that having proceeded in a judiciary manner to the falc of the faid ihip, and that being accountable, in the name of the French nation, to the pur- chafers of the property acquired by them, we throw upon the government, who has created thefe obftaclcs to acquiring the pcffcflion, all the damages and intcreft. We declare further, that in informing the minifter of the French Republic of the violence oppofcd to the excrcile of our funtftioHs, we, in his name, refcrve by the prefent j'roteft, the purfuit in reparation for the violation of the convenricnal com- padls, and the outrage againftthe Ireiuh nation in the miniflry of its agents. Done in our confulate, Philadelphia, 22d June, 1793, 2d year of the French Republic. FR0I3. D U P O N T. I " •■ ' '' '■' Philadllphia, June nth, 179-?. Jlfr. yefi.-fa/i, Secretary of State, to the Mifiij'ier Plenipotentiary of France. ■ Sir, HAD tl;c honoi' of l.iying before the Prefiiknt your memorial of the sad of May, piopofiiv'; that the iTnilx.1l States flictrUl now pay up all the future in- Italnia'.tJ ol ihcir debt to France, o\\ condition that the funi fliould be Invffttd in proLiice. / The Prelluent having lully deliberated on the I'ubjeft, I have now the honor or encloiing yo\i a report from the trealury clepartinent, made in con- fciji.cr.cc thereol, and explaining t!ie circumfvances which prevent the United tJtatts from acceding to that prunofi'ion. / In Lidy the inllalmcnts as tl'.ty arc i'cttlcd by the convehtlon between the two nations, far exceed the ordinary reiburces of the United States. To accomplKJi tliem completely and pumFtually, we are obliged to anticipate the revenues of fu- ture times, by loans to as great an extent as we can prudently attempt. As they are arranged however by the convention, they give us time for lucceflive, and gradual efforts. But to croud thcle anticipations all into a fingle one, and that to be executed in the preient inftant, would more than hazard that ftate of credit, the prelervatio*^ of which can alone enable us to meet the different pay- ments at the times agreed on. To do even this, hitherto has required, in the ope- rations ei borrowing, time, prudence and patience ; and thcle operations are Itill going on in all the extent they will bear. 'Xo prefs them beyond this, would be to defeat them both now and hereafter. /We beg you to be allured, and through you to aflure your nation, that amoitg the important reaibns which lead us to economife and fofter our public credit, a Itronger one, is the defire of preierving to oiu-felves the means of difcharging our debt to them with punc- tuality ami good faith, in the times and I'ums which have been ftipulated between us. Referring to the enclofed report for a more particular development of the ob- ftacles of the propofition, I have the honor to affure you of the fentiments of particulax- cfteem and rei'peft with which. I am. Sir, Your moj} obedient and mojl humble ferfvant, ' ' ""■:■ ' T H. J E F F E R S O N. JThe Stcretan of the Treajury, to nvbom ivas referred a communication from the ''""Mlnijlcr Plenipotentiary' oj the Republic of France, on the fuhjeSt of the debts of the United States, to France, reffe^tjuliy makes thereupon the foUo-~ji.ing Reptrt : npHE objeft of this communication is to engage the United States to enter in- •■• to an arrangement for dilirharging the rthdue of the debt which they owe to France, b}r an anticipated payment cf the inftalments not yet due, either in fpecie or bank bills of equal curi^ncy with Ipccie, or in government bonds, bearing intereft and payable at certain fpccified periods, upon condition that the fum ad- vanced (hall be invelted in prgdu^ions of the Uiua;d Spates, for the fupply of the French dottiiuioni, . f J5 ] With rcgnrj to the firft expedient, nimcly, a |.r.ynip;i; In fprcie rv !):ink-}:;,'s, the rofburccs oF the treafury of the UnikMl Jitr-fes, di. n<»f admit of its Ix-iiv ailoptefl. The govcnitnait has relird for the ii;enns of iviin'iiiiinQ; ivs forti ni dcht, on new loans to he made I'hro.til. The I:U( i-rents in r.ju-opi- hivc thrown a tcmpor:uy obltaclc in thf- wny of thc:l' loans, producin?;, conuquentlv, : n in- ability to make jnymi.nt hy anticipation or the icfidue oi" the debt ha-taiicr to grow due. WrJi regard to the fecontl txpcdirMt, tha*^ of govianmcnt bonds pavubJe at certain fpecified periods ; this in liihllancc, tliough in other four.a, lia;i ixiAHt- fdly ccme tmder tonfidcralion, and ha!> as oltifi been dtcl'.pcd iis in(.li<^il)l.'. Great inconvenienc its to the trc.lit of the g.nvrnn-ien;, tendin';; to dcranVie if :j gonerpj operations of finance, h ive bci ii and inul continue to i.e perc,ivtd in every plan which is calculr-icd to throw fiiduenly upon the niarlcc,', a hiri^e ad- ditional mm of its bonds. The prelcnt (late oi' things tor (jhvions j-caibns wovdd ferve to augment the evil of fuch a circumitance, whi'o the cxdling and poflible exigencies of the United States, admonifli them to Ije piuticidariy cautious at this jun^Uire, of any me.ifure which may tend to hazard or imptir their oedit. Theie confiJerations greatly outweigh the advantage vvh.ich is furg>-ftcd as an Inducement to the meai'ure (the condition refperting which Is the principle cir- cumftance of the difference between the prefent and forme) proportions) to ariic from an inveftmcnt of the fv.m to be advanced in tlie products of the couiin-y ; an advantage on which perhaps litUe Itrt is can be laid hi the prefent and proba^bic ftate of toreign demand for thefe producli. The motives which diflliade from the adoption of the p/opofed meafuie, niay, it is conceived, be the more readily yielded to, from the probability rliat the utility of it to France might not, on experiment, prove yn equivalent for the facrilices which (he might have to make in the difpoiition of the bonds. All which is humbly fubmiMed. [S!g»eJ,'] ALEXANDER HAMILTON, Sec'ty of the Treafury. Treajhy Dcparimeat, "June 8, 1793. A true Copy, (Signed) TOBIAS LEAR, Secntary to the PirfiJc/it of the Uaited Stales. Tk TRANSLATION. . Philadelphia, 14th June, 1793,. 2d year of the French Kepubilc. Chizen Gciict, AfuhJIer riar.poti'ntiaiy of the Republic of Irunce, to Mr, fe^erfoii) Secretary of SUiie of the VnlieJ States. Sir, tT is the characrcr of elevate'd min(ls,of freemen, not (ofxpofe tliemfeivcs twice ■■• toarefuial. I luive rcqucfted you to niakeknovvn to thci'irfidcnt of tlicUni:ctl States, the urgent ncci;flitics of the French liepubiic. I have not hidden iVom you, tliat h ivmg armed near a million of foldicjs, tlicy have experienced a ccn- iiderabit ui.ficiency in their produce 5 and that tluy, witli iheir cidonics, woidd be configned to the horrors of famine, if the United States ihoukl not iurniih tliem on account oi' tlieir debt, a part of the l\diliilance, which they wunt. I iiave offered you, in viitue of my powers, to take in payment, in diiauh of money, bills, or obligations of the ftatc, bearing intcrell tid the epoch fixed by our con- vention, for the rc-imburicinent of your debt. I have endeavoured to convince you of the advanL-ages whleh woidd reiv'.it from this operation for the two to ihe Ame- rican m-Tclnnts or lanners, in payirii^nt of the jirovihons they may liu-nKh, from the wan', ot" new advances on vlie part of the United States, I recjuelt, in ordrr to place me ')•} a. firr.ation to life this power, that he prelcribc to the Secrc'iary of the Tre.ifiuy to adjiift with me inimtdiately thear.iuimt of the debt of the United States, to France. The exuedient to which I am about to hnve recpurfe, will, probably, be onerous to t!;e I'Vaich Natii/n, bat as the federal government thinks it may takeonitieU to place us under the nectflity of cmj)loying it, without copiulting Congrel's upon fo important a matter, I am obliged to follow my inftru on iiiLituic exAinination of the (iiitftion ; and thciv^h my opinion diifers eflTentuilly from that of the Govfrnor of New- York, I am perfutulcd that the Prtfulent of the Unlt«\ States, after having taken into con- fivieration the authorities and reaibnings which have guided nie in tracing to the conful of the Republic, the conduct he ouc^ht to purme, will trunlinit to thcGo- vcrnor of N? /-York., orders worthy ofhis juftice iuid impartiality. GENET. I T R A N S L A 1' I O N. ■ '' Philadelphia, Junei5*h, 1793. 2d yc'.ir of the Reiwbiic of France. 7be Citizen Gaiety MJmJivr P'unipoleniiaryvflkc Repuhlf: of France ^ to the Citizen Hautcri'-je, Confut at NczL-Tork. HAVE read with great attention, Ci^ii/.cn, the report you tranr.niated to me on the 1 3lh of tliib month, r.jT.l in which, aftei having given an accovm* of the dilculUon which has ari:en bet\veen you and the Governor of Nev.--Ycrk, relative to thi; Irigate of the Jicpr.h!ic, the Embufcade, you piv.irnt for my i(»lu- tion, in order to guide your future conduct, the following queltion, which gave rile to it, to wit : " Wliether in a neutral port, an armed velTei belongiw^,^ to a belligerent povvcr, fliould allow a truce of 24 iunirs to eneiny-vcfifls, Oeiirinij to go oui:." If it were necetlhry, citizen, to commence a poLinic on this tjue.'- tion, I fhould obferve to you firft, that it has been badly Ifatel, and that not only the duration of the truce, but alio the time at which it (hall convinenc*^ Ihould have been definetl ; but this Invcillgation is iupeitiuous. The qucllion wliich vou propoli; to me, citizen, is long lincc decided by the European powers, who have reguiatpd with each other vhe piinclples of neutrality. Theie principles may be found in the maiitimc convention of the northern powers, in the diifvrcni treaties of commerce wiiich thefo fame powers have mutually entered into j in fiiie, in thole which Kullla has concluded with France, Aullria, Portugal and tlie two Sicilies, and none ot thele entered into with the view to favor the navigation of neutral nations, have bad the aukwardnefs to make mention of a truce to I* given by the armed veiFels of the pviV/ers at war, to the inemy-vellels of thoib powers which may be found in neutral ports. The firlt of the four maxims of neutrals vvhlch almoft every nation, England e:;cepted, regards as the pallatllum of commerce, is that every relTel luny navigate freely from port to port, on the coalls of nations at war. This right, ilcrived from the right of nature, Is ncccffarily reciprocal ; the powers who have acceded to the principles ot the neutrality, have n^ver conteftad it j and I cannot tell you, citizen, how much I am furprized that the Governor of the State of New- York, ftiouid take the advantage of the political opinions promulgated by the United States, to fulijeil our veifels of w.ir to an mdeilnite trir.e, which would be a dangerous reltraint, contraiy' to the letter, to the ibiii.': of our treaties, and which at molt could be required from aveird of an ind liferent fiate, with whom neither obligation nor engagement has been contraftid. In the prelent llatr of things, citizen, all that the government of the United States can require, is that we commit no holtiiity againit our enemies, on the territory and in the waters of the United Slatt's, and in renewing to you tlie order, attentively to obferve that our veiids attend to this reli?rvation, 1 recom- mend that you oppose with energy, analogous to the fentunents of friendOiIp which we liave avowed to the United States, every att or every ftcp, whleli wnuld deprive our veiTels, armed or unarmed, of the liberty they ouglit to en- py in th*." ports vf \Jy Uait^d Stat^j, in virtue of our ti-caties> and in virtue of the only principles witicU liavc been ciijiloniatically cftabLfiied, on tiic riglits of ni T R A N S L A T I O N. Philadelphia, i8th June, i79<;. ■ ' ^ri year cf the Kcpublic. Citixcn CcaC, Minlllcr of the French Refvhtk, io ihr. J'^tijo/i, Secreinry of Hiaiejor ihc Uuiud Stans. S I R, 1 HAVi'': examined the corrcfpondence which hns taken place between you and ■'• my predeceHor, rtlative to ihc re(]\iiriiion of frnds wh.ch he lias made on the Feiicrnl Goveinmcnr, to pay off certain draughto of the adminiilratcrs of Saint Domin, and to procure provifions for thr'.t colcny. I pay due rei'pect Sii^, to the iuilri.'fs ot the ob!ervati(^ns which you Irniiiinitted to the Citizen Ter- nant, on the liiliiecl ot this rtviuelL Forced iroui his cii-cumfpft^tion, by the pref- iing inlbncts of the aiimlnilhators of St. Domingo, I conceive that this re- ♦piiiirion muft have tnibarrufll'd yuur governnicnt infinitely, and under this view, I Icel all the obligations we owe you, tcr having, as you yourfelf exprefied it, leiii conliilled psiitiencc il'.an fr'undihip, in yielding to it. You have with p"o)),iefy lemarked, ^ir, that the decree which :ipprcj viated for the ntccffitics ct'tiie colonies tour milllous from the debt of the United States to P'rance,*not b.v'ing yet traniiultted to the i'tdeial goveniment, in the ufual oilicial foi'ni, fhould not have an application ih pcfitive, fo vietennined as that which the conimltiioneis ol' the aeiminittration oi S:'.int Domingo had given it j and tliat it was probal)le the miniltos ot I'rance had had recourfe, in order toiiipply the wants uf tills colony, to operations of anodur naiure than thofe which took p'acc. In n'.ct. Sir, the dtanghls ior \\\t payment of vvhich the commiifioners of Saint Domingo, prv Tied by impcrijus circmv.ttanccs, have, in Ibmc degiee, obiiutd tile Citizen Teinrnt to deiicnd funds ol you, have neither btcn autho- ri/.ol by f lie N^;ion.d Convention, nor by the Executive Council ; and I niuft even inioini you, that I ain forbidden to ]>ay, out of the i\inds plaa'd at niy dil- pofal, any Wher th;in thoie dnaights wiiich Ihall havi been accepted by the con- lul La Forefi, in viriue of orders from my predectflur. But, on my arrival here, I was infurm.'d that this ccni'ul had -received orders from the MinKier Pl..r.i|)Otentiary, to regiUer ail d,raughls iHucd by the in'miiiirtr-iticn of Saint Domingo, andlo ^ccf tbeinoutof the new tuncls which ti-.e fedt-al government had provilicnally grtmted, on (he Irafis ot tlie decree of the aOth JiUie, although it was not oiKcirliy notified. I have not thought proper Sir, to llop llidduilv, the p.iymaV: of theliidra'.ights, in the hope that tlie mode of relmburnng \our li^ot, which you at my reipud, have laid before the Prdidcnt of the United States, would be adopted l.'y him, and give me the means, ilt to h(Mior the (haiights itgi'.tered by niy pi edeceffoi-j tne payment uud conitraintd to obey oidy the tn-.pirc of circviii'tliUKts, [ 39 ] W'ilch prefcribo me to furpenJ: the piynient- of tlie c.;!uiiial JraugV.ts, an;l to tmi)!oy ti'.e funds (k'lfined f( r their acquittal, to the picoludt of piovifions for France and lier colonies. This ni i-:uigcment bir, ncvd not alann either the! hearers ot the rcgiitered dr?iights, cr tlto^e of the of her diuuohts ifi'ued and noC Tv^giftered of the; .uhiiiniitration of Saint Domingo und o;hcr ct^lov/i-js of the French RcpuiJtjc. The nation will ci-rtainly fc.lfil towards thcni the engaj^'- inentii rontravled hy its agents. I know that thty have dfllinec'. p-irliciMar funds Uir rius purpofe. I alfo kno.v that the colonies have nvjue cona'iini.'.on* in kind, 1o uilfil their obligations, and provide thenifclvco, tor a pari: of viuir wants, an.l it is acconling to thefe ideas, that I have c'etrrterniined to ii.ivc in:ert- ed, in the pul)itc papers, the inclofed information, tiu' i:ya\r:ion of which is to calm inquietudes of the bearers of the di-aughts wliich I ;nnohi!g>.d tu it^t afide, and to encourage the citizens of the United iit atcs to continue to carry Uicccr to their bj'others the French Republicans of the Antilles, whoic- f^Ue depends on tliis generous oft ; without which the French colonies will be reduced l>y fi- inlne to put themlLdves mit'er a governn^ent whofe comnjercial principles wc;ukl not affiiivdly be lb advantageous to the United States, as thofe which :\\\ ev.ligiit- cned policy and unlimited attachment for the American })eople have led us to embrace. GENET'. Citizen Genet Minijlcy Plenijofc'/itiary of the French Republic, to the Citizens of the Un.ii-d States, vyHEREAS fcvcral American citizens who have furniflied proviiions to tlw ^" colonies of the French n'public in the Welt-Indies, have, received bills ilrawn by the adnfiniitratorsof ihe rel'pe^tive colonics on Oitizen La Forth, lute Conful General of the Republic in the United States, and lately on myielf, in payment for liich fnpplies. I ini'orm them that thefe draughts will certainly be paid, the National Convention having appropriated large limis for that ol)- jet^l:. But vs I am not yet authorized todifcharge them, lean only in the meui >vhile, advice the holders of inch bills as have not yet been reglllcredby Citizen La Forell, to have them recordetl in the office of Citizen Dupont, Conlul of the French Repiiblic at Philadelphia, in order to aibertain the dates of their pre- leutation } at the fame time I cannot too much encourage the citizens of the United States, to continue to aniit, with unremitting exertions, their rejmblican bretlu-en of the French We(t-Indies, whole exiltence from the liberal principles adopted by tjie National Convention, with regard to ihe colonics of the Frencli Republic, mult eflentially contribxite to the proi'perity of the United States. The American citizens may reft allured, that the moil eftlcvuious ineafurcs have been taken as well in France as in the colonies, to prote(.''l their property in all the ports of t!ie Republic, and to enfure to them a prompt payment for their fupplics in calh or in merchandize, and at the fame time to lecure to them the enjoyment of thofe favors which the Nation;-.). Convention has lately granted to the citizens c'.' the United States, which afilmilate them, in refpeft to conuneicial advantages, to the citizens of France. PhUoiielphia, June 17, 1793, zdycar cf the French Rcpujiic, Philadelhia, June 23d, 1793. Air. 'Jcffetybn, Secretary of State, to Citizen Ge/ul, Minijler rienipoleutii^rj of „ v.^„ „ Francg. Sir, ■J N anfwer to your letter of the 1 " th inftant, on the fubjixT. of the bills drawn •* by the adminiitration of St. Domingo, in favour of certain citizens or the United States, I am inltructed to inform you, tliat the funds therein meiuionetl have been ib clearly uudullood ou all hancls, to be fptcially appropriated for the E'! '1 .' r 40 1 psy.T^rif of th» hlll;i, which v.'cre rccogni/ecl by llie fciT.icr afjcnts of France Ilea', as to be incapabio ol htivi-j tUvevtciU without dii'appointjng the jull expe<5la- tions orour citizt'iis,' lioUkrs vt thoiebHIs. t : liJtUxd the s^ovcrnincut baa lieea Jo muciia party in, cc«.intenar.cu;g tbofe eXr- pcilib'i'.ons, asj" in lucli an event, to lie under an obligaticn, in point of prd- prietv, to ibtisfy tlie parties tiiefiiiialvcs tothetxitnt otithe balance, which yet rcniuina to be ?tdv;ince!.l. i . ■ ■ i'"^' ^' f,f:i Vr-xi'l ' .J.ha.'ve the kon;»r to ItCy •^Uh grsat and fncere eficem^ iMiao'j 3.'. i. .Jq-K-) ?t.;i;. lil.W>J ,»L>j"l'.!"!.' Sir, >\\ juw me si obedii:nt and Iii most butnhle fervant, '■ TH: JEFFERSON. ,.,.,.. „, ^ , fr.o,';; «• ' '>' ■'• •(•»,";:: '»!j Philadllpiua, June 33d, 1793; Mr. Jeffirfon, Secretary ofStaUt to Cilizen Genet, Minister Pknipolentiary of "?:■■',>/■,: "-•'^ i-rs'- : . . • . ■■■. irance. . . . ■.. .,,, ■ , . ■:•; T HAVE the honor to inform you, that in ccnfcquence of the general orders ■*■ given by the Prefn-lent, a. privateer iitted out !jy EngliAi iubjcels within the flnlvr of Georgia, to cniize againit tlie citizens of France, has been ieized by the Governor or Georgia, "nd tuch lcp;al prolecutions are ordered, as the cafe will juttiry. I- beg you to be aihircd, that tlie gcvernmcnt will ul'e the utmoit vigi- lance, to fee, that the laws, which forbid theie entci^prizes, are carried into execu- tion. ■ ti ■■ 1 have the honor to be, -joith great cmdjlncere esteem, •' Sir, your 7nost obedient and •'•''.' • i)i,,f" '■ >■ ''• ■•,-'"' . ' > .' ' most humble fer'vaiffO J. -4 Ml TH: JEFFERSuNJ .ij'' ■:.;l' Si r, ■ TRANSLATION. Philadelphia, * January 25th, 17513.* ad year of the Republic of Fiance. T LEARN with Infinite pleafurc, by your letter of the 13d of this nwnth, tiiat the government of Georgia have cauied to be ttoppcci a vcfTel armed itt that Itate, tor tlie purpofe of ciuifmg againft the French, i.nd that the perlbns infercited in this veflel will be proiecuttd. It .is to be wifhed, Sir, that the fame watchfulnefs and firmnefs may be eik* ployed in all the Hates of the union ; for you will obferve by the encloi'ed reports of the confids ct' the republic at Charledon, at Baltimore, at Philadelphia, and at New-Yoi'k, that many tncniy-velfels have been armed there, have entereji armed, remained there, and have gone out from thence armed, in contempt oF our treaties 5 whlUt in virtue of mftrucllons from the Prtifident of the United States, the French adventurers, who have bc^n able to put thtmleives in a Itat* of defence, in the ports of their allies, in or«.ier to go out without danger, and to fulfd otherwil'e, according to clrcumltances, the duties of "a citizen againit ^e uiemies of the itate, are purlued with rigour. Accept, Sir, my esteem and reJl>cSly-'-t'.^\ V I ■>','.;ij 1 i.j «;."•.'. ;j." / . v;;d i::n'i{\\ ti;i!) ooiiK. ^;i> ISvh lid J^-.t •;<'' . .. ,r.'iu... ».< G E N E T« 11! ^■^». Philadelphia, a 5th June, i793>v' ;i:' 2d year of the French K<"pubbc. Extract from the reports of thfConfuls ondyice-Connits of the trench Republic tit Charleston, Rmtimrs, Philadelphiu ami Ne-M-York, to Citizen Genet, CVfARLKsroN, from the 24.th May to 6th June. A BERMUDL^N velfel has pUrchaied^. cannon in this poit, to prote^^ her in retih-nin;.i;. — A Dutch nlfel wiiich entered this port without guns, has feiledvvith 14 — Englilh v^lfcU havt beui in like manner anmd here. •■ • • Jn err $r for June. IS' m t 41 J T ■ : . • ' Baltimore, ai ft June. Ajrf Englifli vedel called the Thilty, Captain Hale, has been publicly artr.«.-llions fliall be matle, until the govennnunt Ihall. decide on their caie. It may Ibmetimes, perhaps, happen, that fuch velfels are I'lought into ports wliere there is no conliil of your nation refident, nor v/ithiix any convenient diftance. In that cale, the governors would have to proceed to fciie ai31 of detention themielves, at leail until a conlul may lie called in. / bii've the honor to he, ivilh tnuch refptSi, Sir, Your most obedient, and niojt kuntble fer^vcmt, (Signed) TH: JEFFERSON. TRANSLATION. Philadelphia, a'jth June, 1793, *. 2d year of the French Republic. 'Jle Citizen Genet Minijhr PL-iiipofentiary of the Republic of France, to Mr. fef~ ftrfon Secretary of Stute of the United States, Sir, n^HF, letter which you havi' done nie the 1\onor to write fmce the departure -* of the Prc'iident of tlve United States, contains dilpo/itions worthy of youv, wliduin, and ol the rcntinu'Uto which chainiF^'rlR' you. The an'angement which you propole, Sir, fulls us in tvay ixfpr^it : I ihall communicate them to the tonfuis and vice-confuUof the Rtpvibllc, and in recomm.ending them to conform to them, I (IkUI add to the inllrucUons already given on the fubjecl of prizes, new regulations, the rigid execution of whicii will prove to the federal government, that we regaii! it as the lirft of our duties to refpeft all the rights of fovcreignty of the United States } t^^ undertake nothing that may be difagrex'jible to them, and to unite all our efforts to perpetuate and to cement more and mor« ths con* •cflioa* which fo happily unite our twg Republics. GENE T. ;> i ^:l f:\ 1 1 :' I'. C 4+ 1 ■'?.->'!!,; Philadelphia, June a9th, X79;, ifr. Jejferfont Secretary of State y to the Miftijidr Plaii/cieaiiary of FraKU. ■•"' Stu, rpHE perfons who reclaimed the fhjp William as taken within the limits of •*• the proteflioi of the United States, having thought proper to cany their .claim iirft into the coufts of admiralty, there wa^ iio power in this country which coiUd take the veffel out of the cuftod^' of tliat court, till it ftiould dccidip itfeif whether it had jurifdiftion or not of the caufe j having; now decided that it has not jurildifikion, the iame complaint is lodged with ti.e ex;ecutive. I have the honor tbenclol'eyou thetcftimcny whereon theconiplaiat is found- ed. Should this fatisfy you that it is juii, you .will be lb good as to give order* to the coniiil of France at this port, to take tiie veHtl into his cuftody and de- liver her to the owners. Should it be over-weighed in your judgment, liy any contradiftoiy evidence, which you have, or may acquh'e, 1 will afk the favor of a communication of that evidence, and that the conlul retain the vefiel in hi? )cuftody until the executive of tlie United States confider and decide finally on the liibjeft. , „ jf ba've the boner to he nv'ith much refpeBy 0- T;r i )^•M•rI r."- nv,r.-n;^ ;(;m'i ;i j-i ' Sir, your most ohedient and jit,'-:- ' '- , -ii '■ :;'•'■• ,f f i .I^■i.' i'f'i it most humble fer-vant, V«-:-r J M. ?,■■„'<•''-'•,■-:. i.-;/i:,,,r': .'^'yJ- T H: JEFFERSON. /.i■^ !0f ■..C|:.- ' Maryland, Saint Mary^s County, jf, '■ ' |)ENEDICT WHEATLEY, of Saint Maiy's regul?rly admitted and quali^ ■^ fied as a branch pilot for the Chefapeake-Bay, and r'otowmac river, beinpr duly iwoiii, depoltth and fayelh, that on Friday the third day of May laft palt, being on the look-out for inward bound veffds, fell in with the (hip William, James Leggat, matter, fi'om Germany, bound to Pciowniac, about nine mile* to the eaftward of Cape Henry, he immediately took charge of the fhip as pilot| and after being on board for one hour, and i-unning into the mo\ith of the bay^ with a leading wind, a fmali ichooner hove in fight, coniing out from the capes, flie run up along fide, fired one guv., and hailed the fiiip j capt. Leggat hoiited his Englilh enfign, on which he was ordered from the fchconer to Itrike 5 the colours after fon\e time was hauled down, and a boat from t!ie ichconer with a lieutenant and fix or leven men, came on board and took pofleiiion of the fliijj, as a prize to the fchooner Cinciimatus ; a prize mafter was ordered on board, apd all the hands of the (hip were put on boaixlthe iiphooner, ejccept the carpen^ ter and two or three hands. After the capture, an enquiry was made of the deponent w4iat courfe woul4 cleai' the middle ground. The neceiTary information was given, and he the de? ponent, after being offered a confiderable reward to carry the (hip to Philadelphia, declined it, and wis put on board a pilot boat that came alongfide at the time. The deponent further fayeth, that ^e underftood from the captors, that the fchooner was from Charlefton, South-Carolina, and commiffioned at that place by the French AmbafTador, lately aniveil from France j that the captain, whom the deponent did not lee, was laid to be a Frenchman, but all the men that board- ed the (hip appeared to be Americans or Englifli. She mounted four guns and carried about fifty men, he further i'ayetb, that at the time tlie fliip was boarded, the diilance from the (hip to the light-houfe on Cape Henry, did not exceed five miles at the utmoft. The deponent enquired what diilance from the land they were authorizetl to take prizes, he was anj'.v';red not lei's than nine miles, on which he replied that the Ihip at the time of capture was not half that diftanca /rom tlie light-houfe, on Cape Henry. his BENEDICT ^ WHEATLEY, a-.* '-.Uirf.i t mai'ki U-iXi ■;OiU lU Vi:;;! I 45 1 Sworn beibre me tbe fubfcriber one of the juftices of the peace for the county and ftate aforeiaid, this eighteenth dayof Maj^ one thoufand leven hundred and iiinety-threc. ^. ^■.•"r-v.'rr^^R "•.•■'■ // -aiii -^.it h-nifj^' M.- JONES. (% State of Marjiandt Saint Marfs County t to nvit : Thefe are to certify that Mordecai Jones, Elquire, before whom the within depofition was made, and who in witnelii thereto appears to have iubfcribed hie name', was at the taking and lubrcribing the fame, and now is one of the juftices of the peace of tiie ftate, and for the jcounty aforefaid, thereunto duly authorifed, commiflione'' and fworn,and that to all certificates of probates before him made, and by him figned, due faith and credit is and ougnt to be given, as well in juitice court as thereout. In teftimony whereof I have hereunto fet my hand and affixed tlic public feal ■ of office for Saint Mary's county court, this twentieth day of May, annoque Domini, gas tlipu^ind f^ven bjindred and ninety-three. TIMOTHY BOWES, eierk of ' Saint Mary's County Court, ■. Li* ij'j. BY this public inftrument of protell be it made known and manifeft unto all who Ihali fee thefe prefents, or hear the fame read, that on the eighteenth refents do Ibkmiily proteft againft tl\e capture of the faid flnp William, by the faid privateer fchooner Genet, and s^-ainlt all loftcs, colts, charges, damages, breaches of bills of lading, contrafls, covenants, and agi'cements whatlbever, already lufFeretl, fuftalned, or occafioned, . '..K Sir, 5 \i ,-. ■ Your moft obedient and moft humble frrvant, ;;,;:' ;,:•■ : th; jefferson. [ 47 ] ' " (COPY) '.'•■; I • : • - . ...'. . rirs^ima, to n.vit, ' ■'■'!■' ' ^pO allpiTions whom It may corlorri, I, John Nivifon, notary piiJi!ic for tlie •*■ dirtricl oK Norfolk, by lawful authority duly admitted and (lualif.: I, (»,> hereby certify and make known, that Captain Michael Pylc, late mallei- of t hr; brig Fanny, David Mac Jntofh "rnate, and John Mac C;;tti(\ one of the failos perlbnally appeared before me, and being duly fwom on the Holy Evangel i It i of Almighty Crod, depofed and laid, that they failed from Lucia in t!i? Iflandcf Ja- maica, on the fourteenth day of April lalf, having on toard ;i. caigo of i um antl lugar, and bound on a voyage to Baltimore, fhe being in goodorder fjr tlw voyage ; that on thefeventh day of May, at lo P. M". being ojf the mouth or' the Cheiapeake bayj Cape- Henry, bearing, by computation, N. W. by W. dif- tant about leven leagues, they were hailed by a fchooner, and were informed that there was a pilot on board for the Cheiapeake — they anlWered that they (hould not Itay for a pilot till the morning — that the wind being at N. E. thty (tcered N. N. W. failing at the rate of four miles per hour, until«half palt four A. Nf. on the eighth, when being in eight fathom of water, Cai>e-nienry bearing N. W, by W. or N. W. diftant as above, by computation, four or five mrUs, they v/ere captured by the boat aforePaid, which to their great fin-prize, proved to l)c a French privateer, called the Sans CuUottes, I. B. A. Ferry, commamler, mounting' frur guns and two fwivels, manned with 45 men — that they were de- prived of the veifel and cargo aforefaid, and were detained on board the private or until the eleventh of the i'ame month, when they were let on Ihore in Lynn Ha- ven Bay, in the Hate aforefaid, and that on the liimed-ay they arrived at NoifoJk. (Signed) Michael Pile, master .j DaviJ Mac h4oJh, mate j "John Mac Cuttle, featuan. Wherefore, t the laid Notary Public, at thercqueltof the faid deponents, did and do now hereby folemnly protelt againft the privateer and her crew, f(,oard, to which this deponent anfweied that he fhould not Itay ioi: a pilot till the morning ; that this deponent haded the lUiooni-r, and alkcd how Cnpe lleiu v hure, and what diltaiice ? anil vras unl'wiTcJ from the fchoomrj tliiit Cape Hciuy bore N. W. iiU by W, w , » I '■:•» S ■r p. ■■'I 1^1 i^ li' Ji' '■ ■ ' 1.'. I r f 4^ J ^viftty miles dlftarit. That the wind being at N. E. this deponent Jtecrw^ K. N. W. going at the rate of about four miles an hour, until half paft four* O'clock, or thereabouts, A. M. on the 8th" of May, when being in tight fathom water. Cape Henry, at that time, bearing N. W. by W. or N. W. diltant about four or five miles, the faid brigantine Fanny was captured by tlie faid fchooner, which, to the great fnrprize of this deponent, provtd to be a privateer, having on board a cOmmiflioh faid to have been granted by the French conllil at Charlefl»n, in South-Carolina ; the faid privateer, called the Sans Culottes, was commanded by J. B. A. Terry, mounted four guns and tvtfblwivels, and man- ned with 4 s men ; that this deponent, the officers and crew of the faid brigantine were all put on Ihore, on the nth of May, inLynn-Haven Bay, in Virginia j that the faid brigantine was fent to PhiladelphSti, whither this deponent came to tlaim the vefTel and cargo j but the officers and crew cf the faid brigantine being deilitute of friends and money, engaged themfelves on board other vtlTels in Virginia, for the purpotb of fuppoi^ing themfelves, and being thu& difperi'td, and ftparated from the faid brigantme, he, this deponent is thereby deprived of their teftimony, which he could have obtained, if they had been fent into the port of Philadelphia,with the faid brigantine j and further this deponent faith n«t. Taken and fwoni} at the city of Philadelphia, this 24th day of June, 1 74)3/ J^foremej (Copji) JOHN BARCLAY, Aldermam MICHAEL PILE. Urn TRANSLATION. ^^ ' Philadelphia, July 8th, <793.- "~"" ; The 2d year of the French Republic. ne Minister of the French Republic, 'with tie United States, to Mr. Jefftrfont Secretary of State of the United States, Sir, n^HE French armed veflel k Vainqueur de la BaflilUt of American conftruftion,* ^ and heretofore bearing the name of He<5lor, has failed from Charlefton,- TOrnifhed with a French commiflion, and her old American regifter, which the Commander, Hervieux, fent to the cultom-houfe, after having cleared tbc bar' of that port. • This condiift, condemnable only for its timidity, has led the cuffom-houfc of Charlefton, to require tlie government of South-Carolina, to caufe him to be arretted ; and in confequence le Vainqueur de la Bastille, has been feized at Wil- mington, together with a prize which flie took in there. The laws of tlte United States inflift no punilhmeflt in the prefent cafe, only where there has been, an: intention of avoiding the duties impofed by the United States, and, as it is proved by th . war-commiflion and by the inftruftions in captain Hervieux's polfeffion, that he went out of the port of Charlefton only to refift, as much as poftibley the unjuft attacks of our enemies ; a duty which all the treaties authoriKe him to fulfil, and which no law of the United States, and confequently no order of the executive of thefe ftates, can forbid him to fulfil. I requeft you, Sir, t« defire of the federal government the liberation of captain Hervieux, and of his 1! W, « «^,'t rt tjt !■■ '.: [ 49 1 ,f 1.. raif.ADKi.PiiiA, Cjiu juljt l;93. , • aJ y ill' of the vrcrch RipiibU«i . Vj'.i,' V/' ■•■'■-•* // *.'; •''/ , Sec.eUry f>f State. .V,' ".■.'," ' ■■ Sir., ' ' ■ ' •-. -i ' X/OLF requirp d of m?, details relative t.o thp Brigantlnc la Pjike Dirrocrat, hereto- J. fore U P^'iiic Sarah, at pfcfciit arnied> and ready to go out of ths JDelaw^re. They are as rollow ; — This veffcl, Sir, of ^nglilh property, armed by our ene- mies Vv'ith four cayncu, and other arms, was taken by the Envbufcadc Prioatc, hi'- longlti^ to the Ilcpiddic of France, and lent into Philadelphia. Her conftrr(5liO!i being tkgmit and iolid, her bottom coppered, and a fv/ift ft;:l:r, her maft^ and rigging bcin?r ill a good condition, i have (holi^Jiht on the report of the captain ot the Em! iifcadc, and other enlightened mariners, that the aciuifuion of this veffcl would be advantageous to the marine of the Rcptibtic ; and thi» confideratlon, joined to the defire I had of -Bnding employment fcr a great number of French marines, who were here expofed to the dtngtrs which often attend idlcfl^fs, aVid trt niifery, determined nie to take her on account of the ftate. V have had her repaired. I have compleated her armament, with cannon which I found on board of four French vcH'cIs, and given the command of her to Citizen Aniiot, cnfign of the Republic, and when rcudy, I ftall difpatch her with a com- miflion of the Executive Council, and with my particular i.iftrudious. i fliould confine myfelf, Sir, to reprefent to you thefe faifts, which require no difcuflicn on my part, and which clmnot create any difficulty on that of your government. When treaties fpeak, the agents of nationc; have but to obey. Accept, Sir, my eftecni and refpedl. GENET. A->\i j ,1 I!.! : PaiLADEiPHiA, 9th 7«//y, I79,3. rlir.,-''l ('-•■ir/'I -vi) :. ,1/ • .. 2d year of the French Republic. ^ha Cittztn Ceitet, Mittijfer Plenipotentiary of the French Republic^ to ^Ir. 'Jejfirfon, Secretary of State of the United StatJS. Sir, THE Conful of the French Republic, inthisftate, four days ago requefted the Governor of Pennfylvania to order out of the port of Philadelphia, the Jane, ah l^nglifli privateer, armed with fixteca cannon, wliioh vcffel came in the 4th:»of this xaonth, without any appearance of diftrefs. The Governor replied to him, that he could not take any meafures, in this re- fpe q E' • N ' E T.-' T- Z ^ 'I O ' ^ o [ J^ '] it ■m i If!-. 0^; S:(itt,iry of S!, '..lit, to Afr. Cnct, Mkif.cr J'Unijy^U/ttiary of Fratim, Sic, '"'I Il'l I'rcfult-nt of t!ic TJnitcJ States, del'irous of having done what fliall he ftridt- ly confoiniahli.'' to the trt;\t)es of the United Statjs and laws, refpc(i>ing tiiC f.vcral rcf.itfcntatloiis ivccivcd from youji"i;if and the miniftcr plenipotentiary of (ircat-Britain, on the fuhjcifl of \xfr-ls arming ot arriving within our ports, and of prizes, has determined to refer the qucftions arifing thereon, to perfons learned in the lav;s. As thii reference willoecaiion fomc delay, he will cxpcil from hoth parties, that in the mean time the Little Sarah, or Little Democrat, the fliips Jane jind William, in the Delaware, the CItoycn Genet and her two prizes, the Lovely Lafs and Prince ^ViJlKim Henry, and the brig Fanny, in the Chtfapeake, do rot depart until his ultim.'.tc determination ihall he made known. You may '.leafTiind, Sir, that the delay wiil he us ihort aspoHible, and the objed of it being to obuin tl'.;; !)eft ai'.vice poflible on the fenfc of the laws and troaties rcfpcifling t)i'j fcvcral •alts, 1 am periuad^d you will think the delay well compenfatcd. ,1 < ; ■ . v.v br. I have the honor to be, . . ,. . ..• V. o I'liL'a.' i;. With lentimcuts of the moft pcrfed cllecm and refpcift. t..u )i"u.<; A'. •.ri.!> Sir, Your moft obedient, and ,,,, mod humble fervant, Tii: J E F F E R S O N. -i.C ,t; . ;:„i»- 7/je Cliizen due Sir, v.; i n- ■>. Philaselpuia, y/i y«(y, 179,;. ad year of the Republic. Mitiifcr from the Frcv.ch Rcpullic to the UniUd States, to Mi. Jef- ferfoit. Secretary of State of the United States. 1 ,, f I HAVE already frequently had the ho^pr of converfing with you on the revclting treatment, which the Lnj^lini vcffels of war ufe on the high feas towards ' leri- can veifcls. I have informed you of the fevcrc vifits to which they fubjecft th md <-f the feizuresthey make on hoard of them, and under the protedlion of tl of the United States, of the perfonsand property of the French citizens. 'Ilic reports of all the navigators atteft the truth of thele fads, and the complaint* cnclofed, prefent new proofs. 1 reqiiefl you. Sir, to communicate them to the Preiidcnt of the United States, and to be fo obliging as to inform mc of the meafures Jic has taken, or thofehe propofcs to take, to caufe our enemies to refpcdl the flag of the United States as much as we ourfelves do, and to have delivered to our fellow .citizens the property of which they have imjuftly been deprived. I mufl obl'ervc to you, Sir, that as the Englifli will probably continue to carry off with impunity our citizens, I'nd their property, on board of American veffi-ls, without embarrafling thcmfelvcs with the philofophlcal principles proclaimed by the Prefident of the United States, the engagements we have contraded with ycu, placiag us in the moft difadvantagcous pofition, with refpe<5l to our enemies, in de- priving us ofthe privilege of uling at every point, with regard to them, the right of rcprifals, it is as ncceflary for your as for our intcreft, that wc fliould agne quickly to take other meafures. I expcvSl immediately. Sir, a pofitive anfwer frciii the federal government, on this fubjedl ; and i hope, that it will comport with the dignity andjuflice of the, American people, who ought not to require, if tliey are jiot at prefent in a fituation to compel the EnghJh to jufticc, whom they have for- jiicrly conquered, thatv/c Ihould cxpofe ourfelves and themlongtr, by a mifplaoed complaifance, to the infults of that nation, towards whom generous proceedings gc- ssrally lead ojdy to nsw ov.tifgss. - . • ■" ■ " ' '■■"' GENET., [ SI ] "' €»f>y of It D E CI. A B A Tl O N a/J I* K OT E J T. ri/t; u'^y, :.L- 27//J yuiu; I'cjJ, 2.! y.^r of the T.-i-.ch R,^-J/.i:, f -jl 13 o'oV .'•, BEFORE in, John Piipt'd I,cnir.:r..-, ChanroUor of the Cr.nfi.lutL- of the fui-l Rcpuhlic, efti'.1)lifli.-d at 1 liil-uiclnliia, in th? I.a'c of I'ci.nfvlvauia, cnoDl'iie TInitcd tjtatps of America, the iindciri,^:!^.'!, r/id :n tl-e prt-'cni.c of the v/initlUi. h'.Tfuftor nnined, r.ppeared the citi/.cn Filvit Du CAr.r,^. ••':• A; /yi//^.nti'v.' Columhi:", cn})tivin J hii (Jiccn, t f this rity cf Philadelphia, for thispoit.'an F.n;^di(li privatior, the iTijartim; r;miu', captain Bloomlbury, of St. Vine nt, captured the faid brVant'.uc (.W/.7.jW:;, v.Ithrut aay regard to her flag, on the i;,th of t!-,c faid moath cf May b't, and rend,. .v id her into t;he port of BafTeterrc, Saint Chriftophers, \vhcre he arrived the l.ir.e d-y, and v.'hcre he found fix or feven other American veffels, Avhich l;ad aifo Lteu car- ried in there by force. That the mcr-handizes that he h:;d on board t'.ie faid brif the appci-rer, and a bill of lading, of the dime month of May, figned John Green, junior, exnd),f-d to us by the appearcr, and which, r.t his reqv.eft, Ihall be annexed to thele p,. fen's, after having been certified by liim to be authentic, and by us compared v/jtn tl c original. • 'I'hat the above fugar, cotton and colTee, was f-iippcd partt;- on account andrTic ofcitizen John Mercie, of Bordeaux, owner of the faiii Thus of llordtau::, ana partly on account and rific of fundry other perfotvi interefted. That the intention of the ajj^^earer had been, in difpofe of the faid fug?.-, ^i and coffee, on account of the above mentioned John Merci'.', and of all tho^( cerncd in it, on his arrival at Philadelphia. . .. That on liis arrival at Saint Chri{loph;rs,all the merchandize nlready mentioned cotton c con- lint Chriftophers, and v/hich he prefented to us, and at jus re- inncicd, to recur to, duly certified and compared accorairg t.) app the faid idaiid of Sa quell, is hereunto ann. the ordinance. That of the whole of the above, the faid appearer having required a certiiicnte, \vc, the Chancellor above mentioned, have, by thefe prefents, granted the lame, to avail him as it may of right The faid appearer e expences of damages and Fanny, captain BloomHiu againft all others whom it may"concern, for the carrying off and leizurc made by them of all the faid merchandizes from on board the faid American brigaiuinc Co lunibla, captain Green, in contemntof the dignity of the American nation r>«r,o ..* T>K:i„j„i_t.:~ :_ .^t,., h\ ^...r r^f thr- r"nnfidate of the 1 rench Done at Philadelphia, in the Chancery of the Confuhite Rep 'b- lic, the faid day, , month, and year a Citir.ens Martin, ORcr and Peter E: iigned the fame with us and the faid ai The minutes of the pr.lciit rem ntioneri rriere, r ivpearer .linint' i 1, in the prefoiK^: ol liX- nts in thiii city, who hive .'II' •r read the fame. Ciiaiicciv. .11 L ii ^.I A I r- K M I ■I m I c i: ' I. 54 J Examined hf us, Coriful of llie French Rcpuullc, at Pliiladi-iplua, tins l8t.ii Tulv, 1793,' 2d year of the Republic. , ,,, .,;,.,, (%ncd) ^, ' ..), :fROis. . P U P O N T. ji" ii'j . F';.j,t) AijHto hri-'. ,TJ.'u liiH' <• b' CcrJifitd conformable to the origind. J „.,„,f,i 7.^,1, j;,^) ,.,'■■ T'^j /,'(? i/jf uwit-rngneri pajf.ngns on boa%d the galliot, the P^vulaor., Captain H'hittf hound fro}!! Jertinie ta Baltimore^ in tbejfatc of I'^aryland. Deci.arb— •T^HAT having failed on the night of the aifl May, 1793, we on the a3d, at -I three in xhc morning, met four Frenph frigates, that on» of them having fired a cum on, onlered u-- *o hoift out our boat, that one of the officers came on bonrd, crvaniined the papers of the captain of the galiiot, examined one of our j[\ifl"pr>rts, p.iidthen retired, teftifying his regret at having detained us. *ji;.i,. j. ''hat en the 25th, about fix in the morning, be'.nj; under the great Ina^iie, zvA Very c'uife to the land, we ilivv a ihjop who weighed ancl^or to tlic windward, bearing dcvn upon us fired a cannca at us and hoifted an Englifti flag, fent five armed men on board c i us, who rendered an account by a trtimpct, that the V!;fiel v/as ladca with coffee and cotton, and that there were feme negro flavcson board. Eiit at the moment there appeared two other veffels, towards Vvhich the j-rivjteer imn^ediately fleered, ordering us to anchor. Thefe two veflcls were loundalfo to be American, and were in like manner obliged to come to anchor. - V ih'rd appeared fome time after, and was likev.'ife ordered to anchor. The privateer was employed in viiltlng thefe three velTcls until four in the af- ternoon, during which time we were under the guard of five men, who prefented themfclves to jisaiiore lUcc pirates coming to fcizc their prey, than as privateers who have an intention to refpeA a neutral fiag, Tliefe men whofe coiintenanccj Jed us to believe theni capable of realizing the moft finiiler things, prepared us for an event which would at the fame time have _ injured u$, in making us fail in the objeift of our voyage* I'hey informed us that we w^re to bs carried into Jamaica. At four in the afternoon, the captain of the privateer came on board of us with ten armed men, they drove all the palTcngcrs out of thei.- ilatc rooms, vrith a naked fword in one hand and a pifcol In the other, appearing difpofed to proceed to violence, without the leafl cfir.rt on the part of their captain to cheek them. In an inftant all tlic cffc^Sls of the pafTengers were ranfacked. In vain did captain White prefent to tliem liis papers, and endeavour to flop them, they paid no at- tion and fcarcely looked at them. The rcp.cfentations of thefe hoftilc adls, ren- dering them Ail! more violent, they threatened thofc wlio endeavoured to rcafon with tliem. Tlicy broke the locks of the trunks withoirt waiting till the keys wore found, they raifed a part of the ph'.nk of the cabin, tii-'y rumagcd the cap- tain's trunk, tliey fotmd money there, i'eized it and gave it to one of their people to take care of. At the fan- time tltcy went to t.'ie forccullle, they broke open rvory t.irg that v.as loekcd up. 'lliey forced tlic partitions which feparatc the births, 'liic'y rut open a great quantity of collee b;:;>8. Having ho .vcvcr found nothing in this fcarch, nv.uk with thogreate{l brutality, wiueh falfifiod the aficrtion of captain White as to ibe property of the cargo, tbcy ippeaicil nuieh embarraffed at tJie part they fiiould t.ike with refpcJl to us. They in partic'dar made oltlrp to fome of thcAamen to dej)ofo agifinft the declarations vi cm* captain, tliey knt three of them on bor.rd the privateer, whom they endea- voured ecu.iUy, l)i;t as unAiccefbfuIly, to fcdure.. This vt.xiuioiis condu61 was interrupted by i;jght coming on. Tl tray be con- 'cived low-wc pa.Ted It, it did not to us appear probable tliat nv n who apprared to brcatlic nothing but pilbgc and robbery, would tallow this epportunitv tu •^^^"Ff .,,, . ,, , : , V ,.< . . .,; i '. r ., . 1-' i8iU I' 53 j On tlic artth, as foon as day appeared, captain White v/as railed on ho-xyd u\r privateer, where fcvcral difputcs arufc, in which foine wifhcd to havi the vdlci carried into Jamaiiu, others that the piffcr.f;ers with their eftcdls ilioulJ l>e put on board as priloners, and others that the captain's trur.k contaii:ing monry, flioiild be feized, others -in fine, that tiiey fnould I'cize the negro jlaves, or Liul captain White back whh a new dctachnaeat, who fhould continue to fcarch the eiTcds and vcffel. We obferved among this brutal and greedy hord, a man who not only difap- provcd the conduA of the others, but alfo appeared very mu'jh I'ppcfcd to the at- tempt which he faw them determined to commit in one way or another on neutr?.! property. This was the furgeon of the privateer, perhai>s he might have had fufficient afcendancy to hinder them from taking the vcffcl, but he could not doubt- lefs obtain every thing : at eight o'clock the privateer gave orders to the detachment vrhich guarded us, to bring off the negroes and return on beard. They at the fame time permitted captain White to hoift fail. He fet fail in order to go and reconnoitre twoveflels which were making for the entrance. Under thefe circumltances, captain White, as well as the paffen'.rers. Laving no means of reclamation, the former againft the hoftile proceedings of the priv:itcer, the latter againft the carryinpf off the negroes, could do no oilKrwIfe than folir.w their dclHnation, rcfr.ving to themfelves the privileges of their rcfpcbtiv^ rights ii^^ainft this jiiracy. ^!everal men belonging to the privateer, have given us information relative to this veflel, and the captain by the paiticular intormation of "the furgL-on. 'I'he veffel is called the J'^ffplj and Aliry, of KIngfton ifland of Jamaica, co'nman.ocd by David Ha;ria, owners M. M. Allen and White, captain H-rris :,pp"r.rcd to 113 10 be a weak, indecifive man, without charaiSler, having no auth.-,rity over Jiis crew, and we c.;nnot hcln thinking that in this rencounter, at the m Tcy of a crew <:f lifty or fixty men, the nioft of whom eager for plunder, without any fubor.llv! 1- tioH, the veflel, our pjrfons and our piuperty, have been in tlie greateft di-uigvr. Done on board the galliot called t:>c Regulator, captain White, the 7th Juue, 1733. ■ SIMON WHITE, Ca/tJ-u , LEWIS J E V/ E L L, nhja: PfTnn NoDVEL. "^ ChOUOUET DE SAyAnE.\u, (^ C3 '.STi: Stuif ft' tue Uuitc:! SluiJU f Trance, iSVi-.-r.'./rv ojr I'l' > -f ■ Sir, I RECEIVE daily new compla'nts on the i^ifult^ \vaiv.h t'le En-i^l'Hi arc p^?a^l•d to commit aj^ainfl tiic fl;'.g of llie United Sfatr-s, the papers hf.rc inclnfifl v,';U prove to you ihat tlu f''V'.'rei;,;-niy of your country is viohtci v.'ith impunity, not by the legitimate exercife whi'li we l.avc, thoi:i",ht ji'^oper to rie!:.: of foinc rlj^Iit* ynnited to os iiy treaty, but by tin- r[.cIii'.tion, ti.e T'i'""';rei tJ;C \k\A tr(M*-iii'. ;it exer- t'.fed by our enemies iii conteirtpt :)i" your luxvs, ami even ruder fh -.'.(.w cf the figns ot' yoiirfovt|ei;vnty. On all the leas an iiudaciruri pl'M>"y, pnif.t* ceii In your vellels French properry, ar.d aho ll.at of the Anie-ic.u.s wi:end.Uii:-.'i for our ports — y(,ur uolitical rights are coiinvv:'. for n ojiiiiig : li; v.'.ir I'o the jir'i ip!.:? of Deutiality eitabiilh, tluU fVieudly v;.'!'.'. :;i..Le fiiui.Jly i.uu,'!o : ia v./u:, i.r, lioea CfL I B^ Wit 1 [ J4 ] &e Prcfictcnt cf tlie Unitec^ Rtstcs, cnc^cavour, hj his prtclamztion, to reclaim the obr vvutioii of this mrvisn ; in vain does the define of jjrefcrviri;^ peace iead to factificc the Interells cf i'rar.ce to that of the n^omciit; in vain d-cr- the rhirft of rich.cs proj onckratc over honour in the political balance of Ameriia : all thi» management, all this conckrctnfion, all this hvmi'.ity, end in nothing ; our cne- niicB laugh at it ; and the i rench too confident, are jninifhed for Iiaving believed tliat the American nation had a flag, that they liad feme refpecl- f<-'re carried into P.'-oviaence where they remained only eleven d;>ys, ill a fouith <,T a dollar per day, at the end of which time tliey were fet at 1. ;icri V .icCwU'e t!.e i..i;iu i."^' \n to w nt proVif.en-^, ind that thtv were then; ir too great numbers. The declarer had put en l.oard on account of fundry perions, and to the hearer of the bill of ladirg, feven hc" ftcai'.s, twelve tierces and fil'ty- tliive l-ckioi" c f;ce ; lig't large and four fmall baiis ef cotton, and twelve nuar- ters of Aij.ir, which the American rapta'ii, whrmt he (iippofes to have been gained id pert, declared •n-er, i^s we!! a"-ion-.e e.r.ers o; tnole v.l.o v.ere carvied into ti: to be Fj-rnch rrort '-tv, V- J: In fei^imes'.y 'thercrf, the Tiid apprarer has Ggned the prefcnt with us, in y L.diVV. Vil .'.^ two ;rf! ■-'. witncUes. ♦•••-'I'M ' OrOL; •.7;.!; i.h Ro;rr;;:n, bi:.'ET osTiR.ar.d Fr( iUrONT C E ilMlf i reclaim Pace iead the thirfl: : «I1 thii our cKc- ', believed Iicir laws, icir digni- ty at this reflion of ^meric.dis ft confine ■e» which from my ivcninu-nr zi\ nation It is then their pro- ey fuhmit Zens have y of your render it. E T. public, at 1 la Rouf- larcil to us an brigan- incr to Mr. ii the I4lh er havinj;^ Tci's bting ; they had that they key and in a cruel nly ileven vere fct at then:! in •y pcrjoiji, and fii'ty- elve niiar- L'fn piiiuil t, dtthatd ilh us, in R, ar.d K T. [ 55 ] T tain I'erktns, bonnfl tor ^'ew-York, they were vifited m clearing the entrance of /rnagru; by an linglifn privuteer, armed by Monfieur Moz, merchant, ofNalT-iM, Providence, who made them prifoners, and carried them into faid place. The un- derflgned wsuld ha\rc avoided expofiug their fortunes in time of war, had tliey not counted on the inviolability of treaties of neutrality, which fliould naturally gua- rantee all propirty on board of a neutral vcffel ; nctwithrtanding this coniiderat ion was frequently urged to the privateer, he plundered us of a^o.ooolbs. of coffee, be- longing as well to us as four other paflengers of the faid brig, obferving that we were a good prize, a£ccrding to a paper called a proclamation of General Wafiiing- ton, cenveying, in fub/lance, that the property of fubjeds of the bcUigercat power* might be taken on board American veffels. In Tefduiony whereof, v.-e have depofitcd the prefent declaration in the r C hanccry of the Confulate of the French Republic, m order to ettablifh our right at a proper time and place. New-Yoiik, the ZOth July, 1793* .•. ...r t . ',' ' .• sd year of the French Repuklic. Signetl in original. Merles and M. Sarrazln Guel Vc. le Sieur, Boithon, 1 and Lamarque, par uiain d'emprunt. Certified to be conformable to the original depofited in the Chunccry of the Coa- fulate at New- York. ' , . -.,....,. ,M,, .. GENET. Copy of a Letter to Citizen Genet, from Conyn^ham Ncfb'itl and Co, PUILADELPHIA, July t6il), I79,v Sir, ••• '. .- ' f. ■■ - , . ■^ ' WE have juft received advice, that the fliip Sally, captain Grifilth, loaned by us with flour, from Baltimore for Havre, is juft returned to faid place, after having been captured by a privateer, and carried into Guernfey or Jerily. The protefts and papers will be fent us by the ncxtpoft. The captain further informs, that they had alfo captured the Ihip Columbia:, of Baltimore, having on board ihc French minUler drove from P! lyg after, Mr. Genet told me chut M. de Ternunt hid delivered him my htJer (f M.iy 15th, he fpoke fomcthing of the cafe of t!ie Grange, a'.id then of the armament at Chariellon, explained the circumftanccs which had led liim to it bcfor;' he h^id been received by the Government, and ccmfnlted its v.'ill, exprcTcd a Iirpo tli.it the Prefident had not fo alfolutely decided ajainft; the meafure but that h.e would hear what was to be fuid in fupport of it ; that he would write me «t letti.r on t!i« fubjecl, in whicli he thought lie could jnftify it under our treaty; but ih;it if t'l-.: Prefident Ihould finally detcri.iiuc otherwife, he mufc fubmit : for that afrurediy hi» inuruclions were to do vi^hat would be agreeable to us. He accordingly wrote the letter of May 27, the Prefident took the cafe a^avi into confiderniion, and found nothing in tliat letter which could fiiake the grounds of his former decifior,. My letter of June 5th, notifying this to him, his of June 8 and (4, mine of the 17th and his again of the zii\, will iliew v.hat further pafied on thi. fabjefl, and that he ^vas far from retaining his difpofition to acviulefce in the uitiinate will of the Prefident. , It would be' tedious to purfiie this and our fubfequent corrcfpondenclcs throrc;h •all their details, y Referring therefore for thele to the letters themfelves, which fnall accompany this, I will pvefent a fummary view only of the pointj of dhfcr-. cnce which have arlf:n, and the grounds on which they reft. ,, ' I ft. Mr. Genet idfei-ss his right of arminf in our ports, and of cnliftinj our citizens, and that we have no riglit to ivftrain him or punilli them. Examining this qup ftiou under the law of nations. Letters, June 8. S2. I. May 37. fcund'.'d on tiie general fenfe and Tape of mankind, we have produced proofs from the mod enlightened and approved writeri on the fubjecT:, that a neutral nation nnift, in alj tliin.^'s relatin^j J. 1. •»V4.^Q j.,^^ .^^j.^ obferve an exai5: impart iiility towards th; parties ; that favours to one to the prejudice of the otlier, would inij.ort a fraudulent neutrality, f which no nation wou'd be ti\e dupe ; that no fucioir il'.ould be j;-iven to either June 17 VattcU f. 104. ry, without its confent ; and he who does, m::ybj rightfully and fuverely puniflied : that if the United States, have a rl;.;ht to rcfufe the pcnnillion to arm v>.T;'eh an^ raife men within their ports and tcrrii.uiies, they ai-o bound b/ the la-.v. of neu- trality to exercife that rio lit, and to prohibit fucli avniament ■■ ami ;:!iiilmj:iy allowin;; it .' For that would have put an end to all further quellion. The words of the artieh; ;ue, " It fiuU not he lawful fur any ^j.ei"!! ' rlvA!eev5, ugt bvloivin';- to rub'-^eii of tuc Moll Chuhiau Kin;j-, uqy '/ I'U' :, ! •i 4' \ n M [ 6« ] fitlzcns of the fulJ United States, who have ccnv-nlflions from any prince of ftite in enmity with cither nation, to fit their fliips in the ports of either the one or the other of the aforcfald parties."' Tranflatc this frcm the f;eneral tcrmr. In which it here Hands, into the fpccial cafe produced hy tic prelcnt war. " Privateers not belonping to France or the United States, and having ccmminions frcm the enemies of one of them" are, in the prefcnt flate of things, " Eritilh, Dutch and Spanifh privateers." Sulftituting thcfe then for the equivalent terms, it will (land thus, " It fliall not be lav.ful for Eritifh, Dutch or Sjunifli privateer?, to fit their Ihips in the ports of the United States." !s this an ry/u-ffs permifhon to France to do it ? Does the negative to the enemies of France, and filence as to France herfclf, imply an affirmative to France ? Certainly not : It leaves the qneftion, as to France, open and free to be decided according- to circumftanccs ; and if the parties had meant an affirmative Uipulation, they would have provided for it exprcfsly ; they would never have left fo important a point to be inferred from mere filence, or im- plication. Suppofe they hud dcfired tnriiipulate a rcfufal to their enemies, but no- thing as to thomfclvcs ; v.-h?.t form of exprcffion would they have ufcd .' Cortain^y the one they have ufed ; an esprefs fciouhition as to their enemies, iind filence a$ to themfelv'js. *''And fuch an intention corrcfponds not only with the words, but •with the circumilances of the times. It was of vabe to each party to exclude it» •ncmies from arming in the ports of the other, and could, in no cafe, eniharrafs them. They therefore ftipuUued fo far mutually. Tut each might be embarrafied by permitting jhe other to arm in its jiorts. They therefore would not ftipulate to permit that. ''Let us go hack to the Hate of things in France when this treaty wat made, andvv^e flii'll find feveral cafes, wherein France could not have permitted us to arm in her ports. Suppofe a war between thefe ftates and Spain. We know, that by the treaties between France and Spain, the former could not permit the enemies of the latter to arm in her ports. It was honeft: in her therofore, not to deceive us bv fuch a fllpr.lation. / Suppofe a war between thefe ftates and Great- Eritnin. By the treaties between France and Great-Britnin, in force at the fignaturc of ours, w--? could not have been permitted to arm in the ports of France. She c£)uld not then have meant, in this article, to give us fuch a right. She has mani- fcfted the fame fcnfo of it again, in her fubfcquent treaty with England, made right vffars ufter the date of ours, ftipulatlr.g, in the l6th article of it, as in our *cd, that foreign privateers, not bcin^f.hjcfh of either ers^yn, fhoulc! net arm againft cither in the ports of the other. If this had amounted to an affirmative ftipnlation, that the fubied^f of the other crown might arm in I'.er ports ayainjl u.r, it would have been in direct contradidlion to her 22d article with us. So that, to give to thefe negative Hipulaticns an affirmative cffotft, is to render them inconfiflcnt with each other, and with good faith : To give tliem only their negative and natural effed, is t-: reconcile them to one another, and to good fait|i, and is clenrly to r.dopt the fciifc in which France 'herfelf has expounded them. ■' We may juflly conclude then, ih,;t the article only obliges us to refnle this riglit, in the prefent cafe, to Great- iiriiain ai:d t!ie other enemies of France. It dft-; not go on to give it to Fr-mce, rjthjr c.vprcl'-.iy or by implication. We may then refufe it.* And fince ve arc hound hy treaty to rcfafc it to the one pr-rry, ar.d ;;re free to refufe it to the other, we arc boi'nd by the laws of reutrality, to refufe it to that other.^The piding either party then, with vclfv.! :, arms or men, being unlawful hy the law of nations, and net rendered'awful by the treaty, it is madt- u (^ucfiion, Whctlitj. our citizens, ioining in thefe unlawful enterprizes, may be punilhed ? The United States, being in a itatc of peace wltli moll of the belligerent powers by treaty, and with all of them hy tiu: lav>s of nature, murders and robh^Ties, committed by our citizens. Within (-ur territory, or on the hi^h (lao, on thofe v.-ith whom we are fo at peace, ;.n, punifiiablc, equally as if coinmlttcd on our own inhabitants. If I r-'':';)it venture t© rcafiyu a little f.;rmally, without being char;;eii with running into ♦' fubtleticsnnd apforilms," I vould fay, tl.at if cnc citi/en h;.s a right to g" to wr.r of his ov. n »utl::;ity, every citizen hfs the fame. If evury citizen l-as that right, then the IIIUaui ^which is crrr.pcfed of all its citizens) has a rijjht to go to war, by ih^ [ ii ] juthcfity of ItG indivldn?.! citizens. Biit this is not tm;, eithsr on the r'.ncnX principles ox'" focii ty, or by our coiiftitution, vliich j;iv':j thut power tu cono-rt »"» alone, and r.ot to the citizens inflividually. Tl" n the firft pofition v.':;5 rot t'rur ; snd no citizen huR a ri}';ht to go to war of liis on'n authority ; and for v/hat lie docs without ri^ht, he ought to be punlfhi.-d. Incloeil nothinj; can b;: niore obvi- rufly abfurd, than to fay, th;it :\11 the citizens may be at war, and yet the nation at peace.,' It has been pretended, indeed, that the cngagcme!'-. of a'citizen, i^i ?r. euterprize cf this nature, was a divefinicnt of the charadtcr of a citi/en, and a transfer of jurifdiiSlion over him to another fovereign. Our citizens jtc c-rtainlt free to diveft themfcives of that charaifler, by emi;:;rafio'i, and other aits r.ianifeft- ing their intention, and may then become the fubjetfU of another power, and frcir t o do whatever the I'ubjoiis of that power may do. But the kiws do nor ad- mit, that the bare comminion cf a crime amounts cf itfelf to a diveftnicnt of th« characTier of citizen, and withdraws the criminal from th-'ir coercion. Thev woidd never prefcribc an illegal adl anioiij^ the lejral modes by wliich a citizen mijjht dis- franchife himfclf; nor render treafon, for inftanec, innocent, by g^vinq^ it ths forrc of a difiolutlon ( f the obligations of the crimfnil to his country.' Accurdir.cir, in ihe cfe oflicrficld, a citi-ieu of thele ftatcs, charged with haviilg engag.-iu, in the port of C'larleilon, in ?.n er.terprize againil nations at peace witli u,;, und witli having joined in the u(ftu.d commifTion oi hoflilities, the Attorney (General of thr United States, in an "fficial opinion, declared, that the ".ci, with which he was charged, w;ispnni{liable by law. The lame thing has been unan'moufiy declared by two of the circuit courts of the United States, as you will lee in the charges of Chief Juflice Jay, delivered a'. Richmond, and Judge Wilfon, delivered at I'J-'ila- dclphia, both of whieh are herewith Hut. Yet Mr. Genet, in the mornent he land* at Charlefmn, is able to tell the Oovernor, and continues to afiirm in his corref- pondence here, that no law cf the United States authorifes their government to rcitrain cither its own cltizex;s, or the foreigners inhabiting its territory, from \van-ing agaimc the enemies of France. ., It is true, indeed, tht'.t iu the cife oi Fien- field, the jury -.vhieh tried, i.hfolved hitn. But it appeared, on the trial, tiu:t the crime was not knowi:igly and wilfully comrnitted ; that Heni'ield was ignorant oi' the unlawfiilnefs of his urd'. !"t;;lilng ; that in the moment he w.'s apprifeJ of it, h: ihewcd real contiition ; that he ]..\A re:ide;ed mcritorlou3 fervices during the late war, and declared he would live and die an American. Tlie jury therefore, in abfolving him, did no more than the conRitutional anihority might have done, had tliey found himgudty; the conftitiition h.aving provided for the pardon of offence* in certain cafes, and tliere being no cafj wh.ere it could have been more proper than where no cffcnce was contemplated. Henfield thcrofo'-c was ft ill an Ameriran cirj. /en, and iVIr. Gene;'s reclamation of hu;i, was us unau'' .orifed as the iirll cnliilment Ci Ir.m. I ad. Another do.^rine a-'vanced by Mr. Cenct is, That our courts can take nn fogur/.auce of queftions, \Vhct]:cr velfels /vA7 /.^y f'j^'hs as prizes, are lav;ful prizes or rot : That this jurifdiLlion belongs exclufively to their conudales liere, which have been lately crcdled by the National AlT^mbiy, into complete courtuof admi- r^hy. Let us consider, fiyfl;. What is tlic extent of the jurifdivTlion which the coniulatns cf France may rightfully e;.'cre"l-.' h'.re. Every nation !)an of natural right, entirely End exclufively, alj tlie jarifdit'^i-on which may be rightfully c;:ercifed in the territory it occupies, if it cedes any portion of tiiat iur;iUi(!'tion to judges appoitued by ano- ther nation, the limits of their power mail depend on tiie inftrunicnt of ci'Ilioi. The Unlt-ed States and Fran'^e have, by their confuhir convention, given mutually ;> their confiils, iurifdivffir'n in certain c.'.fes fpceialiy enumerated. ]>iit thiit con- vm^i - - - - in th !;iv.'s to nci' i.er tlu: power of eil iliIiniingcon;plete courts of admiralty with- n the territory of t-ho other, nor even of deciding the particidar qMedion of prize or i 't ])ii/e. 'J'lie coniulate« f^f Fr:'nce then cannot ta?-e judicial coguizaneo of thofs tu'itions here./ Of this oninion Mr. Cenct was, wluui,. wrote his letter of May O i ,i •; ; t.'). V, here!'; r.e. prer-i'-'c.-. ,c ecrr(;o\ the error of the conful at CIv.irlcrcon,of whom [ 'i ) I ■fr 'i ( ; ■ In my letter of the X5th, 1 1;:'.J ccmplainec!, as arrej;?.ti'.ng to himf^lf that j;irIAline of tho fubordin -.te fcurto of admiralty, bus been of opinion, in the firft inllar.cc, in the cafe of th'i fiiip V.'iiliam, that it decs not belor.g to the judieiar/. Another, perhaps, in':y be of a contrary opininn. The erl to ti..j court, oflaftrelbrt, will decide it finally. If, tinully, the judiciary Ihall deck.re, that it does rot belong to the <:i\,il authority, it tl'ii.n refults to the exceudvc, charged v.'ith the dircC>io!i of tlu; rrU-i^iry f(n-ee of the unlcn, and tlie cor.dudt of its affairs with foreign natien:. •'I i;t this :;; a mere quellion oi internal arrangc- HiMi'.i additional port-holes flopped, ;Mid her mjans of n':,fenre reduced to be exivilly the fame at her drpa»-ture, as at her arrival. Tliis was done on the general prin'-iyle of allowing no party to arm within our ports. / 4th. Th; i-th article of our treaty leave, armed v.jffels free iocmlui, whither- ,.:> foevcr they pleafe, the fhips and goods taken f-oni their enemies, \vithout paying ' any duty, and to depart and be ronduiited fretly to the places eKoreiTcd In tKeir commifTions, which the captain fliall be obliged to Ihcv/. /' it is evident, that thij article does not contemplate a freedom ic Jl-ll tb.-lr prizes her,' \ but, on the contrary, a departure to fomc other ]>lace, always to be exprefled in their commiiiion, whcr- their validity is to be finally adjudged. In fuch calc, it would be as unreafonable to deniiind cluties on the goods tlicy had takc:i from an enemy, as it would be on the cargo of a merchant vcH'el touching in our port-, for refrcfhiacat or advi.es. And ag.iinR this the article provides. ,-' "ut the armed veiTcls of France have been alio admitted to land and fell their ^rizc goods here for confumjiticn ; in which cafe, it is as reafonable they fliould pay duties, as the ";onds of a mercliantman, landed and fold for confumption. They have, hnv/.jvcr, dotnanded, and a.s a mat- ter of right, to fell them free of duty , a right, tiiey fay, given by this article of the treaty, thougiithe ariicle does not give tl.c right to fell at rII. Where a treaty- docs not give the principal right of felling, th : adiiitiond one of felling duty free, cannot be given ; and the law?, in admitting the principal riglit of felling, may- withhold the additional one of felling duty iVee. It muft be obferved, that n:? revenues are raifedalmoft wholly on imported good^. Suppofe prize goods enough Hiould be brought in to i'upply our Vvfhole confumption. yVcconliiig to their coii- fliiuSion, we are to lofe our whole revenue. 1 put the e::treme ca'V, to evince more extremely the unreafonablenef^s of the claim. Pat tiiii fupplics would af- /«tl ilie revc;ivic but partially. Thsy wcuid kiV;n the evil, but .io: trc rrror, of U' n >',! 'i! U m n i h r. L 64 1 tihe coiiftruAion, And T believe \\c m;iy lay v/ith truth, that iicithfr p^rfy h..d it in coii'emplation, when jn.-iinint'j thi* article, to ab;in be prevtr.t'.d by r.s. /On the contr.iry, we fuppoC: it to have hce.T !ni:g an cftuhlUhccV principle of the la\s' of nations, tliat the goods of a friend arc free in an enemy's vciVehr.r.d an encn-y's goods lawfiil prize in the veflel of a friend. /I'hi inconvenience of this pr:i;:iple, -which fuhjc(fts nierchant-vcnels tn he ft.oppc5 at fca, fearclK'd, ranfackid, led rut of their cniirff.has induced fevc- rul nations latterly to itipidr-te apahjO it by treaty, and to fubfl-itntc another in iis ftead, that free bottoms (lull niiikc frcp ji;oods, and enemy hottcins, enemy g-oods; a rule equal to the other in ]n!i:jr of Icls and gain, but lefs opprcflivc to commerce. As far as it has been introduced, it depends on the treaties ftipulatiii;^ it, and formj exceptions in fpecial cafes to the u;eneral operation of the law of nations. We have iiitroduced it into our treaties with I'rance, Holland and I'ruflia ; and French ^M)od» found by the two latter n/itions iu American bottoms, are not made prize of. It id ourwilh to eftabiiih it- with other nations. But this require* their conltnt alfo, 13 a work of time^and in the mean while they have a ri^ht to aft on tlie j/tne- rai principle, widmut giving ty us^ or to France, c^ufe of complaint. "Nor do [ lee that France can lofe by it on the whole. For though Ihc lofes Lrr goods when found in our velTels, by the nations with whom we have no treaties, yet fhe gain* cur goods, when foii'id in the vtlfelfcof the lame, and all other nations: and wc believe t'.ie latter mafs to he greater than the former. It is to he lamented, indeed, that the general principle has operated fo cruelly i)i the dreadAU calamnity which has lately happened in St. iJomingo. The milerable fugitives, who to lave their lives, had taken afylum in our veil'els, with fuch valuable and portable things as could he gathered in the moment, out of the allies of their lioufes, and wrecks of their tortuTies, have he« -i plundered of thefe remains by the liccnfud fca-rovers of their enemies. This has fwcUed, on this occafion, the difadvantagcs of the general principle that ' an enemy's goods , ire free prize in the veffel of a friend.' But it is one of thofc deplorahl'- and unforefcen <.alamities to wh'.h they expofe thcmfelt^^s who enter into a ftate of war, furnifhinj;^ to u-: an a\. ful lefTon to avoid it by juIHce and moderation, and not a eaufe or encouragement to expofe our towns t-'i Uie fume burnings and butcheries, non/" complaint becaufc wc do not. , 6th. In acaft. lik die -.M'Tent, when; t^.~ tt'.!!...aiary fif one government conftruct differently from that i.0 wh'ch he is fent, the vreaties and laws v.hich are to form a common fulc of adlion tor hjth, it would b nlu^ in f^-'ler to claim an exelufive right of conftrudlion. .'' Each nation iras ^n >. ^ual rifht to expound the meaning ot* their common rules ; and reafon and ufage have ettablilhed, in fuch cafes, a con- venient and well underftood train of proceeding. It is the right and duty of the . foreign miliionary to urge his own corjlrudlions, to fupport them with rpafcns whick may convince, and in terms of decency and refperl: which may reconcile, the govern- ment of the country to a concurrence. It is the duty of that government to liften ro his reafonings with attention and cand^T, and to yield to them when jaft. But^t it fliall ftill appear to them tliat reafon :j:d right are on their fide, it follows of ne- ceffity that, cxerciiing the fovcreign po>vers cf the country, they have a right t» proceed on their own conllruiSiojis and conclulions as to whatever Is to be done within their limits. Tlie miriftcr then refers the cafe to hi^ ^^wn governmeii:, afks new inftrudions, andjn the m^-an time aequiefcd in the autb~.rity of tb country. His government examines his conftrudions, ab-indons ther.:, if w^ong, hififts on them, if right, and the cafe then becomes a matter of negotiation be- tween the two nati ns. '^Ir. Genu, hov.ever, alTimies a new and a bolder line of condu.l.v,n to be tXLtvilLu within their territoiy by foreign ag-nus, he undertak-'s to up \old that cxcruk", and to avow it o;) 'nly. The privateers Citizen Gt-riet and Saus CuloLtcs, having been fitted out at Charlefton (thoti;;h without perinilHon of the i^jovcrnnien', yet before it vva* forbidden) the Prelldent only required they might leive cur po;t4» Imd did not interfere with their prizes. Ini^ead, howi'\ er of their t|uittm^ oin* ports, the Sans Cvdottes remains (till, ftrcngthenln^ and et^uipping lier'l-!f, ;uid the Citizen Genet wait out only to ci-uize on our coalt, and to bruve the authority of tht country by returning into port again with her prizes. Though in the letter of June 5th, the final deterniimation of the Prefidcnt wa* coiiununieated, that no future armaments in our ports ihould he permitted, the Vain luci'.r de la Bailille, was afterwards etjuippal and commillioncd in Charieilon, the Anti- George, in Savannah, the Carajnagnole, in Delaware, a i'chooner, and a iloon, in Bs)lton, and the Polly or Republican was attempted to be equipped in N-w- York, and was the lubjefl of rechunation by Mr. Genet, in a llylc which ctr- tainly did not Uolc like relinquifliing the praftice; The I,;ttle Sarah or LirrL- Democrat wa« armed, equipped and manned, in the port of Philadelphia, under the veiy eye of the government, and as if meant to inliiit it. H.ivlng falleri down the river, and bemg evidently on the point of departure for a cruize, Mr. Gcn.t was dehred, in my letter ot July isth, on the p;u't of the Prefulent, to deraiu her till Ipme inquiiy and detenninatiesi on the ca!e fliould be had. Ye: v;it!un three or four days after, ftie was fent cut by cjrders from Mr. Genet himil-lf, and is at this time cruizing on our coalls, as appcnrs by the protell of ihe mailer cf one of our velTels mil-treated by her. / The govcrmrient thus inlultcd auLlfftt at defiance by Mr. Geiiet, coiminitttn5nicnlary fhall be made. July 9. ' Lcs prir.cii)i.s philoiophiijufs pioclamces par k i'lcfidcnt.''* June i J. f i AS Gpiiiions piivctb on pubiiijues dt- M. ic Pix-iidtnt, ct cttie (gk'.c lie piaoilUnt pas I'ul'rulrritc." j- Juiie 2 ?. . < Le gouvLiTcn-ient fv*kTaI s\{l tnipitnc, poulll' par jc nc !\r.ls quelle infliitucc/r June 2 i. ' Je ne puis r.ttrlbr.( r des deniarc!;cs dc ccttc nature tpi'a. dcs imprtl- lijr.s etnuigeres doni ie tcuib et k verlte tr;oiiipncroiit."|| Juiii aj. ' (■n poviriul'. luec acliuinenxn'i, cii vciLU.dts inlli uifliors de M. 1« rrelidcnt, Jes arniateurs I raiA^aih.'^ JuTiC j+. ' Cc rel'us tcnl a p.rconn llr !e fyfitn'.c infcrn; 1 du loi d'Ang'.-f'nr, ct d(.s unties rois j js accuu.;)lice;;, pui.r iuiic pLiir pui" iu iunaiiw ie!> ivpublie.'.lii* Frar.ijais avcc J.i lil:cTle/«[] s Juix' 8. ' La h'.clie aL.'ndon de fes iir.is.''-''* July Z5. liu vain 1^ dtih" de con!, rwr la palx fait-il fr.crlfier Ics intcrct* de la France a cet inteiet Uu jncnient ; en vain Ic Ibit dcs ricluifes l\ir,poUe- t-cllc uir 1 hunntatr diii-ib la bah.ncc polituiueclc rAmtiique; toui; as nienagcmens, route tttte condtlcer.di;nce, louiecette iiuvuibic n'aboutiiient iirien ; nos ennmi;., tn rient, et lei Fran(;ais ticp confiants lint ji)pyej/.ci:s, o-ver fidid' tliKC uhJ tiuih iiih trinn'^h.^ ^ ' JLyfiirjue iiiih t\:ge tl:t Ireiifh fn'Z;m\'i:rs by the crM ry of tie Prcfntcnt," \ • '7/i.r i-ijufal leiul! to aaat.piijb the iiijuti,ul(\jhinrj the Kij:g cft):gh:nd cndof the otter Ki.-.gs, hh iXi.cr.llh'Sy to djhcy by Je^h.iue lre„eh Jul/hui ami freidom.'' ** * The eo--iirJ!y iihcv:da:Ku\'.t of the'ir friends.'' f f ♦ In 'veiin //w iLjire to fyeftr-ce ^ea,e leads you to furlfee the interests of France to ibis interest oj the inomuil \ m --lc-.vi tbe''tkirst of ruhts j'rejondcnitt s cgednst honu' in the tcfi.icd hedtuicc cf America -^ idl this '/nc:n/ii>en:eni, nil thefe ccndiJ'an'ioHs, all uis l,t;niiii,tu//, ind in noihing Our itu/niis uu:gb eU it, and not rf Rearing * Jj ourjcltoyj-eitizins hune bioi decii-jt^i, tjycu toe not tn a eondiitcn to fmin!' Ir.i.'i the fo'uereig.ity oJ your puple^ ffeedk : nve'hci^e gUiD-uutiid ii ■vJxu ^xe •iuc^ Jtenes, lie hnsu: hi-iv-dt iviid.r o'.li a rcproiicli, wliich it 's hojwd will never ifiin tl\f hiltory of either./ The written proofs, of which Mr, Genet was himlelf the bearer, were too 'unequivocal to leave a doubt that the French nation are conitant in tbcir frit r.ddiip to uy. Tiie reiblves ol their National Convention, the letter:; of (lieir Executive Council at- teft this rruth in terms which render it ntcelliiry to ferk, in iome otbsr hvpotl^e- fis, the iolutionot Mr. Genet's m-»c!i'm;uions aralnll oiir peace and frirtubh'j>, '^ Confcious, on our part, of the fame friendly and linccre diipufiticns, ws ci'n with truth affirm, both for our nation and government, that \y?. have never ortiitted a rtalbnable occaiion of manirefting ihem. For I v/ill net ccnliaer as of that c!i:uT. practice, or in that of other nations, as we belitve ; th : fpirit mr.ni*elkd by t'l;.* Jate grand jury in their proceetlings againft tho.e who hud aided i.he enemies of France with arms and implements of war } iheexpivllion of attaclnr.ent to hii nation, with whieh Mi-. Genet was v/eiconud, on hi;> arrival and journey from fouth to north, and v!ur long foib.earancc under his gro)s ullirpntions and cut- rages of the laws and authurity of our cotmtry, do not belpea^ tlie partlalitii.s jntinrftcd in his letters, /'^'^nd lor the'e things he rcw.irds us by entieavours t.» excite dilcord and diiiiult, between our citizens and thole whom they have en- trulted with their government; bef vvytn the diiii'nnt branches of om- gcven>- between our nation and hii. /init nor.e of thefe tilings, ve hope, wili nunt 'pe. »n and hu. /l)u be foimd in his power. That friia.milp which dictates to Ui to bear with ftiii con;'u6"t yet awhile, Icll the intcreit of lus nation liere fhfuiid futtVr injury, will haiten them to replace an agent v/hole dil'politions are fiich a milrepreient..? >on of theiis, and whofe continuance here ts inconldhnt with order, j.eace, rcfpeiil, ami that friendly corrcfptindencc whicli we hoiJc will tver \y>hi\'.\ betv/ecu the two na- tio!is. His government will fee too that r!je cali* is prclfmg. That it is impniliblc for two Ibvcreign and indeiwndent authoriti(.s to be going on w'ufrf.H our territory, jlt the iiuue time, with.out colUfion. Ttuy will rorciL-e tlu: if Mr, Genet per- fcvere-j m his p>rocccdmgs, the cenjiLquenccs wouUl be fo Uoiardouu to us, the ex- ample lb IpiumiUaLing und pv-rnie^uus, that wc may \y: fVivcd evcu to uifpuid his ■ t 6S J fi«^ioii8 bcforp a (licceffor can avrive to continue them. If our citizens hsvt not alie-ady been Ihedding each others blood, it u not owing to the moderation of Mr. Gtnet, but to the forbearance of the gcvemment. It is well known that if the authority of the laws had been relbrtwl to, to Itop the Little Democrat, i^s officers and agents were to have bfcn refiftcd by the crew of tlic yeHel, con- fiding partly of Araerican citizens-^' Such evcn^s are too fcrious, too p)fliblc, to be left to hazard, or to what is worfe than hai^ard, the will of an agent whofe defigns are lb myltf rioug. /Lay the calc then immediately before his government ; accompany it with alfurmces, which cannot be Itronger tiian true, that our friendlhip tor the nation is conttnnt and unabating ; that, tnithful to our treaties, we have ful6lled tlu-m in every point to the bell of our undtrftanding ; fhat if in ^ny thing, however, we have conftrued them amilsj, we are ready to enter into sandid explanations, and to tlo wiiateyer we can \k convinced is right ; that in oppoiing the extravagancies of an ag«?nt, wJiole charai^ter they feejn not lufTicient- Jy to have known, we have been urged by motives of duty to ourfelves, and juftice to others, which cannot but he a])provcc! by tholb who are juft thcm^ JiilvcB J and, rinally, that, atter independence and ielf-gov6nd you will, of courfe, fuggcft for this purpofe, that tht powers of Mrl Crenetbe renewed to his (uccefibr./ Since iny hfk, which was of the 1 3th of June, ^our Nos. 25, 16, 27 of March a6th, April 4th and 5th have been received. The public papers fent herewith, will give you tiie cun-ent news of the countiy. I havt the honor to be, with great reipeft and eitcera, « v •» . • r. Dear Sir, . :.; ■ Your moft obedient and moft humble fervant, T H. j E F F E R S O N. i I ■ 1 1 <■ ■ . I II II i 1 • '"T New-York, September 18th, 1793. ' " adyear of the French Republic, 03* aWiWiaiy/7'/(f, 0HtiKett Gene!, Miniftsr Plenipotentiary, of the French Republic ivith the L'Kitcd States, to Mr. Jefferjotty Secretary af State of the United States. ■ Sir, •pERSUADED that the fovereignty of the United States refides eiTentially in •*■ the people, and its repreitjntation tn the Con|fre!!S ; permaded thar the execu- tive power is the only one which has been conhded to the Prefklcnt o* ih.e Ui.l teJ States j— rpcrluadeil that this niagiftrate has not the ric;ht to decide qxiell.ons, the difcullion oi which, the coniiitution relerves particuhiiv to the Ccngrei^ ;— pcrfuuded that he has not the power, to bend exilting treaties to circuiT>l'arfl-ion of my father, then head of the bureau, the greater part of your laws and of the writings of your pvolitici".ns ; that {mcc that epoch, always luitldid to ihe cauie of liberty, I iiave rendered to the Americans, in the differcm emr iovmcnrs. I have had, all the iLn-victs which depended on me j and that, in fine, charged to rcprefcnt the French people, with tlie firft people wl;o have proclaimed the rid'.'.s of man, knowing how tai- our ancient frovern- inent had put liberticiile (li;ovver of the LTiiitetl States, has taken on iiim'elf to demand the recall of a public miniiter, whom the Ibvereign pople of the l/nitcd States h:.d received fraternally end recognized, before the diplomatic forms had been iuiliiled with reij)eft to him, at Philadelphia. <■ It is in the nar/ie of the French people, that I am fcnt to their brethern— -to free and ibvereign men : it is then for the repreientatives of tlte American peo- Jde, and not for a finglc man, to exhibit againlt mc an aft ot acculaticVi, if l lave merited it. A del pot may fmgly permit hinnei*' to demand irom anotlici- def- j)ot the recall of his reprefentative, and to order his exjndlion in calc o*'r>.'fulhl. This is what tire Empreis of Ruffia did with rel'peft to myfelf, irom Louis XVI. B»it in a free ftate it cannot be fb, unkis order he entirely fubvcrted ; miiel's th,c jpec/ple in a moment of blindncl's, chules to rivet their tetters, in making to a ,finglc individual, the abandonment of their moit precious rights. I pray you, then, Sir, to j)lace under the eyes of the Preiident of the United States, the de- inand which I make in the name of equity, to lay before Congrels for their ctircufTion at" the epoch when they fl\atl be ani'mblftU)y the law, if tho great events which occupy the Univer'.i', do not appear yet iufhcioit to liaiien their convocation, — ift. All the qucitions relative to the political rights of France, and the United States. — id. The different cafes relidting from our itateof war witij the powers of whoie afts of aggreiTion I have inlormed you — 3d. The heads of accufationwhicli tlicMinillerof the United States with the French Rc- piblic, is charged to exhibit againll mo, and againlf the conluls whole charac- ier is compromittcd and outragal, in the nott fcandalous niannfr, for having •beyed lliptrior osiers, which it was neither in their powei* nor in mine to r»- [ 71 J voke. In this crne^ation, Sir, I do nut conHJer tlie dii^iiiiy ofthc Ficncli nntioij as C'jDiproinittcd by the extruordinary poliuon in wljlch I fii' J iny.clf' ;ib v.cll ai the conluls, und I \\xvc tocutnpl:iia only of the form!* you iii.t erni)luyi.'l:iiiU» of a vewjr diitciXT.t nature trora tholii •.illegc\l agaiuil me, to cxhiUlt at-iMii:!: Mr. MorrisJ your AtiibalTaJor at Pario : but pcneiialed wjth a jult icntimtnt of io(pe>::t for the fove/eignty ot tlie American people, it reconiininded to uv.' only to make con- fi'-f.-ntial obfervations to you on th,: nectiiity of recullnig ihi'i Miniihr plenipo- tep.iiury, I'.ccu.ed by the puMic voice of faitj eil:uMii]»fccl, but not by the repre- icatitlves of the people ahcr a re^ijular cmjuiry, of having favored as mucli as he could, th^ counter revolutionary p.rojecls of Louis XVI, of comiiuiu'xiting to iiim memoirs, in which he advifed liim not to accept the conltitutirii ; of hav- ine; had no contieetioni but witii fufpil-^ed jicrfons j of liaving aiieited the greateil ontcmp^ for all thofe who ierved faillHiilly tlie cauie of the people ; of havintj' con bren the c'.umnel of the coun.els which condueLd La Fayette into th: prifo'.u ot PrufHa ; of havinr abuil-d the rci'peol or the French -people for th-; tnvoy of the American people, to facilitite more li;relv tlie c.jrr<'.j)ond>.nce and tl^e con- Ipir.'.ciea of ali its enemies j of hiving (iiewn nothin<.^ bur ill hum"ur in his re- lations v/lth ihe minifteri of tl\e French republic ; of hiv'tn.^ affected in writing to them, t,i . .i,>loy, in fpeaUing of tlie executive of the Uuiled Spates*, only the words '• in the name of my court,'" lb Ihoeking to republican t?rs ; oFhiv'iijj tk'nv.nvJed a p^illport t!ie loth Aui^ult, 1792, logo IntoKngf.m.! witii ihe Am- bafiadior of Geoi'ge III ; and oi having laid publicly, v^itn a tonlidrrire vvhii.h the prei'ent event jultifies, ihat if the embaHy of tlit rcpulihc (hoakl be ref elvcd at Phiiadtlphla, its cxilt.'nce and that of the republican confulo in Aineriea, would not be oi long diu-ation there. I have aheady mentio;ie\l to you. Sir, fome of thefe iinputat'ons ; bu*, as t have already told you, out of refpe£l for the ;'o\ereignty of elie United States, I thoiight I ihould leave to their wiidom, the care of taking menhires, tlw nult iuitable to reconcile their dignity with wliat their prudence niiglit lequire. Not doubting, Sir, that the juitice which I retpiire will W do!K- me, as well as my co-operators, I ought to inform you, that I am aliou-. to Inve printed all my correfpondence vvitli you, all my inltiudions, and all thole oi Uieconfuls, in order that the American people, wlioli; eifetin is iltarer to me thui iile, may . judge if I have I)eeti worthy or not of t!\e fraternal rctcption which it deigned to give me j if in ail my ollicial papers I have not exprtlikl my reTneot lor that virtuous nation and my confidence in the pmity of their fentlments ; if I !i:,ve infilKd on a fuigle principle, w'lich has not bevn fupported llnce, by decifiyns of the juries or triiumals of the country j if in aeling and in ex]n-dl!ng mylclf wiih the frankne.s and the energy of a republican, I have attackctl the conltitution i if f iiave refu'ed refpecf to a hngle law : in fine, if, in reclaiming v/ith all the firniiiei's which was prefcribcd to me, tl^e faithhd execution of our t'oaties, I have not endeavored to encourage the tetleral government to emph;y tlie cjily means, worthy of a great j-.i-ople, to prelerve peace and to enjoy the a.'van'^agf's of neutraii,ty — im ufeful ot)ji:i!:'t, not to be ot)iained by timid and uncertain nx-a- lures, by pn-natu.e procia.nations, which Item extorted by-lear, by a jurtial iiup.irtiaiity, wliich loiu'a your iriends without I'atislying yotir t ncuiies, Inu by anattiiuije iiiTa and pror.-iuiced, which appriies ail the powu-s that the veiy Kglilniatetlerueof enjoy int'; the iwtets of peace, has not mute yen forget w!ia' is' tiae t'» juiUce, to gratitude, and tiiat v.ithout C7ufaig 10 he neat.'^l, you may tui- itl public engageinen! j, eontrael^d w.th your irieiuU; in u inoiutnt v.'hea you were yoiufelvss in dangtr. I Will anuvci' more in del ail, iiir, at a proper lime, to yotn- violent diatribe j but it ei-ntains one fu'':t ca w})!cii f n\oit now give you expii'-n\tion«. Vou ,".v« •u.ivli; to njuoAiiU wc v/iUi luviiig 4r»«iii;ic>iiy j;ii'wii :.«JA:iy w»li^«:<5 jToccalin^;*! t It 1 a tone of colour-, v^hlch has induced a belief, tha* they ttid not know, in France^ titlitr my charafter or my manners. I tvill tell you the rcalbn> Sir : it Is that a pure and wann blood run* with rapidity in my veinn ; that I love pafilonattly my country ; that I adore the cauie ofliberty ; that I am always ready to lacrifice my lite to u ; that to me, it appears inconceivable, that all the enemies of ty- ranny, that all viiiuous men, do not march with us to the combat } and that when I find, an injuftice is done to my fellow citizens, that their interelts are not ef- pouled with the zeal which they merit, no confiderations in the world, wc|pld hinder Cipher my pen or my touguu trom tracitig, from exprefiing my pain^^I will tdl you then without cei en ony, that I have been extremely wounded, Sir, i ft, that the Pi^.dent ot the United States was in a hurry, betore knowing what I had to traninVjt to him, on the part of the French Republic, to proclaim fentiments, on which decency and fnendfhip Ihould at leaft have drawn a veil. sd. That he did not/ fpeak to me at my firft audience, but of the friendship of the United States towards France, without faying a word to me ; without anouncing a Cngle fcntiment on our revolution j while all the towns from Charlelton to Phi- ladelphia, had made chc'air lelbund with their moft ardent wiflies for the French Kepublic. 3. That he had received and admitted to a private audience, before ray arrival, Noailles and Talon, known agents of the French ccunter-revolu- tionil^s, who have fince had intimate relations with t\Vo members of the federal government. 4th. That this fiift magiftrate of a free people, decorated his par- lour with certain medallions of Capet and his family, which fcrved at Paris as fignals of rallying^ 5th. That the fidt complaints which were made to my piedeceiibr on the armaments and prizes which took place at Charlefton on my ariiva}, were in fa<5l but a paraphrale of the notes of the Englifli Minilter. 6th4 That the Secretary of War, to whom I communicated the wifh ot our govern- ments of the Windward lilantis, to receive promptly, fome fire-arms and Icme cannon, which might put into a Itate of detence, pofltflicns guarantiul by th« United States, had the front to anlwcr me with an ironical careleflhefs, that the priticiples eltabliflied by the Prelldent, did not permit him to lend us lb much as a piltol. 7th. That the Secretary of the Trealiiry, with whom I had a con- vcrlation on the propofitlon which I had made to convert almoft the whole Ame- rican debt, by means of an operation ot finance authoriled by law, into flour» rice, grain, ialtcd provifions, and other objeds of which France had the moft prcfling need, added to the refulal which he had alreaily made officially of favoring this arrangement, the pofitive declaration, that even if it were practicable, the United States could not content to it, hecauie England would not fail to conlidcr this extracidinaiy reimburlement furnilhed to a nation with which flie is at wai > as an aft of holtility . 8th. That by inltruftions from the Pi-eiident of the United States, the American citizens who i-anged themfelves under the banners of P'rancej have been prolecuted and arrefted j a crime againft liberty unheard of, ot which a virtuous and popular jury avenged with eclat the defenders of the belt of caufes* 9th. That incompetent tribunals were lufFered to take cognizance of fafts rela- tive to prizes which ti-e.ities interdift them expallly from doing j that on the acknowledgment of their incompeieinre, this property, acijuired by the right of war, was taken from us, that it was thought ill o|> that our confuls protelted ' againft thefe arbitrary ails, and that as a reward for his devotion to his duty, the one at Bofton was impriiontxl as a malefaaor. icth. That the Prtfiutut cf the United States, took on himielf to give to our treaties arbitraiy interpre- tations, abfolutely contrary to their true lenle, and that by a Itries o'f deciiioiij ^yhich they would have us receive as laws, he left no other indemnification to France, for the blooil ftie I'pilt, for the ti-calure Ihe diflipated in fighting for the in- dependence ot thcUnitcdbtates, but the illuibry advantage of bringing into tluii ports the prizes made on their enemies, without being able to tell them, i it!;. That no iimSrw is jv: givcii i© tiic awtiiiutivw gi the tlccrvs gf tlii. 2^*uo»ai Conv-ntlcn for cpeniafj our ticrtsi.;. tl;c two v/orlcUto t'v:" Ax:E,'can cit!:^<*ii», ■\n>i jr-rmitinir tiiC Tame iP.ivor.^ to U'.m, a^ to the J.'rc;i.:h citizens; ai\r.ri-ajjcs \rliiJj \Aill i-nifc-if ta.re be a C();;;ii.ijinci; tm ticat ;:3 \vu!i the l.'.mj iujuiitce. i;tu, 'i'l.it Iv: his cl.,fw-ri-ci in ipltc; oi" my rgfjiixHf'vI i:'.rii;u::t'o;is, to cojiv.i]:c Coan;ivL inub:- tlkUi.'v, T'l onkr to mt^e the truefcntini^nh. of ilic people, to fix the jKuiticul fyftcia of tiu' 'Ciutvj '■■'."a^rn, iticl tf> d/.I.b \v'n.t1ier tK-y \v"u .h:\.u''i, fi;!]|K-:iJ or ti;^hti^tt their I::-.nus Vvl;!! FruiCi:: an l^c.''"-.^. m':;iri!rc v.ji'ch \/au!:'I liivv.- uyuiileJ t) I'ic feck-ra! ^_')\Vrr.nient nuch corti':v\ii'^Ioli't:r>J! fuht'crruj;?, to hie ir,y:h pain .; A^' s^v- ;V-!i:. to ih-i loc::f '^AT-.-Timcnt'?, cmb--'.rmfri-,uT.ts, fo ;nud» fhc {.ri-iitcr, l^ tl' -f l'oiin..1 thciiiil'lvcs pi'.v ,'i„.tv.':'cn tr-nit'o^ v.l.ijh nrc I;uvs i.nil u-cinoji:) of thu t.-' tirra' rovn-nin-Tit, v.'h-L-h an: rc;t : in f.:;.-, to the tribi-.Tal", d'.itk? fcimuch thc,iA:iia puiiiMil to fiilH!, as t'\.'y h,-.v iiccn (jff.n •.itv'.or the nec^I/iy of ciiitvary to iiv* int.nt:'^:^ t4 the fx-vcTrnirnt. It rolults iVo'in al! thTc- f',-!)'?, Hr, ih;'t I nuld nt.t I '.it h,-; pn'oundly a'^o^-ecl wi'.h the con hull of the Fcd.'i't^l Oorer'.ur.pr.t towaviis v.i)' corr.tr;:, a ccr.du,'^!: fa contrary to whit the w'.U dftiidr fovprei;;n, to Vv'h:*t the prccccdinjs c,f m-n; f :\vo. nil' ffiifoii tv ty\H''\ : anJ tint if I have flievu frimie's, it is hecanfe it r.-aa iiiclifptijfahlc that r\y relilb'.ncc ihouM he rqnal to th.e rpjTcflir^::, to the injuflice, v.'hich were in oppnlitlon to the intercKS confided to me; it- ii, that it was not in my chare.^^lcr to Ipet-.k as meny people c'o, in ore wey, a'id ae: in anotlicr ; to ] 2\s an olficia! hingnr.jv, and a laiK:ua';e coiihdentJah 1 have dnm. ('ui^i-Iy my duty; 1 have defcuiiediuy j>;round, and 1 v. ill fiiirer no prccedci't a^truinll any of the ri^jjhtj .ifrad'.>r, a miniAer ol the antlent regimen, very Qomplaifant, veiy mild, well difpofed to pay his court to people in place, to coiif jrni himfeif blindly to whatfoever may flatter their views and their proje^Tis, and to prefer above all to the modeft and furc fociety of j^ood fanners, plain cil.;:.ciis, Iioncfi; artii'iuxs, ih.at of dlftingullhed perfonages, who fpeculate fo patriotically on the j'uhlic funds, on the lands and paper of the flate„ I know not if the rreucli republic can find for you at this day, fiuh a man in tlieir hofom ; but in all events, iir, I can afiure yn, that I will prefs very ilrorgly, itSi];overnmL,nt, io f.^nifue ir.t v.'lt'j.uit /.'^j'uiJi^;:^ if this injulticc ofTers the leaO- utility. ■" ' Accept myrefpc;!^s, ■■ ■ — '^ • GENET. ■_,...'. .1 Note. This letter was one nmon;; feveral others whieh wcrr received at the Secretary of ftate's office in rhiiadclphia, there formed into a packet, I'ept. 30, addrcfled to him, and forwarded by pofl to Virginia. IJy, fomc accident of tht poft, they did not get on to him in Viip;!nia, were returned t9 PhiJaCclphl.i, an^ lk«r* rscei-ved by liiai only tht ju *Ia^ of iJeceinbsr. \ ■:*,.. J J "I I "-■> . » .1 .^.1 1; -y':' 1 ,. J.: i #. t 74 1 PlIILADRLFBIA, X-/'tfmL-r 5/^, 17 J i- Jdi. yi-^'t.'rj'h'iy Setretui-y tj Sta!!, to .".//•. Hammond, Allnijlcr i'Uui^clenlijry of -- - •• Grcjt-Biiiuh^.- Sir, I AM iionorv'il wiihyour's ofAiiguft ;,cfh : luinf oftlie 7ih rT that month cil- I'urcd ymi, that mcai'iires were takino; for cxchidinp; from all further afyluin iti car j>orls, v^ iXcU armed in them, to cruile on nations with which we arc at pL.icc, und for the relloruiion of tlic prizes, the Lovely Lafs, Prince William Henry, and the Jane of Dublin, and that flionld the nieafures fcr niHtution fail in their efivH, tlie PrdiJeiit conadcrcd it as incumbent on the United Siatss, to make compcnla- tion for the veflels. We arc bound by our treaties with three of the hellijjcrcnt nations, t>y ,,•// I'e fvcaiis i/i cur f'otvir, to proteiit and defend their veiftls and cfifi^s in uur jorts cr waters, or on the leas near unr fliores, and to recover, and rcitorc the fame to the right owners, when taken ftom them. If all the means in our power are II (Id, and fail in their cffeci-, we are not bound by our |rcaties with thole nations to inakj conij>eiuUtliMi. / Though we have no'fimilar treaty yd(h Great-Britain, it was the opinion of ihc Prefideiit, that we Ihould life towards that nation, the lame rule, v/hlch, undr thii ..rticlc, was to govern iii with the other nations , and even to extend It to il,e captiircb made c/: the hhh fcas, and brought into our ports, if done by velleU, ■whli.Ii 3iad been anned within them. ' Having, for particular reaf(»ns, forborne toufe nl! tben^eans in o'/r poiviy, for the rtftitution of the three vefleh mentioned in my letter of Auguft 7th, the Prcli- tltnt thouj;ht it incumbent on the IJaited ^-'t3tes, to make rompenfation for them : and though r.othing was faid in that letter, of other veflels taken under like cir- cuniAances, and In-ought in after the -jth June, and irjlre ihi d,'!i (,f :I.at Ltt^-r, yet, where the lame forbearance hid taken place, it was, and is his opinion, that cempenfation would be equally due. / As to prizes made under the fame circumdanccs, and brought in nf/^r il: d,:U #/■ that htt.'r, the l^refideni- deternuned, that all the means in our power lliould be ufcd f(,r tlicir leftitution. If tliei'e fail, as wc IhouId not be bound by our treaties, to make eompenfatlon to the other powers, in the anaiujijous cafe, lie did not mcaa to |j-lvc an opinion, that it ou^ht to be done to Great-britain. But ftill, if yny cafes fli.iU ari'e I'uLfcqiur.t to that dat';, the circumftances of which iliali place them on iir.iilrr ground with thofc b^'crc it, the Prelidenc would think cuiu- penfation oqua^y incumbent on the United States. lnflru(5lion'; nre <';iven to the governors of the different flat -.1,10 ufc i.U the means in thcic p';v.'er, for reftoring prizes of this lail defcrlpiion, found within tb^Ir ports, 'i'hoiigh they will, of courfe, take mealurcsto be informed of them, and the general govcrnnicnt has givfii them the aid of the cullom-houfe oHiccrt. for this purpclc, yet you v/Ill be lenhble of the inipurtance of multiplying the chan- nels of their information, as far as fhall depend on yourl'clf, or any ptrfiiis under y.iur direction, in older that the governors may ufc tiic means in ihcir power, for luaking rcltitution. Without knowledge of the capture, they cannot reflorc it. It will always be bell to give the notice to them diredly ; but any iniormaticjii, which you fhall be pli.ilei to fend to me alio, at any time, fliall be forwardgd t« them, as cjulcklyas diiiumc v/ill permit. / • Hence you will perceive, fir, tiiat the Prc{i''^nt coutLmtlcfcs ;-cy?.V.i/,'a/j or «,•;> jjaififmn^ in tile cafes before the jth of Augu", and cfkcr that date, rifliiuthn, if it can be effeded by any means in our power : and (hat it v^lU be important, that you Ihould fublhntiate the facb, that fuch prizes t.re m ourpoits or watcr-^.^-* , Yourliil of tlie privateers illicitly armed in nur portj is, I believe, coxrCifl:— / With refpcA to loffes by detention, wafte, Ipoliation, I'uftaitied by velltln lfake» as before mtntion.,d, between the dates of Juiu; 5th : iid Auc;u{l 7th, it i!>pro]io{- «d, as a provilional meafiire, that the colleger of the cuftom-; of th- diflriif, auJi •bs BritUh wonl'ul, or any oth;r peribii you plcafe, fhall appoint j;.crlon» to cCujisfc 795- liury of nth af- rluiu ill .ICC, all J and the 75 i I- tlVv-'.-t-, mpeiilU- ^ all t-i joitE or fame to IV.' or ;'.re ; llutioUii m of llic h, muV r i it to lie U, whltli AC •, for tl Pic Prcli- )r them : like cir- lat Lttiry lion, th;'.t •;■ ill r!.-!e llvoul.l be r treaties, not nic;r.i 11, if fiif all place ink cuin- hc nieuns \'m their cm, and iiceft, fur the chnn- )!i,s uiukr ower, lor eflorj it. irin:ui()i(, vard(;d t» ■I or co.'r- 'ilutiari, it ::\ut, tlv.it •r-i>y , takt;« L, yroiiiil- Irid, MiiJ' the value of th; vcHVl mJ cnr-vo, at the times of hor captur: anJ of li:r srilvc".! 'h the port into which Ihc is brou.;r.t, according to ihc v.du-j iutli.it pou. If this fiv'.il be ajrcH.^M.jj aiiil you will be pltafed to figiiify it :o lue, witk th« »amc3 cf tlic prii^e^ und ■'•ftcod to be of thii dcfciiptlun, iiUbuiilions will bt; j^ivta accordiiijjly to the tciku,..i'i of the cufboms, wlicrc the rcfpe^ilivc vefki'-. are. 1 L;ive the honor to be, ;.riucd it vvuu'.d have occalicnoil I'u \i delays of ju!* '.^: : to ikc ir.t.ividu.i^n iu'^refted. /'iJ.ie I'leildjU ii ftiU wiLliout iu''::rmatioa, uither that the vciul-iai-; reitored, of that you L.ive any evidence to ..iter as 10 the p'aee of captun;. I rail klieivfoi-e, o;r, to repeat tlie lequ.";^ of early iulorlnation on thia I'l.biec', in ordei- that if any iujury ha* be.'a don* i.huU inta\ikd, It ttiny be u* longer a;;ji:-.wawd by ^tthiy. / [ 75 ] 'ik> The mtrr.tlor. crtli:htt;r cf _[■:::: :.;th, ha\!:.~ !;::n to y.trr.A .'cxh \icf^cU f rcmaiii in the c'.i'.lody of the Coniuls, iiilLail of lli.it of a niJiitjry giir.rd, (wliich, i:i the cafe of the j!iI{> Wiliiim, appcarnl to have hcen ilifigrccahK: to you) the iii- rfiil^ciKc wus, ofcor.rfe, to he undcrflood, as jroliig on!/ to cafes where the Fxecn- tiveiri;;iit take or keep jiciTeuiim with a milir.irv "uard, and not to interfere with the autlioritj' of thf coii.ts of j>alHee, in any cnfc v h^:relii tli- y fliould undertake to aci. ^JVIy letter of June 2>jih, accordinj'Iy, in th^- fame cai'e of the fhip William, iiifirt-med yon, th'it no j'ower in thib country could t ike a velVcl out of the cuftody cf tlio couris, iind that if was only he,:iufe tliey decided not to taUc cogni<:ance of that cafe, that it rcfulU'd tj the iiXw^Ulvc to iuterfere in it. C'o-.ifcq'.iently th!j alone put it in thfir power to leave the velT.l in the hands of »ho Cnnlul. 'I'he courts of juPciee cxereife tl-e fovereignty of this country, in ju- diciary inciters, are fnnivine' in their, and liable neither to c<;iitrol nor oppolition from any other hra.'.ch of t!ic goverr.ir.cnt. /\Vc learn, however, f;om tht; enclofcd panel, that tlieConfu! of New-York, In tlVe fiilt Inftancr, a:id yourfclf in a fuhfe- quenr one^ferhidan ciVrrrof jiilliec to llrve th: jTocefswitlt w/iich he was charged from his court, on (Ik- Ilrltiili I)ri'.^ \»"U'iiam 'i'el', tJicn by a French armed veil'el vithina mile of ov.r *!ierci, a;, has been dcp')frd/jn oAth, r.nd hroiij'ht into New- York, and thr.t you had even given orders to the French fquadron rherc to prctcv'l the v^lTel a^f^^airft an/ perfi n who fliotildattemp. tjtakc her from tiieir cuftody. If this oppoihion were ioundcd, i ' is there ij^-gcfie'', on the indul^xnej '■/ the letters be- fore cited, it was estendin;^ that to a cafe not within their purvieii ; and even liad it been frecifeiy t!ie cafe to which thi.y wore to be apnHrd, is it p' .Tible to imagine you m'j'kt ;"''''.rt it, wluiiri the body of rlie country, by force cfarms.' I forbear to niake the obiervafions w.hieh fuch a meafure mu.l: fu;>^''-X'i.-Jii\. Ad:v..i:iuii for her pc>i'i'--'..i'-"'4ifl}'r.-:^^,"''-*'* our po.-t3. I'hi^ I)/ the XVlith^md XXliJ urtklci*, it. ftcurcd t(7"lu:r cV(.l,ift..,l/ oi li'.T t-iu-m!cs,;us is clone for iier in the l;'-.uyC.'.i"„' by GiJii-Brhaln, were hv;r pre- fen": war with uj, iaftjad cl' ^ ' ■zj.i-'AT\u\.\.'Jt<\. AJ;nifiic}ii for lier oubl'c y^ilU^^ (.f wai into our ports, W .afcs oi" ilrcU ui' weSther, pinucs, en?;nies, or otJi' r "urj^'tnt "fTljji.iTi'y, to r trcfii, vi:"lual, rcp.iir, &J. 'I'iii.i i ir.Jtex cli.rr/.; : As vv^ «i^ ijr;u.id by tr<:i;ty to rc'relvi the puuli.: ai iuod vcff Is o: ihnci;, utI arc not bo..'n.l to cx« cl'idj thofij oi ]icr ,;n..niitC3, the c .jci^tiv • iuvc r.^-vcr dcai';] thj finis fi^i:t of '.ry- lu:ii. in our ports, t » the pi ' lie armci -.x;!';;!. of your uatic.i. Tlicy as ■•.; :\\ ;:.% tlie Fieneli, arc fr^:^ to cu.-iv; into them, in all cafe;} of v. ;atll;i-,'pli-:^r.e3, ciumirs, or other urgent neccfilty", a;id to rcfru.'^i, v.^uJ, rcp-'r, i^;. Vad fu many as thrlc urgent n-'t\irule:!, to vcCfels iV.r frcn: th^ir o.. ii p■<; uf ti.-^jnf n.viy.'y, b.i;. wh:.never th. \* ccmfort or co'.ivca'-e:icc indixtd th. a. — Oa this ;^roii.jd aiiJ, the twj lia.iwiij ..le eirdTuotii; '." As it haj ncvsr been con'-eivcd, that eUhcr would djlain thr'.r {li!p>of w^r i.i our ports, when they .vtrc in u condition lor uCtioii, w: a ivi iij'.-c*' co:;eeive-! it neccTl'i./ to preKrlbj. ..y lini'ts to thctim; <.•'. tlihiril-y. Nor can it b'.' viewed .'.» an injury to cither part) , to le'. tlyrir enemies li;iile in oar per^, a l'.u year's end to year's end, if they eliufe ir. /'1'hi.w th.i; ,he ^)id>'ic fnip-i of .. u' of hof.ii nation* enjoy a perfect eni;ul'»:y in our p^ris — lir, hi eales of iir;;cnt nee-'.::ty — ^d, In cuf; s cf comfort or converdjnce — And 3d, in the time they ^hi'.'e to c.;:.liu'..i^-.ii:d all a friendly j.o.ycr can aik from another is, to c.x'.end to her tin; une ■;:du'genc!^.t v/hie.h lh;j c.tcnds to odi.r friendly p;, .vers. And li;c;.,\;i the ad. ii.Tiod of :1;5 prizes and pri ve.tC'.rs of i'rance, is e.\.ciuuve, yet It i: the cire-T; oi treaty .ivide ion;.j ^[jo fur valuable eonfidc-ations, not witii a view to the pn.Ln'i cireiuntianees, j.-or a-;;?.-.nn: any nation in particular, but all in j^jeneral ; and v.'.'.v, tiicref'' 'e, be faith- fully (>bfi-r\red, without cflen:e to .Ki/ ; and we ".'..•an faitii'tviiy to obf /.x- ";. /i'tio lame cieliifive urtlele h-s been r.:pulit.ed, a; w.-s before e.hieived, by d;. -l-Eiit^in in her treaty v.ith France and inde.d ij to be found in the trea.Icj bet\..,n moll; nations.,-' W'itH rcfp:.! to the ufurpati'jn of ad:r '.rally juiif.liciion by the coiifuls of Fran---, wii-hin tiicfe il.itesj tiie honur and ri;-:.i.>: of tiie ftate.i thj.n'eivej, were iVjTicient motives for the E-.eeutivc to take me.ifurcs to ^nvvent ii- c. itinuance, a; foon as they were apnrifed of it. Tlicy have been led, by partica'ar e.. I'.iid.'ry'' ns, to await the cii^vC of thefe maafure;, bedevi:;.^ they would be fe.iiiciei.t ; but u.-din;:;, Kt length, t])'jy were not, fueli ofr.ershu\e beea Li.ely tai.:u, as can ::o lon^-er fail to r.-,p-^.'reli: th!sirr.\.;-ulavity corn^detely. The iVelident is dJy foulibie cf the ch.iraifter of ilie a.l of oppofi^.ion tn ' to , thcfei'vlee of lr;^al proeef* on tli? bri.j W-lliani Tell, and i'.- pr^fuin-.--, th. r, ,ro- f-nraiions made on tiiat lulij.'cl:, tj:!;e Mii.ill.tr of [-r.mee, wiii luv'' tlie efFe.-t of op.nir.f/ u free acocls to il ; oClcer of julliee, when he lhv.ll ajaia prefeat hiinf^lf wiik the precept -ji Wuc^^.l. 1 baveti;:' h'-nv-r t> b--, &e. l M : J E r :■ r. R S O N. J [ 78 ] Xlr. y'/f''>f-"t Sft>\':.iiy if .^;.i/^, l» Air. J'a^i h^-iiial, RfjiJti:'. of tie Uti'titd XitL'i- *-•• Un.ls. SiH, I HAVE the linnor now to aJ-nowIcdgc the rtccipt of your mcmorlul of the 5th iiiilant. Yen cannot be -jninfc rmed of the circimiHanccs v/hich have on-ifoncd the Frenrh ftjundron, now in Nc\T-Vor'c, to i'tek an afyluin in tl.o ports of tlu' Unltcil States; driven frcni thdc where they were on duty, by the iVreriority of the advcrfe party in th(* civil war which has i'u iiiiliapplly alTlidcd tlic colonies of 1 ranee, Tlkdwith th^: wrttehed fujnrivcs fVor.i tlie fame fcenes of diilref^ and dcfolatinn, witiunt w.'ter or piovifHni-, for t!i« Ihorteft voyafre, their vcrTcls fcarcely in a condition to I..-jp tlin fii at all, tli'.-y weie fcTced to feek thv ncareft ports in which they could he received tr.d fupplied with necciraries. 'Jhat they have ever hccn out again to cruifo, is a f ic't We \yd\<- never heard, and wliich v/e believe to he itnpoITihie, frco the inf^rr;:!- tion received of their v.-ants, and other impcdimtiits to udtivc ferviec. 'I'his cnfc lias hecn noted fpecially, to fki.w that no inronvenienoe can havchcen produced to the tra;^ of the otlier hciiir^crcnt powers, by tl'C prefeiice of thii f.tU in our lu'.r- Lriirs.y I finill ;:ow proceed to irr.rc reneral f^ro-.'r:d. l"rt(ncc, Holland, tnd ell cither n; lions, have a ri^;.ht to cruifeon our coaPs; a ri'dit, not derived from cur permilTion, hut from the law ofn.Uiiie. To rerdcr this more ud-anta_2:f'ous, 1 luncc has I'ecurtd to htrfelf, by treaty with, u*, tv.n fpc- c^u! rights — ift- Ai'min.on for licr prizes and privateers into our ) orts. 'j hi.>, Iiy the XVIIth a;-.d XXIIdariicles oi' our treaty, h fev,u:\d to her, cxi;l<.ir:vely of her c;.".niles, and there ija f.ilvo of it hi her favour, in our treaty with the United Ke- thcrlani^. — 2d. A<:mifhc;i for her public vvfTels of war into err ports, in c.fcs of iirel's of weather, pirates, cr.cmiti, f.r ctln r i'4-i:;ent r.ectiTlty, V) refrtfli, vicinal, npuir, &c. — 'Ibis is not cxchifive, and is fecurcd alfo to the United Netherlands, by Ciir treaty with them, iind their pr.Mic armed velfels are accordir:;vly free to come iiifo our ports, in all ci.fes of weatl'.er, pirutcs, enemies, or other urj^cnt ne- tefi'ity, and to refrefti, vieh;al,^ repair, &c. And fo many arc thefe ur'sicnt nccein- ties, to Villi. I^ fur from their own ports, that we have thouj.dit enquiriis into the nature, as well as the degree, of the neci.f;".tic3 which drive tliem h'ther, as end1ef» as they would he fruitlel's, and therefore hv.ve not made thera : .\nd tiie raihcr, bc- caufe there is a third right, fecured to neither by treaty, but due to both on the principles of hoipitaKly between frii.ndly naticn'^•, that of ccmi'ig into our ports, not iiiiJ,-r il.- / ir/fti-^ r/.:nii:i mr.f.'.y, but whenever their conifoiL or convenience R'.cliccs them. On this f?;!oimd alfo, the two nations arc on a fo'^tinp. As it has never been conceived, that either would detain their flv.p;, of war in our port', v.'l:eri tl.cy v.ere in a condition for r.rticn, we have never conctivetl it nicel'- firy to prefcribe any limits to the time of ti-'cir flay. Nor ran it be viewed as an injury to cither party, to let their enemies lie idle in our poits, from year's end to 3'car's end, ifrheychufe it. 'J'hus then, the public fiiipr. of war, cf both natiois, enjoy a pvifcet equality in cur ports — ifi-. In cafes of urgent lu-ccfrity — ;d, in cafes rf cfun'ort or convenience — And -,<.], in the lime they ciiufe to continue ; and all a friendly power can 'tdk cf another is, to ctt'Tid toiierthe f;'.ine indiihj;encies wiiieh fnc cxtendj to other friendly powers. And thouand privateers cf Trance, is excluOve, yet it is th: effect of trcuy, made hnig an;o, for valuable confu'erations, not v/ith ri view to prefcnt cireumllr.iic. ?, nor a;;;aiiill any nation in partirular, but all in oemral, and may, therefore, be f.'itlifuUy obferved, without olltncc to any ; ard v.e me:';-! f-ithluiiy to oblervc it. And thi' ha:, hcri ♦xpri'loly adr.;:ite.l, as was before obferved, in our treaty v.ilh the United Neth^i- laiidfi. ^Yith rcfj-fc^: to thr •.■'Vrpntlm of admirahy ;uri''"die>ion,by the '•onfuls of France, within tlufe liar-. ■., the l.Miorcr.d rij'ht.s of the IhUcj tficmfelves, were !'::flicicnr motives for the executive vi take nHHnires to prevent its continuance, as foon as tl-icy were ar.p'.ucu of it. 'i J;ry have been led, by particular coniicicration*, t* I 79 J ar.f.iit tVrcniAT: offliefc meafiirps. l).l';;vii!}; they would l,c fiifJi. 'ent; h-ir fir!t!Iii». ;.t tvu^th, ti!-;y w;rfi!nt, f.i. h nthi- .have bjtii lat.iy t..l:..i, U's can no lonvjcr liil u. Aippafs lliii irregularity tompl.tc'y. I li.ivc tlu.' honor ro l,e, ^:c, T ii : J !■ i" I" E R S O N. Nr.w-VoRK, ^'.'/' .t// vr/v-r, ad yc-J of the Trcii^h lUj'uhlic. t!.{ Cil'.i/ii Ceitel^ Ml.ilirr PleiritKt.r.f'iary fnm the R:p!:h'ie of Fran:- to tie Uiiitei fituUi, to Air. yrjj'iif(„t, lii'udmy if Slate (J i!j(i L'uil.d Utatit, IIIAVR juil tlifcovcrctl- the moH; I.orrihle confpir.icy which ha*, hrcn fornri a,o;?.ir.1i: t\v- arms m tht^ I-'rtricii P.<-|iii!,lic : I luvc iiill ilif.ovcicil the \\\\oV tlnr »ad utl i\\c proofs of tho infwTn:;! j'lot, v/h;ch for thc£; twt> nioinhs tlctnii'fd ti>e l-rcnch IViirulron in ynur f.orts, iiiaUutc of jiuility; — of that plot whicli thrra- trnjcl, r.otoi.ly the fifcty of ourNciTcls, but aU'otimt (.f our co'onial [>o;li (linns. 'i'lii' traitors ( k.lliuud p.:id Tai.j^i.y, and levcral otiicr \illain'-., not l'.iti.i|i(d vitli h; vin;j CHiifci, ut Saint Doniint^u, tlic: fpillinj; of I'.ic blood of un iucniciill. nujiibcr of proplc; — not fatirficd with having there CiHiicd tiio lots of a VliiUard to tlie Rc- jxihlicj conccrtrd here, ut Uahirnon., and at Phihd(.!,>hia, the projcd cf bri:,c|;in'T «)i:r fore.-' to concur with ihcni In the execrable [Jan lUvditaud by thife luai, tvhf>fe crimes have caufal iher.i to )l?e their country, to r.'turn to St. Don'injnj, for the purjjoic of renewing tlure llio liorrors and miofortuncs which tliey have aheady h.'.d aiuiniitt^d in that phirc, I have liecn inforai'^d tiuit tl;e fr.e?cfo which the crlonifr- of tliis place promiCed to llicmflvcswas nothing;- Icfj tlian founded, as was tliat, the execution of which has lately he. -n attempted in the windward iilands, upon a piopofd alliance with the enemies, now at war witli the rquu-)llc, — the i'.nj>,1iih and th^ Hpaidards. francc, nr, in fuch circumfun.-Oj has required in Europe of the nciehhourirjg T'ower^, tl.dt ;!iey oppofc every preparation v.hich mr/ be attcni'ted by the emi- li'rantj in thi-.r domhilon? ayainO- her fai'c; v. Slie cxtkc^I-:^ from a frifii.I!', dli.'vl '■^ovo-nnn nt, that it will be fuihcient to notify thcn\ of tiic plots i'orn'.ln:^ ri^ainft Jicr in tluir own territory, in order to obtain from t!; :n\ uU proper means to fu]>- juefs them. I have clLvted tlie difarmin-j of the v^.Tel which v.'e.s in the mnfk :.!arming llafe of rebellion; but the inl^^ij^ators of it have fled, and I learn that tluy are fireadint; over the contin.nt, w);crcthcy cannot but be very injurious, as T'eil to the tranqaiil'ty of this, as to the interell of their own country. -' I tiierefare repiell: the federal jri'vernmcnt to take the vrs.?: fpetdy and effieaci- •us meaftirci to have thcin arrdled, and tjiereby prevent theni fioni committing the crimes which they might attempt 'I'he j^overnor and inagiitracy of New- York l;a,ve ilTued warrants ap;ainll Halhand, 'I'anjruy, Confcicnce, and Bonne ; but they have ea.'h efcuped the activity c.i tlie pvrfit;^ feirt to r. p;-reh.:-7:d their.. 'Die trar^ors ily tb.e puniihnunt refervcd lor their crime.-., i.nd donbtkfs will employ themf;!\-e« on i!.-w means of exeetitinij tiie plcts^ they havs formed aj.;ainll France. I Invn jioiltive infca-mat'on tliat tlicy arc Hill v.'ithin the cci.fme.s of the United £tatcp, und, as the warr.uits of New- York caimot be fervrd «)ut o.^ the bounds of the ftaie, I particularly recpteit from the federal jrovernmer.t aj'-iinfi diefaid Cialbaud, T:'n^uy, Conftieuce and Bonne, of whom I fubjoin a defcrlption, orders of arreft which fhall exten 1 tiirou2,iK)ut the continent vA the United otiitcrs, I ajfo recueil that the moll Uriel and flcidy attciuion may be had relative to the plots i i.ave jncntioncd. May this fij.nud ace, leavinr no doubt as to the Hnccrity of the wifhrs of the j,ove:p.mv.nt of ih.e United .Stages, 'or flu i'li'-cefs ot ti'. Fre!:rh Rcp;:b!ic, cnufc idl tl»e traitors to trcnddc, whom luye.^.ecm lor your country has led nie p.rhapj so* i:;u:h to dcl'fifc, r.r.d v.ho nvail thciiifidvcs of the aced* v,hi:li the kindrtfi [ «0 ] 111 »ni;ntry...".rh'. Cc tv.o -.vqir.litions I'aixl en diifcreiit ground. The lawb of this comitry take no notice of cr'Hics co'.r.niiued out of their jurifdidion. The mr>!t aUrociouf, ({Tender cc.niir.j;- \.ithia t'.,ir pale, isrecci-.ed by tlicni ;•.:; ;:n !ni:o- cent mar, and they ^lave aulboriled no one to feie.e or deliver him. 'i'he cviJ ofj.ro- tcvSHnj^ malefactors rf every dye, is lenf;hly felt l:crc, as in otb.er couiitries ; but until a rcfornuition of tlic crinniml c»d<.s of nioft nations, to deliver fv~itivef from tliem, \voiild 1 y to bccur.v: their ai-on^piices : thj forn;er therefore it. viewed as the lelier e.-il. jAVheii riie confular eon veiition with France was undei confideratinn, this fubicet \ws attenilcd to : but v.c cr.uld r._erco to go no further than is done in the IXth article of thai iia^rument, where we af.ree mutually to deliver up " can- tai'ir.. oillccr.;, mariners, failons anda'l t.thcr pjrlous beir.cr part of liie crews of vefleli." (Tvc. unUfs therefore the pcrfor.s before named, be part cf the crew of fome vellc-l of the French nation, no perion in this coi:ni:ry u authorifed to deliver them up, but (.11 th'.' contrary they are mit'er the pvotedVic'u of the laws. If thry a"c p-irtof ;hc crew of a V'.fiel they arc to be dellv.:'-.;d up^, mu then it happens that the diltricl judge of each ftate, Is by the law of Ccngrefs, made the competent peribn tr, cxec;;te this z...';leof ihc convention, and confequently each Aviihi:i hij «wn ilate, and no one over ail the ftatcs. fo that a;- iriminals tiiey cannot be given up, and if they be of a crew of a veffel, the a^ll of Cougrcfs \v\f not jjiven ^^tho- rity to any one ofiiccr to i'end his procel'3 tlu'ouj.b. all the Ihites of tiie Union, The other brancli of your requeil; \i more completely provided for by tlie laws, which authorife coercions as to expeditions formed in the territory of the United htatcs againll nations with v.lHim they arc at peace. If therefore you will he plcafed to give mc )"uch ir.i" )rmalirti ar. to perfons and places as may Inilieate to what points ti'.c %igilance of the olhcirs is to be dircCled, proper meafurcs v.iii be immediately ta- ken for preventing every attempt to make ar.yho.'idc expedition from thefe itates Ho-ah-tl; ar.y of the dt minions of France, the (ironjier the proofs you can produce ■iid the more pointed aa to perfons, the flronj^er will be the means of eotrcio« whieh the laws will alhnv to be ui'ed. I have not yet liid ihhs matter before tlic Prefident, who is abfent from the feat f)f guvevnment, bwt to lave dehiy which might hi' injurious, I have taken the li- berty as the cafe i; plain, to give you tliis JioviJ'ny aiifwer : I ihall immediately connnunieatc it to tlu. Prelident, and if he Ihall direcl; any thin;;- in addition, of alteration, it 11 alloc ilie fubjecil of another iette-. Fn the mean time I may vcii- •uic to let this be conlidcrcu ksu ground for yoiu- proixeditig. I have the honor to be, ice. Tu : J t r F E R S O N. I i 4 ;!ly ta- PijiLAnELPHiA, a^fiewhir T2, T ;>>.;. Mr. ^^JfirfaHf Hnretjry tf S.'jL; to Mr. Hamilton, Hc^rrturyo/tle Tre.iJ'iny. y 1 R, *-" I HAVE the honor to cnclof;! you a pap-r dcltYercJ me hy Mr. Boitrnonvillc, on th'." part of tlie Minifter of France, reclaimirpj a;:jainft tho demand of toiiiuij^con the voiTels which came Iiither IVoni tiie WVfl-lndies, in their Lite calamity — It is Urged, that they were driven cut of their harhotirs l>y iiijierior force, and ol)lI;ie(.l to put to (ca without water or Itorcs, and thtreforj, to make the fii'flpcirss win sc thi-y could he rehVvrd; wliich conftitute, in tlieir opinion, thul'e circunilh;nri s of dilh-efs and neceility, which exempt vtflels from the payment of tonn:>n;e. ^ 'i'lii* cafe l)e!~jnj(ii to ynurdepartnunt. 1 uike the liherty, in theaI)l'enccof the Preriu'.r.t, aud to favc time, to tranlinit it to you dlreOLly, f(jr your oiiiideration. 1 have tlic honor to he, &.c. •Iw, JEl' FERSO>r. ■ n il" 'I — ■ I ' Ni'.w-YoRK, 24 S.pl,-rr,'rrr, 1 79.1. id year of tlie Repuhlic (tf Eranes Citizen Genrt, lyliiiljlcr P!etiipo',i:i;iiar\ nf /.'.• }i:pi:biic nf Fruncc, to Air. 'j'J>f''Ht Si.\ri:iii!y of' SIMj of '.he Uniic'J State's. S I R, I AM char5;ed to communicate to you the decree rendered hy the National Con- vention, on the I»th of April laft, hy wliieh tliey declare, " 'i'hat the trench Jieople fhall not intermeddle, in any manner, with the iired, fatigued with the dark machinations of their enemies, their pid)lle attacks — tlie infults contained in the aCh. of the defpotic courts — of iruvernnunts teiullnjj^ to numarchy, have thought proper to repel thel'c pt rlidies, by aCts marked with the llamp of loyalty, gnatnefs, philolophy, even at the iullant their vHc enemies re- ported that they wilhcd to annihilate all the governments — to deftrcy all authority — to fpread trouble ami confulion throughout — as if to oppofe a provocation, was not a natural right ; as if a great people, victim of the particular hatred of the go- vernment of another }'eople, had not the right to retaliate their fears, to enliglirtu them as to their errors, and to endeavor, hy thefe pleafant and juil meu'is, to ward offgreat misfortune*, even to prevent war. fbc this as it may, the National Con- vention has tlvnight it a duty t j aiTure tfte friends of humanity, and to Ihut the nu)uths of their enemies, to proclaim the intentions of the Ereiich people, wholo agents will Hiew, in every eircumitance, that they know a.- well how to refpeA the law'i of other people, a* t:o defend thofe of the French nation, and to maintain their rightB. Accept my rcfped, ' C E N r. T. M().\ riei. i.i o, IN' VianiN'i.^, 0(7.2, IT9.'« Mr. Jeffirjin S.tre!,uy ff jlalt, to Air. C.,..l, Aluiijlcr (vcrin;; thecomniitTion (>f rhe Citizen Damu'ry, to be Conl'vd of the Repuhlic o! IVanLe, at Bolton. I nokv lay \\\>' fame, hy letter, before: the Prclident, to obtain hi» l»x«quatur, which wili be forwarded to you with the «on»iniirioji. 'I'hc Ckcijtutuv ^1 I. r is made «;.*.!}• commcnfuritc with the commillion ; tiul I pp prcf.erid, thai iic^rhfT ib I'o with the iritiiitions oi the Executive Council, wlio p:oi>ably did not mean I'l confine the fundions of Mr. Daniicry to tlie townfliip of Boffon. ShouUl this be the cafe, you will he fcnfible of the expediency cf obtaining for him, as early a» polUhle, ;. new comminion, defining the limits of his ofiicc, as extcnfisxly ns tliey jiicpnhc Ihall cxcrcife them, to which a new cxcqu;;tur being adapted, their inten- tions will be fulfilled. Satisfied that crroBsin theaddrcfs of their commifiions, proceed ficm a v.ant <..£ intimacy with our coiTllitution ; no diflicu'ty ha* been made, en thut ; ccount, in the cafe of the prefcnt conimiflion. But it is my duty to remark to you, that, hf rur conflitutlon, all foreign agents arc to be addrefled to the PreHdent of tlift United Slates, no other branch of the government being charged with the foreign rommunicatlons. I have no doubt you will draw the attention of your government to iliiscircumflance of form in future commilFions. I have the honor to be, &c. lu : J E F r E R S O N. GEORGE WASHINGTON, president of tue united states of America, TO ALL WHOM IT MAY CONCEllN I THE Citizen Dannery, having produced to me his commifllon, as Conful for the Republic of France, at Boflon, I do hereby recognize him as uich, and <1o declare him free to exercife and enjoy fuch funcSlions, powers and privileges, at urc allowed to Confulsof the French Republic by the laws, treaties and conventions, in tliat cafe made and provided. In Teftimony whereof, I have caufed thefe letters to he made patent, and the feal of the United States to be hereunto afr.xcd. Given under my hand, the day wf , in the year of our Lord one thoufand feven hi;n red and ninety- three, und the Independence of the United States of -Vmeric* -:' the eighteenth. By the Prefident, T u : JEFFERSON. October 3d, 1793. Mr, yrffffun, Secretary cf State, to Mr. Duplainc, Fice CoitJJ tf Franc:, at Bvjlcn, Sir, AUTHENTIC information being received, that, under colour of year office, as vice conful of the Republic of France, you have, \\ itii an armed force^ rppoft'd the courfe of the laws of the land, anu relcued out of the hands of an offi- cer of indict, aveCfel which he had arrelled by autlxority of a precept from his court. .Ihe Prefident of the United States has conCdered it as inconfiflent with the iiuthaj'ity of the laws, and the refpedl wliich it is his office to enforce, to theiix that you fliould any longer be permitted to cxcrcife the fundlions, or enjoy the privileges, of vice conful in t'lefe United States ; and has therefore thought pro- {>er, by the letters patent, of which I tnclofe you a copy, to irvohe the exer,uatiM leretofore granfxl you, and to make the lame public. ! have the honor alfo, t* •Bclofe copiea ct thi; evidence whereon this nuufure isfcundcd. Aiid to be, ^c. An; J fi F F E R f O N. '.ii., fo r,:i vvi ai't l\i bf< V" i!, I «3 ! i U Xir E D STATES OF AMERICA. f>i/lr!SI of ■> , MaijuihufM:. 3 ■j-Hi: PRESIDENT OF THE UNITED STATES OF AMERICA, Tn. To THE Marshal of our District or lyiAssAcausEVTs, or uis DrruxY, Cr REETING: WE commanil you, that you replevy the goods and chattels followlno;, vi?;. A ccrraln khcoucr called the Greyhound, of the burthen of forty tons, or tlicrcaboutr, whereof John Henry Hill was late maftcr, togetker with l-cr boat, rigjj'inr, tackle, apparel, and f'jrniture whatfoever, alfo tlic cargo of faid I'chooner, now en board the fame, confining of ninety-five thoufand mackarcl, in br.lk.cqual to four hundred barrels — ThcAime goods and chattels bidonging to Alexander Bry- miT and Andrev/ Belcher, of Halifax, in the province of Nova-Scot'u, merchant?, now taken and detained by I-ewis fJuillianme Felix Laumofne, of Eolton, in faij di.lriifl, at Bofton harbour, fo cal'cd in Eofton afe aj-pear before our ji:!lices of our cirtuit coiirr, nevt to he liolden at Bot^on, within and tor nur di:!lridi cf MalTa'^hufcttP, en thj twelfth day of OOlober next, to anfv.er uv.to the faid Bry- m.r and Belcher, in a plea of replevin, for tluit tke faid Lewis, on the twenty-iiril diiy of i^i'j^MU iullant, ut fiid Toilon, unlawfully, and without any juftifiablecaure, took th_' goods and chattel i of the faid Brymer and Belcher as aforcfaid, and thetn vmlawfull/ detained to tliis day, to t'lc dama|;e of the faid Erymerand BeLiicr, as th.-y fay, the fum of two thouOm'l dollars: Provided, they tiie faid Bryniei and Belchi p flial! give bond to the laid Lewis, with lutVicient lurety or furetics, in th« fiuu of four tlioufmd dollarf , being twice the value of the faid goods and chattels, toprofecute the faid replevin to final judgment, and to pay f;/ch damages and codi ts the faid Lewis ihall recover againll him; and alio to return and reftore the fame goods and chattels, in like good order and condition as when taken, in cafe fucli lliall be the final judgment. And have you there thi.i writ, with youi doings he-ein, together v^'itli the bond you Ib.all talic. W'itnefs John Jay, Ffquiiv, at Boilon, this tsvt nty-firrt day of Ai'guft, in the year of our Lord cue thoufand ii- ▼ca hundred and ninety-three. N. G O O D A L, Clerk. A true copy, Attcft, Saml. Bradford, Dy. Man!. ' I TnoM.' 3 Amory, jun. depofe : 7 "'HAT on the aid day of Auguft, at the rcqueft of C. Gore, Efip and Gen. Brooks, I went with the latter on board the frigate La Concorde, introdu.:- •d him to the»Capt. and inform' the fchooner which Col. Brad- fi>rd i ad attempted to njdevin, but interrupted in the firvice of his precept by an ?.*vneji force, lent by hisord.T from on board the frigate, that Gen. Brooks wilhed to converic Vi ith him, and the conful on the fuhjcel when cc;i%'enient— fooik aiur the company withdrew, when t;eii. Brooks in prefence of t!ie captain, con> ful, juftice Coop.-r and myfelf, told the captain t'lut Col. Bradford hisdVputy, liad bren inter' u; ted ;:i fei-ving a pre'jcpt on i''^" fe!;ooncr Circyh'innd, taken by the pri.'aicer, polnliiig to tlie vfiTel iiU'ler tliJ fri;j;ate's iKrn, by in ;umed foice uiuk-»- iiis orders, and th.it he h'a.l waited on hi:n to dem.md a furr-uder of the vef < to (^d. Bradford Ills dci-uty marnicil : when the ca/.ra'n txprL.T d hii diilike ti< the ta's ii.g l!\c .Vmericans cut of tlu iirivaticr and piizes tlu; day liefore, to ("oJ. Brad- fold; ferving di'- precept — that he received orders from t!ie confnl lo wiihlioM auii ]u-otecl, that it was V■^ duty and he certainly Ihould prc.tecl: her — the eonfid faid that any \-<:'XA weaiii"; (he jn'tlonil fi.ig «.? tlie i^epuliiic of Franc, of courf« •\vu» ciititkvi to his prf;ceclioi;i wVe i G-'ii. Eroti'.s put thin eidl; Uiwid^i 4 Frcn«k [ ^4 J }l i\ mfrchnnt-rr.an br attached inthi^ jiort by a cii!zfn of the United States, waiild you coni'klcr it your duty to take that veJlcl under your protedlioii ajf.iiiill tlie jToccfs i* The cajiiaiii aiir\\\.'rod in the ailirmativc — the captain afterward, told mc tluit he liad written to tlie ('ovtrnor, and that il ' " dcir.nded thj priv.e, he muil • •f courfe r. lin<\uii'h her, furwardin;;; tliv Governor's r. [dy With copy of his Kttcr to the niiniftfr oi France. The coidul thei: appoinud to meet at his iodj^iugs in the evening, where I accompanied Gen. lirookj, and after much converfation, t!ic conl'ul fjid, he did not wiih to oppofe force to the execution (jf our hiws, that lie left the frij^ate in a gieut hurry, or lie fhoukl then have given order.^ to Capt. Van Dogen to withdraw Ids men out of the prize, and leave her to the controul of Col. Bradford, and that he would tl'cn doit, but fliould at the fame time protell againlt tile hufmefs. At that moment Mr. Jutau i:.nne into the room, and faid a few words to the coni'ul in French, the conful turned about and faid j-.e fliould not relincjuifli the velTtd, wlitu I rcnundcd him of wliat he had juft befoie promiild — he faid agaiii, he was Ibrr)- for tlic difTiculty 'J'lie marHud then laid, that a great deal had paf- fed on the I'uhjcifl, and he now wiflied a categorical anfwer to his demand — the general wiHud to know if he was to underlland, that he, the conful, refuted to allow Col. Bradford to take charge of the vefTcl, the Conful faid he did not, cer- tainly did not, wiih to ;plv. T H M A S A M O R Y, jun. Sworn to, Stptcmb'.r lath, 179.^ • Before J. I.owi- 1 1., J.-ly of iht Dijhitl Coiirf if AL,(j:uii,/ii;s nip; J. Bo.^roN, %td Ati^if, 1793. ^IR, In Wl". bc:n Informed tliat the marfiial of thediAricl of Mairachufetfs, yeficr- day, in obediinte to a precept from the Circuit Court of the Ur.'tod StJtes, re- plevied a velVil in this harbour; that after l.e had fo replevied the velfel, a nundict rjf i.rnicd men, Ui-'li.ig hy your order, and under your autlioiity, foreil'iy took fioni him ti'c vcil'el, and now relllts the evecntion of lii-i precvpt, in Attorney fui the Ignited States witiiin the diiiri -l of Mafhu-liufetts. I do demand of you liiat you remove the i'urcc and ohilrudion v.hieli jou oppofe to the laws of the United ."states. 1 am, Sir, your obcdlcni fervant. Mr. D'TTAiN'Tr, f'lcc-Couf.i!. I Hufis Cicciie Amory, nf B'jliin, ■.'! Ai.ijjuuhiif-ils Djhiii, nf lityvful nj^(, tijiify a;i,l fi\,, '^'^HA'J" ru the twcnty-fecond day of .Augufl 1 .[1, being informed ihat tlic A fihiiontr (Jreyhourd, againfl whiih I had hi'ued a writ of iipleviii, in favor cf ?»i«ilVs. Brymtr and Btiehir, n tunr.dde to the next circuit ; ;,■ , j" 'i faid tli* fbicT, ^^as talun from Col. Jiradforr, the deputy iv.urfiial, ')> f'^'r.v lrev;';li people, I v.-cnt on hoar.l the Ihip (.f war called the Concord, coiun.ar. '.d by I'lij't, .' iW Doj.'cn, tr) (.ntjiiireif the faid feh- "ii-.r wan viidcr hi'- :i'.ltc',!y — tl'.v '..id r ;'.;..u i; - formed m; that ftie was nnfl-.T h's profcdion. I told lilm ^hst the civil ofTi rr, Col. Bradford, as marlhal ol' the diltrid, hi-d gone on boaid ilic fiid Ichnnncr to replevy her under {iruccl'i of law. 'l"h:;t on the evening Infc. rc, while tiie laid marlhal was onboard laid i\;h"oner, by viriue of his prccrpt, Ihmc i-rmed I'Cople went on board, aiui ri.guiiifl the will of laid niarfhal, h id broir^ht fr.id il-hiuir.jr near hie ibip, and I uli:cd i;im, if rhe IVane wa; done by his authority— the laid Capt. Van Doj-^^'ntold me, that fomc ptrlcn had coninl-'ined to him of an attempt to carry the i'aid fchooner :iway from her anchorage in the ni>^;ht tiino, and tiiattn prevent ithe fame, he had ordcreii fome of his people oii board her, ai:J had di- rcAed her to be brought nearer to his Ihip — where fl^e then was — I aikcd him if kc v.'ould deliver tlse rchoc:i!.r to the marflial, and he faid that he fiio.ild not v/ithout orders from the conful of I'rance. I alked him if the faid felx oner vv-as in hit cuftody before the mai'lhal liad entered on board her — he laid that he had none of his pcopk on board — but Hie came into harbour under French colours as a prize, and ibat t]:e captain of her had ailced his leave for aiielicra'^e where had come too, and, as being under a I'reneh eommillion iu public fsrvijc, he had confldered thi laid veflei under his protection. RUFUS G. AMORY. Sept a.'! in- Icth, Sworn to, before J. LOWE L- L, J:.:Ij, of ilr I the fald Rufus Cr'-Mie .-Xmory, furth.r ttftify, tliat faiJ Capt. Van Do,c^en told le, ibat he hail complained to tiie licvernor concerr.iiig- the utteinvt t.) carry av.uy le fald fchooner in the ni^ht tine, Vvithout hiika\c. m #1 RUFXJS 0. a:.!ory. THAT r.n the twenty-lecond day of A';;:iufl; laft, bein;.; in Bolb'n, and I'lidirjj. fhir Col. Samuel Bradford, d:puty r.iarlhal for faid diitrieV, i.'i ferviny a v.i.t •f repiev'la upon the fchooner (ireyhound, had been oppofcd by an ariji-.d f-jfe, fiAing under the orders of Capt. Van Doj^:'n, coir 'r.and'.r of th; I;cnrh fri- gate " I. a Concord," I went on board faid frig-.r., to demand cf ih- riptain tKc re'doration of tbe fa.iil fclioou'r. Upon my opi-jilii;/ to Ca;"'-! Van Do. ..n the 'it' jeA of my vifu. (wliich was done in the prefeiiec of Mr Dupiaiiie, ;he French coalul, Mr. JuiHce Cooper and Air. 'Fhomus Amory ' he diicovcred c nfid- Jai)!e warmili and Uifpleaftirc at fome Americans liavin^ b.cn taken from on b'-.;;r'l a French velTel, a,, well as at the attempt of Col. Bradford lo poff'ifs hi,iil(. f cf a velTel bearing tli: colours of l-rance, wliiie under the protection of a fh'p of f.,r.'e belonging to tlio !"re)Kh Republic. As my objecl was to ilemand of LVipt. Van Doo^en, relloration of the fchooner afucefaid, and to obtain from him a ratt/orical anfwer, 1 avoided ;'.s niuch a«poiiibIe tlie difcuHion iif an/ lubicrt irrelative ti.cr'' to; and at length obtained frc>m hitn a declaration, that ar, )i< hid rc'teivcd hi« crders from the French conful, for doinj:;; what he had done, and as it wc* his duty to obey the conful, he could not furrtnder the fchnoni-r. 'l"hat he was ,.n cl.'irc!" »nd n-.u(l obey his orders. Inmiediatcly upi n C!api. Van Uoo.mi having; made th>» above mentioned declaration, which was done in prefence of the lief:ch cot^Jul, the lattec (^bferved tome, that he thought it a pity that any dlHiculty iliould arif« about tne ichooncr — tlia.t he believed, if he and mylclf were to tal-.r our pap-'j^ we could fettle the whole alfair in a few minute.^, and propofed th.'.t I (liould 'rect Jiim on fhort- in one hour. To this 1 agreed, and wc met accord injjly. 'I'hc. Jtfult •fier nnu-e thai; an hour's converfarion at this interview, wasa])ropor;tion iVv ano- ther the next nioriiing at 8 o'idock. At tlie tine aihgr.ed 1 a;.'v,in waited on iljc co.iful at his lof^o^in-;,!. Upon my entering the houfe, he informed me, tin: hr liad come to a determination about the fchooner— that things Ihould remain as they then were— tl-.at he fliould ket.p poff. flion ( I'thcfchooner—that I nnifi ap]>ly to ti'e ;;o- vcrnor, und tluu ;f the tJoyerncr did imr do Gmiethin^r about it, lie lht;'dd adver- lifc the fchc^ncr in the newipaprrr., and if in fix days no body proved a claim to her, he lh!.;ild - u;;dknui }ur i.othe capi()ri, or words to that sffctil. { 86 3 T further tef.ify, Thar, in tlie convcrfation with C?.pt. Van Oe^^n, he infcrmei B.j, tlihC by the !;uvs I'f th- Tn-nch Repul.'lic, it \vu,3 tho dutj of commandert of tl".^ ihipsof thf Uki Republic, when *n foreign ports ^vlicre there were I'rcnc'i crir.'uls, to obey the oiiLrsof fiuli coihmIs — that the confuls we- idmirals, or hid the f'owcr of admirals, cv wor.Ii to that efieiS. Capt. Van 1) en faiii this in the prcl'cnce of the Frciicli conrul. I further tiftify, 'I hat Mr. Duplaine the Freni-h Cnnftil toIJ mc, it had becnhi* •Icfign to withdraw the armed force from the fehonncr Greyhound, and intimated to me that he wovi'd ;jivc an ortlcr to have f.iid force witlidrawa — in which cafe, h" faid, he (houid protelt r.~airll tliC meafurci then purfuing by the government, meaning ih J ;;<)%:. unntiit of tiie United States, but that he, the faid coiiful, after- wards refiiud to withdraw faid forte as above laid. J. BROOKS. S.voin to, S.jUmbir icth, 17^3, before J O l-I N I. O W E 1. 1., Judg! of the JjjlriJi Court of MciJ}'uchi>jMs DifriSf. United brAiES District of Massachusetts, Sf/'K!':!u-r IC'/', 1 793. TUF.N 'H honas Amiry, j«n. Rufuj Greene An;o.y, Nathaniel Uyf.cld I. yd-; and John iirooks, EfrjUue, made oath to tlie truth of the annexed d* pofition-;, li* them rcfpeelivv'iy fubicrihed, in the pn. fence of Antoinc Charbonnet Duplaine, and »'i.clai*ed, thi.t thoy did not recoUeifl any other material cirtumOanee rcLitive to thr: matter in enquiry; and thei'nnexeddepofition of Samuel Bradford ii ti.uulript of fcis dcpofitioa tak^u under like circiimihu;i:e«. Before J O I! N L O \V F. I, L, Jr.ry of ihe iyfirltl Court of jMjJJliJn-ftis Dfrici. I ^uthl, Byf.il Lyde, of Li-u>f,i ~i";e, ^'/''/y ""'^f'yt '"I ''T I AT on the eveninj^of the iwenty-firll of Au;.i;uil: mfhuit, at the rcqucfl: of X Samuel Bradiord, h.ic[. niarlhall of MaflachufLtts dilh'idl, I v.-tnt wit]i Iiini rn board th." fchooner Greyhound, layir.rj ofT tlie end of Loiij^-wharf in tlie harbor • f' Ijortcn. Thii faid Jlradfcrd went on hoard li faid fcli.r':T'T, «-, i undcrftood to f rve ft \\:Tt of re;li:vin again ll the iV.id f^l;ooner, which iilucd .'Voi.i a circuit court of faid iiitlrlii^, in behalf of Mcffrs. Brimmer and Bekiier of Halifax, Nova-Scotia, r.icrchants ; faid Bradford wanted my afiiflarce in the f.rviccof faid writ — we got rii beard ju'.lii/ter nine o'clock, and i..'.v one pciicn' on board, wlio appeared to be a Frcnchir.an — Col. Biadfonl macxkni.v>n to him, he had a proecfs a-^ainft the faid vcfl'cl and enquired for the mailer — The fi.id Frenchman hailed a vclfel which ap • pcarcvl to be a privateer, and a pcrfon came on board, \s ho faid, that he wa? pri/e- matter of f.iid rchocner — Mr. Bradford then made kri?wn to him that he l.ad a precept <•'-• v rit of r'-'plevin, a;i.i by viilue cf that he had t;il;c:i pollcllion of thfl thoor.ei- — The prioC mailer ilitu reuuciced that lie might call fir Mr, Jutau, who l^asf.ll(I to be on bo;\rd the fri-rntc Concorde, focn aftt r vMc'i Air. jutau ome en board wJtii fonie other per.''ons, the f.Jd ma;,"ial then mat'e known to Mr. Juiciu Hie purpefe and auLhority by which he had conic on board, faid Jutau cx- plaai' d the fanic to th(ife pcrfois on board faid fchooner — Mr. Jiit;'u foon after >Kcnt onboard the iVipiuc; an oirtccr aiid about t\v. We men can.e on board t!ic fchooner, from the fritiate, nil armed — 'l'l;e faid olHccr fo(.n after, ordered lbs fchooner to be "emovia iirar to the fi loato — The marilr.d told faid oihcrr h'.s ;v,irho- rityby wliich l.e had uikcn poJLfl'.on, ;»;:.' iMl/id liini to inovo tlie hud fchooner, this removal w.i^ bctv.'een ten and eleven o'clock the hime evenin;^, fiiortly aft', r- vr.rds li.e Frc r. .Ii e»)nri^»\vith Mr. Jutau cam: on board— M'he uv.frlli.d then inform- t \ them by wl;at tuilhority he came en board, and had taken policllioii of tlie f-hroner — 'i'ht tonful then intormed the nvirihal, tir.it he iliould keep polVellion nf the fchoomr — tiie maril'al tiien tohl tiic laid cotiful, he would not qtlc the fchoonci' — the fuid fcho'iner for ore ortvoday.? remained in pefr^iTion of the ofSccr and ir-rr.c.'l .'.ncr., ccr.trary to the oi.Icrs ,'iu! v.jii of lin- faid marlbul, but the murfeal >»ci»<-itH-«» i»u \.>iun\ of jrtid fcjujouer — I was ai/o en bci'id wX tVi;j,'':e in the ni:.ia' T Nati:i. I]vc. h Y D T. Sworn to, f^cj)lcmlcr loth, 1793, before J UN 1,0 W EM, ;// 7V' ""Z ''-• VJ//'; ;Vi Cowr.' ^y' Al-Jfuchufitti "l.j'ri*. I Samuel BnAOFonn, Dcpuij M.irjhal nf tit D'JhU'i cf MrJ^cJ. :■/.':■., Do lEj-riFY ANP SAY, HAT tn Wcdiickliiy, the tv/tiity-firft liay of Anj^ufi-, jit fiooiit fwrr; nfi! clock, P. M. I w:is pofTLfrfcl of a v/.-it, Bii.r.cr anJ L'c'.vhcr. {'i.iintl/'.s. in replevin, vs. Luumoliic, tominaiiilinjr nic to icj)li.v\ tlic fchooucr culled wicCiicy- liouu'.l ; that I iinmcdi;itcly pro'-.'-tlLil tiven to i'uppoii r.pf damages that mi:ns to the fime effeft — I rcp'.ijd, that as an cflletT of the ;/ovorr.!nent f f the li'-i'ti ^States, I fliould purfue iUielly the line of my duty — ^Jr. Jutim le't the fchconer, and told the prize-maiicr to remain on hoi.rd ; after he v/asir the boat, to reHinj to the frigate, I reqiiefled liim to iru'orm J»Ir. lA'U'nofne, tiiat after the uho.-:; •;* Was hauled to tiie wharf, Hlinidd rer;i>.irc him to ro on iiorc — Mr. Jutaii rcpKed, that I might inform the prize -marter myfelf, and that I nude force him from the veiTel — In about half an hanr after Mr. Jutau's departure on board the frinate, z.n oifictr came from thence on bo'.-rd the fchconer, he wa;-, a reutonart, and I Irard him inform tj-.e prize-mafter, tliat I ih.ould not remove the v.-liel — In aVout ar; h .t.r iJter thiii, a body of about tv.'elvc armed men (marine came en board the Ichoor.-.r, From the frip;ate — The lieutenant read a paper, wliieh \ ivj..i.^- iiant, if he h.ad hrouglit the armed fi.rce to prevent my removing t'le fehnon*.:r ; 1 tt Veplied in the afiirnLktive. i'inding myiVif orpo'ed in the progre!; of fervin.:; 1.'./ precep;, by an armed force, I difinifi'ed the men v.-ho v/ere en hourd U> give rue a.ii in condv'.dlingthc fehooner to the wl-..;rf : Sometime .ifter, the lieutenant retirei i«« th« fehutfbicr, ii>iU toak off his I'.KU, txctiitin^a fio-.y-ei-edunJiyur, wh.'-', he •l/i'Vrvi.-i', he fl-.oiiM lr?.ve on licni\l, to take care of faiJ fthooner. At about twelvd ©Mocl^, A. j'vl. Mr. Cuiilul Dujilaiiic, Mr. Jiitau the chintellor, and Mr. Vaiicrede, in going i;n lliori' from tlu' fVi<.faii.', came onbuard tbc llliooiicr. — We cfinvcrl'ud oh tbc r!i!)iii'l — 1 WiM iiVcr tliL' h\ir.iKrBii;.ai:i, and told Tilr. I>i'.nlaii:f, that I was op- pofcd by an ainitd force; but that I Iluiuld ncl quit the v'lVcl., 'J h.- Ccnful laid, ihi'.t lij flir-'ld kctppoflt ilion ; bur ad«'cd, that it I wtnt c! nu;rharf, a. Iiere I arrived at i o'clock — having kgally executed my precept. 1 foiMi after law tlic eonful, who laid, " 'I'licn, ^iir, you I.ive (juitted the vefle' — You have then left her, [ I'uppcfL-." To which I replied, that I luid left her at the wliaif, had executed my precept, and that I fhould take proper care of the fal«4 IVhe^oner — 'I'lie Coni'ul appeared ri,rprii'ecl. S A M L. B R A D F O R D. ]%! ;toN', r^ I'f.wLr '>-\if, r79.v irivvoni tOj September ictb, 1793, before J. I. O \\ F. I. L, Judge of the rilhiJi of Maffachufett.-. ■rniL UNMTE » c r. o R (] !■. w A ;j 1 1 ! N (; 'r o n, r r j. s i r v. k t or :/F ATES OL AMERICA. TO M.r, wii(;ri ir m.w concern, '"I "HP. Iici'r Ainoine Civ.iibr.iict Duj'Iaii;c, heretofore having produced tome 1. hisconimiirion as vi;e eoniul for the Republic of France, within th'j Hates of >u\i -IL.niplhire, Mairachullttr, and Rhr>de-iiland, and having thereon received from me an cxtcMiatur, bearing date the fifth day of June, i ■<;;,, recognizing him .T, fir:h, and declaring him fne to excrcife and enjoy Itich funt5tions, pov.crs and j.tivil gei5, as aic allowed to vice ccniii! , of the French Republic, by ilic laws, treatiis, and eonveiitions in that cafe made and pro 'ided, and the faid (ieur Du- jdaine, having under v(;l( r of his faid office, conmiitted i'undry encrochnicr.ts, and infue ions ( n the lav. . of the land, and jiarticularly, having catifed a vcffel to be rcl'cue 1, with an armed force out of the euilody of an officer of julUcc, who had airefled the fame by procefs frem his ccurt ; and it being therefore no longer fit, m r coidiilcnl with the rcfpecl and obedience duo to the laws, tl-at the faid fieur Dupl. iiic Ihenld be jicrmittcd tocontumein the excrcife and enjoyment of the faid fune'ti md, privileges and power-.: Thefe are therefore to decJaie, that I do no loni_i\-i reeo^rniic the laid An*o!nt Charbonnet Duplaine, as vice eonful (d' the R.c- j)ubl!c of I'i.ii.c, in airy pa t , nor permit him toeX( reife or enjoy any of the fiiiiClions, j)owers or privileges, allowed to llie vice eonfuls of that nation ; and that I do hereby wholly revoke and annul the faid ex( c|uatiir heretofore given, and do declare the fame to be abfolutely null and void, from thii day forward. In teftimony whereof, I have caui'ed thefe letters to be m.ide patent, and the fcal of the United States of America to be hereunto albxed. (!iven tn;dcr my band this day of ni the year of our Lorit, I7yj, and of the Independence of the United States of America, the eighteenth. Gi. o : WASHING T O N. By the Pr.fiJuit, Tn : J E F f Ji R S O N. icrcdc, led oil ;is op- il l;iiJ, return uuiuii. of the <;f the laiiicd en ■'^a- llUil— vvliind, ; Iron ni the tc extent, lb fur, as to oppole, by t.uce of arms, the conrle oi:' the laws witliln the boily of the eonncry. The vv'idlcm and juilice bi the ro- vcrninent of PVanre, and their ftn e of the neccfnty, in every government, of preierving tlie courle of the laws free and unobllrucled, render us confide . that they v.'lil approve this nectlfary amltation of the proceedings of one or their aj^ents ; ss we v.onld certainly do in tlie like ca!e, were any con'ad or vice-conlul uf ouvs to cpj'ofe, with au armed force, the courfe dl iheir laws with- in tiieir own limit*. Still, however indii'ptnlabie as this aft has been, it is with the moil lively cnicern the Prcfidcnt has I'een, that the evil could not be aiTcfted otherwile than by an appeal to the authority of the country. / hu'Ve the hn':r to be, &c. TH: JEFFERSON. October. 3d, 1793. Mr. Jeffirfofi, Secretary of S". fate ^ to Mr. Morris, Minifur FlfmpQ{cnuc.ry of the L'aitcd Statesy to France. ■ — "' Dear sir, IITR. Duplanie, vice-conful of France at Bofton, having, by an armed. force, •'•"■*■ onpoled the couriit of the Iaws of this country, vvli'\in the fame, by rtfcuing* out of the hands of an oflicer of jultice, a velVel, which he lia 1 arrefted by authori- ty of a precept from his court, the Prefident has thought it necelVary to revoke tiie exequatur, by which he had pennitted hiui to cxercile his funilions hen-. I enclofe youcopiesof the aft and of the evidence on v>'h;th it has been i'ounded; as alio of the letters, written to him and Mr. Genet,, and you are delired to com- municate the fame to the government of Fiance, r.nd to exprefs to them the v*rT great concern, with which the PrefKUnc has I'een hlmlelf obliged to take a mca- iure with «ne of their agents, lb little in unilbn v/iih the fentii-nentsof fricndfliip we bear to their nation,' and to the reCpeft we enteriaia foi their aotliori'jy. But confcious we fliould deem it an aft oi fiiendihip in th.em, to do .he like in the like cafe, and to prove their confidence in our juftice and friendfuip, by isftan- taneoufly diubllng from a repetition of the aft, any coniul or vice-coii.'iil of ours, wlio fliould once have ban guilty of fuch an aggrtlTion en their authcity, we rc.'y on the fame friendly tonluuftion, on their part, of the dilagrecahie meafurs now forced on us. I have thi !:cnn>' to be, &c. TH: JEFFEr.SON. ^,. I Gtk.MANTOWN, November 5, ^7^2' Mr. Jeferfctt, Secretary of Static, to the Mkiftcr FLdpffte/uary of France. Sir, HAVE the lionour to crc'ofc you the copy of a letter from Mr. Moiffonicr, conful of France, at Baltimore, to the governor of Maryland, ar.nounci-.ig tliat Gi-eat-Britain is about tj commence htiUlitj.;* as'iinlt us, ;y»-.l ihst he pu; . [ 93 ] j>ofcs tr collfcl tlic n.wnl force of your Kpublic In lV,e Chcfapcak, and to poft ihcJN as a vnn-gviarcl to dornng^tlH' iiij.polal dtfigiiJ of tlic inmiy. TIu- hue Cvijrgefliou of fiich a fw^l, liovvtvir iivijnobablc, rtncitrs if a duty to cnquiiG into it, anil I (hall confider it as a proof ot your friem'/liip to our Ra- tion, iF)ou have it in your power, and will le plcalcd to communicate to r. e the j^roundb of Mr. Moifibnitr's ;iflVitioii, or any otlicr rtlptc^lable evidence ot'luch an intention, on the pait of Great-Britain. ^ In the intan whili', as wc have rcaibn to believe It unfounded, as they hr.ve ii: r.o inftancc, So yet, violated the fortrtignty of our countiy, l)y any conimir- nicnt of hodilitits, even on their enemies within our juriKh6\ion, wc preiiime with confidence that Mr. Moiffonier's fears are grourallers. ""I have it, theie- fore, ill charge to defue you to adnionifli Mr. Mcillbnicr againrt the parade h* propofw, of Itationing an advanced guard in the hay of Chel;ipe:ik, and againit any lioltilc array, which, under the profefllon of difenfive oj)oratlons, may in fact generate thole olfcnfive. I flattei iiiyklf, Sir, that yru will be 10 good as to join the cfFeft of your authority to that of our govcrnntent, to prevent mca- Cures on the part of this agtnt of your republic, v.iiich may bring on dil; dtacal, might tMcite hlni to ucc-'.^rate tho execution of his dtligns, I prei'crihal to thii Vicv-Conliil, lit. To concert vvitli tlic cominanilt-r oF our naval forces hi the Chcfapeak, to have colleflcd at BaUimore all the coniniercial VvlIeU wliich may be ui lijc open and unlafo road of Norfolk. 2il. To have the arnu-d vcffcis anchored, according to cv.liom, In the advanced guaid of the convoy. 3d. To cftablifli a fevere police in the road for the purpolc of preventing dif- ordtr, and protediing our property from inceniUary eauiprlzes, lurHcicntly la- miliar to (»iir common entiny. 4th. To found the local government of Maryland, to know wljether the for;s wliich fuim a part of the defence of Baltimore, could not be repaired, r Citizen MoilFonicr, animated by a very pure patriotifm, has doubtlels mi::cJ. ;i little waruith in this latrer ftep ; but 1 do not fee, Sir, that he hss nuritel the admonition you mcnrion, and tlv.it the meafuro* taken for the fecurity of th: load, can cumpromlt, in any manner, the pease of the United States. Go(l Srant that you may long enjoy, with honor, that pcaae Co pleafant and happy. It is the veiy hncere wifli of your friends ; it iy mine ; but I /liall not now dif- Jtmble more than I have hitherto done, that it is not the mod certain objecV or my hopes. /Jiefore having tlie Iiaopint Is of ferving a free people, I was cmploveJ by a courf, and I lefided at fcveral others. I have been Icven years aheail ofth? bureau at Verfaiiks, under the direction of Ver^eiines. I have palled oiie year at London, two at Vienna, one at iicrlin, five In Kullia, anvl I am too well initi-. atcd in themylleriej of thele cabinets, not to tremble at the fate which menaces America; if the cauie of liberty fiiouid not triumph, everywhere, foiir?, G E N i: 1'. CJiiR\tANTOV,'N, Novembers, 170]. Mr. Jeffcrfo/!, Secretary of Stats, to Mr, Genet, Miuisler of h'rwi-e. Sir, T HAVE now to acknowledge and anfwer your le:(er of September 13, wherein ■■■ you defnv that we may define the extent of the line ol rerritcrJal piotcdi(,i\ on the coalts of the United States, obierving, that government* and juris. con- fults, have different views on this fubjei"!. It is certain that, heretolbre, they !iavc been ranch divided in opinion as to the dirtance from their lea-coa!is to which they might realonal)ly claim a rig'^', of prohihitiiig the commitiueat: of hulUlities. The grca^elt dUtancc to '.:-4 -r.;^'--'-" TH; JEFFERSON. '"*"■"''"■' — ■ ', ■ Germantcwn, November lo, 1795. ^Z.i3.^Jfe^foni Secretary of State, *o the Minister Ple^iipotdtiarj from ike Rt/ublic J -.•«>-— of France, to the United Sixties, Sir, ^ S in cafes where veffels are reclaimed by the fubje61:s or citizens cf tlic bel- •*• ligerent powers, as having been taken v/ithin the jurifdiftion of the United States, it becomes neceflary to afcertain that faft, by teltimony taken according to the laws of the United States, the Governors of the feveral ftates, to whom the ' ' applications will be made in the firft inltance, are defned immediately to nbtily thereof, the attornies of their relpeilive diftriiU. The attorney is thereupon in- ftrufted tc give notice to the principal agent of both parties, who may have corns in with the prize, and alfo to the confuls of the nations interefted, and to lecom- jnend to them, to appoint, by mutual confent, arbiters to decide whether the captux-e were made within the jurifdiftion of the United States, as ftated to you ii) my letter of the Sth inftant, according to whofe award the Governor may pro- ceed to deliver the veffel to the one or the other party. But in cafe the paities, or'conful fhall net agree to name arbiters, then the attorney, or fome perlon fub- ftituted by him, is to notify them of the time and place, wlien and where he will be, in order to take the depofitions of fuch witnelfes a: thiy may caul'e to come before him, which depofitions he is to tranlipit for the information and deci- fion of the Prefident. It has been thought beft to put this bufmeis into fuch a train, as that the examination of the faft may take place imriedlatcly and before the witncITes may have again departed from the United States, which would too frequently hap- pen, and elpecially in the diftant ftates ; if it fhould be deferred till information » IS fent to the executive, and a fpecial order awaited to take the depofitlor.a.^*^ I take the liberty of requefting tliat you will be pleafed to give liich inltf uc- tlons to the confuls of your nati»n, as may facilitate the objeft of this regulation, I urge it with the more eameftnefs, becaufe, as the attornies of the diftrifts ai-e for the moft part engaged in much bufmefs of their own, they will rarely be able to i^ttend more than one appointment, and confequcntly, the paity who fhould "^IJf»J? Jroad )fing, tion, :h we Hons ^Iven geo- tion, con- to that icked the V £ 93 ! fail, from negligence or other motives to produce his witnefles at the time and place appointed, might lole the benefit of their teftimony altogether. This prompt procedure is the more to be infilted on, as it will enable the Prefident, by an immediate delivery of the veflel and cargo to the party havirg title, to prevent the injuries conlei^uent on lone delay. ; ^' • " ■ ■"]\. '■' ■ 1 have the honor to be, &c. ^' • ^ TH: JEFFERSON. ' J u T R A N S I. A T ION. ,,.i . • ,■ * ''^{.v^-'.. /., ... :, New-York., November t 4th, 1793. ■ ■ ■ - ':*"■ " - ' 2d year of the French Republic. fjje Cuizen Genet, Minijler Plenipolefitiary frgm the Reptihlic of France, to thi United States, to Mr, Jefferfon, Secretary of State of the United States. Sir, T HAVE received the Exequatur of citizen Dannery's commiflion as Conful, * and immediately tranfmitted it to that public ouker. / I ihall prelbit to the Executive Council ov the republic. Sir, t'le judicious re- flexions which you have made on. the attribution of the confular funftions, which aix. in faft, reduced by the commllhons of our confuls, to the limits of the cities of their refidence j which, certainly, is not the intention of the coun- cil. I fhall alio lay before them the obiervaiion you have made relatively to the addrefs of our conlidar commifTions, and they, in their will'.om, will adopt the alterations of which this matter appears fufceptible, agrccr.bly to the text, fpirit, and bafis of your conilitufion. /However, as it is not explicit in (his relpeft, and as the tuDiSlions attributea to the Prcfilent of the United States, relativeljr to the reception of foreign minilters, appe.u' to be only thofe which are fulfilled in court! by the firft minitters, for their pretended fovercigns, to verify purely and fimply the powers of foreign agents accredited to their muiters, and irrevo- cable by them when once they have been admitted. I Ihould be glad. Sir, in order the better to fix the ideas of the French council on this interefting queftion, that you would have the goodnefs to enlighten it v^rith your knowledge and that of your learned colleagues, which I (hall faithfully tranfmit to my fuperiora, ^' -v ;.v, .. ■^■.^- '. .-iin n- -.,' •■'.■■.' : ''^^ ^Accett vzy refpeil, ■y':.'.pV.:Y\.,,,^, ,.'/■ ■ • v:^ GENET. ' • • -""•■--:/' "'.;">. >r^,.- _„_- ;.'-:. ,-/ Mir. yefferfoK, Secretary of State, to Citizen Genet, Minister Plenipotentiary from the Republic of France, to the United States. ^ ■ ■■ •• Germantovvn, November ax, 2793. Sir, In my letter of O^lober 2, 1 took the liberty of noticing to jou, that the com- inlflioB of conful to M. Dnnnery, ought to have been ad;'.re!lcd to the Prefideni: of the United States, he being the o.ily" channel of communication between this country and foreign nations, it is from him alone that foreign nations or their agents are to learn what is or has been the will of the nivion, and whatever he communicates as luch, they have a right, and ure bound to confider as the exprefllon of the nation, and no foreign agent c«n be allowed to queftion it, to interpofe between him and any other branch of government, under the pretext of cither's tranlgreifing their funftions, no'- to make Uimfelf the umpire and final judge between them. I am, therefore, Sir, not authorized to enter into any tlifcuirions with you on the meaning of our conftitution in any part of it, or to prove to you, that i«: has afcribed to him alone the admllTioa or inc'?rdiftion of ibreign agents. I inform you of the facl by authority from the Prefident. I ha4 obferved to you that we were pcrfuaded, th.U in the cale of the conliil Dannery» the error ia tlie addrel« hai proceeded from no intention in the Executive Coum« ,y «)iiini^www|yTjy»,yi i n^j»» ij..;..i i., ^ ' C 9+ I sll of Fiance to queftlon the funftions of the Prefident, and therefore uo difficuh/ was made in ilui'm^i; the conimifiion. We are ftill under the ianie nerluaficn. But in your letter of the i+th inll. you pcrjonally queftion the authority of the Prt'fidcnt, and in confe from whom it conits, has been appriled that fuch ftiould be the addrefst / hc've (be honor to be, &c. % , • . v T H: J E F I' S R S O N. ' ■','■';"■;">■';'>.■''*''• TRANSLATION. , ' ^r .r-^- [ . ,.'. "-'yvl;.^ '*;,"; ■rp';-/' ,.;.',' Niw-York, i4.th September, 1793* ■'■•"■ id year of the French Republic. TZv Ciiizen Genii, Mintfier Plenipotentiary from the Rspubltc of France to the , , 1 ■ , WmtedStates, to Mr, J<'fferfon, Secretary of State of the United States. Sir, 'T'HE multiplied bufinefs, with which I have been loaded fmcc my lay here, "'■ has not hitherto permitted me to acknowlei'ge the receipt of your letter to me of the 5th of Augull j it came duly to hand, and, as the dccifions it con- tains are o)iiy the coniequence of thofe on which I have already made th'' Ih ong- tH and the hdl founded reprefentations, I have thouglit that I fliould leave the care of executing thein to the federal government, becauleit is not my bufmefs, in any manner, to give the confuls oi the republic orders contrary to the fenfe of our treatief^ to prelcrihe to them not to conform, relative to the annanicnts and prizes made by our vtflels, to the inllniftions given them by authority I'uperior to mine, and to enjoin on them to fuipend the eifeifl of the commifllions that our privateers hold from the executive council, and not from their dele- gate. With refpeft to the indemnity promifed by the Prefident of the United States to the Englifli miniller, in virtue of the principles he has eftablifhed, it is not rnoie in my power to confent to it, as, in my opinion, it is not in his to pi'omife it. For in order to ,oj>erate this new appropriation of the funds of tile republic, the confent of the legillative bodies of both parties is indifpenfable. However, Sir, though I have not the right to withdraw, authoritatively, tlie commiflions of which our privateers aie poflefled, allliough I am eijually unable to conlli-ain them to fubmit to decifions which our treaties of alliance and commerce do not fanftion, and which the decifions given by ieveral tribu- nals of the United States, which even the negociations with you, fcem to con- tradift, yet you may be affurcd, that, after having fupported as long as I have been able the rights and the interefts of the French people, I fhall negleft nothing to engage by porl'uafion our privateers to fufpend their cruiles and change their deftination. The objeft for which v/e have encouraged the arming of all thole little ve(r«ls, was to deftroy the commerce of our enemies, and to block up their feamen in y«ur ports, for the purpoie of accelerating the return of peace by a diminution of their ftrcngth. This plan was goocT, and notwitlxltanding the obftacles oppofed to it, it has lb far fuccecded, as to bring into our poffeflion fifty of their velfels, and to condemn to inaftivity an infinitely greater number. I^iis objedil is now accomplilhed ; I'uperior forces will accomplifh the relt, and if I have hail the misfortune, by my obedience to my inftruaions, by my ob- ftinacy in acknowledging only the laws and treaties ot the United States, to dif- pleale fome Aiiglophopijls or Anglomen, I have at Icaft the fatisfa6\ion of having rendered an important fcrvice to my country, whofe prelent policy is entirely devoted to the war, ' -TTfT grants uiul iuiftocrats tf Europe, much mere dangerous to the peace, lib arid independence ot:" tlie United States, than all the privateers in the world. ibcrty i. G L N E T. GiiRMANTOWN, NovcJT.hcr i;d, 179% M/", ''Jeffcrfvi^ Secretary of State ^ to the Minkier FLm/oti-utiary of Fraiue. Sir, ' TN a letter which I liad the honor of writing to yon on the 12th of July, I In- ■*■ formed you, that the Prciident expected that the Jane of Dublin, the Lovely Lafs, snd Prince William Henry, Britilh vellels, taken by the ajined reflel Citoyen Genet, fliould not depart from our ports until his ultimate determination thereon fhould be made known. And in a Icttc'-of the 7th Auguft, I gave you the further information, that the Prefidv'nt confidered the United States as boimd, puriiunt to pofitive affurances, given in conformity to tlie laws of neutrality, to etFecluatc the reltoration of, or to make compeniation ft^r prizes, mad^ lubfequent to the 5th day of June, by privateers htted out of our ports } that, confequent!y» he expeifed you to caufe rcititution to be made of ail prizes taken and brought into our ports, fublixjuent to the faid 5ih of June, by i'uch privateers, in deleJl of which he coafidercd it as incumbent on the United States to indemnify the cwuers of fuch prizes j the indemnification to be rchnbiu'lid by the French nation. This determination involved the brig Jane of Dublin, taken by the armed vefiel Citoyen Genet, on the 34th of July, the brig lovely Lai's, t»kerv by the ilmie veflTel, on the 4th of July, and the brig Prince William Henry, taken hy the lame vell'el on the sSth of June, and I have it in charge to enquire «f you. Sir, whether thefe thi'ee brigs have been given up, according to tlu; determi-, nation of the Prefident, and if they have not, to repeat the requLfition, that thejr be given u^j to their.i'omier owners. i ba> .' f. I. [ 96 1 the ftate ; and the executive council of France and their delegates, could not conlent to a reimburienient of the indemnities in queftion, but when the iegifla- tive body fliali firft have renounced, under its refponfibility to the people, the right which I have been expreffly inftrufted to maintain, and afterwards have granted the fums demanded by our enemies, and which have been promifed them by th« Prefidcnt. -. ' . " " Accept my refpe^, .••, ... ,: ■ . ;\"-/- r* ■ " GENET. '*'-*-»^,4wJf % y 4 • TRANSLATION. '■-■■;' ^ ^ r .•• i; ..«..-,. r.-^.., Niw-YoRK, Nover/ber nth, 1793. 2d year of the Republic. ^TbeCiiiKin GeHeiiM'tnifler Plenipotentiary, of the Republic of France, to' Mr. Jef' ferfon. Secretary of State of the United States. Sir, • 'T'HE funds which were at the difpofulon of the French Republic for the year 1 75 3, being exhauited by the colonial bills drawn on them, by the conliderable expenfe which the continuance of the veflels af the republic, in the ports of the United States occasions, by the iliccour which I have given to the refugees from the Cape, the fupplies of all kinds wiiich I have fent into the French colonies in America ; in fine, the divers expenfes of the legation and of the adminiftration confided to me, I requelt the favor of you to make known to the Prehdent of the United States, that I am forced in order to face our engagements, and to re- lieve our moft prefling neceflities, to draw on the fums which will become due to France, in the years 1794, and 95, until Congrefs fliall have taken into con- fideration the modeof reimbu:i'ement which I have been inftrufted to propofe to the Federal Government ; our contractors will be content with thefe aflignments, provided they are accepted by the treafuiy of the United States, to be paid whea they become due. - ..\^. ; , •,^' 'v^^'-. • - Accept ne^ refpeBy ■ . ^, ^ ' GENET. ' V • ' -Zr. - 'r ^ TRANSLATION. New- York, 14th November, 1793. , zd year of the French Republic. The Citizen Genet, Minijier Plenipotentiary of the French Republic, to Mr. Jeffer- fort. Secretary of State of the United States. • Sir, TT becomes extremely important that you fl;ould have the goodhofs to inform * me without delay, whether I can draw, by anticipation, on the approach- ing relmburfements of the debt of the United States to France; our agents being informed, that the funds which were at the difpofition of the republic for 1793, arc exhaufted, have fufpended their liipplies and their enteiprizes, until they Ihall be affured that the aflignments of the debt, which I may m?ke to them in viitue of my powers, (hail be paid when due. As without doubt you will form to yourfelf a juft idea of all th« branches of the fervice which will fufFer, as long as this authority fhaH be withheld from me, I am perfuaded, Sir, that you will zealoufly fecond me in this negociation. Two thoufand feamen and Ibldiers whom I fupport are on the eve of wanting bread. The repairs of o\u* Veflels are at a ftaiid. The indifpenfable expeditions of liibfiftence for our colo- nies and France ai'e I'ufpended. The federal government, without advancing a fingle one of the payments fixed by law, can by two words figned by you or the S'wretaryof the Treaiury, agam put every thing into nioLion, until Congrefs (hall have taken into coniideration the general mode of i-eimburrement which I have been inilru^ed to cO'iununicaU to youj and whicU alone can put i|ie in a fo t>e w th . ] n: fl ri A ( . r J ,> t 97 J not Igifla- I right ranted }y th» Mndltion to ftppljr, at lead France for the next campaign, iSnce It could not do fo far this one. The long nights, the thick fogs and the heavy fcas of vinter will he favorable to our tranfports, by rendering lefs probable, the painful riiks to which the odious principles of England expofe neutral vefiels, and particularly thofe of the United otau*. " ' . . . , ' Accept my refpeA, / GENET. Germantown, November 24/*, I793. /Af'', yfjffer/o/i, Seirttary of State^ to Mr. Genet^ Minijler Pknifotentiaty of the French Republic, I LAID before the Prefidentof the United States, your two letters of the Iith and 14th inftant, on the fubjedt of new advauces of money, and they were im- mediately referred to the Secretary of the Treafury, within whofe department fubjeds of this nature lie. I have now the honour of enclofing you a copy of his report thereoii 10 the Prefident, in unfwer to your letters, and of adding alTurancet of the rcfpe Your mod obedient and ' •■ '' • ' \^-' ■ "•'- moft humble fervant, •" ' ^^' . r '• Th: JEFFERSON. th 'ii'W; ".-■.r Secretary of tie Treafuyy. treafury Department. November %ii 1793 :l r' -^ll — U U»* id k ,J^Ii:.. of w- New-York, ai Nmemier, 1793 ,Ci>'iti"> Coventor of Neru-Yorh., to ilf/. Genet, Minijler Plenipotentiary Si Rj ■ • •.:, AS by your letter of the nth inftant, I am informed that the veffcl thetjein mentioned, now repairing at tlic wharf in the i!aft river, is called the Car- snagnole, and that llie was lined out as a privateer, in the Delaware, 1 conceive it proper to tranfinit to you a copy of a letter which I have fince received from the Secretary of war, dated the ijth inftant, in anfwer to one from me to the Prefi- deutof the United States, informing him of your having withdrawn the commif- fions granted to certain privateers, fitted out in the ports of the United States : By v'hich you will perceive it to be the fenfe of :he Prcfident, that this veffel Ihould be entirely divefted t)f her warlike equipments, and which, from the readinefs you are pleaied to exprefs to conform to the views of the Federal Government, I can- not doubt, will on the receipt hereof, be complied with, and that until this is eifedcd you will not permit her to leave the harbour. ::> '..i^ir-'v,*!!'-*^ j:"'-'" V-?v ■■;■■■■■';,->'•.•■% ■ I am, &c. A . :. • V -' - Go: CLINTON.- )(■'*:' ;::i,,;,4t* , v-v New- York, i^J November, 1793. .' . V- >'",,-' ad year of tlie French Republic. ' Citinen Genet, Miurjler plenipotentiary from the French Republi^, ft General Clinton, Governor of the Jlate of NewYori. . , • ' Sir, ■\-^-^' ■ '---^i *: I HAVE received the letter which you did mc the honor to write me the zift inftant,' as alfo the copy annexed to it, of a letter from the Secretary of War. The frefti requilitions which iiave lately been tranfmitted to you refpeifting the fchooner Columbia, formerly called the Carmagnole, are only a continuation of the fyftera which has b«en obferved towards me, from the very commencement of my niiftion, and which evidently appears to be calculated to baffle my zeal, to fill me with difguft, and to provoke my country to meafures dilated by a juft refentment, which would accomplifli the wifties of^thofe whofe politics tend only to difunite America from France, the more .auly to deliver the former into the power of the Englifli. Warned by this conjedurc, which is unfortunately but too well feunded, In- ftcad of proving to you as I could eafily do that the orders which have been given to you, are contiary to ^ur treaties, to the condaft of the Federal Government even towards the Britiih nation, whofe packets and a great number of merchant veffels I am well informed, have been permitted to arm for defence in their ports, to the bonds of frk-ndlhip which unite the people of both Republics, and to their mutual intercft, fince the veffel in queition is intended-to ferve as an advice-boat in our correfpondence with the French iflands, which, by our treaties, you are bound to gaurantee, and in whofe fate your property is no le& interefted than ours, I will give orders to the conful and to the French commodore of the road, t» conform thcQifelves to every thing that your wifdom may think proper to diicdt. Accept, Sir, my fincere and >." »n*i.f " refpe(Siful attachment, ' ■■■'-■.„;;,,.. GENET..-.: I "/.t ■ .■" \ *p».p" ';iiwf "fn , 1 /■ Sir, rk New-York, ^«4/i November., 1793. Govtrntr ef NeiwYork, to the Prifident of the United States. I HAVE recently received a letter from, the Secretary of War, dated the nth, andalfo another dated the 13th inftant, manfwer to mhie of the 8th of Sep- tember laft. On, recurriiig to my correfpondencc with the minifter of France, a copy of virhich was enclofcd in that letter, it will appear, that my objc(Sl was to procure the departure of the privateers Petit Democrat and Carmagnole, agreeably to your decifion, communicated to me in a letter from the Secretary of War, dated the l6th of Auguft ; but as it was mentioned to be your defire, tliat forcible meafures. fhouldr the reforted to, until every ether effort had been tried. I thought it proper to fubmit to your confideration the meafure propofed by the French minifter. In the interim, the Petit Democrat departed from this harbour without any aug- mentation of her military equipaicnts, fo far, as my knowledge extends. The Carmagnole ftill remains here, and it feems is the veffcl to which my letter of the 15th inftant refers. I now tranfmit a fecond letter vhich I have written to the French minifter on thisfubjeift and his anfwer, and have only to requcft to be in- formed whether any farther interference on my part is espedkd. As I (hall in a fiiort time fet out for Albany, to attend the meeting cf our legif- lature, 1 take this opportunity of apprizing you of it, in order, that if any arrange- ments are thought neceflary, which may, require my pcrfonal attention, they may be concerted before my departure, as it is u^icertain whether I Ihall icti 1 to this «ity b<>forfl fpring. ,sjii...ij . ctu. -'hv 1 anj, with fentiments of the highcft refpcdl, , , Your moft obedient fcrvant, ''v , . . '. , 5ir, are confined lo this, that you will nDt fuffcr poignards, for their airaflinatlon, to be forged in your territory. I pray you, in confequence, Sir, to rcpicfent to the Prefident of the United States, jft. Tliat the perfonal fafety of oar coniuls is threatened, at Charlefton and at Jjaltimore, and that little acStivity is employed for their proteftion. ad. That 200 colonial emigrants are embarking ut Baltimore, and are perhaps departed to join the traitors of Jeremie — That two other vefFels, armed, doubtlcfi, by our enemies, , are advertifed at Philadelphia, in the counter-revolutionary gazettes, to carry paffcngers of the fame ftamp to the Mole, Saint Nicholas. 1 hat 1 know alfo, ot jny certain knowledge, that American vefiels have, for fome time, carried provi- fions and war ftores to thefe two rebel places ; and, in fine, that the emiffaries of rnen, with whom fome of your minifters aflbciate, have gotie to this illand, which- has been a long ti»ie the prey of a thoufand artful confpiracies, there to negociatc infurredlions, and the ruin of the commercial interefts of my country ; that it is on your territory, that all this is doing ; that it Is In your country, in fine, that exifts the centre of the intriguing dcfolations of our Ultramarine poffeflioris. 1 requeft you. Sir, to obtain a definitive anfwer, from the fupreme head of the federal government, on thefc two objeAs, in, order that I may, by the firft oppor- tunity, inform the French government of the fteps I have taken in this refpcA, and of their cffeiS:. I fhall moreover take the liberty to propofe to you, a nteafure, which I cannot adopt, but with your authority, and which would obviate the fubterfuges of trai- tors, and the coercive means which you may not poflefs. It is, to" give orders to the armed veffels of the Republic, to ftop every American veffel deftined for the ifland of Saint Domingo, which fliall not have a paflport figned by me. Thus 1 Ihall prevent the introdudion of enemies, which may efcape your vigilance, and . we Ihall guard your citizens from feduAio^is and dangers. 1 beg of you to make Jmown to me the intention of the Prefident on this propofition. '. | 1 Accept my refpeA, ■ '- r :l'M >«■- Mir '«])i^-!. Cl,;piJ. ' ■' '■■ , '.,■ ,-(■• '•.i.|.'4Krs*;^t,|.'4-"' >"'^ i '^ «^.ij4. ..i>^il^.;'.M_ >J5itJ»f ;,XS.- »■.-„>" i-"' •:< ■■vH- clear [tunes. |i(5tion fame itern- Iprovc, were tverc £ng. iw the !fe par- of the •morfe, 111 thefc Irm de- ild find ■cat re- iFrench ten at 3 c the.r il mea- ncnt to of you •ds, for T. pHllAfetifHTA, Unemhtt 30, t79J. Ml-, yfffcrfon. Secretary of State, to Mr. Genet, Minijler Plcnlpoieniiary of FranSt. Sir, I HAVE laid before the Prcfideftt of the I'^itfcd State», your letter of Novemlwf 25th, and have now the honor to inform you, that moft of its objcdls, being beyond the powers of the executive, they ean only manifeft their difpodtions, by «(fting on thofe which are within their powers. hillraiSion* are accordmgly fent to the diftrid attorneys of the United States, reCding within frutcs wherein French confuls are eftablilhed, requiring them to inform the confuls of the nature of the provifioni made by the laws, for preventiqgj aswell as punifliirlg, injuries to their pcrfons, and to advife and affift them ift calling thefc provifions into adivity, when- ever the occafions for them fliall arife. It is not permitted, by the law, to prohibit the departure of the emigrants to St. Domingo, according to the wifli you now exprcfs, any more than it was to force them away, according to that expreffed by you in a former letter. Our country it open to all men, to come and go peaceably, when they chufe ; and your letter doci not mention, that thefe emigrants meant to depart armed and equipped for war. Left, however, this Ihould be attempted, the gaveriJors of the ftatcs of Pennfylva- nia and Maryland are requefted to have particular attention paid to the veflcl* named ia your letter, and to fee that no military expedition be covered or permit- ted, undci colour of the right which the paflengers have to depart from thefc il ates. Provifions not being clafTed among the articles of contraband, in time of war, it is poflible, that American veflels may have carried them to the ports of JTeremie and l^aMole, as they do toother dominions ofthe belligerent powers; but n they have carried arms alfo, thefe, as being contraband, might certainly have been flopped and confifcated. In the letter of May 15, to Mr. Ternant, I mentioned, that in anfwcr to the complaints of the Britilh minifter, againft the exportation of arms from the United States, it had been obferved, that the nianufadlure of arms was the occupation and livelihood of fome of our citizens ; tiiat it ought not to be expedled, that a war among other nations Ihould produce fuch an internal derangement of the occupations of a nation at peace, as the fuppreffion of a manufadure, which is the fupport of fome of its citizens; but that if they Ihould export thefe arms to nations at war, they would be abandoned to the feizurc and confifcation, which the law of nations authorifed to be made of them on the higit feas. This letter was handed to you, and you were pleafed, in yours of May ij, cxprefsly to approve ofthe anfwcr which had been given. On this occafion, therefore, wc have only to declare, that the fame condud will be obferved, which was announced on that. The propofition, to permit all our veffels, deftincd for any port in the French Weft-India iflands, to be flopped, unlefs furnifticd with paffports from y Durfelf, is fo far beyond the powers of the executive, that it will be unneceflary to enumerate the objeiftions to which it would be liable. 1 have the honor to be, &c. T H : J E F F E R S O N. • I'iii" 1 '. ,; ,1 • Wardens-Office, PiiitADCLPHlA, 7,^th Novemhcr, I793. Mr. Fa'ctncr, MiJIer Warden of the Port of Philadelphia, to his Excellency Tbamas Miljlin, Govertor af the Comiroifwcallh of Pennfylvania. """' Sir, IN obedience to your excellency's letter of this morning, I have feen Me. Jacob Shoemaker, one of the owners of the Ihip Delaware ; he informed me, that they intend their Ihip for Cape Nichola Mole, and expeded to take a number of pallengers, if they offered ; but they affure me, only one perfon has, as yet, en- gaged his paffage in the fliip Delaware ; I have requefted of Mr. Shoemaker and Oaj>taiu Art, that whatever Frenchmen mayengag^ their paffages, that they will < V l!i '\ firing them to me, in order to declare the objed of their voyage. I have alfo been ' ivhh the owners of the Goillette Betfey, who are Reed and Ford ; who inform, that file is not bound to Jeremie nor the Mole, but chartered by a French gentleman for Guadaloupe, to go there in order to bring off his property'^, fome pafiengera 9re going in her for that ifland. You may reft aiTurcd, I will pay every attention to thofe veCTels ; and if I can difcoyer any thing like armament, 1 Ihall give your ex- tellency immediate notice of it. I am your excellency's moft obedient Humble fervant, NATHANIEL FALCONER, Mailer Warden of the Port of Philadelphia. "*^'*^'* A. J. DALLAS, Secretary. ^^m^r'^€/!C^ ^^^.'^^^'"p^-^ »» ^v': •wV', A, _ --M< tX'^^'Xm.' V*' '-- :^*;»4s. • .,-=>'^'V^i^'v*Vs'»'^^ yM- I: ii I . '1 .■V ,; \ alfo been 3 inform, entleman >a(renger« attention : your ex- elphia. retar?. n^.- •tl , .HX.ffttti. DEPARTMENT of STATE.towU: THEREBT certify, that the preceding copies and I tranjlations, beginning with a letter of May twen^ ty-fecond^ one thoufand /even hundred and ninety^ three, and ending with one of November twenty-^ ninth, one thoufand /even hundred and ninety-three, are from originals, or from authentic copies, in the office of the department qfjiate. \ " ^ ' ' G IFE N under My hand, this fourth day of December, one thoufand f even hundred and ninety 'three. ; ^ . , Th: JEFFERSON. ( ; » « •^