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Relations with France.
judge of the country, may be admitted in proof of or pretended trials, and sales of prizes, by French desertion.
Consuls and agents: in order to prevent any claim XIX. It may be agreed, that, on mutual requi- to the exercise of such powers, it will be expesitions by the respective Ministers or Consuls of dient expressly to declare they shall not be exerthe two nations, persons charged with murder or cised in the United States; whether the prizes are forgery committed within the territorial jurisdic-made by public ships or privateers. There will, tion of one, and fleeing to the other, shall be de- of course, be a reciprocal denial of the exercise of livered up.
the like powers by American Consuls and agents XX. It may be agreed that neither party shall in the dominions of France. Prizes ought to be intermeddle in the common fisheries on the coasts conducted to the country to which the captors of the other party, nor disturb the other party in belong, unless the two parties are engaged in hosthe exercise of the rights which either now holds, tilities against a common enemy. But, in this or may acquire, of fishing on the banks of New case, the established courts for prize causes in the foundland, in the Gulf of St. Lawrence, or else country to which the prizes are conducted should where on the American coast northward of the alone take cognizance of them. United States of America: but that the whale
XXIII. The duties of an impartial neutrality, and seal fisheries may be freely exercised in every when either party shall remain neutral, will forquarter of the world.
bid any permission to the enemies of the other to XXI. The seventh and twenty-second articles arm originally, or to increase a former armament, of the Commercial Treaty between the United in the ports of the neutral party. States and France, of February 6, 1778, have been
XXIV. When one of the parties shall be enthe source of much altercation between the two gaged in war, the vessels of the other may be capnations during the present war. The dissolution iured on just suspicion of having on board propof that and our other treaties with France leaves erty belonging to the enemy of the former, or of us at liberty with respect to future arrangements; carrying to the enemy any of the articles which with the exception of the now preferable right are contraband of war. With these exceptions, secured to Great Britain by the twenty-fifth arti- the trade of each party to the ports of the enemies cle of the Treaty of Amity and Commerce. In of the other should be perfectly free, unless to the that article we promise mutually that, while we ports actually blockaded ; and if such enemies continue in amity, neither party will in future forbear to capture enemies' property in neutral make any treaty ihat shall be inconsistent with vessels, it may be agreed that in such case, the that article or the one preceding it. We cannot, contracting parties will forbear to capture the ves. therefore, renew with France the seventeenth and sels of each other for that cause. The law of twenty-second articles of the Treaty of 1778. Her France of the 18th of January, 1798, respecting aggressions, which occasioned the dissolution of produce or manufactures coming from England that treaty, have deprived her of the priority of or her possessions, is incompatible with the stipurights and advantages therein stipulated. Indeed, lation here proposed, and, if not repealed, negotiaif the public faith pledged in the British Treaty tions with you must be deemed illusory. did not forbid a renewal of those engagements
But that captures on light suspicions may be with France, sound policy should prevent it. We avoided, and the vexations and injuries thence should preserve to ourselves the right of allowing arising prevented, the usual stipulations for seaevery commercial nation in amity with us the letters or passports, and certificates or manifests like shelter, supplies, and assistance, under like of the cargoes of vessels, may be introduced. But circumstances; and, by excluding all equally when peither party should be allowed to prescribe the engaged in war, (saving to each the rights of hu- form, or to require the exhibition of any documanity and hospitality.) we may keep the calami- ment (the sea-letter and certificates before menties of war at a distance. The engagements with tioned excepted) not required by the laws or Great Britain may cease in two years after the usages of the party to whose citizens the vessels close of the present war: but, under the stipula- and their cargoes belong. The form of the seations contained in the twenty-eighth and last arti- letter should be simple, like that now used by the cles of the British Treaty, the engagements in United States, in that part of the passport which question may be continued to a longer period. If
, is printed in the English language. therefore, you should find any cogent reasons for
When the quality of the ship, goods, and masrenewing in substance the seventeenth and twen- ter, shall sufficiently appear from the sea-letter ty-second articles of the Commercial Treaty with and certificates, the commanders of armed vessels France of 1778, it must be with the explicit de- should exact no further proof. And if any merclaration that neither at the present or any future chant ship be not provided with a sea-letter or time, shall the said articles be construed to dero- certificates, the case should be examined by a gate from the whole or any part of the twenty- proper judge ; and if it be found, from other proofs fourth and twenty-fifth articles of the Treaty of and documents, that the vessel truly belongs to Amity, Commerce, and Navigation between the the citizens of one of the parties, it should not be United States and His Britannic Majesty, con- liable to contiscation, but be released with its cluded at London on the 19th of November, 1794. cargo, with the exception of enemies' property
XXII. The present war has exhibited such in- and contraband goods which may be found on conveniences and mischiefs in our own country, board. The change of the master not to invaliand such monstrous abuses elsewhere, by trials, I date the passport.
Relations with France.
XXV. The following articles, beyond the quan- with his papers. This is an abuse; and many tities proper for the ship's use, may be deemed instances have occurred in the present war, is contraband of war: cannon, mortars, their car- which it has been practised with great inhumanity, riages and beds, muskets, petards, match, ball, and most when it was most inhuman-in tempesbombs, grenades, carcasses, cartridge-boxes, gun- tuous weather, when a boat could not be put out, powder, salt petre, pikes. halberds, swords, belts, but with imminent danger of the lives of the men. pistols, holsters, cavalry saddles and furniture, it will therefore be very well to stipulate that the and, generally, all kinds of arms and warlike in- neutral party shall in no case be required to go on struments fit for the use of troops; and all these board the examining vessel. And if this should articles may be declared to be just objects of con- in any cases prevent an examination, it can afford fiscation, whenever they are attempted to be car no just ground of complaint; for prima facie, betried to an enemy; but the vessel in which they ier is the right of the neutral than of the belligeare laden and the residue of the cargo to be free. rent vessel. Besides, the stipulation would be reFrance will probably not desire to extend further ciprocal. the use of contraband, and especially not to com XXVII. The usual stipulations in treaties, deprehend timber for ship building, naval stores, signed to prevent abuses by armed vessels, have and other articles for the equipment of ships. If
, ever been found inadequate; perhaps they do not however, she urges an extension, then timber for admit of a complete remedy: If, however, any ship, building, tar, pitch, turpentine, rosin, copper nation does not provide penalties and securities, in sheets, sails, and sail cloth, hemp and cordage, whereby to restrain offenders and indemnify the may be added; and, generally, whatever may serve injured, the nation itself ought to be responsible. directly and principally for the equipment of ves- Doubtless, the nation should be immediately resels. But iron in pigs and bars, timber for house sponsible for all abuses committed by national frames, pine or fir planks and boards, staves, nails ships. suitable for house building, coarse linens, and, One abuse is the destruction or concealment of generally, all other articles which, though'occa- papers of captured vessels. A remedy for this sionally
or from necessity applicable to the equip- seems practicable: the captors may be obliged to ment of ships, are not directly and principally give a receipt for them upon a list of the papers ; prepared for that purpose.
and they may also be sealed up with the seals of li is also probable that France will not desire the captors and captured. to consider provisions as contraband, unless going The master and supercargo, being entrusted by to a place actually blockaded, and we ought stren- the owners with the vessel and cargo, ought never uously to resist any other construction ; but if to be separated from them. They may prevent what is said on this subject in the eighteenth ar waste and embezzlement, and, on the arrival of ticle of our commercial ireaty with Great Britain the vessel, will be ready for examination ; and, should induce France seriously and with earnest- also, to claim the property in behalf of the ownness to demand the like stipulation, it may be con ers, and contest, as of right they may do, the leceded; yet a modification may first be attempted, gality of the capture. by proposing not only that if provisions be cap Bribery, or an attempt to bribe any one of the tured, they shall be promptly paid for, with a ship’s company or passengers to depose to any reasonable mercantile profit, freight, and demur- fact tending to the condemnation of vessel or rage, but that they shall not be captured at all cargo, or putting any of thein to torture for that unless going to a place actually blockaded, or to or any other purpose, should absolutely procure supply an invading army or hostile fleet, though her acquittal. in situations not actually forming an investment But a still greater evil remains, and more diffior blockade.
cult to remedy-the improper institution of prize XXVI. If, on the exhibition of the certificates courts. Probably no provision can be explicitly or manifests of a ship’s cargo, the property of an made, other than that each party will take effec enemy, or contraband goods, be discovered, and tual care that the judgments and decrees in prize the ship be consequently captured and carried into causes shall be given conformable to the rules of port, provision must be made to prevent embez- justice and equity, and the stipulations of the zlement, waste, and destruction.
treaty, and without any unnecessary delay, by But there is a very common regulation to pre-judges above all suspicion, and who have no manvent disorder and injury in stopping and examin- ner of interest in the cause in dispute. It would ing neutral ships, which certainly is disregarded be some check on the judges in prize causes if in practice, viz: That the examining ship shall their reasons for condemning were required to be pot approach the neutral within cannon shot, stated, with the other proceedings, in writing; while her boat is sent to make the examination and copies of the whole should, if demanded, be It is a rule which would produce both inconve- delivered to the commander or agent of the capnience and delay, and in bad weather be imprac- tured vessel without the smallest delay, or, at turticable, or very dangerous. The provision that thest, within fifteen daysafter sentence pronounced, only two or three men shall enter the neutral ves- and sooner if practicable, and at the expense of the sel is very proper, though, like many other salu- captors, (in case of condemnation,) not of the captary regulations, is not enforced by penalties on tured, who are otherwise sufficiently distressed. offenders. But instead of visiting the neutral, the Prizes, as already observed, should be conducted other often requires the neutral to send an officer into the ports of the party at war, or of an asso
Relations with France.
ciate in the war, and there adjudicated by the there is a subject on which to operate. The other regular tribunals. The French have conducted articles of the treaty should terminate in ten or their prizes into neutral as well as belligerent twelve years; a period as long as they will be ports; and, when there was no Consul to try and likely to be mutually satisfactory. condemn, leaving there the prizes, they have car The following points are to be considered as ried the papers to a distant place to find a French ultimated : tribunal; and there, in the absence of the cap 1. That an article be inserted for establishing a tured party, procured sentences of condemnation, board, with suitable powers, to hear and deterand sold the prizes. The same mode of obtain- mine the claims of our citizens, for the causes ing condemnation has been uniformly practised hereinbefore expressed, and binding France to pay when they carried their prizes into the ports of or secure payment of the sums which shall be an associate in the present war. But, without awarded. waiting for the result of this farcical trial, it has 2. That the treaties and consular convention, been common to uplade and sell the cargoes as declared to be no longer obligatory by act of Consoon as they reached a port.
gress, be not in whole or in pari revived by the An unreasonable burden is imposed on the cap- new ireaty; but that all the engagements, to which tured, in requiring them, if they think proper to the United States are to become parties, be speappeal to a higher tribunal, to find sureties in large cified in the new treaty. penalties, which, as strangers, it is impossible to 3. That no guaranty of the whole or any part procure. This evil demands redress.
of the dominions of France be stipulated, nor any The crews are often stripped of their property, engagement made, in the nature of an alliance. and even of their clothes, and turned ashore with 4. That no aid or loan be promised in any form out money or provisions. Such inhuman pillage whatever. is disgraceful to the nation which permits, or does 5. That no engagement be made inconsistent not, by adequate punishments, restrain it. The with the obligations of any prior treaty; and, as masters, supercargoes, other officers and seamen, it may respect our Treaty with Great Britain, the should be allowed certain sums; the former to em- instruction herein marked XXI, is to be particuploy counsel to support their claims to the prop-larly observed. erty captured, and also for their subsistence; and 6. That no stipulation be made granting powthe seamen might have an adequate allowance of ers to Consuls or others, under color of which trigood provisions until they could find vessels re- bunals can be established within our jurisdiction, turning to their own country. To admit masters or personal privileges be claimed by Frenchmen, and supercargoes into the courts to defend the incompatible with the complete sovereignty of the property captured, when they have been pre- United States in matters of policy, commerce, and viously stripped of their money, and all means of Government. providing the legal assistance essential to a right 7. That the duration of the proposed treaty be defence, is to tantalize with the semblance of jus- limited to twelve years, at furthest, from the day tice, while the substance is denied.
of the exchange of the ratifications, with the exXXVIII. If vessels of either party sail for a ceptions respecting its permanence in certain cases, place actually blockaded by the other, without a specified under the instruction marked XXX. previous knowledge of the blockade, every such
TIMOTHY PICKERING. vessel may be turned away, but not detained, nor DEPARTMENT OF STATE, Oct. 22, 1799. her cargo, if not enemy's property, nor contraband, be confiscated, unless, after notice, she shall again attempt to enter. Nor should any vessel List of books and papers, delivered to Governor Davie that may have entered prior to the blockade, be
for the use of the Envoys to the French Republic. restrained from quitting such place with her re 1. Chalmers's collection of Treaties between turn cargo; nor, if found there after the reduction Great Britain and other Powers, 2 vols. of the place, should they be liable to any injury. 2. Complete copy of the Laws of the United
XXIX. If a war should break out between the States, 4 vols. two nations, six months after the proclamation 3. Correspondence between Mr. Jefferson, Secthereof may be allowed to the merchants and retary of State, and the French Minister, Mr. Geothers of each nation, residing in the dominions net, 1 vol. of the other, for selling and transporting their 4. Letter from T. Pickering, Secretary of State, goods and merchandise. And if, during that term, dated January 16, 1797, to General Pinckney, Minany thing be taken from them, or injury done ister from the United States to the French Rethem, by either party, or the citizens or subjects public, with an appendix, containing correspondof either party, full satisfaction should be made. ences with the French Ministers, Fauchet and
XXX. The articles of the treaty which you Adet, 1 vol. may conclude, as far as they respect compensa 5. Documents (including General Pinckney's tion and payment for past injuries and contracts, information of his mission) laid before Congress, should be permanent, until the objects thereof be the 16th of May, 1797, 1 pamphlet. fulfilled. So likewise the article to prevent the 6. Instructions to, and proceedings of, the late sequestration or confiscation of debts, and shares Envoys, Pinckney, Marshall, and Gerry, 3 copies. or moneys in the public funds, or in public or pri 7. Mr. Gerry's letter of October 1, 1798, and vate banks, should endure, while on either side correspondence with M. Talleyrand, 3 copies.
Relations with France.
8. French originals of Mr. Talleyrand's com- enough at that place to form some judgment of munications, 3 copies.
the consequences of that change in the French 9. Report of T. Pickering, Secretary of State, Government. Upon a conference on the 6th of on Mr. Gerry's letter and communication, 3 copies. December, the Envoys resolved on the measures
10. Report of T. Pickering, Secretary of State, detailed in the following letter to the Secretary of on French spoliations, laid before Congress, Feb-State: ruary 27, 1797, 1 copy.
Lisbon, December 7, 1799. 11. Report of further spoliations, received Sep Sir: We arrived at this place on the 27th ultitember 6, 1798, from General Pinckney, manu mo. The late change in France, the circumstanscript.
ces of which we are informed will be fully de12. Letter dated 12th May, 1799, from M. Tal-tailed in Mr. Smith's despatches, and our desire leyrand to Mr. Murray, containing the assurances. to obtain a more accurate knowledge of the fea
'13. Letter of credence to the French Directory, tures and effects of this revolution before we ensealed with the seal of the United States.
tered that country, would have induced us to laad 14. One copy of the letter of credence. in Holland, where we might join Mr. Murray.
15. Three sets of instructions for negotiating and be in a better situation to govern ourselves by with the French Republic.
circumstances; but Captain Barry apprehends it 16. Form of the passport, or sea-letter, annexed would hazard 'the frigate to attempt any port in to the treaty of February 6, 1798.
Holland at this season of the year; we have, there17. Printed sea-letter in four languages, as now fore, determined to sail immediately for L'Orient. used in the United States.
From L'Orient we shall probably proceed to 18. Papers on the affairs of St. Domingo: 1. Paris, if we can be satisfied that our present letLetter from General Toussaint, to the President ters of credence will avail us. You will doubtof the United States, dated November 6, 1798; 2. less consider, sir, of the expediency of sending us, Answer to ditto, from the Secretary of State, with your first despatches, other letters of c!eMarch 4, 1799 ; 3. Letter of instructions to Ed-dence addressed to the Supreme Executive of ward Stevens, Esq., Consul General, and marked France, or in a manner more particular, which No. 1, March 7, 1799 ; 4. Letter to Edward Ste- may introduce us, if necessary, or sanction the vens, Esq., No. 2, April 20, 1749; 5. Heads of progress we have made. We have the honor, &c., regulations and points understood between the
OLIVER ELLSWORTH, Governments of Great Britain and the United
W. R. DAVIE.
Secretary of State.
Mr. Ellsworth and Mr. Davie, being detained 19. Letter to General Desfourneaux, agent of nine days by contrary winds, sailed on the 21st of the French Directory at Guadaloupe, declaring December for L'Orient; a succession of heavy the terms on which trade might be opened with gales and continued bad weather then rendering that island.
it apparently impracticable to reach that place, 20. Letter of instructions 10 Samuel Cooper, they authorized Captain Barry to make any port Esq., sent to the Isle of France to propose terms in France or Spain, and arrived at Corunna on for opening trade with that island.
the 16th of January, and the next day sent the 21. Letter from Fulwar Skipwith, late Consul following letter to Ch. M. Talley rand, Minister of General of the United States at Paris, dated Jan- the Exterior Relations of the French Republic. uary 23, 1799, enclosing a letter from Mr. Tal. by a special courier : leyrand, dated 12th December, 1798, on the rôle
CORUNNA, January 17, 1800. d'équipage.
The undersigned, Envoys Extraordinary and 22. A cipher, for secret correspondence with Ministers Plenipotentiary of the United States of the Department of State.
America to the French Republic, have the honor 23. Personal passports for Judge Ellsworth and to inform you of their arrival at this port, after a Governor Davie.
lapse of ten weeks since their leaving America. 24. Passport for the frigate United States. and the loss of four in a fruitless attempt to get
25. Letter to Judge Ellsworth and Governor from Lisbon (where they touched) to L'Orient. Davie, mentioning the names of Consuls and From hence they will proceed immediately to the agents of the United States in Spain, Portugal, confines of France by land. and France.
As they left the United States early in Novem. ber, their letters of credence are, of course, ad
dressed to "the Executive Directory of the French Mr. Ellsworth and Mr. Davie sailed from New- Republic.” This circumstance being a matter of port, Rhode Island, on the 3d of November, hav- mere formality, they are induced to suppose that ing agreed to touch at Lisbon, before they made no objection will arise out of it, and that their letany port of France; arrived there on the 27th of ters of credence will have the same effect as they November. Information of the revolution at Paris would have under an address adapted to the presof the 18th Brumaire had just been received, and ent distribution of the powers of the French Reit was therefore thought expedient to remain long public. Should the Government view this cir
Relations with France.
cumstance in the same light with the undersigned, Captain Barry having received directions from they then request that passports may be granted the Envoys to wait the return of the courier to for them and their suite to Paris, and that they Corunna, in order to take their despatches for the may be forwarded by the courier charged with Government, the following letter was written to these despatches; and also that there may be the Secretary of State: granted, and that you would have the goodness to
Burgos, February 10, 1800. transmit, together with their letter to him, a like passport to William Vans Murray, Esq., at the
Sir: We have the pleasure to enclose to you a Hague, who is joint Envoy Extraordinary and copy of our letter No. 1, dated at Lisbon, and forMinister Plenipotentiary, as before mentioned,
warded from St. Ubes. We were detained in the with them. They pray you, sir, to accept the as
Tagus by contrary winds till the 21st of Decemsurances of their high respect,
ber, when we sailed for L'Orient, under the exOLIVER ELLSWORTH,
pectation of making that port in seven or eight WILLIAM R. DAVIE.
days; but, on the 24th, we encountered a severe MINISTER OF Foreign RELATIONS, &c.
gale, which blew with little intermission until the 2d of January, at which time it was ascertained
that we had drifted as far as latitude 50, and to the The following is the letter forwarded to Wil- west of Cape Clear. Observing that Captain Barliam Vans Murray, Esq., mentioned in the above
ry was extremely apprehensive of approaching
any part of the French coast, on the Bay of BisCORUNNA, January 17, 1800. cay, in bad weather, and as so much time had been DEAR Sır: We enclose to you a copy of our already lost, we directed him to land us in any note to the Minister of Foreigo Relations of the port of France or Spain that he could make with French Republic, from which you will learn our safety and convenience; he thought proper to situation, and the steps we have taken to facilitate choose the port of Corunna, and anchored in the your progress and ours to Paris, where we hope Bay of Ares, a few leagues from that place, on soon to meet you for the accomplishment of a busi- the 11th of January. Being anxious to make the ness which we all have so much at heart. Your necessary preparations for our journey to Paris, letter of credence and your instructions are with and the wind continuing unfavorable for the sail
With much respect and esteem, we are, dear ing of the frigate to Corunna, we landed at the sir, your obedient servants,
village of Puente d’Eume, and immediately after OLIVER ELLSWORTH, our arrival at Corunna, despatched a courier to
WILLIAM R. DAVIE. Paris, with a letter addressed to the Minister of William Vans MURRAY, Esq.
Foreign Relations, desiring the necessary passports, (a copy of which is enclosed, marked" A.)
covering also a letter to Mr. Murray, a copy of The above Envoys, in pursuance of the plan which (marked B.) you will receive under this which they had adopted of going to Paris by land, enclosure. left Corunna on the 24th of January, and arrived The necessary arrangements were made to meet at Burgos on the 9th of February, where they met the courier at Burgos, or Victoria, and he fortuthe courier returning from Paris, with the follow- nately reached this place yesterday, a few hours ing answer from the Minister of Exterior Rela- before our arrival, charged with the despatches tions:
(marked C.) from Ch. M. Talleyrand, Minister of Paris, 11th Pluviose, (30th January,)
Exterior Relations, enclosing the passports re8th year of the French Republic. quested in our letter written ai Corunna. GextLEMEN: I have received the letter dated We regret exceedingly the time that must be at Corunna, which you have done me the honor consumed in a long and tedious journey by land. to write. I regret exceedingly that an unpleasant in the most rigorous and unfavorable season of and protracted voyage has so long delayed your the year; but after the ineffectual attempt to go arrival in France. You are expected with impa- to L'Orient by water, this measure appeared indistience and will be received with warmth. The pensable, notwithstanding any difficulties with form which has been given to your letters of cre- which it might be connected. We expect to leave dence will occasion no obstacle to the opening of this place 10-morrow, and flatter ourselves with a negotiation, from which I dare anticipate the the hope of arriving in Paris about the first of happiest results. No time will be lost in trans- March. We have the honor to be, &c., mitting to Mr. Murray the letter intrusted to my
OLIVER ELLSWORTH, care, to which will be added the necessary pass
WILLIAM R. DAVIE.
Hon. TIMOTHY PICKERING, ports. The requisite passports will also be forwarded to you. Agreeably to your desire, I con
Secretary of State. fide this packet to the courier whom you have despatched.
The Envoys set out from Burgos on the 11th Receive, gentlemen, the assurance of my high of February, and taking the route by Bayonne, consideration.
arrived in Paris on the 2d of March, where Mr. CH. MAU. TALLEYRAND.
Murray had also arrived the preceding day. Messrs. Ellsworth and Davie,
The following was delivered by Mr. Murray, Envoys, fc., of the United States. as an extract from his journal: