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or capture, in the same manner as whom the United States Tould be they all suffer the English to treat at peace, the goods (except conthem."

traband) and the persons of her The minister of foreign relations emenies (soldiers in actual service is charged with the execution of excepted), found on board the ver. the present resolution, which thall sels of the United States, were to not be printed.

be free from capture. That, on the A true copy.

other hand, if the United States (Signed) CARNOT, President. thould engage in war with any

nation, while France remained at

peace, then the goods (except conAnfiver of the Executive Government traband) and the persons of our

of America to Cirizen Adet's Note, enemies (soldiers in actual service inclosing the Decree of the Direce excepted), found on board French tory refpeeting Neutral Vessels. vesels, were also to be free from

capture. This is plainly expresled SIR,

in the 23d article of that treaty, I have the honour to acknow- and demonstrates that the reciproledge the receipt of your note, of city thereby stipulated was to opethe 27th ult. covering a decree rate at different periods; that is, at of the executive directory of the one time in favour of one of the French republic, concerning the contracting parties, and of the o. commerce of neutral nations. ther at another time. At the

preThis decree makes no distinc. sent time, the United States being tion between neutral powers who at peace, they polless by the treaty can claim only the rights. secured the right of carrying the goods of to them by the law of nations, and the enemies of France, without others between whom and the subjecting them to capture. BAC French republic treaties have im- what do the spirit of the decree of pored special obligations. Where the executive directory and the no treaties exist, the republic, by current of your observations reseizing and confiscating the pro- quire ! - That the United States perty of their enemies found on mould now gratuitously renounce board neutral vessels, would only this right. And what reason is exercise an acknowledged right un- afligned for denying to us the ender the law of nations. If, to. joyment of this right? Your own - wards such neutral nations, the words furnish the answer: “ France, French republic has forborne to bound by treaty to the United execute this rigbt, the forbearance States, could find only a real disaid. has been perfectly gratuitous. The vantage in the articles of that treaUnited States, by virtue of their ty, which caused to be respected, treaty of commerce with France, as American property, English pro. 1tand on different ground.

perty found on board American In the year 1778, France volun- vesels." This requisition, and the tarily entered into a commercial reason asiigned to support it, alike tretty with us, on principles of excite surprize. The A.nerican go. perfect reciprocity, and expressly vernient, fir, conscious of the p:ftipulating that free faips should make rity of its intentions, of its inpar. free goods. That is, if France Thould tial observance of the laws of neu. be at war with any, nation with trality, and of its inviolable regard



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to treaties, cannot for a moment been already exhausted, can it be
admit that it has forfeited the right a matter of surprise that there
to claim a reciprocal observance should be a repugnance to answer
of ftipulations on the part of the a letter containing such infinuations
French republic, whofe friendthip as these?
moreover it has every reason to 6 It must then be clear to every
cultivate with the moit perfect fin- man, who will discard prejudices,
cerity. This riglit, formerly in- love, hatred, and, in a word, all
fringed by a decree of the pational the passions which lead the judg-
convention, was recognized anew ment aftray, that the French re.
by the repeal of that decree. Why public has a right to complain, if
it Mould be again questioned, we. the American government suffered
are at a loss to determine. We are the English to interrupt the coin.
ignorant of any new restraints on mercial relations which exist be-
our commerce by the British go-tween her and the United States ;
vernment; on the contrary, we if by a perfidious condescensor it per-
possess recent official information, mitted the Englili to violate a right
That no new orders have been illued. which it ought, for its own honour

The captures made by the Bri- and interesi, to defend ; if, under
tish, of American vessels having the cloak of neutrality, it present-
French property on board, are war. ed to England a poniarst to cut the
ranted by the law of nations. The throat of its faithful ally ; is, in
force and operation of this law was fine, partaking in the tyrannical and
contemplated by France and the homicidal rage of Great Britain, it
United States, when they formed concurred to plunge the people of
their treaty of commerce; and their France into the korrors of famine!
Special ftipulation on this point was for the sake of preserving harmo-
meant as an exception to an uni- ny, silence was preferred to a com-
versal rule; neither our weakness ment upon these infinuations.
nor our strength have any choice, You are also pleased to refer to
when the queltion concerns the ob: your letters of March and April
servance of a known rule of the last, relative to impreffes of Ameri-
law of nations.

can seamen by British ihips, and You are pleased to remark, that complain that the government of the conduct of Great Britain, in the United States had not made Kapturing vessels bound to and from known to you the steps they had French ports, had been the subject taken to obtain satisfaction. This

, of a note, which, on the 29th of fir, was a matter which concerned Sepiember, 1795, was addrested to only that government. As an inthe secretary of state, but which dependent nation, we are not bound remained without an answer. Very to render an account to any other fufficient reasons may be assigned of the measures we deemed proper for the omillion. The subject, in for the protection of our own ciall its aspects, had been officially tizens, so long as there was nos the and publicly difcufied; and the flighteft ground to suspect that the principles and ultimate measures of government ever acquiesced in any the United States, founded on their aggression. indisputable rights, were as pub. But permit me to recur to the licly fixed. But if the subject had subject of the decree of the execu- . not, by the previous discussions, tive directory,


As before observed, we are of- it shall be informed that a new line ficially informed that the British of conduct is to be adopted towards government have issued no new or- this country, on the ground of the ders for capturing the vessels of the decree referred to, its surprise will United States. We are also of- equal its regret, that principles ficially informed, that, on the ap- should now be questioned, which, pearance of the notification of that after repeated discussions both here decree, the minister of the United and in France, have been demon. States at Paris applied for informa- strated to be founded, as we consion, “ Whether orders were issued ceive, in the obligations of imfor the seizure of neutral vesels, partial neutrality, of stipulations by and was informed, that no such treaty, anet of the law of nations. order was issued, and further, that I hope, fir, you will find it conno such order would be issued, in venient, by an early answer, to ease the British did not seize our remove the fufpence in which the vessels.” This communication from government of the United States is the ininister of the United States now held on the question above at Paris, to their minister at Lon- Itated. don, was dated the 28th of Au. I Mall close this letter by one reguft; but the decree of the direc- mark on the singularity of your tory bears date the 14th Mellidor, causing the publication of your answering to the 2d of July. These note. As it concerned the United circumstances, together with some States, it was properly addrefled to observations in your note, leave its government, to which alone the American government in a state pertained the right of communiof uncertainty of the real inten- cating it in such time and manner as tions of the government in France. it should think fit to the citizeus of Allow me then to ask, whether, in the United States. the actual state of things, our com

I am, sir, with great respect, merce is considered as liable to Your most obedient servant, suffer any new sestrictions on the

TIMOTHY PICKERING. part of the French republic? Whe. United States, Philadelphia, Nov. 3. ther the restraints now exercised by To M. Adit, minister plenipotentiaxy the British government are' confi- of the French republic. dered as of a nature to justify a denial of those rights which are pledged to us by pur treaty with A Proclamation by George Washingyour nation? Whether orders have

ton, President of the United States actually given to the ships of

of America. war of the French republic to cap. ture the vessels of the United Whereas an explanatory article, States? And what, if they exist, to be added to the treaty of amity, are the precise terins of those or- commerce, and navigation, between ders?

the United States and his Britannic The questions, fir, you will fee, majesty, was concluded and signed are highly interesting to the United at Philadelphia, on the 4th day of States. It is with extreme concern May latt, by. Timothy Pickering, that the government finds itself re- esq. fecretary of te, on the part duced to the neceflity of atking an of the United States, and by Phi. explanation of this nature ; and if neas Bond, efq. the commitioner of

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his Britannic majesty, which ex- United States; which latter ftipu. planatory article is in the words lacion has excited doubts whether following:

in its operation it may not inter

fere with the due execution of the EXPLANATORY ARTICLA.

said third article of the treaty of Whereas by the third article of amity, commerce, and navigation: the treaty of amity, commerce, and it being the sincere desire of and navigation, concluded at Lon- his Britannic majesty, and of the don on the nineteenth day of No. United States, that this point should vember, one thousand seven hun- be so explained as to remove all dred and ninety-four, between his doubts, and promote mutual satisBritannic majesty and the United faction and friendship: and for this States of America, it was agreed purpose his Britannic majefty hav. that it should at all times be free ing named for his commissioner, to his majesty's fubjects, and to the Phineas Bond, efq. his majefty's citizens of the United States, and consul general for the middle and also to the Indians dwelling on ei- fouthern states of America (and ther side of the boundary line af. now his majesty's chargé d'affaires figned by the treaty of peace to the to the United States); and the preUnited States, freely to pass and sident of the United States having repafs, by land or inland naviga- named for their commissioner Ti tion, into the respective territories mothy Pickering, efq. secretary of and countries of the two contract. state of the United States, to whom, ing parties on the continent of A

agreeable to the laws of the United merica (the country within the Siates, he has entrusted this negolimits of the Hudson Bay company tiation': they, the said commifliononly excepted), and to navigate allers, having communicated to each the lakes, rivers, and waters there- other their full powers, have, in of, and freely to carry on trade virtue of the fanie, and conformaand commerce with each other, bly to the spirit of the last article subject to the provisions and limi. of the said treaty of amity, comtations contained in the said arti. merce, and navigation, entered into cle: And whereas, by the eighth this explanatory article, and do by article of the treaty of peace and these prefents explicitly agree and friendship concluded at Grenville, declare, That no ftipulations in on the third day of August, one any treaty subsequently concluded thousand seven hundred and nine- by either of the contra Ating parties ty.five, between the United States, with any other state or nation, or and the nations or tribes of Indians with any Indian tribe, can be incalled the Wyandots, Delawares, derstood to: dérogate in any man. Shawanoes, Ottawas, Chippewas, ner from the rights of free interPutawatimies, Miamis, Eel River, course and commerce secured by the Weeas, Kickapoos, Piankashaw's, aforesaid third article of the treaty and Kafkalkias, it was stipulated of amity, commerce, and navigathat no person Bould be permitted tion, to the subjects of his majesty, to reside at any of the towns or and to the citizens of the United hunting camps of the said Indian States, and to the Indians dwelling tribes as a trader, who is not fur- on either side of the boundary: line nished with a licence for that pur- aforesaid; but that all the said perpole, under the authority of the fons mall remain at fuit liberty


1 +

freely to pass and repass, by land part of the United States, I hereby or inland navigation, into the re- make known the premises; and en-:“. spective territories and countries join and require all persons bearof the contracting parties, on either ing office, civil or military, within side of the said boundary line, and the United States, and all others, freely to carry on trade and com- citizens or inhabitants thereof, or merce with each other, according being within the same, to execute to the stipulations of the said third and observe the said explanatory article of the treaty of amity, com- article accordingly. merce, and navigation.

In testimony whereof I have This explanatory article, when caused the seal of the United the same ihall have been ratified States to be affixed to these by his majesty, and by the president presents, and signed the same of the United States, by and with with


hand. the advice and consent of their Given at the city of Philadelsenate, and the respective ratifica- phia, the fourth day of No. tions mutually exchanged, shall be 'vember, in the year of our added to and make a part of the Lord one thousand seven hunsaid treaty of amity, commerce,

dred and ninety-fix, and of and navigation, and thall be per- the independence of the Unit. manently binding upon his majesty ed States of America the twenand the United States.

ty-first. In witness whereof we, the said (L. S.) George WASHINGTON.

commissioners of his majesty By the president,
the king of Great Britain and

Timothy PICKERING, the United States of America,

Secretary of State. have signed this explanatory article, and thereto affixed our seals. Done at Philadelphia, Speech of George Washington, Prefithis fourth day of May, in dent of the United States of Amethe year of our lord one thou

rica, to both Houses of Congress, Sand seven hundred and nine

December, 7, 1796.

(L. S.) Fellow citizens of the senate,
(L. S.). and of the house of represen-

tatives, And whereas the said explana- In recurring to the internal situtory article has by me, by and with ation of our country since I had the advice and consent of the senate last the pleasure to address you, of the United States on the one I find ample reason for a renewpart, and by his Britannic majesty ed expreflion of that gratitude to on the other, been duly approved the Ruler of the Universe, which and ratified, and the ratifications a continued series of prosperity bave finĉe, to wit

, on the fixth day has so often and so justly called of O&tober last, been duly ex

forth. changed: now, therefore, to the The acts of the last session, which end that the said explanatory arti , required special arrangements, have cle be executed and observed 'been, as far as circumstances would with punctuality and the most fin- admit, carried into operation. cere regard to good faith on the Measures calculated to ensure a 1796.





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