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Relations with France.

to France, to which, by the commission you send me, I am called, I herewith return it.

rupture between the two Republics? Neither incompatible interests, nor projects of aggrandizeI cannot, however, forbear expressing on this ment, divide them. After all, distrust alone has occasion, the high sense I entertain of the honor done the whole. The Government of the Unidone me by the President and Senate in the ap-ted States has thought that France wanted to revpointment; and I beg of you, sir, to present me olutionize it. France has thought that the Govto them in terms of the most dutiful regard, as-ernment of the United States wanted to throw suring them that this mark of their confidence in me, at a crisis so eventful, is a very agreeable and flattering proof of their consideration towards me, and that nothing short of absolute necessity could induce me to withhold my little aid from an Administration whose abilities, patriotism, and virtue, deserve the gratitude and reverence of all their fellow-citizens.

With sentiments of very high regard, and unfeigned esteem, I am, sir, &c.

P. HENRY.

itself into the arms of England. It does not require much skill to divine which is the Cabinet interested in the two events producing each other, and which invisibly puts in motion all the expedients calculated to make them take effect. Let us open our eyes on both sides. I am disposed to admit that the conduct of the Government of the United States may be explained by other causes than those heretofore presumed. But let it on its part understand that the French Government, wounded as it may be, is too wise to entertain the views of disturbance which the other supposes. It conCopy of a letter from Mr. Talleyrand, as Minister of cerns a Republic, founded on the system of repExterior Relations, to Mr. Pichon, Secretary of Le-resentation, to support and not to weaken similar establishments. The stability of this system abroad is a necessary example at home. France, in fine, has a double motive, as a nation and as a Republic, not to expose to any hazard the present existence of the United States. Therefore, it never thought of making war against them, nor exciting civil commotions among them; and every contrary supposition is an insult to common sense.

gation, Hague, dated

PARIS, 11th Fructidor,

(August 28, 1798,) 6th year. I see with pleasure, citizen, that the intercourse of society has procured you some political conversations with Mr. Murray. I entertain an esteem for that Minister. Like all the men at the head of the affairs of the United States, he has These fundamental principles being established, received the impressions which the British Cabi- it is natural to ask by what fatality a good undernet has known how to give against us. He thinks standing was not long since restored. It was bethe measures of his Government just, and sup-cause irritation being mingled with distrust, neiports them; but he possesses reason, understand-ther party yielded to real conciliatory inclinaing, and a true attachment to his country: he is neither French_nor English: he is ingenuously an American. I am not at all surprised that he has appeared to you to wish sincerely for the reconciliation of the two Republics. I will, therefore, cheerfully answer the questions you put to me on different points, which appeared to you not to be well established in his mind.

tions. In the United States it was supposed that the French Government was temporizing, in order to strike the blow with greater certainty; whence resulted a crowd of measures more and more aggravating. In France it was supposed that the Government of the United States wished only the appearances of a negotiation, whence resulted a certain demand for pledges of good faith.

I do not see between France and the United Let us substitute calmness for passion, confiStates any clashing of interests, any cause of dence for suspicions, and we shall soon agree. I jealousy. The Americans wish to be fishermen, used my endeavors to enter upon a negotiation in sailors, manufacturers, and especially husband- this spirit with Mr. Gerry. My correspondence men. In all these points of view, their success is with him, until the day of his departure, is a cumore at the expense of England than us. Why rious monument of advances on my part, and of should we be uneasy about them? They aspire evasions on his. It is wrong to think that I conto the consolidation of their national existence, fined myself to vague protestations. Among that and it is to our purpose that they should succeed. series of official letters, which will doubtless be In fact, we should have decided upon very super-published at Philadelphia, I select one, of the 30th ficial views to sustain their independence, if the Prairial, wherein you will see that I make very matter was to separate them from England mere-positive propositions, without any mixture of prely to leave them finally insulated among them-liminary conditions. This letter was followed by selves, on an extensive seacoast, weak, rivalling, three notes upon the articles to be discussed, and and impoverished by each other, and torn by for-I intended to complete the others in this manner eign intrigues. We know that Great Britain if Mr. Gerry had not refused to answer thereto. would soon have to put together, piece by piece, those scattered shreds, and we should have done nothing useful for ourselves, if so miserable a chance of it were not daily rendered more re

mote.

What, therefore, is the cause of the misunderstanding, which, if France did not manifest herself more wise, would henceforth induce a violent

When it became necessary to abandon the idea of treating with that Envoy, who thought it important only to know how a negotiation might thereafter be resumed, I gave him the most solemn assurances concerning the reception that a new Plenipotentiary would receive. It was far from my thoughts to insinuate that the President should send one from the United States, instead of

Relations with France.

he assured me, that having once only met Thomas Paine, at the house of a third person, he found him so prejudiced against the United States, and so opinionative, with respect to an influence he neither possesses among them nor us, that he abstained from conversing any more with him. Moreover, to cut short all misunderstanding, I en

the experiment he proposes to make on agriculture, and to return home. As to Mr. Hitchborn, of Massachusetts, I was even ignorant till now that he was in Europe. A single word will suffice for the rest.

We want nothing but justice on the part of the United States; we ask it; we offer it to their Government: it may depend upon the candor of the Executive Directory.

investing with his powers some one who was in Europe; far less that the Envoy should land directly in France, instead of announcing it in a neighboring country. I wished merely to say, that the Executive Directory was so decided for a reconciliation, that all tampering would be superfluous, that an act of confidence in it would excite its own. I should be very badly under-gaged Dr. Logan to postpone, till another time, stood, if there should be found in my expressions a restriction on the nature of the choice which the President might make. I wished to encourage Mr. Gerry, by testimonies of regard, that his good intentions merited; although I could not dissemble that he wanted decision, at a moment when he might have easily adjusted every thing. It does not thence follow that I designated him. I will even avow that I think him too irresolute to be fit to hasten the conclusion of an affair of this kind. The advantages which I prized in him are common to all Americans who have not man ifested a predilection for England. Can it be believed that a man who should profess a hatred or contempt of the French Republic, or should manifest himself the advocate of royalty, can inspire the Directory with a favorable opinion of the dispositions of the Government of the United States? I should have disguised the truth, if I had left this matter ambiguous. It is not to wound the independence of that Government, to point out a sincere friend of peace the shoals he ought to avoid.

As to the mediation of the Batavian Republic. and of Spain, I do not know that there is any serious question about it, and it appears to me absolutely useless. The United States might hesitate in the present state of things, to refer themselves to their impartiality, and besides, I perceive no subject which may not be arranged directly.

You will not doubt, citizen, that I approve of the communications which your zeal has caused you to seek with Mr. M., since I enabled you to resume them with official elucidations, &c.

CH. MAU. TALLEYRAND. [This letter was received from Mr. Murray, without the French original.]

The Minister of Exterior Relations to Citizen Pichon, Secretary of Legation of the French Republic, near the Batavian Republic.

PARIS, the 7th Vendemiaire, (Sept. 28, 1798,) 7th year of the French Republic, one and indivisible.

I have received successively, citizen, your letters of the 22d and 27th Fructidor, (8th and 13th of September.) They give me more and more cause to be pleased with the measures you have adopted to detail to me your conversations with Mr. Murray; those conversations, at first merely friendly, have acquired a consistency, by my sanction, transmitted to you on the 11th Fructidor, (28th of August.) I do not regret that you have trusted to Mr. Murray's honor a copy of my letter. It was intended only for you; and it contains nothing but what is conformable to the Gov

I know that the distance which separates France and the United States opens a vast field for incidents, and there have been but too many of them. But the Executive Directory is unshaken in the conduct which may best obviate them. The excess even of provocations has deadened their effect. The Government of the United States sur-ernment's intention. I am fully convinced that rounds itself with precautions against an imaginary attack. To stretch the hand to deluded friends, is what one Republic owes to another, and I cannot doubt that the dignity of that attitude will convince the President of our pacific intentions.

should explanations once take place with confidence between the two Cabinets, irritation would cease, a number of misunderstandings would disappear, and the ties of friendship would be more strongly united, as both parties would be made The two Governments ought, above all, to be sensible what hand had attempted to disunite attentive to indirect attempts to alienate them still them. But I do not conceal from you that your more. Their prudence will secure this object, letter of the 2d and 3d Vendemiaire, (23d and 24th and I shall cite but one example of it. You have of September,) this moment arrived, surprises me told Mr. Murray the truth respecting Dr. Logan. much. What Mr. Murray is still doubtful of has But I perceive, that on all hands it is attempted been very explicitly declared, before even the Presto produce a belief in America, that we are nego-ident's Message to Congress, of the 3d Messidor, tiating with him. On the 7th of this month, a very insidious paragraph was inserted in the Bien Informe. It is therein intimated that, guided by the citizen Thomas Paine, Dr. Logan has made application to the Executive Directory, in the character of a secret agent. The doctor has complained bitterly of it to me. He has no need of justifying himself concerning the matter, the falsity of which I know better than anybody; but 6th CoN.-35

(21st of June,) was known in France. I had written it to Mr. Gerry, namely, on the 26th Messidor, (12th of July,) and 4th Thermidor, (July 22d.) I repeated it to him before he set off. Á whole paragraph of my letter to you, of the 11th Fructidor, (28th of August,) of which Mr. Murray has a copy, is devoted to develop still more the fixed determination of the French Government. According to these bases, you were right

Relations with France.

to assert that whatever Plenipotentiary the Gov-powers to discuss and settle by treaty all controernment of the United States might send to versies between the United States and France France, in order to terminate the existing differ- But, "that the two former will not embark for ences between the two countries, he would be un-Europe until they have received, from the Execdoubtedly received with the respect due to the utive Directory, direct and unequivocal assuranrepresentative of a free, independent, and power-ces, signified by their Secretary of Foreign Relaful nation. tions, that the Envoys shall be received in charac

I cannot persuade myself, citizen, that the Amer-ter to an audience of the Directory, and that they ican Government need any further declaration shall enjoy all the prerogatives attached to that from us to take the resolution, in order to renew character by the law of nations, and that a Ministhe negotiations; to adopt such measures, as would ter or Ministers of equal powers shall be appointsuggest their wish to bring the differences to a ed and commissioned to treat with them.” peaceable end. If misunderstandings on both sides The answer you shall receive to your letter you have prevented former explanations reaching that will be pleased to transmit to this office. end, it is presumable that these misunderstandings You will also be pleased to understand it to be being done away, nothing henceforth will raise the President's opinion, that no more indirect any obstacle to the reciprocal dispositions. The and inofficial communications, written or verbal. President's instructions to his Envoys at Paris, should be held with any persons whatever, agents which I have only been acquainted with, by the on behalf of France, on the subjects of difference copy given to you by Mr. Murray, and by me re- between the United States and the French Received the 21st Messidor, (9th of July,) announce, public. If the French Government really desire if they contain the whole of the American Gov-a settlement of the existing differences, it must ernment's intentions, dispositions which can only add to those the Directory has always entertained'; and notwithstanding the posterior acts of that Government, notwithstanding the irritating and almost hostile measures which they have adopted, the Directory has shown that it persisted in the dispositions consigned as well in my correspondence with Mr. Gerry, as in my letter to you of the 11th Fructidor, and which I have herein before repeated in the most explicit manner. Carry, therefore, citizen, to Mr. Murray these positive expressions, to convince him of our sincerity, and request him to transmit them to his Government. I presume, citizen, this letter will find you at the Hague; if not, I ask it may be sent back to you at Paris.

Salute and fraternity.

CH. MAU. TALLEYRAND.

No. 22.

DEPARTMENT OF STATE,
Philadelphia, March 6, 1799.

take the course above pointed out, unless the Ex-
ecutive Directory should prefer sending a Minis-
ter Plenipotentiary to the United States.
I have the honor to be, &c.,
TIMOTHY PICKERING.
WILLIAM VANS MURRAY, Esq.,
Minister United States, at the Hague.

THE HAGUE, May 5, 1799. CITIZEN MINISTER: It is with the greatest pleasure that I hasten to fulfil the instructions. which I have just had the honor to receive from the Government of the United States of America, by informing you that the President has appointed Oliver Ellsworth, Chief Justice of the United States, Patrick Henry, late Governor of Virginia. and William Vans Murray, Minister Resident of the United States at the Hague, to be Envoys Extraordinary and Ministers Plenipotentiary of the United States to the French Republic, with full powers to discuss and settle, by a treaty, all controversies between the United States and France; but that the two former (Mr. Ellsworth and Mr. Henry) will not embark for Europe until they shall have received from the Executive Directory direct and unequivocal assurances, signified by their Minister of Foreign Relations, that the Envoys shall be received in character to an audience of the Directory, and that they shall enjoy all the prerogatives attached to that character by the law of nations, and that a Minister or Ministers of equal powers shall be appointed and commissioned to treat with them.

SIR: I enclose a commission constituting you, in conjunction with the Chief Justice Ellsworth and Patrick Henry, Esq., of Virginia, Envoys Extraordinary and Ministers Plenipotentiary to the French Republic. By the President's direction I enclose, for your information, copies of his Messages to the Senate of the 18th and 25th of March, by the latter of which you will see the motives inducing the nomination of a commission for the purpose of negotiating with France, instead of resting the business wholly with you. This will doubtless be agreeable, by relieving you I request you, Citizen Minister, to lay this subfrom the weight of a sole responsibility in an af-ject before your Government, and, as the distance fair of such magnitude. is so great and the obstacles so numerous in an It is the President's desire that you, by letter to Atlantic voyage, that you will favor me, as speedthe French Minister of Foreign Relations, informily as possible, with the answer which is to lead him "that Oliver Ellsworth, Chief Justice of the to such happy and important consequences. United States, Patrick Henry, late Governor of Accept, Citizen Minister, the assurances of my Virginia, and yourself, are appointed Envoys Ex-perfect and high esteem. traordinary and Ministers Plenipotentiary of the

WM. V. MURRAY.

United States to the French Republic, with full | Citizen TALLEY RAND, Minister, &c., Paris.

Relations with France.

THE HAGUE, May 7, 1799. DEAR SIR: On the 4th instant, late in the evening, I had the honor to receive your No. 22, containing the commission of Envoys.

On the fifth, I addressed, precisely agreeably to your instructions, as I conceived, the enclosed letter to Mr. Talleyrand, the Minister of Exterior Relations. You will perceive, sir, that I did not think myself at liberty to go, not only not out of the commas, but beyond them; in one word alone I deviated, in the word "Minister" instead of "Secretary" of Foreign Relations. No direct nor indirect and inofficial communications written or verbal will be held by me with the French agents

on American affairs.

I accept the appointment which it has pleased the President to clothe me with, under a grateful sense of the high honor conferred upon me, so unexpectedly, by this mark of his confidence. I may be allowed to say, that though I was deeply sensible of the honor conferred by the first nomination, and shall always, I hope, retain a most grateful recollection of it; yet, sir, the new modification of that nomination gave me great pleasure. Always conceiving, as I thought I did, that any negotiation with France would be full of anxieties and political perils to the Envoys that should be employed by our Government, I had no wishes to be engaged in it, and no expectation that I should be: to have a share in it was by me unsought. You will excuse this declaration, because I was instrumental in certain preliminary steps relative to the advances of France, which produced the basis of the appointment.

dinary and Ministers Plenipotentiary of the United States to the French Republic, to discuss and terminate all differences which subsist between the two countries, sees, with pleasure, that its perseverance in pacific sentiments has kept open the way to an approaching reconciliation. It has a long time ago manifested its intentions with respect to this subject. Be pleased to transmit to your colleagues, and accept for yourself, the frank and explicit assurance that it will receive the Envoys in the official character with which they are invested; that they shall enjoy all the prerogatives which are attached to it by the law of nations, and that one or more Ministers shall be duly au

thorized to treat with them.

It was certainly unnecessary to suffer so many months to elapse for the mere confirmation of what I have already declared to Mr. Gerry, and which after his departure I declared to you at the Hague. I sincerely regret that your two colleagues await this answer at such a great distance. As to you, sir, whom it will reach in a few days, and who understand so well the value of time, when the restoration of harmony between the two Republics, which everything invites to friendship, is in question, be assured, that as soon as you can take in hand the object of your mission, I shall have the honor immediately to send you passports. Accept, sir, the assurances of my very sincere consideration, CH. MAU. TALLEYRAND.

[Reported to the House of Reps., Feb. 14, 1800.] I sent the original of the enclosed to Mr. TalThe Committee of Commerce and Manufacleyrand by post, another (a copy) to Major Mount-tures beg leave to report, on the subject of the florence, to be handed to him, a third to a Mr. Griffith for Major M. in case the other failed, to be opened by Mr. G. if Major M. should have been out of Paris, and directed Mr. G. to follow the instructions which he would find in the letter to Major M. which were to deliver the enclosed to Mr. Talleyrand and take his letter, answer for

me, and to send it to me

As soon as I have the answer of the Directory, I shall have the honor of transmitting copies to you, sir, by different ways.

I am, with the greatest respect, &c..

WM. V. MURRAY.
Hon. TIMOTHY PICKERING, Esq.,
Secretary of State, United States.

The Minister of Exterior Relations to Mr. William
Vans Murray, Minister Resident of the United States
at the Hague.

PARIS, 23d Floreal, (May 12, 1799,)
7th year of the French Republic,
one and indivisible.

I augur too well, sir, from the eagerness you display in fulfilling the instructions of your Government, not to hasten to answer the letter I received from you dated the 15th of this month.

The Executive Directory being informed of the nomination of Mr. Oliver Ellsworth, of Mr. Patrick Henry, and of yourself, as Envoys Extraor

suspension of the commercial intercourse between the United States and France, that the laws which have been enacted for that purpose have been, as far as appears to the committee, faithfully executed in all respects depending on the care of the officers of the United States. It is but too probable, however, that individuals, engaged in pursuit of private commercial advantages, and regardless of the public welfare, have evaded, in many instances, the provisions of those laws. Some observations from the Secretary of the Treasury relative to these practices, and a detail of the cases, which, under the sixth section of the last act of Congress, prohibiting commercial intercourse with France, have been transmitted to that department, are herewith submitted. The committee, being of opinion that it is expedient further to suspend all commercial intercourse between the United States and France, have prepared a bill for that purpose, which is also submitted, and, in the opinion of the committee, ought to be enacted without delay.

TREASURY DEPARTMENT, Jan. 23, 1800. SIR: I have the honor to enclose a statement of all the cases which have been transmitted to this department for decision, pursuant to the act of Congress passed on the 9th of February, 1799, entitled "An act further to suspend the commer

Relations with France.

cial intercourse between the United States, and France and the dependencies thereof."

employed between the neutral French ports have been generally covered as Danish property.

Although this statement contains the substance of the information desired by the committee, and particularly in what manner the power granted by the sixth section of the act has been exercised, yet it may be useful to observe, that the law of Congress passed on the 13th of June, 1798, which imposed the first restrictions on commercial intercourse with France, was, by this department, understood to declare the following principles, by which the conduct of the collectors of the cus-ble to continue the provision for removing French toms has accordingly been governed.

1st. That all exports to France or her dependencies were prohibited after the 1st day of July, 1798, except the goods and effects of Frenchmen residing in the United States, and about to depart in vessels with permits from the President of the United States.

2d. That the entry of vessels bona fide the property of citizens of the United States, or employed by them, and having on board property of such citizens only, was lawful until the 1st day of December, 1798, and no longer.

Although the true interpretation of the law cannot be considered as finally settled by judicial decisions, yet, as diversities of opinion are known to exist, it is desirable that the sense of the Legislature may be ascertained upon the following points, in case the restrictions upon commerce with France shall be continued after the 3d day of March ensuing.

1st. Whether the restrictions shall extend to any except French and American vessels ?

2d. Whether trade through a neutral country, by means of a mutual agent of persons residing in the dominions of France and the United States,

shall be lawful?

3d. Whether cartel vessels, with passports of the President of the United States, authorizing the departure of French citizens and their effects, shall be exempted from the restrictions imposed on other vessels?

4th. Whether vessels which may be captured or driven by distress into French ports, the cargoes of which may be seized or detained by the French Government, shall be allowed to receive merchandise or produce in exchange, or compensation for the cargoes so seized or detained.

The following practices have been discovered, and may be expected to increase, in case the law shall not provide a competent remedy.

1st. American citizens have proceeded to the island of St. Thomas, and have there obtained certificates of naturalization for themselves and their vessels; with such vessels a direct trade between the United States and French ports has been attempted to be prosecuted in the same manner as before the low was passed.

2d. Agents for commercial houses have been established in the island of St. Thomas, and other neutral places, to whom the productions of the United States have been consigned; these productions have been shipped from thence in other American vessels for French ports. The vessels

3d. Although vessels which have been employed in transporting French citizens and their property from the United States have been carefully restricted by instructions, and by the customhouse inspection, from transporting merchandise on account of persons resident in the United States, yet there is reason to suspect that the intentions of the Government have in some instances been evaded. In case it shall be deemed reasonacitizens and their property, precise regulations for preventing the vessels from being employed in commerce will be highly necessary.

4th. Vessels have been carried to the vicinity of French ports, where, as is believed, they have been captured by French privateers, in consequence of preconcerted arrangements: other vessels have entered French ports, on pretence of distress. Although the vessels have in many instances been liberated, yet the cargoes have been detained by order of Government. In some cases the masters or owners have been permitted to purchase return cargoes; latterly, to strengthen the plea for being admitted to entry in the United States, it has been represented that the masters have been compelled to receive cargoes on board

their vessels.

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abuse which must continue to increase, but by No effectual remedy is perceived against an declaring importations from French ports to be unlawful in all cases whatever, without excepting French ports in distress. The capture or arrival those of vessels really captured or driven into in distress may be involuntary, and, therefore, not illegal; but the purchase of a new cargo, or any purchase whatever, except of necessaries to enable the captured persons to return to their own country, ought, as is believed, to be declared unlawful. It may be said that such a regulation would be odious and severe; that it would be cruel to oblige men to suffer unnecessary losses, or to abandon their property to great risks when an equivalent was offered. Admitting these objections to have some force, yet it may be observed, with equal truth, that the act prohibiting commercial intercourse ought to be considered, in connexion with other measures, as constituting a part of the system of resistance adopted by the United States; that, prior to the adoption of this system, our vessels were captured and condemned indiscrimi nately; that the suspension of commerce is a measure which, if well executed, must powerfully influence the conduct of the French colonies; that no system of resistance can be executed without

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