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Relations with France.

tieth day of September, Anno Domini eighteen

The following are the instructions above referhundred.


Instructions to Oliver Ellsworth, William Richardson OLIVER ELLSWORTH,

Davie, and William Vans Murray, Esquires, Envoys CHARLES P. C. FLEURIEU, Extraordinary and Ministers Plenipotentiary of the WILLIAM R. DAVIE,

United States of America to the French Republic. PIERRE LOUIS REDERER, GENTLEMEN: You have been witnesses of the WILLIAM V. MURRAY. enduring patience of the United States, under the

unexampled aggressions, depredations, and hostil

ities, authorized and sanctioned by the French Journal of the Envoys.

Republic against the commerce and citizens of Journal of Oliver Ellsworth, William R. Davie, and the United States; and you are well informed of

William Vans Murray, Envoys Extraordinary and the measures adopted by our Government to put Ministers Plenipotentiary to the Court of France, a stop to these evils, to obtain redress for the incontaining their correspondence and negotiations jured, and real peace and security to our country, from the 17th of January, 1800, to the 3d of Octo- And you know that, instead of relief, instead of ber in the same year; and terminating in the Con-justice for past wrongs, our very moderate devention with France, of the 30th September, 1800. mands have been immediately followed by


aggressions and more extended depredations; The following letter from the Secretary, ofiation, have been refused a reception, treated with

while our Ministers, seeking redress and reconeilState, with its enclosure, was delivered to Mr. indignities, and finally driven from its territories. Ellsworth and Mr. Davie, at Trenton.

This conduct of the French Republic would DEPARTMENT OF STATE, well have justified an immediate declaration of

Trenton, Oct. 16, 1799. war on the part of the United States; but desirous Sır: To fulfil the President's orders, and to of maintaining peace, and willing to leave open convey correctly to you and - his sentiments the door of reconciliation with France, the United towards you, and his determination respecting States contented themselves with preparations for your mission as Envoys Extraordinary to the defence, and measures calculated to protect their French Republic, I enclose a copy of his letter to

commerce. me of this date ; and have the honor to be, with

The treatment experienced by the former Engreat respect, your obedient servant,

voys of the United States to the French RepubTIMOTHY PICKERING.

lic, having determined the President not to send thither other Ministers, without direct and unequivocal assurances previously signified by its

Minister of Foreign Relations, that they would TRENTON, Oct. 16, 1799.

be received in character to an audience of the DiSir: I request you to order fair copies of the rectory, and that they should enjoy all the prerog. instructions, as corrected last evening, to be pre-atives attached to that character by the law of napared and delivered to Judge Ellsworth and Gov- tions, and that a Minister or Ministers of equal ernor Davie, with another for Mr. Murray, with powers should be appointed and commissioned to out loss of lime; and to write a letter to those ireat with them : the French Government, by Mr. gentlemen as Envoys Extraordinary to the French Talleyrand, its Minister of Foreign Relations, has Republic, expressing, with the affectionate respects declared, that it will receive the Envoys of the of the President, his desire that they would take United States in the official character with which their passage for France, on board the frigate they are invested ; and that they shall enjoy all United States, Captain Barry, now lying at Rhode the prerogatives attached to it by the law of naIsland, by the 1st of November, or sooner, if con- tions; and that one or more Ministers shall be sistent with their conveniences. Captain Barry, duly authorized to treat with them.” This the will have orders to land them in any port of President deems to be substantially the assurance France which they may prefer, and to touch at which he required as the previous condition of any other ports which they may desire. The the Envoys entering on their mission. It now President's hest wishes for their health and happi- belongs to you, gentlemen, to see that this assuness, as well as for an honorable termination of rance be verified. Your country will not submit their mission, will attend them. As their visit to to any new indignity or neglect. It is expected, France is one of the most critical, important, and when you shall have assembled at Paris, and have interesting moments that ever has occurred, it given official notice of it to the Minister of Forcannot fail to be highly entertaining and instruct- eign Relations, that you will be received to an auive to them, and useful to their country, whether dience of the Executive Directory ; that a Minisit terminate in peace and reconciliation or not. ter or Ministers, with powers equal to your own,

The President sincerely prays God to have them will be appointed to treat with you; and that within his holy keeping.

in twenty days at furthest, after your arrival at I am, sir, with great respect and esteem, your Paris, your negotiation will be commenced. If, faithful humble servant,

however, your passports to Paris should be unreaJOHN ADAMS.

sonably withheld; if an audience of the Directory T. PICKERING, Esq., Secretary of State. should be denied or procrastinated; if the appoint

Relations with France.

ment of a Minister or Ministers, with equal pow. The French Government, if it has any serious ers, to treat with you, should be delayed; or, if, wish to accommodate existing differences, can when appointed, they postpone the intended nego- make no difficulty in admitting the

neral prop: tiation ; you are to relinquish your mission, de-osition, that, for injuries arising from violated mand your passports, and leave France; and, hav- laws and engagements, reparation shall be made. ing once resolved to terminate the mission, you In every claim under this general stipulation, the are not to resume it, whatever fresh overtures or question will occur, Has the treaty, or the law of assurances may be tendered to you by the French nations, been violated ? Government.

But such a general stipulation will not be suffiOne more limitation: The subjects of differ- cient. The five specific propositions just stated ence between the United States and France have are obviously proper rules of adjudication; but often been discussed and are well understood; and, the previous admission of the first and second is therefore, admit of a speedy decision. The nego- vastly important, to remove from hazard the most tiation is expected to be concluded in such time interesting claims of our citizens. that you may certainly embark for the United To capture neutral property, because it was proStates by the 1st of next April. This is highly duced or manufactured in the country of an eneimportant, in order that on your return Congress my to France, is so palpably unjust, that it seems may be found in session, to take those measures improbable that even the men who originated the which the result of your mission shall require. If law, were they still in power, would persist in it it can be earlier concluded it will be still better. as of right; and it is scarcely possible for their

If any of the periods above mentioned should be successors to hesitate on this point. To hesitate prolonged with your assent, it is expected that the would be to doubt whether a man has a right to circumstances will be stated for your justification. occupy his own house, or to wear his own clothes,

I. At the opening of the negotiation you will unless he had built the first, or manufactured the inform the French Ministers, that the United last, with his own hands. States expect from France, as an indispensable The second proposition respecting the rôle d'condition of the treaty, a stipulation to make to équipage, as well as the first, should be insisted on. the citizens of the United States full compensa. Until the decree of the Directory of March 2, tion for all losses and damages which they shall 1797, was passed, and we had felt its fatal effects, have sustained, by reason of irregular or illegal we had no idea of the meaning which the French captures or condemnations of their vessels and applied to the phrase rôle d'équipage. In the Conother property, under color of authority or com- sular Convention between the United States and missions from the French Republic or its agents. France, article ninth, which relates to deserters And all captures and condemnations are deemed from vessels, the document is described in the irregular or illegal, when contrary to the law of French by the words “ des registres du bâtiment nations generally received and acknowledged in ou rôle d'équipage," and in the English part of Europe, and to the stipulations in the Treaty of the Convention by the words " the registers of the Amity and Commerce, of the 6th of February, vessel or ship's rolls.” And this paper was to be 1778,"fairly and ingenuously interpreted, while produced to the proper judge, to prove a deserter that treaty remained in force; especially when to belong to the vessel in question. The law or made and pronounced.

usage of each nation was incontestably to direct 1. Because the vessels' lading, or any part there what was proper for its own vessels in this respect. of, consisted of provisions or merchandise coming If an American master claimed from a judge in from England or her possessions.

France his warrant to arrest a deserter, he must 2. Because the vessels were not provided with have produced his “ship’s roll,” or what in the the rôles d’équipage prescribed by the laws of United States is called his shipping paper, which France; and which, it has been pretended, were is a contract signed by all the persons composing also required by treaty.

a vessel's crew. The propriety and necessity of a 3. Because sea letters or other papers were ship’s roll was, in the year 1790, sanctioned and wanting, or sai to be wanting when the property enforced by an act of Congress; and, without such shall have been, or shall be, admitted or proved to a written contract, the master, besides being subbe American. Such defect of papers, though it jected to other disadvantages, could not claim his might justify the captors and exempt them from men when they deserted. This ship’s roll every damages, for bringing in such vessels for exami- American master, bound on a foreign voyage, nation, could not with reason, be a ground of con- takes on board his vessel; and, unquestionably demnation.

every American vessel, captured and condemned 4. When the owners, masters, or supercargoes by the French for the want of a rôle d'équipage, shall have been refused a hearing, or placed in sit- has, nevertheless, been possessed of the ship's roll, uations rendering their presence at the trial im- just described; and it is the only list of the ship's practicable.

crew, which could ever have been contemplated 5. When the vessels or other property captured by the United States, as necessary for American shall have been sold, or otherwise disposed of, vessels. There never was, indeed, any intimation without a regular trial and condemnation. on the part of France, from 1778, when the Treaty

Captures and condemnations for such causes, of Amity and Commerce was made, until the and under such circumstances, are manifestly ir- passing of the decree of the Directory, in March, regular or illegal.

1797, that a rôle d'équipage, pther than the ship's


Relations with France.

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roll, or shipping paper, would be required. It was tion of the master or commander of the said ship. then suddenly demanded; and the decree (like " that it may appear thereby that the ship really the law of January, 1798, respecting articles of and truly belongs to the subjects of one of the the produce or manufacture of Great Britain,) was parties;" and with this further view, “that all instantly enforced, and became a snare to the mul-manner of dissensions and quarrels might be titudes of American vessels, which, for want of avoided and prevented:” for, as was declared in previous notice, would not have on board the doc- the twenty-seventh article, when a ship of the ument in question, if their Government should party remaining neutral, met with by a ship of the permit them to receive a document which they other party, had shown her sea-letter or passport, were under no obligation to produce. For it can- she was to be free and at liberty to pursue her not, with any semblance of justice, be pretended voyage, so as it should not be lawful to molest or that the vessels of one nation are bound to furnish search her in any manner, or to give her chase, or themselves with papers in forms prescribed by the force her to quit her intended course.” laws of another. And if we resort to the treaty It also merits observation, that, according to the of 1778, or to the sea-letter or passport annexed to tenor of the sea-letter or passport, in every port or it, on which letter the Directory pretended to haven where he (the neutral master) should enter found their decree concerning the rôle d'équipage, with his ship, he is required to show, not a róle we shall see that these words are not to be found d'équipage, but his passport. Yet this passport, in either; and, although the passport mentions“ a made and intended by the Governments of France list signed and witnessed, containing the names, and the United States, in 1778, to facilitate and surnames, the places of birth, and abode of the protect their commerce, to exempt it from vexacrew of his [the neutral master's] ship, and of all tions, and to prevent dissensions and quarrels, has, who shall embark on board her, whom he shall by the Government of France, been converted innot take on board without the knowledge and per-tó a fatal snare, an engine of mischief, producing mission of the officers of the marine;" yet, instead quarrels, dissensions, vexations, and, to the comof being obliged " to have the list on board," the merce of many American citizens, absolute depassport declares, that he shall enter it in the struction. proper office;" and all that the treaty requires him II. If these preliminaries should be satisfactoto exhibit at sea is the sea-letter, or passport. In rily arranged, then, for the purpose of examining a word, whatever is said about the rôle d'équipage, and adjusting all the claims of our citizens, it will in the French application of the phrase, has rela- be necessary to provide for the appointment of a tion to the laws and usages of France. It was to Board of Commissioners similar 10 that described be exhibited to the officers of the marine; bui tlie in the sixth and seventh articles of the Treaty of United States have not, nor ever had, like France, Amity and Commerce between the United States any such description of officers, employed in the and Great Britain. examination and clearing of vessels and their The Commissioners of the two nations may crews. prior to their going to sea; and the Direct- first meet at Paris. In choosing the fifth Comory, if they had wanted pretences for despoiling missioner, they will have a right to propose a our commerce, might as well have made the omis- Frenchman or an American. But it might consion of appointing marine officers in our ports, to duce to more satisfactory results if the fifth Comwhom, according to the letter of the passport, the missioner were a foreign civilian, eminent for his rôle d'équipage was to be exhibited, a cause of learning, talents, and integrity. capture and condemnation, as the omitting to fur- Three of the Commissioners may constitute a nish them with rôles d'équipage in the French board, provided one named on each side and the form. In preparing, in 1793, the sea-leiter for fifth Commissioner be present. The four ComAmerican vessels, the Secretary of State, Mr. Jef- missioners, in the absence of the fifth, may also ferson, changed, in divers places, the letter of the constitute a board; and, in each case, the decipassport, substituting other words applicable to us; sions of a majority are to be valid. But, when on and for officers of the marine, "* * officers and any questions, the four Commissioners, in the judges of the marine,” which words were descrip- absence of the fifth, shall be equally divided, such tive of French institutions, using only the phrase questions are to be re-examined and decided in "proper officers,” in conformity with our own. In the presence of the fifth Commissioner. Further, the same manner, the "ship's roll,” or shipping in absence of the fifth Commissioner, any three of paper of the United States, if at all required, the other Commissioners may constitute a Board, should have been respected by France, as her rôlé and their decisions valid in cases where they are d'équipage would have been respected by the unanimous. United States. And, after all, what was the real The salaries of the Commissioners, the expense object of the sea letter, (in which alone there is attending the commission, and the supplying of any reference to a list of the crew,) and what was vacancies in it, may be regulated in the manner it substantially to express? The twenty-fifth ar- proposed in the eighth article of our Treaty of ticle of the treaty of 1778 informs us," in case Amity and Commerce with Great Britain. either of the parties should be engaged in war, the The Commissioners should be appointed and ships and vessels belonging to the subjects or peo- meet at Paris, within six months after the ratifiple of the other ally, must be furnished with sea- cations of the treaty by the respective Governletters or passports, expressing the name, property, ments, and as much sooner as may be. and bulk of the ship, as also the name and habita- Claims may be presented to the Board during


Relations with France.

two years, commencing with the day on which III. If the preceding claims shall be duly atthe Commissioners shall first assemble to proceed | tended to, and adequate arrangements made for to business; and, in particular cases, in which it adjusting and satisfying them, you will then turn shall appear to them reasonable and just, they your thoughts to the regulation of navigation and may extend the time of receiving claims to any commerce, and to some other points interesting to reasonable term after the expiration of the iwo the two nations. years.

IV. It may be stipulated that there shall be a All sums which the Board may award to Amer- reciprocal and entirely perfect liberty of comican claimants, France should stipulate to pay in merce and navigation between France and the gold and silver, without any deduction, ai such United States, and their territories and dominions, place or places, and at such time or times, as the in every part of the world; but without admitCommissioners shall appoint. The awards should ting the vessels of either country into the rivers comprehend a reasonable allowance of interest on of the other beyond the highesi ports of entry the amount of the original losses and damages, from the sea. or, instead of prompt payment, the whole may With the usual policy of European nations, constitute a transferable capital, bearing interest France may object to the free admission of Ameriuntil the debt be discharged.

can vessels into the ports of her colonies. But the The Board should also take cognizance of the singular injuries our commerce has sustained from claims which may be presented to ihem by Amer- France, during the present war, which no payican citizens for merchandise, or other property, ments to be made by her, under the preceding stipseized by the French in their own ports or else- ulations, can ever fully compensate, plead for an where, and not comprehended under the head of entire liberty of trade with her colonies, at least captures ; and for their vessels arbitrarily and un- during the term of the proposed treaty, and until reasonably detained in French ports, and for the the stipulated compensations shall actually have losses and damages thereby sustained, the Board been made. Another reason will naturally opeshould a ward equitable compensations, to be paid rate in favor of this claim; the inability of France in the manner prescribed in the case of captures. immediately to furnish the requisite navigation

The claims of the United States, as distin- and supplies for the commerce of her distant posguished from those of their citizens, for injuries sessions. received from the French Republic, or its citi- But if France will not allow us a trade with zens, should be submitted to the same Board; and her colonies on the terms which may be agreed whatever sums they award, France should stipu- in respect to the parent State, we should be silent late to pay, in the manner before mentioned, in on the subject. The commerce of all our territhe case of captures.

tories will be open to France; that of all her doAs the French Government have heretofore com- minions should be alike open to us. At any rate, plained of infringements of the Treaty of Amity it appears inexpedient for the United States to and Commerce by the United States, or their citi-countenance injurious distinctions respecting colozens, all claims for injuries thereby occasioned to nial commerce, to obtain a share in it by agreeing France, or its citizens, are to be submitted to the to allow a price for it in the payment of extra same board; and whatever damages they award, duties. Neither ought we to stipulate anything will be allowed by the United States, and deducted like what is contained in the last clause of the from the sums awarded to be paid by France. third article of our treaty with the United Neth

If, however, the French Government should erlands. Such an engagement would be a species desire to waive its national claims, you may do of guaranty of the colony system. It is sufficient the like on the part of the United States. Doubt- for the United States to treat foreign nations with less the claims of the latter would exceed those of justice and friendship. the furmer; but, to avoid multiplying subjects of V. It may be stipulated that no other or higher dispute, and because national claims may proba- duties shall be paid by the ships or merchandise bly be less definite than those of individuals, and of one party in the ports of the other, than such consequently more difficult to adjust, national as are or shall be payable by the like vessels or claims may, on both sides, be relinquished. merchandise of all other nations: that no other

All claims for sums due to American citizens, or higher duties shall be imposed in one country by contracts with the French Government or its on the importation of any articles which are the agents, which may be presented to the Board, growth, produce, or manufacture of the other than France should stipulate to pay within the shortest are or shall be payable on the importation of the periods possible to obtain, with interest, at the rate like articles being of the growth, produce, or manor rates agreed on; or, if no agreement about in- ufacture of any other foreign country; and that terest appears, then at the rate to be fixed by the no prohibition shall be imposed on the exportation Board, and from the times when the sums were or iinportation of any articles from or to the terrespectively payable by contract. This also may ritories of the two parties, respectively, which be transferable stock.

shall not equally extend to all other nations. The questions about interest, and any other And for the information of their respective felquestions which may arise out of the claims low-citizens, and to prevent abuses, it may be founded on contracts, not explicitly determined stipulated that the Consuls of each nation shall be by the treaty, may be left to ihe decision of the officially furnished in the other with tariffs of all Board of Commissioners.

imposts, customs, duties, and charges; by which

Relations with France.

tariffs the demands of the officers of each nation or other injury should happen, the party whose may be respectively limited.

territorial rights are thus violated should use his VI. The freedom of navigation and commerce utmost endeavors to obtain from the offending here proposed will require the admission of the party full and ample satisfaction for the capture citizens of the two countries respectively into the or other injury so committed. The just freedom dominions of the other, with liberty to reside there, of commerce, and the interest and dignity of the to hire and possess houses and warehouses for the neutral nation, demand the protection of all vespurposes of their commerce, and complete protec- sels entering its ports, not only from being taken, tion and security for the merchants and traders on but from being pursued within its jurisdiction, or each side, with their property, whether in going immediately after their departure from its ports: to, residing in, or returning from, the country of therefore, their enemy, finding an asylum in those the other. Nor should they be liable to any tax ports, should not be permitted to leave the same on their persons or property, to which the natives until the lapse of twenty-four hours after such are not equally subject. They should be at lib- departure. erty to manage their own affairs, without being XIII. No asylum should be given to pirates; obliged to employ any factor, broker, or interpre- vessels and property rescued from their hands ter, or any persons to load or unload their vessels ; should be restored to the proper owners; the pirates, with a right, however, to employ any or all of and any who conceal or assist them, should be them, as well as advocates and attorneys, at their brought to condign punishment; all with the prepleasure.

cautions customary in such cases. VII. The merchants and others of one nation XIV. The ships of war and other public resresiding in the other, should have liberty to dis- sels of each party should at all times be hospitapose of their property by testament, or otherwise, bly received in the ports of the other; their offiincluding real estates already acquired ; and, if cers and crews paying due respect to the laws and dying intestate, their heirs should enjoy the right government of the country. of succession. Provided that, if the laws of either XV. In case the citizens of either party with country should at the time be incompatible with their private shipping, armed or unarmed, be forced such transfer or inheritance of real estates by aliens, through stress of weather, pursuit of pirates or they may be sold or otherwise disposed of to citi- enemies, or any other urgent necessity, to seek for zens of the two countries respectively. The citi- shelter in the ports of the other, they should be zens of the United States should not, in respect received and treated with humanity, and enjoy all to their property, be considered as aubains in friendly protection and assistance. France; and, consequently, should be exempted XVI. In the case of vessels wrecked, foundered, from the droit d'aubain, or other similar duty. or otherwise damaged, they should receive in

VIII. The mutual residence of citizens of the each country the same protection and assistance two nations in the countries of each other neces- as if they belonged to the inhabitants of the counsarily requires the free exercise of religion, at try on whose coasts the misfortune should happen. least in their own houses, and in their own way; XVII. Each party may appoint Consuls for the and permission to bury the dead in convenient protection of trade, to reside in the dominions and places.

territories of the oiher, including colonies as well IX. If debtors flee from one country to the as the mother country: for wherever trade is perother, the creditors should be allowed to pursue mitted, there the assistance and protection of Conthem, and have the benefit of the laws of the suls is necessary. If a Consul be sent to a colony, country to which they flee, in the same manner his provisional admission by the colonial governas if the debts had been there contracted. ment might suffice until the pleasure of the na

X. Neither the debts due from individuals of tional government should be known. The Conthe one nation to the individuals of the other, nor suls may enjoy the rights and liberties which beshares nor moneys which they may have in the long to them by the law of nations. public funds, or in the public or private banks, XVIII. Deserters from public and private vesshould ever, in any event of war or national dif- sels should be delivered up, and the laws of each ferences, be sequestered or confiscated.

country make suitable provision for that purpose. XI. The ships of the citizens of the respective The merchants and commanders of vessels, pubcountries coming upon any coasts belonging to lic and private, of one nation, in the country of either, but not willing to enter into port; or, being the other, may engage and receive on board seaentered into port, and not willing to unload their men or others, natives or inhabitants of the councargoes or break bulk; they should be treated ac- try to which the vessels belong : Provided that, cording to the general rules prescribed, or to be either on one side or the other, they may not take prescribed, relative to the object in question.* into their service such of their countrymen (not

XII. Neither party should permit the ships or deserters) who have already engaged in the sergoods belonging to the citizens of the other to be vice of the other party, whether in war or trade, taken within cannon shot of the coast, nor else- and whether they meet them by land or sea ; at wbere within their jurisdiction, by ships of war least if the captains or masters under whose comor others having commission from any Prince, mand such persons may be found, will not volunRepublic, or State whatever. But if such capture tarily discharge them from their service. Not

only the original enlistment, shipping paper, or *See section 60, new collection law.

rôle d'équipage, but a copy, duly certified by a


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