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Relations with France.

voys Extraordinary and Ministers Plenipotentiary to commerce, is not to renew or amend the former of the United States for conducting the negotiation. treaty, but to propose a new one, which shall

They are of opinion that the first object should have fewer difficulties of construction and execube, to determinethe rules, and the mode of procedure, tion; shall more extend the provisions for interfor the valuation and indemnification of those in- course, and better adapt them to the existing state juries for which the two nations, respectively, may of things; and they trust that, when the negotiahave demands against each other, whether these tion shall have sufficiently progressed to take up demands are founded on national injuries or in- this branch of it more particularly, their expectadividual claims.

tion will be shown to be reasonable. And that the second object is, to insure the ex- Any recent acts of the French Republic, having ecution of the treaties of friendship and commerce, for their object to remove from the American now existing between the two nations, and the ac- commerce causes of disquietude, will be duly esticomplishment of those views of reciprocal advan-mated in America, and be perceived to have tage which first dictated them.

strengthened the ground for returning confidence, Theundersigned haveonly, in addition, to observe, when there shall have been time for it. that as no measures are authorized by the Govern- With respect to the acts of the Congress of the ment of France affording the least ground of in- United Staies, which the hard alternative of abanquietude to the American commerce, they would doning their commerce to ruin imposed, and consider it a preliminary favorable to the nego- which, far from contemplating a co-operation tiation, if the Envoys Extraordinary and Ministers with the enemies of the Republic, did not even Plenipotentiary ofthe United States will be pleased authorize reprisals upon her merchantmen, but to communicate the orders, no doubt issued by the were restricted simply to giving safety to their President of the United States, to discontinue the own, till a moment shall arrive when their sufferoperation of the acts of Congress, the enforcement ings could be heard and redressed: of these acts of which must be viewed as repugnant to that good the undersigned do not know that the President understanding for which both nations have expres of the United States has suspended their effect, sed an equal desire.

except in the instance of saving St. Domingo The undersigned pray the Ministers Plenipoten- from famine. But, without doubt, their effects tiary to receive the assurance of their high con- will wholly cease as soon as it can be assured that sideration.

the necessity which imposed them no longer exBONAPARTE, ists : of which the undersigned hope their mission FLEURIEU, will be regarded as a sufficient pledge. REDERER. Should it appear to the Ministers of the French

Republic, from these explanations, made with a The Envoys Extraordinary and Ministers Plenipoten- frankness equal to the candor with which they

tiary of the United States of America to the Minis- are sure to be examined, that the way is prepared ters Plenipotentiary of the French Republic.

to bring forward an arrangement for the claims of

citizens, the undersigned will soon have the honor Paris, April 11, 1800.

to offer for their consideration some details on Citizen MINISTERS: The undersigned have that subject. Accept, &c. seen with pleasure in your note which they had

OLIVER ELLSWORTH, the honor to receive yesterday, an acquiescence in

WILLIAM R. DAVIE, the principle of compensating equitable clairns of

WILLIAM V. MURRAY. citizens on both sides; though you have proposed to include also claims which either nation might have for herself.

The Ministers of France to the American Envoys. This description of claims was omitted in the Paris, 230 Germinal, (14th April,) year 8. proposition of the undersigned, not from the ap- The Ministers Plenipotentiary of the French prehension of an unfavorable balance, but because Republic do not perceive, from the considerations in their nature they were difficult to define and suggested rather than developed by the Envoys limit, because their discussion might be unpleasant Extraordinary and Ministers Plenipotentiary of and dilatory, and because, also, to insist on pecu- the United States, any obstacle to arrangements niary compensation for themselves, would be in- which it may be proper to make, on the subject compatible with that magnanimity which it was of the individual claims of one nation upon the presumed both nations would prefer in an act of other. It being impossible, on the part of either, accommodation, so auspicious to their future pros- to estimate these claims except by the discussion perity. If, however, after considering these ob of the principles of the law of nations and the jections, and others which will suggest themselves, obligations of treaties, the national claims will, for the Ministers of the French Republic shall deem the most part, be impliedly estimated by the value it necessary to provide pecuniary compensation affixed to those of individuals

. National stipulafor such claims, the undersigned will be ready fur- tions will be only the ulterior consequences of adther to consider the question at a convenient mitted principles. stage of the negotiation, which they apprehend The question, therefore, whether it is expedient will be after it shall be seen what arrangement to form a new treaty, cannot be answered until would be acceptable for the claims of citizens. after a discussion, in which the meaning of an

The expectation of the undersigned, with regard cient treaties shall be determined, the principles of


Relations with France.

the laws of nations unfolded, and the application of recent repeals of regulations, which had given of these principles to the claims brought forward, disquietude to the United States, and of other reg. whether national or individual, clearly shown. ulations lately adopted with a view of re-establishIt is only when the doubts thus raised shall be ing harmony, it would be as well their pleasure as removed, that the Ministers Plenipotentiary of the their duty to transmit the same in the most favortwo nations will be able to determine whether able manner to their Government, which would the ancient treaties will suffice to their interests be sure, in the conciliatory temper it has evinced, or not.

to receive from them very fully the correspondent Finally, the Ministers of the French Republic impressions they are adapted to make. Penetrated cannot see without concern that the Ministers as the undersigned are with the interests which Plenipotentiary of the United States are uninform- both nations have in returning to a good undered of any revocation of the hostile measures standing, they receive with sensibility a pledge of which their Government has adopted with regard that event in the declaration, that the French Reto France. The French Government, after re- public is ready to do all that justice can require scinding several regulations which had given in- io obliterate every irritating remembrance. quietude to the Federal Government; after pub- The undersigned, conceiving that the way is lishing many others for the purpose of re-estab- now prepared, have the honor to offer for considlishing perfect harmony; after professing, also, a eration some details respecting the claims of indireadiness to do all that justice shall demand, in viduals. They have preferred to offer them at order to efface every irritating remembrance; had once in the form of articles of the treaty, as con

T a right to expect, with other evidences of recipro- taining a full and frank expression of their views; city, that the armed vessels of the United States and as a mean by which the principles can be disshould cease to attack the vessels of the Republic, cussed connected directly with their application ; and that the effusion of human blood should no as the most probable way of fixing the attention longer be feared.

of the Ministers on both sides upon ihe points of To prevent the interruption of the negotiation difference of opinion, if any such exist; and as by vexatious incidents like these, it is necessary affording the most certain prospect of progressing that the Ministers Plenipotentiary of the United in the business. And they have no doubt that in States shall give an assurance to the Ministers those articles or propositions will be seen a spirit Plenipotentiary of the Republic, that their Gov- of accommodation as well as of justice. ernment will terminate, without delay, the hostile Accept, &c. condition which it now maintains in relation to

OLIVER ELLSWORTH, France. This assurance, strongly demanded by

WILLIAM R. DAVIE. the acts of the French Government, to which a

WILLIAM V. MURRAY. just reciprocity has been promised, can only be considered a legitimate exchange for that herein contained.

ARTICLE 1. There shall be a firm, inviolable The undersigned pray the Envoys Extraordin- and universal peace, and a true and sincere friendary and Ministers Plenipotentiary of the United ship, between the French Republic and the UniStates to accept the assurances of their high con- ted States of America, and between their respectsideration.

ive countries, territories, cities, towns, and people, BONAPARTE, without exception of persons or places. FLEURIEU, Art. 2. Whereas complaints have been made REDERER. by divers merchants and others. citizens of the

United States, that, during the course of the war

in which the French Republic is now engaged, The Envoys Extraordinary and Ministers Plenipoten. they have sustained considerable losses and dam

tiary of the United States of America to the Minis- age, by reason of irregular or illegal captures of ters Plenipotentiary of the French Republic.

condemnations of their vessels and other property, Paris, April 17, 1800.

in ports and places within the jurisdiction or doCitizen MINISTERS: The undersigned have minions of the said Republic, all under color of been favored with your note of the 23d of Ger- authority or commissions from the same; for minal.

which losses and damage they have failed, with. With respect to the assurances desired of them out manifest neglect or wilful omission on their that measures of the United States, which had part to obtain adequate compensation : it is agreed been resorted to for the protection of their com- that, in all such cases, full and complete compenmerce. should immediately cease, they must ex- sation shall be made by the Government of the plicitly declare that they are not authorized to French Republic. give assurances, otherwise than by incorporating And whereas complaints have also been made them in a treaty, it having been expected by their by divers merchants and others, citizens of the Government that, in that way, every necessary as- French Republic, that — under color of authorsurance on both sides would so soon be given as to ity or commissions, from the United States; for render preliminary provisions of little use: and which losses and damage they have failed, withwhich expectation the undersigned yet confidently out manifest negligence or wilful omission on trust will not be disappointed.

their part, to obtain adequate compensation: it is Should they, however, be favored with copies agreed that, in all such cases, full and complete


Relations with France.

compensation shall be made by the Government of July, 1798, according to the treaties and conof the United States.

sular convention then existing between France That, for the purpose of ascertaining the amount and the United States. of any such losses and damage sustained either The award of said Commissioners, or any Board by citizens of the United States or of the French of them, as herein before provided for, shall be Republic, five Commissioners shall be appointed final and conclusive as to the justice of the claim, and authorized to meet and act in the following and the amount of the sum to be paid to the credmanner, viz:

itor or claimant. And they shall comprehend, When the five Commissioners thus appointed when in favor of a claimant, a reasonable allowsball first meet, they shall, before they proceed to ance of interest on the original losses or damage, act, respectively take the following oath or affirm- computed up to the time when the award is to be ation, in the presence of each other ; which oath or performed. affirmation, being so taken and duly attested, shall And it is also further agreed, that not only the be entered on the records of their proceedings, now existing cases, of all the descriptions before viz:

named, but all such as shall exist at the time of 1, A B, one of the Commissioners appointed in exchanging the ratifications of this treaty, shall be pursuance of the second article of the treaty of considered as being within the provisions, intent,

between the French Republic and the Uni- and meaning of this article. ted States of America, do solemnly swear or af- Art. 3. The French Republic, desirous, in an firm that I will honestly, diligently, impartially, adjustment of differences with the United States, and carefully examine all such complaints as, un- to give them a proof of her liberality, by waiving der the said article, shall be preferred to the said formal exceptions, and narrowing the ground of Commissioners, and the same will decide to the discussion, does agree that such claims of the citibest of my judgment, according to the rules and zens of the United States for compensation as principles of decision expressed and contained in shall be in other respects fair and equitable, shall the said treaty of I will, also, in like man- not be prejudiced by reason of not having on board ner, examine all such complaints as, under the fifth their vessels, when captured, any other passport article of said treaty, shall be preferred to the or sea-letter than such as had been usually fursaid Commissioners, and will decide them to the nished by their Government prior to the 2d day of best of my judgment, according to justice and March, 1797, or any other ship's rôle d'équipage, equity; and that I will forbear to act as Commis- or other shipping paper, than had been generally sioper in any case in which I am personally inter- used by the citizens of the United States prior to ested.

that date; nor shall their claims be prejudiced by Two years, from the day on which the Com- reason of having on board their vessels, when capmissioners shall form a Board, and be ready to tured, merchandise, the manufacture or producproceed to business, are assigned for receiving tion of any particular country or place. complaints and applications, but the Commis- Art. 4. Any sum which shall be awarded by sioners are nevertheless authorized, in any partic- the said Commissioners, pursuant to the second ular case in which it shall appear to them reason-article of this treaty, in favor of a claimant, a citiable and just, to extend the said term of two years zen of the United States, the Government of the for any term not exceeding six months after the French Republic will, on the condition of such expiration thereof. The Commissioners shall be releases or assignments, to be given by him, as the appointed, and meet at within six months said Commissioners may direct, cause to be paid from the ratifications of this treaty by the re- to such claimant, in silver or gold coin, without spective Governments, and as much sooner as deduction, at Paris

, within three months after the

date of the award; or will then cause the sum so The Commissioners, in examining the complaints awarded to be converted into transferable stock or and applications so preferred to them, shall have capital, bearing interest at the rate of six per cent. power to examine all such persons as shall come per annum ; which interest and principal the said before them, on oath or affirmation, touching the Government will cause to be paid in silver or premises; and also to receive in evidence, accord- gold coin, without deduction, to such claimant, or ing as they may think most consistent with jus- his transferee at Paris, viz: the interest annually, tice and equity, all written depositions, or books, or and the principal by three equal instalments, viz: copies, or extracts thereof; every such deposition, one-third in three years, one-third in five years, or book, or paper, or copy, or extract, being duly and the remaining third in seven years irom the authenticated, either according to the legal forms date of the award. The form of the security or now existing in the two countries, or in such other securities, and the mode of transfer, to be such as manner as the said Commissioners shall see cause the said Commissioners shall prescribe: and any to require or allow. They shall not, in examining sum which shall be so awarded in favor of a claims under this article, be concluded either as claimant, a citizen of the French Republic, the to law or facts by any judicial decision, sentence, Government of the United States will, within six or decree, which has been had or rendered therein: months after the date of the award, upon like conand they shall decide the claims in question ac- dition, and in like manner and time, cause to be cording to the original merits of the several cases, paid. or secure to be paid, to such claimant, or his and to justice, equity, and the law of nations; and transferee, at the city of Washington. in all cases of complaint existing prior to the 7th Art. 5. And whereas complaints have been

may be.


Relations with France.

made by divers merchants and others, citizens of all other expenses attending the said Commisthe United States, that the French Government sioners shall be defrayed jointly by the two paris indebted to them, by contract, in considerable ties; the same being previously ascertained and sums, for provisions and other property received allowed by a majority of the Commissioners: and from them in France and other places within the in case of death, sickness, or necessary absence, jurisdiction or dominions of the said Republic, the place of every such Commissioner, respective and for freight and use of their vessels to trans- ly, shall be supplied in the same manner as such port provisions and other property, and prisoners, Commissioner was first appointed; and the new all since the commencement of the war in which Commissioner shall take the same oath or affirmthe French Republic is now engaged, for a part of ation, and do the same duties. which debts they hold certificates and bills, issued and drawn by officers and agents of the Republic,

[Explanatory Note.] payable in France and in other places; and that,

The Ministers Plenipotentiary of the French although they have used due diligence, it has Republic will please to observe that a blank is never been in their power to obtain payment of left for the insertion of such claims of the citizens said debts, certificates, or bills: it is agreed that, of the Republic on the United States as the Minin such cases, the claimants may, if they see fit, isters may think proper to bring forward. A prefer their claims to the Commissioners provided blank is also left for the mode of selecting the fire in the second article, who are authorized to pro- proposed Commissioners, and another for ihe manceed respecting the same as to the time of their ner in which they shall be organized; for the fillreception, mode of examination, and admission of ing of which two last the Envoys of the United evidence, and generally, in other respects, as is States are preparing propositions, which will be prescribed for the claims there specified; and they sent in a day or two. A blank is also left for the shall decide them according to justice and equity. title of the treaty, of which the proposed articles,

The award of the Commissioners, in such cases, if agreed to, may form a part. or any Board of them, as is provided in the second article, shall be final and conclusive, both as

APRIL 18. to the justice of the demand and the amount of the sum to be paid to the creditors or claimants : in some measure developed in the preceding cor

The views of the French Government being and, when in favor of claimants, they shall comprehend interest from the times, respectively, at sumed some form, it was thought proper to advise

respondence, and the negotiation having now aswhich the debts ought, according to the tenor or the Government of the United States of the pronature of the contract, to have been paid, at the rates respectively stipulated therein; or, where gress and state of the business. The following none was specially stipulated, at such rate, in each State; duplicates and triplicates were also after

letter was therefore written to the Secretary of case, as the Commissioners shall judge to be just. But it is understood that no person, by omitting to

wards for warded: prefer such, his claim, to the said Commissioners,

Paris, April 18, 1800. shall thereby impair his right to seek and obtain Sir: Your despatches of the 6th and 20th of payment by any other means.

January reached us some time since, as did also Whatever sum shall be awarded in favor of any their duplicates and triplicates. claimant under this article, the Government of the

We all met here the 20 of March, Mr. Murray French Republic will, in three months after the having arrived the evening before.' The papers date of the award, on condition of such releases marked from A to V, which we have the honor or assignments to be given by him as the said to enclose, trace the circumstances connected with Commissioners may direct, cause to be paid to our mission, which have since taken place. him, without deduction, in gold or silver coin, at On the 5th of March, we waited on the MinisParis, or will then convert the same into transfer- ter of Exterior Relations, delivered copies of our able stock or capital, bearing an interest at the letters of credence, and requested to be informed rate of six per cent. per annum ; which interest at what time we should have an audience of the and principal the said Government will cause to Premier Consul. He observed that, in cases like be paid, without deduction, in gold or silver coin, ours, it was usual to postpone the audience till to such claimant, or his transferee at Paris, viz: the negotiation was finished. We replied that, the interest annually, and the principal by three should we be honored with one before the negoequal instalments, viz: one-third in two years, one- tiation commenced, we thought its effects would third in four years, and the remaining third in six be favorable. Mr. Talley rand then said that he years from the date of the award. The form of supposed there would be no difficulty on that ihe security or securities and the mode of transfer point, and that he would speak to the Premier to be such as the said Commissioners shall pre

Consul about it. scribe.

On the 8th of March, agreeably to the notificaArt. 6. It is further agreed that the Commis- tion which we had in the meantime received, we missioners mentioned in this and the preceding attended, and had an audience of the Premier articles shall be respectively paid in such manner Consul at the palace of the Tuilleries, and delivas shall be agreed between the two nations; such ered him our letters of credence. We were reagreement being to be settled at the time of the ceived with the respect due to the character which exchange of the ratifications of this treaty; and we had the honor to bear. The audience was a

Relations with France.



public one, and was attended by the two other the Commissioners named by the two parties Consuls, the Ministers of the Government, mem- shall respectively propose one person; and of the bers of the Council of State, general officers, and names so proposed, one shall be drawn by lot in the Ministers of foreign Powers. After the com- | the presence of the four original Commissioners.”' pliments usual on such occasions had passed, Mr. That left for the organization of a board, with Talleyrand informed us that a commission of these words: “ Three of said Commissioners shall three Ministers Plenipotentiary had been ap- constitute a board, and shall have power to do any pointed to negotiate with us, and that we should act pertaining to said commission, provided that receive a note from him officially notifying us of one of the Commissioners on each side, and the that appointment; which we accordingly received fifth Commissioner, shall be present.” in the evening of the same day.

And that the sentence which contains a blank The illness of Mr. Joseph Bonaparte, President for the place of their meeting, may be so comof the French Commission, prevented our meet- pleted as to read thus: “ The Commissioners shall ing with them for the exchange of powers till the be appointed, and meet at Paris, within six months 2d instant; and the time till the 7th was also lost from the ratification of this treaty by the respecin obtaining such further powers as were satisfac- tive Governments, and as much sooner as may be; tory to us. Since that day you will perceive that but they shall have power to adjourn from place the negotiation has made some progress; and will to place, as they shall see cause." Accept, &c. doubtless also perceive, that there has been, on our

OLIVER ELLSWORTH, part, due solicitude to give it facility.

W. R. DAVIE, Our note of yesterday, sent to-day, was accom

W. V. MURRAY. panied with six articles covering the whole ground of individual claims, and formed for a treaty; but there has not been time to prepare a copy for this

PARIS, 3d Floreal, (April 22,) year 8. despatch. It is understood that the campaign has

The Ministers Plenipotentiary of the French opened between Austria and France, on the side Republic have received the note which the Enof Italy.

voys Extraordinary and Ministers Plenipotentiary We have the honor to be, sir, with high re- of the United States have done them the honor to spect, your obedient humble servants,

address to them the 17th of April, as well as the OLIVER ELLSWORTH,

supplementary note of the 21st. W. R. DAVIE,

They have been engaged, since that time, in W. V. MURRAY.

preparing a reply; and, as soon as their observaP.S. We shall be hard pressed to revive the tions shall be reduced to writing, they will hasten old treaty, so far, at least, as to save its anteriority to transmit them to the American Ministers.

They pray the Ministers Plenipotentiary of the

United States to accept the assurance of their APRIL 21.

high consideration. The Envoys being extremely desirous of form

J. BONAPARTE, ing the Board of Commissioners for adjusting the

FLEURIEU, claims in some manner that might avoid the in

REDERER. conveniences which have resulted from the mode prescribed in the sixth and seventh articles of the

May 6, 1800. Treaty of Amity and Commerce between the

The following note was received to-day from United States and Great Britain, had retained that

the French Ministers: part of the subject under consideration till the 21st of April; when, after the discussion of seve

Paris, 16th Floreal, ral projects, they finally agreed that, under all cir

(6th May) year 8. cumstances, the mode adopted in the above treaty The Ministers Plenipotentiary of the French was the least exceptionable, and transmitted the Republic coincide with the Envoys Extraordinafollowing note to the French Ministers :

ry and Ministers Plenipotentiary of the United The Envoys Extraordinary and Ministers Plenipoten- States

, in viewing the communication of their tiary of the United States of America to the Minis project of a treaty as a frank mode of leading to ters Plenipotentiary of the French Republic.

ihe discussion of principles which should guide

the negotiation and promote its object. Paris, April 21, 1800.

The object of the negotiation is to restore the CITIZEN MINISTERS: The undersigned requests harmony and cement the friendship formerly subthat the blanks in the articles which they had the sisting between the two nations. honor to send you under the date of the 17th May, The principles, with which the undersigned be filled as follows, viz: that left for the mode of conceive it necessary to commence, are those selecting the five Commissioners with these words: which can determine the true sense of the mutu"Two of them shall be appointed by the Premier al obligations, the real or supposed infraction of Consul of the French Republic, two of them by which has caused a misunderstanding between the President of the United States, by and with the respective Governments. the advice and consent of the Senate thereof, and The liquidation and discharge of the damages the fifth by the unanimous voice of the other four; which may have resulted, either to the two naand, in case they should not agree in such choice, tions or to their citizens, from this momentary

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