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Relations with France.

voys Extraordinary and Ministers Plenipotentiary of the United States for conducting the negotiation. They are of opinion that the first object should be, to determine the rules, and the mode of procedure, for the valuation and indemnification of those injuries for which the two nations, respectively, may have demands against each other, whether these demauds are founded on national injuries or individual claims.

And that the second object is, to insure the execution of the treaties of friendship and commerce, now existing between the two nations, and the accomplishment of those views of reciprocal advantage which first dictated them.

The undersigned have only, in addition, to observe, that as no measures are authorized by the Government of France affording the least ground of inquietude to the American commerce, they would consider it a preliminary favorable to the negotiation, if the Envoys Extraordinary and Ministers Plenipotentiary of the United States will be pleased to communicate the orders, no doubt issued by the President of the United States, to discontinue the operation of the acts of Congress, the enforcement of which must be viewed as repugnant to that good understanding for which both nations have expressed an equal desire.

The undersigned pray the Ministers Plenipotentiary to receive the assurance of their high consideration.

BONAPARTE,
FLEURIEU,
REDERER.

The Envoys Extraordinary and Ministers Plenipotentiary of the United States of America to the Ministers Plenipotentiary of the French Republic.

PARIS, April 11, 1800.

CITIZEN MINISTERS: The undersigned have seen with pleasure in your note which they had the honor to receive yesterday, an acquiescence in the principle of compensating equitable claims of citizens on both sides; though you have proposed to include also claims which either nation might have for herself.

to commerce, is not to renew or amend the former treaty. but to propose a new one, which shall have fewer difficulties of construction and execution; shall more extend the provisions for intercourse, and better adapt them to the existing state of things; and they trust that, when the negotiation shall have sufficiently progressed to take up this branch of it more particularly, their expectation will be shown to be reasonable.

Any recent acts of the French Republic, having for their object to remove from the American commerce causes of disquietude, will be duly estimated in America, and be perceived to have strengthened the ground for returning confidence, when there shall have been time for it.

With respect to the acts of the Congress of the United States, which the hard alternative of abandoning their commerce to ruin imposed, and which, far from contemplating a co-operation with the enemies of the Republic, did not even authorize reprisals upon her merchantmen, but were restricted simply to giving safety to their own, till a moment shall arrive when their sufferings could be heard and redressed: of these acts the undersigned do not know that the President of the United States has suspended their effect, except in the instance of saving St. Domingo from famine. But, without doubt, their effects will wholly cease as soon as it can be assured that the necessity which imposed them no longer exists: of which the undersigned hope their mission will be regarded as a sufficient pledge.

Should it appear to the Ministers of the French Republic, from these explanations, made with a frankness equal to the candor with which they are sure to be examined, that the way is prepared to bring forward an arrangement for the claims of citizens, the undersigned will soon have the honor to offer for their consideration some details on that subject. Accept, &c.

OLIVER ELLSWORTH,
WILLIAM R. DAVIE,
WILLIAM V. MURRAY.

The Ministers of France to the American Envoys.

PARIS, 23d Germinal, (14th April,) year 8. The Ministers Plenipotentiary of the French Republic do not perceive, from the considerations suggested rather than developed by the Envoys Extraordinary and Ministers Plenipotentiary of the United States, any obstacle to arrangements which it may be proper to make, on the subject of the individual claims of one nation upon the other. It being impossible, on the part of either, to estimate these claims except by the discussion of the principles of the law of nations and the obligations of treaties, the national claims will, for the most part, be impliedly estimated by the value affixed to those of individuals. National stipulations will be only the ulterior consequences of admitted principles.

This description of claims was omitted in the proposition of the undersigned, not from the apprehension of an unfavorable balance, but because in their nature they were difficult to define and limit, because their discussion might be unpleasant and dilatory, and because, also, to insist on pecuniary compensation for themselves, would be incompatible with that magnanimity which it was presumed both nations would prefer in an act of accommodation, so auspicious to their future prosperity. If, however, after considering these objections, and others which will suggest themselves, the Ministers of the French Republic shall deem it necessary to provide pecuniary compensation for such claims, the undersigned will be ready further to consider the question at a convenient 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 anThe 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 these principles to the claims brought forward, whether national or individual, clearly shown. It is only when the doubts thus raised shall be removed, that the Ministers Plenipotentiary of the two nations will be able to determine whether the ancient treaties will suffice to their interests

or not.

Finally, the Ministers of the French Republic cannot see without concern that the Ministers Plenipotentiary of the United States are uninformed of any revocation of the hostile measures which their Government has adopted with regard to France. The French Government, after rescinding several regulations which had given inquietude to the Federal Government; after publishing many others for the purpose of re-establishing perfect harmony; after professing, also, a readiness to do all that justice shall demand, in order to efface every irritating remembrance; had a right to expect, with other evidences of reciprocity, that the armed vessels of the United States should cease to attack the vessels of the Republic, and that the effusion of human blood should no longer be feared.

To prevent the interruption of the negotiation by vexatious incidents like these, it is necessary that the Ministers Plenipotentiary of the United States shall give an assurance to the Ministers Plenipotentiary of the Republic, that their Government will terminate, without delay, the hostile condition which it now maintains in relation to France. This assurance, strongly demanded by the acts of the French Government, to which a just reciprocity has been promised, can only be considered a legitimate exchange for that herein contained.

The undersigned pray the Envoys Extraordinary and Ministers Plenipotentiary of the United States to accept the assurances of their high consideration.

BONAPARTE,
FLEURIEU,
REDERER.

The Envoys Extraordinary and Ministers Plenipotentiary of the United States of America to the Ministers Plenipotentiary of the French Republic.

PARIS, April 17, 1800. CITIZEN MINISTERS: The undersigned have been favored with your note of the 23d of Germinal.

of recent repeals of regulations, which had given
disquietude to the United States, and of other reg-
ulations lately adopted with a view of re-establish-
ing harmony, it would be as well their pleasure as
their duty to transmit the same in the most favor-
able manner to their Government, which would
be sure, in the conciliatory temper it has evinced,
to receive from them very fully the correspondent
impressions they are adapted to make. Penetrated
as the undersigned are with the interests which
both nations have in returning to a good under-
standing, they receive with sensibility a pledge of
that event in the declaration, that the French Re-
public is ready to do all that justice can require
to obliterate every irritating remembrance.
The undersigned, conceiving that the way is
now prepared, have the honor to offer for consid-
eration some details respecting the claims of indi-
viduals. They have preferred to offer them at
once in the form of articles of the treaty, as con-
taining a full and frank expression of their views;
and as a mean by which the principles can be dis
cussed connected directly with their application;
as the most probable way of fixing the attention
of the Ministers on both sides upon the points of
difference of opinion, if any such exist; and as
affording the most certain prospect of progressing
in the business. And they have no doubt that in
those articles or propositions will be seen a spirit
of accommodation as well as of justice.
Accept, &c.

OLIVER ELLSWORTH,
WILLIAM R. DAVIE.
WILLIAM V. MURRAY.

ARTICLE 1. There shall be a firm, inviolable and universal peace, and a true and sincere friendship, between the French Republic and the United States of America, and between their respective countries, territories, cities, towns, and people, without exception of persons or places.

ART. 2. Whereas complaints have been made 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, they have sustained considerable losses and damage, by reason of irregular or illegal captures or condemnations of their vessels and other property, in ports and places within the jurisdiction or dominions of the said Republic, all under color of authority or commissions from the same; for which losses and damage they have failed, withWith 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 give assurances, otherwise than by incorporating them in a treaty, it having been expected by their Government that, in that way, every necessary assurance on both sides would so soon be given as to render preliminary provisions of little use: and which expectation the undersigned yet confidently trust will not be disappointed.

Should they, however, be favored with copies

French Republic.

And whereas complaints have also been made by divers merchants and others, citizens of the French Republic, that under color of authority or commissions, from the United States; for which losses and damage they have failed, without manifest negligence or wilful omission on their part, to obtain adequate compensation: it is 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.

That, for the purpose of ascertaining the amount of any such losses and damage sustained either by citizens of the United States or of the French Republic, five Commissioners shall be appointed and authorized to meet and act in the following manner, viz:

sular convention then existing between France and the United States.

The award of said Commissioners, or any Board of them, as herein before provided for, shall be final and conclusive as to the justice of the claim, and the amount of the sum to be paid to the creditor or claimant. And they shall comprehend, When the five Commissioners thus appointed when in favor of a claimant, a reasonable allowshall 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 be entered on the records of their proceedings, viz:

I, A B, one of the Commissioners appointed in pursuance of the second article of the treaty of between the French Republic and the United States of America, do solemnly swear or affirm that I will honestly, diligently, impartially, and carefully examine all such complaints as, under the said article, shall be preferred to the said Commissioners, and the same will decide to the best of my judgment, according to the rules and principles of decision expressed and contained in the said treaty of —. I will, also, in like manner, examine all such complaints as, under the fifth article of said treaty, shall be preferred to the said Commissioners, and will decide them to the best of my judgment, according to justice and equity; and that I will forbear to act as Commissioner in any case in which I am personally interested.

Two years, from the day on which the Commissioners shall form a Board, and be ready to proceed to business, are assigned for receiving complaints and applications; but the Commissioners are nevertheless authorized, in any particular case in which it shall appear to them reasonable and just, to extend the said term of two years for any term not exceeding six months after the expiration thereof. The Commissioners shall be appointed, and meet at within six months from the ratifications of this treaty by the respective Governments, and as much sooner as may be.

And it is also further agreed, that not only the now existing cases, of all the descriptions before named, but all such as shall exist at the time of exchanging the ratifications of this treaty, shall be considered as being within the provisions, intent, and meaning of this article.

ART. 3. The French Republic, desirous, in an adjustment of differences with the United States, to give them a proof of her liberality, by waiving formal exceptions, and narrowing the ground of discussion, does agree that such claims of the citizens of the United States for compensation as shall be in other respects fair and equitable, shall not be prejudiced by reason of not having on board their vessels, when captured, any other passport or sea-letter than such as had been usually furnished by their Government prior to the 2d day of March, 1797, or any other ship's rôle d'équipage, or other shipping paper, than had been generally used by the citizens of the United States prior to that date; nor shall their claims be prejudiced by reason of having on board their vessels, when captured, merchandise, the manufacture or production of any particular country or place.

ART. 4. Any sum which shall be awarded by the said Commissioners, pursuant to the second article of this treaty, in favor of a claimant, a citizen of the United States, the Government of the French Republic will, on the condition of such releases or assignments, to be given by him, as the said Commissioners may direct, cause to be paid to such claimant, in silver or gold coin, without 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 from 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, and to justice, equity, and the law of nations; and in all cases of complaint existing prior to the 7th

paid. or secure to be paid, to such claimant, or his transferee, at the city of Washington.

ART. 5. And whereas complaints have been

Relations with France.

[Explanatory Note.]

The Ministers Plenipotentiary of the French Republic will please to observe that a blank is left for the insertion of such claims of the citizens of the Republic on the United States as the Ministers may think proper to bring forward. A blank is also left for the mode of selecting the five proposed Commissioners, and another for the manner in which they shall be organized; for the filling of which two last the Envoys of the United States are preparing propositions, which will be sent in a day or two. A blank is also left for the title of the treaty, of which the proposed articles, if agreed to, may form a part.

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, respectiveand 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, payable in France and in other places; and that, although they have used due diligence, it has never been in their power to obtain payment of said debts, certificates, or bills: it is agreed that, in such cases, the claimants may, if they see fit, prefer their claims to the Commissioners provided in the second article, who are authorized to proceed respecting the same as to the time of their reception, mode of examination, and admission of evidence, and generally, in other respects, as is prescribed for the claims there specified; and they shall decide them according to justice and equity. The award of the Commissioners, in such cases, or any Board of them, as is provided in the second article, shall be final and conclusive, both as to the justice of the demand and the amount of the sum to be paid to the creditors or claimants: and, when in favor of claimants, they shall comprehend interest from the times, respectively, at which the debts ought, according to the tenor or nature of the contract, to have been paid, at the rates respectively stipulated therein; or, where none was specially stipulated, at such rate, in each case, as the Commissioners shall judge to be just. But it is understood that no person, by omitting to prefer such, his claim, to the said Commissioners, shall thereby impair his right to seek and obtain payment by any other means.

APRIL 18.

The views of the French Government being in some measure developed in the preceding corsumed some form, it was thought proper to advise respondence, and the negotiation having now asthe Government of the United States of the progress and state of the business. The following letter was therefore written to the Secretary of wards forwarded: State; duplicates and triplicates were also after

PARIS, April 18, 1800.

SIR: Your despatches of the 6th and 20th of January reached us some time since, as did also their duplicates and triplicates.

We all met here the 2d of March, Mr. Murray having arrived the evening before. The papers marked from A to V. which we have the honor to enclose, trace the circumstances connected with our mission, which have since taken place.

Whatever sum shall be awarded in favor of any claimant under this article, the Government of the French Republic will, in three months after the date of the award, on condition of such releases or assignments to be given by him as the said Commissioners may direct, cause to be paid to 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 rate of six per cent. per annum; which interest and principal the said Government will cause to be paid, without deduction, in gold or silver coin, to such claimant, or his transferee at Paris, viz: the interest annually, and the principal by three equal instalments, viz: one-third in two years, onethird in four years, and the remaining third in six years from the date of the award. The form of the security or securities. and the mode of transfer to be such as the said Commissioners shall pre

scribe.

ART. 6. It is further agreed that the Commismissioners mentioned in this and the preceding articles shall be respectively paid in such manner as shall be agreed between the two nations; such agreement being to be settled at the time of the exchange of the ratifications of this treaty; and

letters of credence, and requested to be informed at what time we should have an audience of the Premier Consul. He observed that, in cases like ours, it was usual to postpone the audience till the negotiation was finished. We replied that, should we be honored with one before the negotiation commenced, we thought its effects would be favorable. Mr. Talleyrand then said that he supposed there would be no difficulty on that point, and that he would speak to the Premier Consul about it.

On the 8th of March, agreeably to the notification which we had in the meantime received, we attended, and had an audience of the Premier Consul at the palace of the Tuilleries, and delivered him our letters of credence. We were received with the respect due to the character which we had the honor to bear. The audience was a

Relations with France.

public one, and was attended by the two other Consuls, the Ministers of the Government, members of the Council of State, general officers, and the Ministers of foreign Powers. After the compliments usual on such occasions had passed, Mr. Talleyrand informed us that a commission of three Ministers Plenipotentiary had been appointed to negotiate with us, and that we should receive a note from him officially notifying us of that appointment; which we accordingly received in the evening of the same day.

the Commissioners named by the two parties shall respectively propose one person; and of the names so proposed, one shall be drawn by lot in the presence of the four original Commissioners." That left for the organization of a board, with these words: "Three of said Commissioners shall constitute a board, and shall have power to do any act pertaining to said commission, provided that one of the Commissioners on each side, and the fifth Commissioner, shall be present."

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 accompanied 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 despatch. It is understood that the campaign has opened between Austria and France, on the side of Italy.

We have the honor to be, sir, with high respect, your obedient humble servants,

OLIVER ELLSWORTH,
W. R. DAVIE,
W. V. MURRAY.
P.S. We shall be hard pressed to revive the
old treaty, so far, at least, as to save its anteriority.

APRIL 21.

The Envoys being extremely desirous of forming the Board of Commissioners for adjusting the claims in some manner that might avoid the inconveniences which have resulted from the mode prescribed in the sixth and seventh articles of the Treaty of Amity and Commerce between the United States and Great Britain, had retained that part of the subject under consideration till the 21st of April; when, after the discussion of several projects, they finally agreed that, under all circumstances, the mode adopted in the above treaty was the least exceptionable, and transmitted the following note to the French Ministers: The Envoys Extraordinary and Ministers Plenipotentiary of the United States of America to the Ministers Plenipotentiary of the French Republic.

PARIS, April 21, 1800. CITIZEN MINISTERS: The undersigned requests that the blanks in the articles which they had the honor to send you under the date of the 17th May, be filled as follows, viz: that left for the mode of selecting the five Commissioners with these words: "Two of them shall be appointed by the Premier Consul of the French Republic, two of them by the President of the United States, by and with the advice and consent of the Senate thereof, and the fifth by the unanimous voice of the other four; and, in case they should not agree in such choice,

W. V. MURRAY.

PARIS, 3d Floreal, (April 22,) year 8.

The Ministers Plenipotentiary of the French Republic have received the note which the Envoys Extraordinary and Ministers Plenipotentiary of the United States have done them the honor to address to them the 17th of April, as well as the supplementary note of the 21st.

They have been engaged, since that time, in preparing a reply; and, as soon as their observations shall be reduced to writing, they will hasten to transmit them to the American Ministers.

They pray the Ministers Plenipotentiary of the
United States to accept the assurance of their
high consideration.
J. BONAPARTE,
FLEURIEU,
REDERER.

MAY 6, 1800.

The following note was received to-day from the French Ministers:

PARIS, 16th Floreal,
(6th May) year 8.

The Ministers Plenipotentiary of the French Republic coincide with the Envoys Extraordinary and Ministers Plenipotentiary of the United States, in viewing the communication of their project of a treaty as a frank mode of leading to the discussion of principles which should guide the negotiation and promote its object.

The object of the negotiation is to restore the harmony and cement the friendship formerly subsisting between the two nations.

The principles, with which the undersigned conceive it necessary to commence, are those which can determine the true sense of the mutual obligations, the real or supposed infraction of which has caused a misunderstanding between the respective Governments.

The liquidation and discharge of the damages which may have resulted, either to the two nations or to their citizens, from this momentary

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