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Relations with France.

misunderstanding, can only be considered as a misunderstanding has arisen; and upon these acts consequence of the interpretation which, by com- it seems proper that union and friendship should mon consent, shall be given to ancient treaties, as be re-established. a proof of a sincere return to the primitive rela- In hastening to recognise the principle of comtions of the two nations, and as a pledge for the pensation, it was the intention of the undersigned oblivion of those events by which the former re- to exhibit an unequivocal proof of the fidelity of lations have been disturbed.

France to her ancient engagements; all pecuniary The communication of this project, by the Min- stipulations appearing to her proper as results isters of the United States, has, therefore, a ten- from ancient treaties, not as preliminaries to a dency to remove the obstacles which lie in the new one. The undersigned pray, &c. way between the object to which it is proposed to

BONAPARTE, arrive and the principles with which it is proper

FLEURIEU, to set out.

REDERER. No doubt exists respecting the object to which the desires and interests of both nations are di- the acts which show the earnestness with which

P.S. We have the honor to transmit herewith rected. The Ministers, respectively, are also agreed on irritation which have heretofore existed.

the Government desires to remove the causes of the expediency of providing a suitable indemnity.

The discussion, then, is now restricted to two points, viz: 1st. What are the principles which

MAY 7. ought to have governed, and which ought still to A conference was held to-day for the purpose govern, the political and commercial relations of of agreeing upon the draught of answer; and, as the two nations ? 2d. What is the mode, the best the French Ministers had acceded to the general adapted to their respective interests, by which the

proposition of mutual compensation and indemniascertained indemnities shall be liquidated and ty, in their note of the 19th Germinal, (9th of discharged ?

April,) and had again recognised the principle in The examination of the principles ought to pre- their note of the 16th Floreal, (6th of May.) concede the consideration of ihe mode of indemnifi- nected with certain discussions, and the ulterior cation: since, on the one hand, an indemnity can adjustment of the existing differences in a treaty, not result except from an admitted contravention the Envoys were of opinion that they would facilof an acknowledged obligation; and, on the other, itate the arrangements as to the preliminary obit is only an agreement founded upon principles ject, and avoid ihe waste of time, in the discussion that can insure peace and maintain friendship. The Ministers of the French Republic would, tire project of a treaty which they had then pre

of general abstract principles, by sending the enfor this reason, have seized the present moment pared. "By these means, they hoped to fix the atto develop their views respecting the various in- tention of the French Ministers to the real objects terpretations which, for years past, have been given of difference, and press the business forward with to the treaties, if, upon reading the 20 article of a degree of certainty that would mark the progress the project which has been submitted, they had of the negotiation; and, therefore, the next day, not been struck with an interpretation of which the 8th of May, forwarded the answer which folthey can conceive neither the cause nor the object, lows, of that date, accompanied by the remaining and which, therefore, seems to require explana- part of their project of a treaty, from article 7 to tion. The words which contain it relate to the article 36, inclusive: arbitrators to be appointed for the liquidation of damages. They shall decide (says the project) The Envoys Extraordinary and Ministers Plenipotenthe claims in question, according to the original

tiary of the United States of America to the Ministers merits of the several cases, and according to jus

Plenipotentiary of the French Republic. tice, equity, and the law of nations; and, in all

Paris, May 8, 1800. cases of complaint, existing prior to the 7th July, Citizens MINISTERS: The undersigned have 1798, according to the treaties and consular con- been honored with your note of the 16th of Flovention then existing between France and the real. They readily assign the reason why it wa United States."

proposed by them that the treaties and consular The Ministers Plenipotentiary of the French convention, made between France and the United Republic are not aware of any reason which can States, should be the rule of decision on the claims authorize a distinction between the time prior to of their respective citizens, only with respect to the 7th of July, 1798, and the time subsequent to causes of complaint which arose prior to the 7th that date, in order to apply the stipulations of trea- July, 1798, leaving their subsequent causes of ties to the damages which have arisen during the complaint to rest upon the law of nations; and first period, and only the principles of the laws of also the reason why they cannot regard those nations to those which have occurred during the treaties as the basis of the present negotiation for second.

any other purpose than that of giving a rule by The commission of the Ministers Plenipotenti- which causes of complaint, prior to the period ry of the French Republic has designated the above mentioned, are to be tested. Treaty of Alliance, and of Friendship and Com- It was not till after the Treaty of "Amity and merce, and the Consular Convention, as the sole Commerce, of February, 1778, had been violated basis of their negotiations. Upon these acts the to a great extent on the part of the French Re

Relations with France.

public, nor till after explanations and an amicable | asylum for privateers, which obstructs their comadjustment, sought by the United States, had been merce, and too easily entangles them in the conrefused, that they did, on the 7th day of July, 1798, flicting passions and interests of the belligerent by a solemn public act, declare that they were Powers. freed and exonerated from the treaties and consu- It is true, however, that the engagements of the lar convention which had been entered into be- United States do not, as yet, permit them to purtween them and France. Nor would such decla- sue their policy, with respect to privateers, to its ration, though justified by the law of nature and full extent. Those of one nation have a right of of nations, have even then been made, if it had asylum in their ports, but it is a right which may been possible for the United States, while contin- cease in two years after the present war with Great uing the treaties and consular convention as the Britain. Nor is it conceived to be very interestrule of their conduct, to guard against injuries ing to the French Republic during the present which daily increased, and threatened their com- war, which is presumed to draw near to an honmerce with total destruction. That declaration orable termination, to whose prizes and privateers cannot be recalled; and the United States must the ports of the United States may, in the meanabide by its effects, with respect to the priority of time, be most open, as few or none of her mertreaties, whatever inconveniences may result to chantmen now pass that coast to be exposed, and themselves. Their Government, it was under- as few or none of her enemies pass it without stood, could not, with good faith, give to the un- convoys too strong for privateers. dersigned powers to change or effect such priori- For an answer to the other question, what is to ties, and they do not possess them.

be the commercial relation of the two nations, the The undersigned deem it unnecessary at present undersigned refer particularly to the thirteenth to enumerate the acts of the French Government article of their project, which they have endeavwhich produced the above measure. The princi- ored to accommodate, not only to the existing ples of those decrees are as well understood, and circumstances, but to the future hopes of both now as fully acknowledged, as the mischiefs they nations. have generated: and, as the object of this negoti- It is seen that this article goes further than the ation is to produce the reconciliation, and to ce- colonial and monopolizing systems of Europe have ment the ancient friendship of the two nations, admitted an experiment of; but it is hoped that such a painful recapitulation would, at this time, the period approaches when nations will cease to answer no valuable purpose. They are, therefore, interpose those barriers and restraints upon comstill of opinion thai the views of the respective merce, which, besides checking industry and enMinisters should be directed to the object of ter-terprise, diminish the value of everything they minating their differences in such a manner as, have to sell, and enhance the price of everything without a specific and detailed discussion on the they purchase. merits of the respective complaints, might, by the As to an unembarrassed intercourse between the adoption of plain and acknowledged principles of United States and French West India islands, in justice, produce mutual satisfaction and a perma- particular, nothing could more happily, or perhaps nent good understanding.

more justly, efface from the recollection of the forThe undersigned recognise the principle that a mer their sufferings in that quarter; and certainright to indemnification can result only from the ly nothing would sooner restore the latter to proviolation of a known obligation; and they con- ductiveness and utility. They need only, in adceive it to be equally incontrovertible that the law dition to order, facility of supplies and sales for a of nations constitutes such an obligation where few years for their complete re-establishment, and treaties do not exist. They have not understood even to carry them to a height of prosperity which that the principle of compensation, proposed by the neighboring islands could not rival. them, was admitted wiihout a supposition that the Reserving to the Republic, exclusively, her other points would be satisfactorily arranged; yet coasting trade, and the direct trade between they trust that satisfying the demands of justice France and her colonies, and to the United States will always be considered as the wisest of political their coasting trade, and leaving each nation to expedients.

encourage also, by a reduction of duties to a limThe questions what are to be the political, and ited extent, the use of their own ships, is presumed what the commercial relations of the two coun- sufficient so to raise the marines of both, (which, tries, have had the consideration, so far as the fortunately, can rise without being objects of muundersigned have been able to bestow it, which tual jealousy,) as to insure a reasonable share of questions of such high and extensive import de- the privileges of the ocean. serve.

And, lastly, it will not be an objection to this For an answer to the first, they refer to their article, that, while it proposes to invigorate the project of a treaty; and it is scarcely necessary to commerce of France, it promises also extension add that the interest of the United States, while and activity to that of the United States; because, it prompts them strongly to cultivate a good un- it is well understood, that every depression which derstanding with France, forbids them to wish the commerce of the latter feels, and every risk to such relations to any Power as might involve which it is subjected, profit only the enemies of them in the contests with which Europe is so of- the former, by augmenting their carrying trade, ten scourged. They wish not even to afford in and increasing their naval power. their ports, beyond the rights of hospitality, an With this note, the undersigned have the honor

may be.

Relations with France. to transmit the remaining part of a project, which, tate or goods so fallen to such minors; and, in together with what has been transmitted, disclo- general, in relation to such estate and goods, use ses fully their views, and will, as they hope, facil- all the rights and fulfil all the functions which itate the progress of the negotiation. Accept, &c. belong by the disposition of the laws to such

OLIVER ELLSWORTH, guardian, tutor, curator, or executor. The inher-

itances, as well as the goods and effects which the W. V. MURRAY.

said citizens or inhabitants, in changing their P.S. The Envoys of the United States have abode, shall be desirous of removing from the not had the pleasure to receive the copies referred place of their abode, shall be exempted, with reto in the postscript of the note to which the above spect to each, from all duty whatever. But it is is an answer.

at the same time agreed, that this article shall in

no manner derogate from the laws which either Art. 7. All citizens and inhabitants of either State may have now in force, or may hereafter nation, detained within the jurisdiction of the enact, to prevent emigration. Provided, also, that other, for any cause, except for debt or crimes if the laws of either country should at any time committed within the same, shall be immediately be incompatible with the inheritance or devise of set at liberty. All ships of war, or other public real estate by and to aliens, it is agreed that such ships, which either nation has taken from the real estate may be sold, or otherwise disposed ot, other, and detains, shall be given up; or where to citizens or inhabitants of the country where it that cannot without difficulty be done, the full value shall be restored; and the value, if not

Art. 9. Neither the debts due from individuals agreed between the parties, shall be ascertained of the one nation to individuals of the other, nor by the Commissioners mentioned in the second shares, nor moneys which they may have in pubarticle.

lic funds, or in the public or private banks, shall And it is further agreed that, if the armed ships ever, in any event of war, or national difference, of the United States have retaken and set free be sequestered or confiscated. from the ships of war or other public ships of the ART. 10. And whereas, debtors may flee from French Republic, any prizes which they had cap: the territories of one of the contracting parties to tured from her enemies, the United States will those of the other, it is agreed that the creditors, make compensation to the French Republic for being citizens or inhabitants of either nation, may the prizes so liberated. Claims for the same may pursue such debtors, whether they be citizens or be preferred to the said Commissioners, who shall inhabitants, or not, of either country, and shall decide them according to justice and equity; and have the benefit of the laws of the country to any sum or sums which they may award in sal- which such debtors may flee, on the one side and isfaction of such claims, the Government of the

on the other, in the same manner as if the debt or United States will cause to be paid, or secured in cause of action had arisen or been therein conthe same manner as is provided in the second ar- tracted. ticle in the case of claims of the citizens of the

ART. 11. And it is further agreed that the GorFrench Republic. And, as well all cases of either ernments of both nations, on requisitions by them of the descriptions aforesaid which shall exist at respectively made, or by their respective Ministhe time of exchanging the ratifications of this ters

, Consuls, or other officers authorized to make treaty, as those which now exist, shall be consid- the same, will deliver up to justice all persons, ered within the intent and meaning of this article. who, being charged with murder or forgery: com

Art. 8. The citizens and inhabitants of the mitted within the territories of the party making United States shall be exempted in the French the requisition, shall seek an asylum within any Republic from the droit d'aubaine, or other simi- of the territories or dependencies of the other; lar duty, under whatever name; and the citizens provided, that this shall only be done on such eviand inhabitants of both nations, may, by testa. Idence of criminality, as, according to the laws of ment, donation, or otherwise, dispose of their real the nation where the fugitive or person so charged estates already acquired, and of their goods and shall be found, would justify his apprehension and effects; and their heirs or representatives, being commitment for trial, if the offence had been citizens of one of the parties, and residing in either there committed; the expense of such apprehennation, or elsewhere, may succeed to them, even sion and delivery shall be borne and defrayed by ab intestato, without being obliged to obtain let- those who make the requisition and receive the ters of naturalization, and without having the ef- arrested fugitive. fect of this provision contested or impeded under ART. 12. To favor commerce on both sides, it any pretext whatever; and their heirs or repre, is agreed that, in case a war should break out besentatives shall receive such estate, or goods and tween the two nations, (which God forbid!) the effects, either in person, or by attorney or substi- term of six months after the declaration of war, tute; and if the heirs or representatives to whom shall be allowed to the merchants, and other citisuch succession or devise, and goods or effects zens and inhabitants, respectively, on one side and may have fallen, shall be minors, the guardian, the other, in order that they may withdraw with tutor, curator, or executor established by the test-their effects and mor bles, which they shall be ament, or by the domiciliary laws of the country, at liberty to send, carry away, or sell, where they whereof such minor shall be a citizen or inhabi- please, without the least obstruction ; por shall tant, may direct, administer, and alienate the es- I their effects, much less their persons, be seized

Relations with France.

during such term of six months; on the contrary, in the ships and vessels of the French Republic, passports, which shall be valid for a time neces- as shall be paid on teas imported in the ships and sary for their return, shall be given to them for vessels of the most favored nation. their vessels and the effects which they shall be The ships and vessels of the French Republic willing to send away or carry with them; and shall be permitted, when it shall be convenient for such passports shall be a safe conduct against all them, both to lade and unlade by parcels, at differinsults and prizes, which privateers may attemptent ports in the United States, conforming to such against their persons or effects. And if anything regulations as the laws of the country shall prebe taken from them, or any injury done to them scribe to prevent frauds in the revenue. But they or their effects by one of the parties, their citizens, shall not unlade in any port of the United States or inhabitants, within the time above prescribed, what they have laded in any other port of the full satisfaction shall be made to them on that ac- same, except in cases of distress, and shall then count.

only be permitted to sell so much of what they ART. 13. And for the purpose of more effectu- have laded, as may be necessary for the repairs of ally maintaining a good correspondence, and fa- the ship or vessel, and the prosecution of the voycilitating commerce between the citizens of the age. two nations, it is agreed, on the part of the Uni- And it is also agreed, on the part of the French ted States, that the merchant ships and vessels of Republic, that the merchant ships and vessels of the French Republic may freely enter, lade and the United States may freely enter, lade, and ununlade, at such convenient port or ports in each lade at such convenient port or ports in every part of the United States situate on the ocean, as shall of the territories or dominions of the French Refor that purpose be designated by the laws of the public in any quarter of the world, as shall, for United States, and until such designation shall be that purpose, be designated by the laws of the made, at any of the ports of the same where for- | Republic; and until such designation shall be eign ships and vessels are now permitted to enter; made, at all the ports in the said territories or doand may, at all times, enter, lade, and unlade at minions where the ships or vessels of the French any port in the said States, at which ships and Republic are now permitted to enter from the sea; vessels of the most favored nation shall be per- and they may at all times enter, lade, and unladé mitted to do the same.

at any ports within the said territories or dominThe citizens of the French Republic may im-ions, at which ships or vessels of the most favored port in such ships and vessels, and freely dispose nation shall be permitted to do the same. of all merchandises, without exception, of the The citizens of the United States may import, manufacture, growth, or produce of any part of in such ships or vessels, to every part of the said the territories or dominions of the French Re- territories or dominions, and freely dispose of all public, or of the produce of her fisheries, and also merchandises, without exception, of the manuall merchandises of the manufacture, growth, or facture, growth, or produce of the United States, produce of any foreign country or place, the im- and of the produce of their fisheries; and also all portation of which shall not be prohibited in ships merchandises of the manufacture, growth, or proand vessels of the United States; and they may duce of any foreign country or place, the importaexport in such ships and vessels to any country or tion of which shall not be prohibited in ships and place out of the United States, all merchandises, vessels of the French Republic. And they may ihe exportation of which shall not be prohibited in export in such ships and vessels, from every part ships and vessels of the United States. There of the said territories or dominions, to any counshall be paid on such ships and vessels in the ports try or place out of the same, all merchandises of the United States, no other or higher duty than whatever, the exportation of which shall not be shall be paid on the ships and vessels of the most prohibited in ships and vessels of the said Repubfavored nation, nor any other or higher duty than lic. a tonnage duty, not exceeding fifty cents per ton There shall not be paid on such ships and vesof the ship or vessel; and such duties or fees, on sels, in any port in the territories or dominions of papers obtained from any office of the port, as the the French Republic, auy other or higher duty citizens of the United States shall pay in like than shall be paid at such port on the ships and

vessels of the most favored nation; nor any other No duties shall be paid on the exportation in or bigher duty than a tonnage duly of fifty-three such ships and vessels of any merchandise what sols per ton of the ship or vessel, and such duty or ever; nor shall any other or higher duty be paid fees on papers obtained from any office of the port on the importation in such ships and vessels, of as the citizens of the French Republic shall pay any merchandise, than the most favored nation in like cases. shall pay in like cases; nor any other or higher No duties shall be paid on the exportation in duty than shall be paid on the importation of like such ships and vessels from any port in the said merchandise in the ships and vessels of the Uni- territories or dominions of any merchandise whatted States; except that there may be exacted a ever; nor shall any cther or higher duty be paid duty less, by any proportion not exceeding one on the importation in such ships and vessels, to eleventh part, on importations in their own ships any part of the said territories or dominions, of and vessels than on importations in any other any merchandise whatever, than the most favored ships or vessels whatever; and except, also, that nation shall pay in like cases; nor any other or there may be exacted such duties on teas imported I higher duty than shall be paid on the importation

6th Con.-37


Relations with France.

of like merchandises in ships and vessels of the ports, roads, or shores belonging to the other party, French Republic, except that there may be ex-ihey shall be received with all humanity and kindacted a duty less, by any proportion not exceed-ness, and enjoy all friendly protection and help ; ing one-eleventh part, on importations in ships and they shall be permitted to refresh and proride and vessels of the said Republic, than on impor- themselves, at reasonable rates, with victuals, and tations in any other ships and vessels whatever; all things needful for the sustenance of their per: and except, also, that there may be exacted such sons, or reparation of their ships; and they shall duties on teas imported in ships and vessels of the be allowed to break bulk, and unlade and sell, conUnited States as shall be paid on teas imported in formably to the orders and regulations of the gorthe ships and vessels of the most favored nation. ernment of the place, so much of the cargo as

The ships and vessels of the United States shall may be necessary to defray their expenses, withbe permitted, when it shall be convenient for them, out being obliged to pay any duties whatever, er both to lade and unlade, by parcels, in different cept only on such ariicles as they may be permitports throughout the territories or dominions of ted to sell for the purposes aforesaid; and they the French Republic, conforming to such regula- shall no ways be detained or hindered from retions as the laws of the country shall prescribe to turning out of the said ports or roads, but may reprevent frauds in the revenue; but they shall not move and depart when and whither they please, unlade in any port within the said territories or without any let or hindrance. dominions what they have laded at any other port Art. 17. If any ship belonging to either of the within the same, except in cases of distress; and parties, or their citizens, shall be wrecked, foundshall then only be permitted to sell so much of ered, or otherwise damaged, the same protection what they had so laded as may be necessary for and assistance shall be given to the persons shipthe repairs of the ship or vessel, and for the pros- wrecked, or such as shall be in danger thereof, or ecution of the voyage.

be otherwise distressed, as would be afforded in Art. 14. The citizens of each party, respect-like cases to the inhabitants of the country on ively, shall have free admission into the domin- whose coast such misfortune may happen ; and ions of the other, with liberty to reside there, to letters of safe conduct shall likewise be given to hire houses and warehouses, for the purposes of them, when required for their free and quiet pastrade and commerce; and complete protection and sage from thence, and their return to their own security for the merchants and traders, citizens of country, either party, with their goods and effects, whether Art. 18. It is likewise agreed that deserters in going to, residing in, or retiring from the do- from the public and private vessels of either naminions, or from one part thereof to another of tion shall be arrested and delivered up, on applithe other, shall be given. It shall be lawful for cation made, according to the orders and regulathem, on either side, to employ such advocates, tion of the government of the place where such attorneys, notaries, solicitors factors, brokers, and deserters shall be, by the Consul, Vice Consul, or interpreters, without being obliged to employ either, agent of the nation of which such deserter may as they shall think proper; and it shall be wholly be a citizen; and suitable provisions shall be made free for all merchants, commanders of ships and by law, in each country, for that purpose; and not vessels, citizens of either party, in every place only the original enlistment, shipping-paper, or subject to the jurisdiction of the other, to direct rôle d'équipage, but a copy or extract, certified to and manage their own affairs and business; and, be conformable to the original, by a judge of the in relation to the loading or unloading of their ves-country in which the vessel may be, or from sels, and everything which has relation thereto, which she may have departed, shall also be adthey shall not be obliged, though they may, if mitted in proof of desertion; and such extract or they please, to employ any persons but those of copy shall have in all the ports of the respective the crew of the vessel.

Powers the same force with the original, for six Art. 15. The ships of the citizens of the re- months: And it is further agreed that the masters spective countries coming upon any of the coasts and commanders of vessels, public or private, of belonging to either of the parties, but not willing one nation, in the country of the other, may ento enter into port, or, being entered into port, and gage and receive on board seamen and others, nanot willing to unlade their cargoes or break bulk, tives or inhabitants of the country to which the shall not be obliged to give an account of their vessels belong: Provided, That, either on one side lading, unless they are suspected, upon sure evi- or the other, they shall not be at liberty to take dence, of carrying prohibited goods, called contra- into their service such of their countrymen (deband, to the enemies of either of the two contract-serters excepted) as may have already engaged in ing parties; but shall be subject, nevertheless, to the service of the other party, whether they meet such regulations in the port as may be prescribed them by land or by sea, unless the captains or by the government of the place.

masters under whose command such persons may Art. 16. In case the citizens of either party, be found will voluntarily discharge them from with their shipping. whether they be public, and their service. equipped for war, or private, and employed in Art. 19. Neither of the said parties shall percommerce, be forced, through stress of weather, mit the ships or goods belonging to the citizens of pursuit of pirates or enemies, or any other urgent the other to be taken within cannon-shot of the necessity for seeking of shelter and harbor, to re- coast, nor in any of the bays, ports, or rivers of tract and enter into any of the rivers,creeks, bays, I their territories, by ships of war, or others having

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