Relations with France.

misunderstanding, can only be considered as a consequence of the interpretation which, by common consent, shall be given to ancient treaties, as a proof of a sincere return to the primitive relations of the two nations, and as a pledge for the oblivion of those events by which the former relations have been disturbed.

The communication of this project, by the Ministers of the United States, has, therefore, a tendency to remove the obstacles which lie in the way between the object to which it is proposed to arrive and the principles with which it is proper

to set out.

misunderstanding has arisen; and upon these acts it seems proper that union and friendship should be re-established.

In hastening to recognise the principle of compensation, it was the intention of the undersigned to exhibit an unequivocal proof of the fidelity of France to her ancient engagements; all pecuniary stipulations appearing to her proper as results from ancient treaties, not as preliminaries to a new one. The undersigned pray, &c. BONAPARTE,

FLEURIEU,
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 the Government desires to remove the causes of irritation which have heretofore existed.

rected.

The Ministers, respectively, are also agreed on the expediency of providing a suitable indemnity. The discussion, then, is now restricted to two points, viz: 1st. What are the principles which ought to have governed, and which ought still to govern, the political and commercial relations of the two nations? 2d. What is the mode, the best adapted to their respective interests, by which the ascertained indemnities shall be liquidated and discharged?

The examination of the principles ought to precede the consideration of the mode of indemnification: since, on the one hand, an indemnity cannot result except from an admitted contravention of an acknowledged obligation; and, on the other, it is only an agreement founded upon principles that can insure peace and maintain friendship.

The Ministers of the French Republic would, for this reason, have seized the present moment to develop their views respecting the various interpretations which, for years past, have been given to the treaties, if, upon reading the 2d article of the project which has been submitted, they had not been struck with an interpretation of which they can conceive neither the cause nor the object, and which, therefore, seems to require explanation. The words which contain it relate to the arbitrators to be appointed for the liquidation of damages. They shall decide (says the project) the claims in question, according to the original merits of the several cases, and according to justice, equity, and the law of nations; and, in all cases of complaint, existing prior to the 7th July, 1798, according to the treaties and consular convention then existing between France and the United States."

The Ministers Plenipotentiary of the French Republic are not aware of any reason which can authorize a distinction between the time prior to the 7th of July, 1798, and the time subsequent to that date, in order to apply the stipulations of treaties to the damages which have arisen during the first period, and only the principles of the laws of nations to those which have occurred during the

second.

The commission of the Ministers Plenipotentiry of the French Republic has designated the Treaty of Alliance, and of Friendship and Commerce, and the Consular Convention, as the sole basis of their negotiations. Upon these acts the

MAY 7.

A conference was held to-day for the purpose of agreeing upon the draught of answer; and, as the French Ministers had acceded to the general proposition of mutual compensation and indemnity, in their note of the 19th Germinal, (9th of their note of the 16th Floreal, (6th of May,) conApril,) and had again recognised the principle in nected with certain discussions, and the ulterior adjustment of the existing differences in a treaty, the Envoys were of opinion that they would facilitate the arrangements as to the preliminary object, and avoid the waste of time, in the discussion tire project of a treaty which they had then preof general abstract principles, by sending the enpared. By these means, they hoped to fix the attention of the French Ministers to the real objects of difference, and press the business forward with a degree of certainty that would mark the progress of the negotiation; and, therefore, the next day. the 8th of May, forwarded the answer which follows, of that date, accompanied by the remaining part of their project of a treaty, from article 7 to article 36, inclusive:

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

PARIS, May 8, 1800. CITIZENS MINISTERS: The undersigned have been honored with your note of the 16th of Floreal. They readily assign the reason why it was proposed by them that the treaties and consular convention, made between France and the United States, should be the rule of decision on the claims of their respective citizens, only with respect to causes of complaint which arose prior to the 7th July, 1798, leaving their subsequent causes of complaint to rest upon the law of nations; and also the reason why they cannot regard those treaties as the basis of the present negotiation for any other purpose than that of giving a rule by which causes of complaint, prior to the period above mentioned, are to be tested.

It was not till after the Treaty of Amity and Commerce, of February, 1778, had been violated 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 priorities, and they do not possess them.

The undersigned deem it unnecessary at present to enumerate the acts of the French Government which produced the above measure. The principles of those decrees are as well understood, and now as fully acknowledged, as the mischiefs they have generated: and, as the object of this negotíation is to produce the reconciliation, and to cement the ancient friendship of the two nations, such a painful recapitulation would, at this time, answer no valuable purpose. They are, therefore, still of opinion that the views of the respective Ministers should be directed to the object of terminating their differences in such a manner as, without a specific and detailed discussion on the merits of the respective complaints, might, by the adoption of plain and acknowledged principles of justice, produce mutual satisfaction and a permanent good understanding.

The undersigned recognise the principle that a right to indemnification can result only from the violation of a known obligation; and they conceive it to be equally incontrovertible that the law of nations constitutes such an obligation where treaties do not exist. They have not understood that the principle of compensation, proposed by them, was admitted without a supposition that the other points would be satisfactorily arranged; yet they trust that satisfying the demands of justice will always be considered as the wisest of political expedients.

The questions what are to be the political, and what the commercial relations of the two countries, have had the consideration, so far as the undersigned have been able to bestow it, which questions of such high and extensive import de

For an answer to the other question, what is to be the commercial relation of the two nations, the undersigned refer particularly to the thirteenth article of their project, which they have endeavored to accommodate, not only to the existing circumstances, but to the future hopes of both nations.

It is seen that this article goes further than the colonial and monopolizing systems of Europe have admitted an experiment of; but it is hoped that the period approaches when nations will cease to interpose those barriers and restraints upon commerce, which, besides checking industry and enterprise, diminish the value of everything they have to sell, and enhance the price of everything they purchase.

As to an unembarrassed intercourse between the United States and French West India islands, in particular, nothing could more happily, or perhaps more justly, efface from the recollection of the former their sufferings in that quarter; and certainly nothing would sooner restore the latter to productiveness and utility. They need only, in addition to order, facility of supplies and sales for a few years for their complete re-establishment, and even to carry them to a height of prosperity which the neighboring islands could not rival.

Reserving to the Republic, exclusively, her coasting trade, and the direct trade between France and her colonies, and to the United States their coasting trade, and leaving each nation to encourage also, by a reduction of duties to a limited extent, the use of their own ships, is presumed sufficient so to raise the marines of both, (which, fortunately, can rise without being objects of mutual jealousy,) as to insure a reasonable share of the privileges of the ocean.

And, lastly, it will not be an objection to this article, that, while it proposes to invigorate the commerce of France, it promises also extension and activity to that of the United States; because, it is well understood, that every depression which the commerce of the latter feels, and every risk to which it is subjected, profit only the enemies of the former, by augmenting their carrying trade, and increasing their naval power.

With this note, the undersigned have the honor

Relations with France.

ART. 7. All citizens and inhabitants of either nation, detained within the jurisdiction of the other, for any cause, except for debt or crimes committed within the same, shall be immediately set at liberty. All ships of war, or other public ships, which either nation has taken from the other, and detains, shall be given up; or where that cannot without difficulty be done, the full value shall be restored; and the value, if not agreed between the parties, shall be ascertained by the Commissioners mentioned in the second

article.

tate or goods so fallen to such minors; and, in general, in relation to such estate and goods, use all the rights and fulfil all the functions which belong by the disposition of the laws to such guardian, tutor, curator, or executor. The inheritances, as well as the goods and effects which the said citizens or inhabitants, in changing their abode, shall be desirous of removing from the place of their abode, shall be exempted, with respect to each, from all duty whatever. But it is at the same time agreed, that this article shall in no manner derogate from the laws which either State may have now in force, or may hereafter enact, to prevent emigration. Provided, also, that if the laws of either country should at any time be incompatible with the inheritance or devise of real estate by and to aliens, it is agreed that such real estate may be sold, or otherwise disposed of to citizens or inhabitants of the country where it may be.

ÁRT. 9. Neither the debts due from individuals of the one nation to individuals of the other, nor shares, nor moneys which they may have in public funds, or in the public or private banks, shall ever, in any event of war, or national difference, be sequestered or confiscated.

ART. 10. And whereas, debtors may flee from the territories of one of the contracting parties to those of the other, it is agreed that the creditors. being citizens or inhabitants of either nation, may pursue such debtors, whether they be citizens or inhabitants, or not, of either country, and shall have the benefit of the laws of the country to which such debtors may flee, on the one side and on the other, in the same manner as if the debt or cause of action had arisen or been therein con

And it is further agreed that, if the armed ships of the United States have retaken and set free from the ships of war or other public ships of the French Republic, any prizes which they had captured from her enemies, the United States will make compensation to the French Republic for the prizes so liberated. Claims for the same may be preferred to the said Commissioners, who shall decide them according to justice and equity; and any sum or sums which they may award in satisfaction of such claims, the Government of the United States will cause to be paid, or secured in the 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 GovFrench 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, comART. 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- dence 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 moveables, 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; nor shall tant, may direct, administer, and alienate the es- their effects, much less their persons, be seized

Relations with France.

during such term of six months; on the contrary. passports, which shall be valid for a time necessary for their return, shall be given to them for their vessels and the effects which they shall be willing to send away or carry with them; and such passports shall be a safe conduct against all insults and prizes, which privateers may attempt against their persons or effects. And if anything be taken from them, or any injury done to them or their effects by one of the parties, their citizens, or inhabitants, within the time above prescribed, full satisfaction shall be made to them on that account.

ART. 13. And for the purpose of more effectually maintaining a good correspondence, and facilitating commerce between the citizens of the two nations, it is agreed, on the part of the United States, that the merchant ships and vessels of the French Republic may freely enter, lade and unlade, at such convenient port or ports in each of the United States situate on the ocean, as shall for that purpose be designated by the laws of the United States, and until such designation shall be made, at any of the ports of the same where foreign ships and vessels are now permitted to enter; and may, at all times, enter, lade, and unlade at any port in the said States, at which ships and vessels of the most favored nation shall be permitted to do the same.

in the ships and vessels of the French Republic, as shall be paid on teas imported in the ships and vessels of the most favored nation.

The ships and vessels of the French Republic shall be permitted, when it shall be convenient for them, both to lade and unlade by parcels, at different ports in the United States, conforming to such regulations as the laws of the country shall prescribe to prevent frauds in the revenue. But they shall not unlade in any port of the United States what they have laded in any other port of the same, except in cases of distress, and shall then only be permitted to sell so much of what they have laded, as may be necessary for the repairs of the ship or vessel, and the prosecution of the voyage.

And it is also agreed, on the part of the French Republic, that the merchant ships and vessels of the United States may freely enter, lade, and unlade at such convenient port or ports in every part of the territories or dominions of the French Republic in any quarter of the world, as shall, for that purpose, be designated by the laws of the Republic; and until such designation shall be made, at all the ports in the said territories or dominions where the ships or vessels of the French Republic are now permitted to enter from the sea; and they may at all times enter, lade, and unlade 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 manufacture, growth, or produce of any part of the territories or dominions of the French Republic, or of the produce of her fisheries, and also all merchandises of the manufacture, growth, or produce of any foreign country or place, the importation of which shall not be prohibited in ships and vessels of the United States; and they may export in such ships and vessels to any country or place out of the United States, all merchandises, the exportation of which shall not be prohibited in ships and vessels of the United States. There shall be paid on such ships and vessels in the ports of the United States, no other or higher duty than shall be paid on the ships and vessels of the most favored nation, nor any other or higher duty than a tonnage duty, not exceeding fifty cents per ton of the ship or vessel; and such duties or fees, on papers obtained from any office of the port, as the citizens of the United States shall pay in like

cases.

The citizens of the United States may import, in such ships or vessels, to every part of the said territories or dominions, and freely dispose of all merchandises, without exception, of the manufacture, growth, or produce of the United States, and of the produce of their fisheries; and also alí merchandises of the manufacture, growth, or produce of any foreign country or place, the importation of which shall not be prohibited in ships and vessels of the French Republic. And they may export in such ships and vessels, from every part of the said territories or dominions, to any country or place out of the same, all merchandises whatever, the exportation of which shall not be prohibited in ships and vessels of the said Republic.

fees on papers obtained from any office of the port as the citizens of the French Republic shall pay in like cases.

There shall not be paid on such ships and vessels, in any port in the territories or dominions of the French Republic, any other or higher duty 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 higher duty than a tonnage duty 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 on the importation in such ships and vessels, of any merchandise, than the most favored nation shall pay in like cases; nor any other or higher duty than shall be paid on the importation of like merchandise in the ships and vessels of the United States; except that there may be exacted a duty less, by any proportion not exceeding oneeleventh part, on importations in their own ships and vessels than on importations in any other ships or vessels whatever; and except, also, that there may be exacted such duties on teas imported 6th CoN.-37

No duties shall be paid on the exportation in such ships and vessels from any port in the said territories or dominions of any merchandise whatever; nor shall any other or higher duty be paid on the importation in such ships and vessels, to any part of the said territories or dominions, of any merchandise whatever, than the most favored nation shall pay in like cases; nor any other or higher duty than shall be paid on the importation

Relations with France.

of like merchandises in ships and vessels of the French Republic, except that there may be exacted a duty less, by any proportion not exceeding one-eleventh part, on importations in ships and vessels of the said Republic, than on importations in any other ships and vessels whatever; and except, also, that there may be exacted such duties on teas imported in ships and vessels of the United States as shall be paid on teas imported in the ships and vessels of the most favored nation. The ships and vessels of the United States shall be permitted, when it shall be convenient for them, both to lade and unlade, by parcels, in different ports throughout the territories or dominions of the French Republic, conforming to such regulations as the laws of the country shall prescribe to prevent frauds in the revenue; but they shall not unlade in any port within the said territories or dominions what they have laded at any other port within the same, except in cases of distress; and shall then only be permitted to sell so much of what they had so laded as may be necessary for the repairs of the ship or vessel, and for the prosecution of the voyage.

ports, roads, or shores belonging to the other party, they shall be received with all humanity and kindness, and enjoy all friendly protection and help; and they shall be permitted to refresh and provide themselves, at reasonable rates, with victuals, and all things needful for the sustenance of their persons, or reparation of their ships; and they shall be allowed to break bulk, and unlade and sell, conformably to the orders and regulations of the government of the place, so much of the cargo as may be necessary to defray their expenses, without being obliged to pay any duties whatever, except only on such articles as they may be permitted to sell for the purposes aforesaid; and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance.

whose coast such misfortune may happen; and letters of safe conduct shall likewise be given to them, when required, for their free and quiet passage from thence, and their return to their own country.

ART. 17. If any ship belonging to either of the parties, or their citizens, shall be wrecked, foundered, or otherwise damaged, the same protection and assistance shall be given to the persons shipwrecked, or such as shall be in danger thereof, or 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 dominions of the other, with liberty to reside there, to hire houses and warehouses, for the purposes of trade and commerce; and complete protection and security for the merchants and traders, citizens of either party, with their goods and effects, whether in going to, residing in, or retiring from the dominions, or from one part thereof to another of the other, shall be given. It shall be lawful for them, on either side, to employ such advocates, attorneys, notaries, solicitors factors, brokers, and interpreters, without being obliged to employ either, as they shall think proper; and it shall be wholly free for all merchants, commanders of ships and vessels, citizens of either party, in every place subject to the jurisdiction of the other, to direct and manage their own affairs and business; and, in relation to the loading or unloading of their vessels, and everything which has relation thereto, they shall not be obliged, though they may, if they please, to employ any persons but those of the crew of the vessel.

ART. 15. The ships of the citizens of the respective countries coming upon any of the coasts belonging to either of the parties, but not willing to enter into port, or, being entered into port, and not willing to unlade their cargoes or break bulk, shall not be obliged to give an account of their lading, unless they are suspected, upon sure evidence, of carrying prohibited goods, called contraband, to the enemies of either of the two contracting parties; but shall be subject, nevertheless, to such regulations in the port as may be prescribed by the government of the place.

ART. 16. In case the citizens of either party, with their shipping. whether they be public, and equipped for war, or private, and employed in commerce, be forced, through stress of weather, pursuit of pirates or enemies, or any other urgent necessity for seeking of shelter and harbor, to retract and enter into any of the rivers, creeks, bays,

ART. 18. It is likewise agreed that deserters from the public and private vessels of either nation shall be arrested and delivered up, on application made, according to the orders and regulation of the government of the place where such deserters shall be, by the Consul, Vice Consul, or agent of the nation of which such deserter may be a citizen; and suitable provisions shall be made by law, in each country, for that purpose; and not only the original enlistment, shipping-paper, or rôle d'équipage, but a copy or extract, certified to be conformable to the original, by a judge of the country in which the vessel may be, or from which she may have departed, shall also be admitted in proof of desertion; and such extract or copy shall have in all the ports of the respective Powers the same force with the original, for six months: And it is further agreed that the masters and commanders of vessels, public or private, of one nation, in the country of the other, may engage and receive on board seamen and others, natives or inhabitants of the country to which the vessels belong: Provided, That, either on one side or the other, they shall not be at liberty to take into their service such of their countrymen (deserters excepted) as may have already engaged in the service of the other party, whether they meet them by land or by sea, unless the captains or masters under whose command such persons may be found will voluntarily discharge them from their service.

ART. 19. Neither of the said parties shall permit the ships or goods belonging to the citizens of the other to be taken within cannon-shot of the coast, nor in any of the bays, ports, or rivers of their territories, by ships of war, or others having