Relations with France. he assured me, that having once only met Thomas Paine, at the house of a third person, he found him so prejudiced against the United States, and so opinionative, with respect to an influence he neither possesses among them nor us, that he abstained from conversing any more with him. Moreover, to cut short all misunderstanding, I en the experiment he proposes to make on agriculture, and to return home. As to Mr. Hitchborn, of Massachusetts, I was even ignorant till now that he was in Europe. A single word will suffice for the rest. We want nothing but justice on the part of the United States; we ask it; we offer it to their Government: it may depend upon the candor of the Executive Directory. investing with his powers some one who was in Europe; far less that the Envoy should land directly in France, instead of announcing it in a neighboring country. I wished merely to say, that the Executive Directory was so decided for a reconciliation, that all tampering would be superfluous, that an act of confidence in it would excite its own. I should be very badly under-gaged Dr. Logan to postpone, till another time, stood, if there should be found in my expressions a restriction on the nature of the choice which the President might make. I wished to encourage Mr. Gerry, by testimonies of regard, that his good intentions merited; although I could not dissemble that he wanted decision, at a moment when he might have easily adjusted every thing. It does not thence follow that I designated him. I will even avow that I think him too irresolute to be fit to hasten the conclusion of an affair of this kind. The advantages which I prized in him are common to all Americans who have not manifested a predilection for England. Can it be believed that a man who should profess a hatred or contempt of the French Republic, or should manifest himself the advocate of royalty, can inspire the Directory with a favorable opinion of the dispositions of the Government of the United States? I should have disguised the truth, if I had left this matter ambiguous. It is not to wound the independence of that Government, to point out a sincere friend of peace the shoals he ought to avoid. You will not doubt, citizen, that I approve of the communications which your zeal has caused you to seek with Mr. M., since I enabled you to resume them with official elucidations, &c. CH. MAU. TALLEYRAND. without the French original.] [This letter was received from Mr. Murray, The Minister of Exterior Relations to Citizen Pichon, Secretary of Legation of the French Republic, near the Batavian Republic. PARIS, the 7th Vendemiaire, (Sept. 28, 1798,) 7th year of the French Republic, one and indivisible. As to the mediation of the Batavian Republic, and of Spain, I do not know that there is any se- I have received successively, citizen, your letrious question about it, and it appears to me abso-ters of the 22d and 27th Fructidor, (8th and 13th lutely useless. The United States might hesitate in the present state of things, to refer themselves to their impartiality, and besides, I perceive no subject which may not be arranged directly. of September.) They give me more and more cause to be pleased with the measures you have adopted to detail to me your conversations with Mr. Murray; those conversations, at first merely I know that the distance which separates France friendly, have acquired a consistency, by my sancand the United States opens a vast field for inci- tion, transmitted to you on the 11th Fructidor, dents, and there have been but too many of them. (28th of August.) I do not regret that you have But the Executive Directory is unshaken in the trusted to Mr. Murray's honor a copy of my letconduct which may best obviate them. The ex- It was intended only for you; and it concess even of provocations has deadened their ef- tains nothing but what is conformable to the Govfect. The Government of the United States sur-ernment's intention. I am fully convinced that rounds itself with precautions against an imaginary attack. To stretch the hand to deluded friends, is what one Republic owes to another, and I cannot doubt that the dignity of that attitude will convince the President of our pacific intentions. ter. should explanations once take place with confidence between the two Cabinets, irritation would cease, a number of misunderstandings would disappear, and the ties of friendship would be more strongly united, as both parties would be made The two Governments ought, above all, to be sensible what hand had attempted to disunite attentive to indirect attempts to alienate them still them. But I do not conceal from you that your more. Their prudence will secure this object, letter of the 2d and 3d Vendemiaire, (23d and 24th and I shall cite but one example of it. You have of September,) this moment arrived, surprises me told Mr. Murray the truth respecting Dr. Logan. much. What Mr. Murray is still doubtful of has But I perceive, that on all hands it is attempted been very explicitly declared, before even the Presto produce a belief in America, that we are nego-ident's Message to Congress, of the 3d Messidor, tiating with him. On the 7th of this month, a very insidious paragraph was inserted in the Bien Informe. It is therein intimated that, guided by the citizen Thomas_Paine, Dr. Logan has made application to the Executive Directory, in the character of a secret agent. The doctor has complained bitterly of it to me. He has no need of justifying himself concerning the matter, the falsity of which I know better than anybody; but 6th CoN.-35 (21st of June,) was known in France. I had written it to Mr. Gerry, namely, on the 26th Messidor, (12th of July,) and 4th Thermidor, (July 22d.) I repeated it to him before he set off. A whole paragraph of my letter to you, of the 11th Fructidor, (28th of August,) of which Mr. Murray has a copy, is devoted to develop still more the fixed determination of the French Government. According to these bases, you were right Relations with France. to assert that whatever Plenipotentiary the Gov-powers to discuss and settle by treaty all controernment of the United States might send to versies between the United States and France: France, in order to terminate the existing differ- But, "that the two former will not embark for ences between the two countries, he would be un- Europe until they have received, from the Execdoubtedly received with the respect due to the utive Directory, direct and unequivocal assuranrepresentative of a free, independent, and power- ces, signified by their Secretary of Foreign Rela ful nation. tions, that the Envoys shall be received in charac shall enjoy all the prerogatives attached to that I cannot persuade myself, citizen, that the Amer-ter to an audience of the Directory, and that they ican Government need any further declaration from us to take the resolution, in order to renew the negotiations; to adopt such measures, as would suggest their wish to bring the differences to a peaceable end. If misunderstandings on both sides have prevented former explanations reaching that end, it is presumable that these misunderstandings You will also be pleased to understand it to be being done away, nothing henceforth will raise the President's opinion, that no more indirect any obstacle to the reciprocal dispositions. The and inofficial communications, written or verbal. President's instructions to his Envoys at Paris, should be held with any persons whatever, agents which I have only been acquainted with, by the on behalf of France, on the subjects of difference copy given to you by Mr. Murray, and by me re- between the United States and the French Received the 21st Messidor, (9th of July,) announce, public. If the French Government really desire if they contain the whole of the American Gov-a settlement of the existing differences, it must ernment's intentions, dispositions which can only add to those the Directory has always entertained'; and notwithstanding the posterior acts of that Government, notwithstanding the irritating and almost hostile measures which they have adopted, the Directory has shown that it persisted in the dispositions consigned as well in my correspondence with Mr. Gerry, as in my letter to you of the 11th Fructidor, and which I have hereinbefore repeated in the most explicit manner. Carry, therefore, citizen, to Mr. Murray these positive expressions, to convince him of our sincerity, and request him to transmit them to his Government. I presume, citizen, this letter will find you at the Hague; if not, I ask it may be sent back to you at Paris. Salute and fraternity. CH. MAU. TALLEYRAND. No. 22. take the course above pointed out, unless the Ex- TIMOTHY PICKERING. THE HAGUE, May 5, 1799. CITIZEN MINISTER: It is with the greatest pleasure that I hasten to fulfil the instructions. which I have just had the honor to receive from the Government of the United States of America. by informing you that the President has appointed Oliver Ellsworth, Chief Justice of the United States, Patrick Henry, late Governor of Virginia, and William Vans Murray, Minister Resident of the United States at the Hague, to be Envoys Extraordinary and Ministers Plenipotentiary of the United States to the French Republic, with full powers to discuss and settle, by a treaty, al controversies between the United States and France; but that the two former (Mr. Ellsworth and Mr. Henry) will not embark for Europe unti they shall have received from the Executive Di rectory direct and unequivocal assurances, signfied by their Minister of Foreign Relations, that the Envoys shall be received in character to an audience of the Directory, and that they shall enjoy all the prerogatives attached to that character by the law of nations, and that a Minister or Ministers of equal powers shall be appointed and commissioned to treat with them. DEPARTMENT OF STATE, Philadelphia, March 6, 1799. SIR: I enclose a commission constituting you, in conjunction with the Chief Justice Ellsworth and Patrick Henry, Esq., of Virginia, Envoys Extraordinary and Ministers Plenipotentiary to the French Republic. By the President's direction I enclose, for your information, copies of his Messages to the Senate of the 18th and 25th of March, by the latter of which you will see the motives inducing the nomination of a commission for the purpose of negotiating with France, instead of resting the business wholly with you. This will doubtless be agreeable, by relieving you I request you, Citizen Minister, to lay this subfrom the weight of a sole responsibility in an af-ject before your Government, and, as the distance fair of such magnitude. is so great and the obstacles so numerous in an It is the President's desire that you, by letter to Atlantic voyage, that you will favor me, as speedthe French Minister of Foreign Relations, inform ily as possible, with the answer which is to lead him "that Oliver Ellsworth, Chief Justice of the to such happy and important consequences. United States, Patrick Henry, late Governor of Accept, Citizen Minister, the assurances of my Virginia, and yourself, are appointed Envoys Ex-perfect and high esteem. traordinary and Ministers Plenipotentiary of the WM. V. MURRAY. United States to the French Republic, with full | Citizen TALLEYRAND, Minister, &c., Paris. Relations with France. The Hague, May 7, 1799. dinary and Ministers Plenipotentiary of the UniDEAR SIR: On the 4th instant, late in the even-ted States to the French Republic, to discuss and ing, I had the honor to receive your No. 22, containing the commission of Envoys. On the fifth, I addressed, precisely agreeably to your instructions, as I conceived, the enclosed letter to Mr. Talleyrand, the Minister of Exterior Relations. You will perceive, sir, that I did not think myself at liberty to go, not only not out of the commas, but beyond them; in one word alone I deviated, in the word "Minister" instead of "Secretary" of Foreign Relations. No direct nor indirect and inofficial communications written or verbal will be held by me with the French agents on American affairs. I accept the appointment which it has pleased the President to clothe me with, under a grateful sense of the high honor conferred upon me, so unexpectedly, by this mark of his confidence. I may be allowed to say, that though I was deeply sensible of the honor conferred by the first nomination, and shall always, I hope, retain a most grateful recollection of it; yet, sir, the new modification of that nomination gave me great pleasure. Always conceiving, as I thought I did. that any negotiation with France would be full of anxieties and political perils to the Envoys that should be employed by our Government, I had no wishes to be engaged in it, and no expectation that I should be: to have a share in it was by me unsought. You will excuse this declaration, because I was instrumental in certain preliminary steps relative to the advances of France, which produced the basis of the appointment. I sent the original of the enclosed to Mr. Talleyrand by post, another (a copy) to Major Mountflorence, to be handed to him, a third to a Mr. Griffith for Major M. in case the other failed. to be opened by Mr. G. if Major M. should have been out of Paris, and directed Mr. G. to follow the instructions which he would find in the letter to Major M. which were to deliver the enclosed to Mr. Talleyrand and take his letter, answer for me, and to send it to me As soon as I have the answer of the Directory, I shall have the honor of transmitting copies to you, sir, by different ways. I am, with the greatest respect, &c., WM. V. MURRAY. The Minister of Exterior Relations to Mr. William PARIS, 23d Floreal, (May 12, 1799,) I augur too well, sir, from the eagerness you display in fulfilling the instructions of your Government, not to hasten to answer the letter I received from you dated the 15th of this month. The Executive Directory being informed of the nomination of Mr. Oliver Ellsworth, of Mr. Patrick Henry, and of yourself, as Envoys Extraor terminate all differences which subsist between the two countries, sees, with pleasure, that its perseverance in pacific sentiments has kept open the way to an approaching reconciliation. It has a long time ago manifested its intentions with respect to this subject. Be pleased to transmit to your colleagues, and accept for yourself, the frank and explicit assurance that it will receive the Envoys in the official character with which they are invested; that they shall enjoy all the prerogatives which are attached to it by the law of nations, and that one or more Ministers shall be duly au thorized to treat with them. It was certainly unnecessary to suffer so many months to elapse for the mere confirmation of what I have already declared to Mr. Gerry, and which after his departure I declared to you at the Hague. I sincerely regret that your two coileagues await this answer at such a great distance. As to you, sir, whom it will reach in a few days, and who understand so well the value of time, when the restoration of harmony between the two Republics, which everything invites to friendship, is in question, be assured, that as soon as you can take in hand the object of your mission, I shall have the honor immediately to send you passports. Accept, sir, the assurances of my very sincere consideration, CH. MAU. TALLEYRAND. [Reported to the House of Reps., Feb. 14, 1800.] The Committee of Commerce and Manufac tures beg leave to report, on the subject of the suspension of the commercial intercourse between the United States and France, that the laws which have been enacted for that purpose have been, as far as appears to the committee, faithfully executed in all respects depending on the care of the officers of the United States. It is but too probable, however, that individuals, engaged in pursuit of private commercial advantages, and regardless of the public welfare, have evaded, in many instances, the provisions of those laws. Some observations from the Secretary of the Treasury relative to these practices, and a detail of the cases, which, under the sixth section of the last act of Congress, prohibiting commercial intercourse with France, have been transmitted to that department, are herewith submitted. The committee, being of opinion that it is expedient further to suspend all commercial intercourse between the United States and France, have prepared a bill for that purpose, which is also submitted, and, in the opinion of the committee, ought to be enacted without delay. TREASURY DEPARTMENT, Jan. 23, 1800. SIR: I have the honor to enclose a statement of all the cases which have been transmitted to this department for decision, pursuant to the act of Congress passed on the 9th of February, 1799, entitled "An act further to suspend the commer Relations with France. cial intercourse between the United States, and France and the dependencies thereof." employed between the neutral French ports have been generally covered as Danish property. Although this statement contains the substance of the information desired by the committee, and particularly in what manner the power granted by the sixth section of the act has been exercised, yet it may be useful to observe, that the law of Congress passed on the 13th of June, 1798, which imposed the first restrictions on commercial intercourse with France, was, by this department, understood to declare the following principles, by which the conduct of the collectors of the cus-ble to continue the provision for removing French toms has accordingly been governed. 1st. That all exports to France or her dependencies were prohibited after the 1st day of July, 1798, except the goods and effects of Frenchmen residing in the United States, and about to depart in vessels with permits from the President of the United States. 3d. Although vessels which have been employed in transporting French citizens and their property from the United States have been carefully restricted by instructions, and by the customhouse inspection, from transporting merchandise on account of persons resident in the United States, yet there is reason to suspect that the intentions of the Government have in some instances been evaded. In case it shall be deemed reasonacitizens and their property, precise regulations for preventing the vessels from being employed in commerce will be highly necessary. 4th. Vessels have been carried to the vicinity of French ports, where, as is believed, they have been captured by French privateers, in consequence of preconcerted arrangements: other vessels have entered French ports, on pretence of distress. Although the vessels have in many instances been liberated, yet the cargoes have been 2d. That the entry of vessels bona fide the property of citizens of the United States, or employed by them, and having on board property of such citizens only, was lawful until the 1st day of De-detained by order of Government. In some cases cember, 1798, and no longer. Although the true interpretation of the law cannot be considered as finally settled by judicial decisions, yet, as diversities of opinion are known to exist, it is desirable that the sense of the Legisla ture may be ascertained upon the following points, in case the restrictions upon commerce with France shall be continued after the 3d day of March ensuing, 1st. Whether the restrictions shall extend to any except French and American vessels? 2d. Whether trade through a neutral country, by means of a mutual agent of persons residing in the dominions of France and the United States, shall be lawful? 3d. Whether cartel vessels, with passports of the President of the United States, authorizing the departure of French citizens and their effects, shall be exempted from the restrictions imposed on other vessels? 4th. Whether vessels which may be captured or driven by distress into French ports, the cargoes of which may be seized or detained by the French Government, shall be allowed to receive merchandise or produce in exchange, or compensation for the cargoes so seized or detained. The following practices have been discovered, and may be expected to increase, in case the law shall not provide a competent remedy. the masters or owners have been permitted to purchase return cargoes; latterly, to strengthen the plea for being admitted to entry in the United States, it has been represented that the masters have been compelled to receive cargoes on board their vessels. The cases of vessels which have been reported as having been captured by privateers, or driven into French ports in distress, have been attended representations have, doubtless, been fair and corwith particular difficulty. In some instances the collusive and fraudulent. The protests and other rect; but in others they have unquestionably been papers usually produced by masters of vessels could not, however, furnish the means of a just discrimination. abuse which must continue to increase, but by No effectual remedy is perceived against an declaring importations from French ports to be unlawful in all cases whatever, without excepting French ports in distress. The capture or arrival those of vessels really captured or driven into in distress may be involuntary, and, therefore, not illegal; but the purchase of a new cargo. or any purchase whatever, except of necessaries to enable the captured persons to return to their own country, ought, as is believed, to be declared unlawful. It may be said that such a regulation would be odious and severe; that it would be cruel to oblige men to suffer unnecessary losses, or to abandon their property to great risks when an equivalent was offered. Admitting these objections to have some force, yet it may be observed, with equal truth, that the act prohibiting commercial intercourse ought to be considered, in connexion with 1st. American citizens have proceeded to the island of St. Thomas, and have there obtained certificates of naturalization for themselves and their vessels; with such vessels a direct trade between the United States and French ports has been attempted to be prosecuted in the same man-other measures, as constituting a part of the sysner as before the low was passed. 28. Agents for commercial houses have been established in the island of St. Thomas, and other neutral places, to whom the productions of the United States have been consigned; these productions have been shipped from thence in other American vessels for French ports. The vessels tem of resistance adopted by the United States; that, prior to the adoption of this system, our ves sels were captured and condemned indiscrimi nately; that the suspension of commerce is a measure which, if well executed. must powerfully influence the conduct of the French colonies; that no system of resistance can be executed without Relations with France. exposing our citizens to some losses; that it is impossible to distinguish cases of real capture or distress from those which are fictitious; that many of our citizens will not make reasonable efforts to avoid being captured or entering French ports, if they find themselves exempted from every loss and inconvenience; that the plea of forcible ex-made with two different Powers, the more anchange cannot be admitted without permitting the French Government virtually to repeal our laws by means of their own internal regulations; and that, if the United States refuse to submit to an insidious policy, and some of our citizens suffer losses, it is against the French and not the American Government that their complaints ought to be directed. I have the honor to be, with great respect, sir, your most obedient servant, OLIVER WOLCOTT. Hon. SAMUEL SMITH, Esq. The reasoning in the letter of our late Envoys to France is so fully supported by the writers on the law of nations, particularly by Vattel, as well as by his great masters, Grotius and Puffendorf, that nothing is left to be desired to settle the point that, if there be a collision between two treaties, cient has the advantage; for no engagement contrary to it can be entered into in the treaty afterwards made, and, if this last be found, in any case, incompatible with the more ancient one, its execution is considered as impossible, because the person promising had not the power of acting contrary to his antecedent engagement. Although our right is very clear to negotiate treaties according to our own ideas of right and justice, honor and good faith, yet it must always be a satisfaction to know, that the judgments of other nations, with whom we have connexion, coincide Chairman of the Committee of Commerce, &c. with ours, and that we have no reason to appre hend that any disagreeable questions and discussions are likely to arise. The letters from Mr. King will, therefore, be read by the Senate with particular satisfaction. The inconveniences to public officers, and the mischiefs to the public, arising from the publication of the despatches of Ministers abroad are so numerous, and so obvious, that I request of the Senate that these papers, especially the letters from Mr. King, be considered in close confidence. JOHN ADAMS. Convention between the French Republic and the The Premier Consul of the French Republic, in the name of the people of France, and the Pre[The following Messages, with the accompanying docu-sident of the United States of America, equally ments, relating to the same subject, were also trans-desirous to terminate the differences which have mitted to the Senate.] arisen between the two States, have respectively appointed their Plenipotentiaries, and given them full powers to treat upon those differences and to terminate the same, that is to say: the Premier Consul of the French Republic, in the name of the people of France, has appointed for the Plenipotentiary of the said Republic, the citizens Joseph Bonaparte, ex-ambassador at Rome and Counsellor of State; Charles Pierre Claret Fleurieu, member of the National Institute, and of the Board of Longitude of France, and Counsellor of State, President of the Section of the Marine; and Pierrie Louis Roederer, member of the National Institute of France, and Counsellor of State, President of the Section of the Interior. And the President of the United States of America, by and with the advice and consent of the Senate of the said States, has appointed for their Plenipotentiaries, Oliver Ellsworth, Chief Justice of the United States, William Richardson Davie, late Governor of the State of North Carolina, and William Vans Murray, Minister Resident of the United States at the Hague; who, after having exchanged their full powers, and after full and mature discussion of the respective interests, have agreed on the following articles: ARTICLE 1. There shall be a firm, inviolable, |