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Relations with France.
ciate in the war, and there adjudicated by the there is a subject on which to operate. The other regular tribunals. The French have conducted articles of the treaty should terminate in ten or their prizes into neutral as well as belligerent twelve years; a period as long as they will be ports; and, when there was no Consul to try and likely to be mutually satisfactory. condemn, leaving there the prizes, they have car- ! The following points are to be considered as ried the papers to a distant place to find a French ultim ed: tribunal; and there, in the absence of the cap- 1. That an article be inserted for establishing a tured party, procured sentences of condern nation, board, with suitable powers, to hear and deterand sold the prizes. The same mode of obtain- mine the claims of our citizens, for the causes ing condemnation has been uniformly practised herein before expressed, and binding France to pay when they carried their prizes into the ports of or secure payment of the sums which shall be an associate in the present war. But, without awarded. waiting for the result of this farcical trial, it has 2. That the treaties and consular convention, been common to unlade and sell the cargoes as declared to be no longer obligatory by act of Consoon as they reached a port.
gress, be not in whole or in pari revived by the An unreasonable burden is imposed on the cap- new treaty; but that all the engagements, to which tured, in requiring them, if they think proper to the United States are to become parties, be speappeal to a higher tribunal, to find sureties in large cified in the new treaty. penalties, which, as strangers, it is impossible to 3. That no guaranty of the whole or any part procure. This evil demands redress.
of the dominions of France be stipulated, nor any The crews are often stripped of their property, engagement made, in the nature of an alliance. and even of their clothes, and turned ashore with- 4. That no aid or loan be promised in any form out money or provisions. Such inhuman pillage whatever. is disgraceful to the nation which permits, or does 5. That no engagement be made inconsistent not, by adequate punishments, restrain it. The with the obligations of any prior treaty; and, as masters, supercargoes, other officers and seamen, it may respect our Treaty with Great Britain, the should be allowed certain sums; the former to em- instruction berein marked XXI, is to be particuploy counsel to support their claims to the prop- larly observed. erty captured, and also for their subsistence; and 6. That no stipulation be made granting powthe seamen might have an adequate allowance of ers to Consuls or others, under color of which trigood provisions until they could find vessels re-bunals can be established within our jurisdiction, turning to their own country. To admit masters or personal privileges be claimed by Frenchmen, and su percargoes into the courts to defend the incompatible with the complete sovereignty of the property captured, when they have been pre- United States in matters of policy, commerce, and viously stripped of their money, and all means of Government. providing the legal assistance essential to a right 7. That the duration of the proposed treaty be defence, is to tantalize with the semblance of jus- limited to twelve years, at furthest, from the day tice, while the substance is denied.
of the exchange of the ratifications, with the exXXVIII. If vessels of either party sail for a ceptions respecting its permanence in certain cases, place actually blockaded by the other, without a specified under the instruction marked XXX. previous knowledge of the blockade, every such
TIMOTHY PICKERING. vessel may be turned away, but not detained, nor DEPARTMENT OF STATE, Oct. 22, 1799. her cargo, if not enemy's property, nor contraband, be confiscated, unless, after notice, she shall again attempt to enter. Nor should any vessel List of books and papers, delivered to Governor Davie that may have entered prior to the blockade, be
for the use of the Envoys to the French Republic. restrained from quitting such place with her re- 1. Chalmers's collection of Treaties between turn cargo; nor, if found there after the reduction Great Britain and other Powers, 2 vols. of the place, should they be liable to any injury. 2. Complete copy of the Laws of the United
XXIX. If a war should break out between the States, 4 vols. two nations, six months after the proclamation 3. Correspondence between Mr. Jefferson, Secthereof may be allowed to the merchants and retary of State, and the French Minister, Mr. Geothers of each nation, residing in the dominions net, 1 vol. of the other, for selling and transporting their 4. Letter from T. Pickering, Secretary of State, goods and merchandise. And if, during that term, dated January 16, 1797. to General Pinckney, Minany thing be taken from them, or injury done ister from the United States to the French Rethem, by either party, or the citizens or subjects public, with an appendix, containing correspondof either party, full satisfaction should be made. ences with the French Ministers, Fauchet and
XXX. The articles of the treaty which you Adet, 1 vol. may conclude, as far as they respect compensa- 5. Documents (including General Pinckney's tion and payment for past injuries and contracts, information of his mission) laid before Congress, should be permanent, until the objects thereof be the 16th of May, 1797, 1 pamphlet. fulfilled. So likewise the article to prevent the 6. Instructions to, and proceedings of, the late sequestration or confiscation of debts, and shares Envoys, Pinckney, Marshall, and Gerry, 3 copies, or moneys in the public funds, or in public or pri- 7. Mr. Gerry's letter of October 1, 1798, and ate banks, should endure, while on either side correspondence with M. Talleyrand, 3 copies.
Relations with France.
8. French originals of Mr. Talleyrand's com- enough at that place to form some judgment of munications, 3 copies.
the consequences of that change in the French 9. Report of T. Pickering, Secretary of State, Government. Upon a conference on the 6th of on Mr. Gerry's letter and communication, 3 copies. December, the Envoys resolved on the measures
10. Report of T. Pickering, Secretary of State, detailed in the following letter to the Secretary of on French spoliations, laid before Congress, Feb-State: ruary 27, 1797, 1 copy.
Lisbon, December 7, 1799. 11. Report of further spoliations, received Sep- Sir: We arrived at this place on the 27th ultitember 6, 1798, froin General Pinckney, manu-mo. The late change in France, the circumstanscript.
ces of which we are informed will be fully de 12. Letter dated 12th May, 1799, from M. Tal-tailed in Mr. Smith's despatches, and our desire leyrand to Mr. Murray, containing the assurances. to obtain a more accurate knowledge of the fea
'13. Letter of credence to the French Directory, tures and effects of this revolution before we ensealed with the seal of the United States.
tered that country, would have induced us to land 14. One copy of the letter of credence.
in Holland, where we might join Mr. Murray, 15. Three sets of instructions for negotiating and be in a better situation to govern ourselves by with the French Republic.
circumstances; but Captain Barry apprehends it 16. Form of the passport, or sea-letter, annexed would hazard 'the frigate to attempt any port in to the treaty of February 6, 1798.
Holland at this season of the year; we have, there. 17. Printed sea-letter in four languages, as now fore, determined to sail immediately for L'Orient. used in the United States.
From L'Orient we shall probably proceed to 18. Papers on the affairs of St. Domingo: 1. Paris, if we can be satisfied that our present letLetter from General Toussaint, to the President ters of credence will avail us. You will doubiof the United States, dated November 6, 1798; 2. less consider, sir, of the expediency of sending us, Answer to ditto, from the Secretary of State, with your first despatches, other letters of creMarch 4, 1799 ; 3. Letter of instructions to Ed-dence addressed to the Supreme Executive of ward Stevens, Esq., Consul General, and marked France, or in a manner more particular, which No. 1, March 7, 1799 ; 4. Letter to Edward Ste- may introduce us, if necessary, or sanction the vens, Esq., No. 2, April 20, 1749; 5. Heads of progress we have made. We have the honor. &c., regulations and points understood between the
OLIVER ELLSWORTH, Governments of Great Britain and the United
W. R. DAVIE.
Secretary of State.
Mr. Ellsworth and Mr. Davie, being detained 19. Letter to General Desfourneaux, agent of nine days by contrary winds, sailed on the 21st of the French Directory at Guadaloupe, declaring December for L'Orient; a succession of heavy the terms on which trade might be opened with gales and continued bad weather then rendering that island.
it apparently impracticable to reach that place, 20. Letter of instructions to Samuel Cooper, they authorized Captain Barry to make any port Esq., sent to the Isle of France to propose terms in France or Spain, and arrived at Corunna on for opening trade with that island.
the 16th of January, and the next day sent the 21. Letter from Fulwar Skipwith, late Consul following letter to Ch. M. Talleyrand, Minister of General of the United States at Paris, dated Jan- the Exterior Relations of the French Republic. uary 23, 1799, enclosing a letter from Mr. Tal. by a special courier: leyrand, dated 12th December, 1798, on the rôle
CORUNNA, January 17, 1800. d'équipage.
The undersigned, Envoys Extraordinary and 22. A cipher, for secret correspondence with Ministers Plenipotentiary of the United States of the Department of State.
America to the French Republic, have the honor 23. Personal passports for Judge Ellsworth and to inform you of their arrival at this port, after a Governor Davie.
lapse of ten weeks since their leaving America, 24. Passport for the frigate United States. and the loss of four in a fruitless attempt to get 25. Letter to Judge Ellsworth and Governor from Lisbon (where they touched) to L'Orient. Davie, mentioning the names of Consuls and From hence they will proceed immediately to the agents of the United States in Spain, Portugal, confines of France by land. and France.
As they left the United States early in November, their letters of credence are, of course, ad
dressed to "the Executive Directory of the French Mr. Ellsworth and Mr. Davie sailed from New- Republic.” This circumstance being a matter of port, Rhode Island, on the 31 of November, hav- mere formality, they are induced to suppose that ing agreed to touch at Lisbon, before they made no objection will arise out of it, and that their letany port of France; arrived there on the 27th of ters of credence will have the same effect as they November. Information of the revolution at Paris
ave under an address adapted to the presof the 18th Brumaire had just been received, and ent distribution of the powers of the French Reit was therefore thought expedient to remain long public. Should the Government view this cir
Relations with France.
cumstance in the same light with the undersigned, Captain Barry having received directions from they then request that passports may be granted the Envoys to wait the return of the courier to for them and their suite to Paris, and that they Corunna, in order to take their despatches for the may be forwarded by the courier charged with Government, the following letter was written to these despatches; and also that there may be the Secretary of State: granted, and that you would have the goodness to transmit, together with their letter to him, a like
Burgos, February 10, 1800. passport to William Vans Murray, Esq., at the
Sir: We have the pleasure to enclose to you a Hague, who is joint Envoy Extraordinary and copy of our letter No. 1, dated at Lisbon, and forMinister Plenipotentiary, as before mentioned,
warded from St. Ubes. We were detained in the with them. They pray you, sir, to accept the as
Tagus by contrary winds till the 21st of Decemsurances of their high respect,
ber, when we sailed for L'Orient, under the exOLIVER ELLSWORTH,
pectation of making that port in seven or eight WILLIAM R. DAVIE.
days; but, on the 21th, we encountered a severe MINISTER OF Foreign Relations, &c.
gale, which blew with little intermission until the 2d of January, at which time it was ascertained
that we had drifted as far as latitude 50, and to the The following is the letter forwarded to Wild west of Cape Clear. Observing that Captain Barliam Vans Murray, Esq., mentioned in the above
ry was extremely apprehensive of approaching
any part of the French coast, on the Bay of BisCORUNNA, January 17, 1800. cay, in bad weather, and as so much time had been Dear Sir: We enclose to you a copy of our already lost, we directed him to land us in any note to the Minister of Foreign Relations of the port of France or Spain that he could make with French Republic, from which you will learn our safety and convenience; he thought proper to situation, and the steps we have taken to facilitate choose the port of Corunna, and anchored in the your progress and ours to Paris, where we hope Bay of Ares, a few leagues from that place, on soon to meet you for the accomplishment of a busi- the 11th of January. Being anxious to make the ness which we all have so much at heart. Your necessary preparations for our journey to Paris, letter of credence and your instructions are with and the wind continuing unfavorable for the sail.
With much respect and esteem, we are, dear ing of the frigate to Corunna, we landed at the sir, your obedient servants,
village of Puente d’Eume, and immediately after OLIVER ELLSWORTH, our arrival at Corunna, despatched a courier to
WILLIAM R. DAVIE. Paris, with a letter addressed to the Minister of William Vans Murray, Esq.
Foreign Relations, desiring the necessary passports, (a copy of which is enclosed, marked A.)
covering also a letter to Mr. Murray, a copy of The above Envoys, in pursuance of the plan which (marked B.) you will receive under this which they had adopted of going to Paris by land, enclosure. left Corunna on the 24th of January, and arrived The necessary arrangements were made to meet at Burgos on the 9th of February, where they met the courier at Burgos, or Victoria, and he fortuthe courier returning from Paris, with the follow- nately reached this place yesterday, a few hours ing answer from the Minister of Exterior Rela- before our arrival, charged with the despatches tions:
(marked C.) from Ch. M. Talleyrand, Minister of Paris, 11th Pluviose, (30th January,).
Èxterior Relations, enclosing the passports re8th year of the French Republic. quested in our letter written ai Corunna. GENTLEMEN: I have received the letter dated We regret exceedingly the time that must be at Corunna, which you have done me the honor consumed in a long and tedious journey by land. to write. I regret exceedingly that an unpleasant in the most rigorous and unfavorable season of and protracted voyage has so long delayed your the year; but after the ineffectual attempt to go arrival in France. You are expected with impa- to L'Orient by water, this measure appeared indistience and will be received with warmth. The pensable, notwithstanding any difficulties with form which has been given to your letters of cre
which it might be connected. We expect to leave dence will occasion no obstacle to the opening of this place to-morrow, and flatter ourselves with a negotiation, from which I dare anticipate the the hope of arriving in Paris about the first of happiest results. No time will be lost in trans- March. We have the honor to be, &c., mitting to Mr. Murray the letter intrusted to my
OLIVER ELLSWORTH, care, to which will be added the necessary pass
WILLIAM R. DAVIE. ports. The requisite passports will also be for
Hon. TIMOTHY PICKERING, warded to you. Agreeably to your desire, I con
Secretary of State. fide this packet to the courier whom you have despatched.
The Envoys set out from Burgos on the 11th Receive, gentlemen, the assurance of my high of February, and, taking the route by Bayonne, consideration.
arrived in Paris on the 2d of March, where Mr. CH. MAU. TALLEYRAND.
Murray had also arrived the preceding day. Messrs. Ellsworth and Davie,
The following was delivered by Mr. Murray, Envoys, fc., of the United States. as an extract from his journal:
Relations with France.
Mr. Semonville, the French Minister at the
March 3d. Hague, called on me on the 4th of February, and The following note was addressed to the Mindelivered to me a packet from Mr. Talleyrand, lister of Exterior Relations: containing a passport, a letter from my colleagues Mr. Ellsworth and Mr. Davie, dated at Corunna,
Paris, 3d March, 1800, and of the
Independence of the U. s. the 24tk. and the following letter:
Citizen MinistER: The undersigned, Envoys Paris, 11th Pluviose, (30th January,). Extraordinary and Ministers Plenipotentiary of
8th year of the French Republic. the United States of America to the French Re Sır: I have received information that the Plen- public, have just met at this city, and request the i potentiaries of the United States, after a long favor of you to inform them at what time it may and difficult voyage, have arrived at Corunna. be convenient to you to receive a visit from them. They have forwarded to me the enclosed letter, Accept, Citizen Minister, the assurance of their which I hasten to transmit to you. I avail my- high consideration. self of this occasion to enclose a passport, which
OLIVER ELLSWORTH, may be necessary on your repairing to Paris.
W. R. DAVIE, While indulging the hope that you will speedily
W. V. MURRAY. join your colleagues, I felicitate myself upon the To Citizen TallEYRAND, prospect that the time will soon arrive, when, by Minister of Exterior Relations, fc. à frank and full discussion, a termination will be put to the difficulties existing between the Repubfic of France and the United States, and when Minister, in answer to the above, and the demand
The following notes were received from the the two nations will be restored to that friendly verbally made by the Envoys of being formally and harmonious intercourse which ought never received by the Premier Consul : to have been suspended. Receive, sir, the assurance of my high consideration.
The Minister of Exterior Relations to Messrs. Oliver CH. MAU. TALLEYRAND. Ellsworth, W. R. Davie, and W. V. Murray, Envors To Mr. MURRAY,
Extraordinary and Ministers Plenipotentiary of the Enroy, f-c., of the U. S. at the Hague.
United States of Ameriea. To which I returned the following answer:
Paris, 13th Ventose, (34 March,)
year 8 of the French Republic. THE HAGUE, February 4, 1800.
GENTLEMEN: The information which you have Citizen MINISTER: Mr. Semonville, the Min- just communicated, of your arrival at Paris, has ister Plenipotentiary of the French Republic, had given me real satisfaction. If you will take the the goodness to-day to deliver to me himself the trouble to call upon me at half-past twelve toletter of the 31st último, which you did me the morrow, I will be exceedingly gratified at having honor to write, enclosing passports for myself
, the honor to receive you. Accept, gentlemen, the family, and baggage, and a letter from my col- assurance of my high consideration. leagues. Mr. Ellsworth and Mr. Davie; accept my
CH. MAU. TALLEYRAND. thanks for this communication.
I shall immediately prepare for my new desti- | The Minister of Exterior Relations to Messrs. Ellsnation, one from which I now permit myself to
worth, Davie, and Murray, Ministers Plenipotentiary hope a restoration of that harmony which cer
and Envoys Extraordinary of the United States of
America. tainly ought not to have been so cruelly interrupted.
Paris, 14th Ventose, (4th March,) May I ask a repetition of an act of politeness
8th year of the French Republic
one and indivisible. in requesting that the enclosed may be delivered to my colleagues, who I hope will be in Paris im- GENTLEMEN: I have the honor to inform you mediately. Accept, Citizen Minister, the assur
that the First Consul of the Republic will give ance of my high consideration.
you an audience on the 17th instant; I pray you, W. V. MURRAY. therefore, to be so obliging as to attend on that To Citizen TallEYRAND,
day at the Tuilleries, in the Hall of the AmbassaMinister, f-c., of the French Republic.
dors, a litile before one o'clock. I beg you to accept the assurance of my high consideration.
CH. MÀU. TALLEYRAND. On the 10th, I requested personally of Mr. Vem. der Goes, the Minister of Exterior Relations, an audience of leave. This was fixed for the 13th,
March 8tb: (17th Ventose.) when I took a temporary leave of the Batavian
The Envoys were received by the Premier ConDirectory, and on the 17th set out for Paris. sul, in the manner required by their instructions.
The severity of the season, and a two days' ill- Citizens Joseph Bonaparte, Fleurieu, and Ræness of Mrs. Murray on the road, prevented me derer, being appointed by the Premier Consul, on from making a journey, generally made in five the 13th Ventose, Ministers Plenipotentiary for days, in less than thirteen. On Saturday evening, the purpose of negotiating with the Ministers Plethe 1st March, I arrived at Paris, and the next nipotentiary and Envoys Extraordinary of the day had the pleasure of seeing Mr. Ellsworth and United States, upon the differences existing be Mr. Davie arrive.
tween the two States, this event was announced
Relations with France.
to the Envoys of the United States, by the Minis- their readiness to enter on the business of the neter of Exterior Relations, in the following letter, gotiation, as soon as it would be convenient for the under date of the 18th Ventose, (Sth of March:) Ministers of the French Republic, they waited The Minister of Exterior Relations to Messrs. Ells- until the 14th for some intimation from them on worth, Davie, and Murray, Envoys Extraordinary
that subject: none, however, being then received, and Ministers Plenipotentiary of the United States they agreed to address the following note to of America.
Messrs. Joseph Bonaparte, Fleurieu, and Ræderer,
the Ministers announced in the above communiParis 18th Ventose, (8th of March,)
The Envoys Extraordinary and Ministers PlenipotenGENTLEMEN: I have the honor to inform you tiary of the United States of America to the Ministhat the First Consul of the Republic has just ap- ters Plenipotentiary of the French Republic. pointed Citizens Joseph Bonaparte, ex-Ambassa
Paris, March 15, 1800. dor at Rome, Fleurieu, late Minister of Marine, MINISTERS: The undersigned had the pleasure and Ræderer, Counsellor of State, Ministers Ple
to be informed of your appointment as Ministers nipotentiary, to treat with you concerning the dif- Plenipotentiary to treat with them on the differferences existing between the two nations, to ef- ences existing between the French Republic and fect the accommodation which they mutually de- the United States, by a letter from the Minister of sire, and to fulfil the wish, expressed by the two Exterior Relations, under date of the 18th VenGovernments, to remove a misunderstanding tose. which comports as little with their interests as with their sentiments. Receive, gentlemen, the now to be taken by both Governments, it remains
The necessary previous measures appearing assurance of my high consideration.
with their Ministers to have their wishes fulfilled : CH. MAU. TALLEYRAND.
and the undersigned permit themselves to hope
that the strange phenomenon of a misunderstandThe Envoys Extraordinary and Ministers Plenipoten- ing between the French Republic and the United
tiary of the United States of America to the Minis- States of America will soon disappear. They ter of Exterior Relations of the French Republic. will have the honor to meet the Ministers PleniParis, March 9, 1800.
potentiary of the French Republic at such time Citizen Minister: The undersigned, Envoys
and place as they may prefer, for the exchange of Extraordinary of the United States, have the powers, and to learn how soon it will be conve
nient for them to commence the negotiation. Achonor to acknowledge your letter of yesterday, announcing to them that the Premier Consul or cept, Ministers, the assurances of their high con
sideration. the Republic had named the Citizens Joseph Bo
OLIVER ELLSWORTH, na parte, ex-Ambassador at Rome, Fleurieu, late
WILLIAM R. DAVIE, Minister of Marine, and Ræderer, Counsellor of
WILLIAM V. MURRAY. State, as Ministers Plenipotentiary to treat with them on the differences existing between the French Republic and the United States of Amer
MARCH 27th. ica.
The Envoys had received no answer to their The Government of the United States, being note of the 15th, but had been informed, verbally, always assured that the interests of both nations that the delay was much regretted by the French would be essentially promoted by the re-establish- Government and the Ministers, and that it was ment of confidence and harmony between the occasioned by the indisposition of Mr. Joseph two countries, is sincerely desirous to adjust all Bonaparte, President of the French Commission, existing differences, and to restore between them who, in a note to the Envoys, of this date, anthat understanding and friendly intercourse so pounced his recovery: The French Ministers
, congenial to her wishes, and so essential to their however, continuing silent, the Envoys addressed mutual prosperity.
the following note to them, on the morning of the The agreeable and interesting task of effecting 29th ; and, in the afternoon of the same day, rethese great objects has been committed, on the ceived the note under date of the 8th Germinal, part of the United States, to the undersigned, and (same date:) they will be ready to enier upon that business as The Envoys Extraordinary and Ministers Plenipoten
as the Ministers Plenipotentiary of the tiary of the United States of America to Citizens J. French Republic shall signify that they are ready Bonaparte, Fleurieu, and Ræderer, Ministers Plenito commence the negotiation. Accept, Citizen potentiary of the French Republic. Minister, the assurances of their high considera
Paris, March 29, 1800. tion. OLIVER ELLSWORTH,
Citizen MINISTERS: The undersigned are hapWILLIAM R. DAVIE,
py to learn that the indisposition of Mr. BonaWILLIAM V. MURRAY.
parte, which has so unfortunately retarded the commencement of the negotiation, is at length re
moved : and, impressed as they are with the imThe Envoys of the United States having thus portance of their mission, and the urgency of exinformed the Minister of Exterior Relations of listing circumstances, they take again the liberty