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Relations with France.

to express their solicitude that an early day may Ræderer, Counsellors of State, are appointed be named, at which it will be convenient for you Ministers Plenipotentiary, for the purpose of de to honor the undersigned with an interview, for gotiating with the Ministers Plenipotentiary and the purpose of effecting the object of their last Envoys Extraordinary of the United States, upon note. Accept, Citizen Ministers, &c.

the differences existing between the two nations.
OLIVER ELLSWORTH, Art. 2. Citizen Joseph Bonaparte shall preside
WILLIAM R. DAVIE, over the French Ministers.


By the First Consul: the Secretary of State, The Ministers Plenipotentiary of the French Republic

HUGUES B. MARET, to the Envoys Extraordinary and Ministers Plenipo- A true copy: the

Minister of Exterior Relations, tentiary of the United States of America.

CH. MAU. TALLEYRAND. Paris, 8th Germinal, year 8,

A true copy: the Ministers Plenipotentiary, (27th March, 1800.)

BONAPARTE, GENTLEMEN: We participate, very sincerely, in

FLEURIEU, the wish which you have expressed for the speedy

REDERER. re-establishment of friendly relations between the United States of America and the French Repub- John Adams, President of the United States of Ame. lic; and it is for the purpose of hastening its ac- rica. To all to whom these presents shall come, complishment that we propose a conference the greeting : 11th or 12th instant, at whatever hour may be

Whereas, by letters patent under the seal of the most convenient to you, at the house of Citizen J. United States, and dated on the 26th day of FebBonaparte, one of us. Receive, gentlemen, the

ruary last, I did, by and with the advice and consent assurance of our high consideration.

of the Senate of the United States, appoint Oliver BONAPARTE. FLEURIEU.

Ellsworth, Chief Justice of the United States, Pat

rick Henry, late Governor of Virginia, and Wil. REDERER.

liam Vans Murray, Minister Resident of the United

States at the Hague, to be Envoys Extraordinary The Envoys Extraordinary and Ministers Plenipoten- and Ministers Plenipotentiary of the United

tiary of the United States of America to the Minis- States to the French Republic, thereby giving ters Plenipotentiary of the French Republic.

and granting to them full powers, for and in the PARIS, March, 30, 1800. name of the United States, to meet and confer CirizEN MINISTERS: The underwritten Envoys with the Minister or Ministers of the French ReExtraordinary and Ministers Plenipotentiary of the public, who should be appointed and commissionUnited States have the pleasure to acknowledge ed with equal powers, and with such Minister or the receipt of your note of the 8th Germinal, pro- Ministers to discuss and settle by a treaty all conposing a meeting on the 11th or 12th following, at troversies between the United States and France, such hour as might be convenient.

transmitting such treaty to the President of the The underwritten will have the honor to meet United States of America, for his final ratificathe Ministers Plenipotentiary of the French Re- tion, by and with the advice and consent of the public at the house of the Citizen Joseph Bona- Senate of the United States, if such advice and parte, on the 12th Germinal, (2d April,) at one consent shall be given; and whereas the said o'clock in the afternoon ; a time which they hope Patrick Henry did signify to me that, from his will be agreeable. Receive, Citizen Ministers, bodily infirmities, being unable to execute his said the assurance of their high consideration. appointment, he declined accepting the same;

OLIVER ELLSWORTH, now, know ye, that reposing especial trust and
WILLIAM R. DAVIE, confidence in the integrity, prudence, and abili-
WILLIAM V. MURRAY. ties of William Richardson Davie, late Governor

of the State of North Carolina, I have nominated, On the 20 of April, (12th Germinal,) the En- and, by and with the advice and consent of the voys of the United States met the French Minis-Senate, do appoint him an Envoy Extraordinary ters at the house of Joseph Bonaparte, where the and Minister Plenipotentiary of the United States following powers were exchanged, and the mode to the French Republic, in the room of the said of conducting the negotiation adjusted :

Patrick Henry, hereby giving and granting to Extract from the Registers of the Decrees of the First liam Vans Murray, full powers for and in the

him, and to the said Oliver Ellsworth, and WilConsul of the Republic.

name of the United States, to meet and confer with Paris, 12th Ventose, (3d March,) the Minister or Ministers of the French Republic, year 8 of the French Republic

, who shall be appointed and commissioned with

one and indivisible. In the name of the French people : Bonaparte, ters to discuss and settle by a treaty all controver

equal powers, and with such Minister or MinisFirst Consul of the Republic, upon the report sies between the United Siates and France, trans, of the Minister of Foreign Relations, decrees :

hitting such treaty to the President of the United Article 1. Citizen Joseph Bonaparte, ex-Am- States of America, for his final ratification, by and bassador of the French Republic. Fleurieu, and with the advice and consent of the Senate of the

Relations with Fance.

cept, &c.

United States, if such advice and consent shall be delay that this circumstance may occasion, they given.

are happy that the situation of ihe Ministers of In testimony whereof, I have caused these let the French Republic will enable them to remove ters to be made patent, and the seal of the United the difficulty without any considerable inconveStates of America to be hereunto affixed. Given nience to the negotiation. under my hand, at the city of Philadelphia, the The Envoys of the United States bave the tenth day of December, in the year of our Lord highest confidence in the upright views and frank one thousand seven hundred and ninety-nine, and disposition of the French Government, and hope of the independence of the United States the twen it will do them the justice to believe that they are ty-fourth.

JOHN ADAMS. actuated only by a respect to that duty which By the President:

their commission and instructions prescribe. AcTIMOTHY PICKERING,

OLIVER ELLSWORTH, Secretary of State.


WILLIAM V. MURRAY. The Envoys, after withdrawing, proceeded immediately to consider the copy of the powers de

APRIL 8. livered by the French Ministers; and, as they ap- Received the following letter from the French peared to them not sufficiently full and explicit to Ministers, under date of the 17th Germinal, (7th authorize them to commence the negotiation un- April,) enclosing a copy of the new powers, and der the limitation of their own powers, they ad- a copy of a letter from the Minister of Exterior dressed thefollowing note to the French Ministers Relations: on the next day :

The Minister of Exterior Relations to the Ministers PlenThe Envoys Extraordinary and Ministers Plenipoten- ipotentiary appointed to negotiate with the Envoys

tiary of the United States of America to the Minis- of the United States. ters Plenipotentiary of the French Republic.

PARIS, 19 Germinal, (April 6,) year 8. Paris, April 3, 1800.

I have received, citizens, your letter of the 13th Citizen Ministers: The undersigned Envoys, and 14th of this month, (Nos. 1 and 2,) with the having conferred on the copy delivered to them copies therein referred to. yesterday, of the powers granted to you to nego- By the first, you inform me of the exchange tiate with them concerning the existing differ- which you have made of your powers with the ences between the French Republic and the Uni- American Ministers; and, in the second, you comted States, feel themselves compelled to present to municate an extract of the note which these Minyou the doubts they entertain whether the terms isters have addressed to you, respecting the insufin which those powers are expressed are suffi- ficiency which they suppose to exist in the powers ciently full and explicit. You will please to ob- you have exchanged with them. serve that the powers with which the undersigned The First Consul, to whom I have submitted are invested, authorize them to discuss and settle your despatches, in order to present to the Minisby a treaty all controversies between the United ters of the United States an unequivocal proof of States and France, and they suppose it may be the spirit in which he desires to conduct the nequestionable, at least, whether the same latitude of gotiation, has thought proper to furnish you with power may be given by the expression, "à l'effet de powers still more special and explicit than those négocier avec les Ministres, &c. sur les différends contained in his first decree. In transmitting them, survenus entre les deux états;" and if it could be however, to the American Ministers, you will be inferred from any construction of the terms used pleased to apprize them that, in our diplomatic in the commission, that to negotiate respecting usages, since the Revolution, our negotiators have the existing differences,” implied a power to set- almost always been accredited and empowered by tle them also by treaty, yet ihe undersigned con-( simple decrees, similar to the one which you have ceive that it would not be advisable to act upon placed in their hands; and that in these decrees powers deduced by implication from terms in the expression "to negotiate" has always importtheir nature indefinite, in the same manner as if ed an authority " to conclude." I might have conthey had been fully and explicitly expressed. fined myself, indeed, to giving you, officially, this Upon examining the copy of the commission, explanation, and the American Ministers, as they which the undersigned had the honor to deliver have themselves declared, would have been conto you yesterday, you will observe the nature and, tent with receiving it. But the First Consul has extent of their powers, and that they can only ne preferred the other mode, for the purpose, as I have gotiate with Ministers of the French Republic. already stated, of removing all the obstacles of who may be commissioned with equal powers." mere form which could delay or embarrass the This circumstance, it is hoped, will satisfy the progress of the negotiation. Ministers of the French Republic, that the under- Safety and fraternity. signed have not attached to this objection an un

CH. MAU. TALLEYRAND. necessary importance, and evince to them the An exact copy: the Ministers Plenipotentiary propriety of procuring from their Government of the French Republic: powers commensurate with those granted by the

J. BONAPARTE, Government of the United States.

FLEURIEU, While the undersigned regret any trouble or


Relations with France.

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Paris, the 17th Germinal, when the Envoys considered the way sufficiently

(7th April,) year 8. prepared to authorize them to offer some details The undersigned, Ministers Plenipotentiary of in the form of articles of a treaty, respecting the the French Republic, have the honor io inform the claims of individuals. Envoys Extraordinary and Ministers Plenipoten- The Envoys Extraordinary and Ministers Plenipotentiary of the United Siates, that their letter, dated tiary of the United States of America to the Citizens the 13th of this month, has been received.

Joseph Bonaparte, Fleurieu, and Ræderer, Ministers In order to reply to this letter, the French Min- Plenipotentiary of the French Republic. isters have a waited the result of its reference to their

Paris, April 7, 1800. Government, which they hastened to make. The Citizen Ministers: The undersigned have great answer which they received is enclosed. In the pleasure in acknowledging the receipt of the note new powers, of which they have the honor to which you did them the honor of addressing to them transmit the subjoined copy, the American Minis- to day, covering the arrêté of new powers, and ters will perceive the manner in which the First the copy of the letter to you from the Minister of Consul of the Republic has removed the doubt Exterior Relations. Thai Minister, they are happy which they expressed; and in the explanations to see, has done them justice upon the interpretation contained in the letter of the Ministers of Exterior which they had presumed to be the correct one of Relations, they will not fail to discover new mo the terms in question ; and as they unite with you tives of confidence. The Ministers of the Repub- in the wish to press forward the negotiation.they belic, presuming that no obstacle will now oppose lieve that, in iransmitting the note which accomthe opening of the negotiation, expect to receive, panies this, and which was promised on the 12th on the part of the Ministers of the United States, of Germinal, they at once meet the frankness of the memorial which was announced at the confer- your views, and give to you a certain demonstraence of the 12th instant.

tion of the confidence with which the justice and They pray them to receive the assurance of principles of the Government of the French Retheir high consideration.

public have inspired them.
J. BONAPARTE, Accept, Citizen Ministers, the assurance of their
FLEURIEU, high consideration.


Extract from the register of the Decrees of the First

Consul of the Republic.
Paris, 15th Germinal, (5th March,)

Paris, April 7, 1800. year 8th of the Republic, one and indivisible. Citizen MINISTERS: The undersigned, appreciIn the name of the French people: Bonaparte, ating the value of time, and wishing by frankness Ræderer, and Fleurieu, appointed, by the decree to evince their sincerity, enter directly on the great of the 13th Ventose, (31 March) 'last, Ministers object of their mission, an object which they bePlenipotentiary, to negotiate with the Envoys Ex- lieve may be best obtained by avoiding to reirace traordinary and Ministers Plenipotentiary of the too minutely, the too well known and too painful United States of America upon the differences ex- incidents which have rendered a negotiation neisting between the two nations, are authorized to cessary. To satisfy the demands of justice, and negotiate with the said Ministers upon all that con- render a reconciliation cordial and permanent, they cerns these differences; as well as to sign and con- propose an arrangement, such as shall be compatclude, in the name of the Republic, whatever shall ible with national honor and existing circumstanto them appear necessary to effect a perfect re-es- ces, to ascertain and discharge the equitable claims tablishment of good harmony. To this end, there of the citizens of either nation upon the other, fore, Citizens Bonaparte. Ræderer, and Fleurieu whether founded on contract, treaty, or the law receive, by this decree, full and complets powers. of nations. The way being thus prepared, the

BONAPARTE. undersigned will be at libercy to stipulaie for that By the first Consul: the Secretary of State,

reciprocity and freedom of commercial intercourse HUGHES B. MARET. between the two countries, which must essentially An exact copy: the Minister of Exterior Re- contribute to their mutual advancement. Should lations. C. M. TALLEYRAND. this general view of the

subject be approved by the An exact copy: the Ministers Plenipotentiary of Ministers Plenipotentiary, to whom it is addressed, the French Republic.

the details, it is presumed, may be easily adjusted, J. BONAPARTE,

and that confidence restored which ought never FLEURIEU,

to have been shaken. Accept, &c. REDERER


WM. R. DAVIE, The following answer was returned to the above

WM. V. MURRAY. communication, accompanied by a note under the same date, sketching the plan on which the Envoys

Paris, 19th Germinal, proposed to open the negotiation. This proposi

(9th April.) year 8. tion produced a discussion, detailed in the follow- The Ministers of the French Republic have peing correspondence up to the 17th April, inclusive; rused with attention the plan proposed by the En

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Relations with France.

voys Extraordinary and Ministers Plenipotentiary to commerce, is not to renew or amend the former of ihe United States for conducting the negotiation. treaty. but to propose a new one, which shall

They are of opinion that the first object should have fewer difficulties of construction and execube, to determinetherules, and the mode of procedure, tion; shall more extend the provisions for interfor the valuation and indemnification of those in- course, and better adapt them to the existing state juries for which the two nations, respectively, may of things; and they trust that, when the negotia. have demands against each other, whether these tion shall have sufficiently progressed to take up demands are founded on national injuries or in this branch of it more particularly, their expectadividual claims.

tion will be shown to be reasonable. And that the second object is, to insure the ex- Any recent acts of the French Republic, having ecution of the treaties of friendship and commerce, for their object to remove from the American now existing between the two nations, and the accommerce causes of disquietude, will be duly esticomplishment of those views of reciprocal advan-mated in America, and be perceived to have tage which first dictated them.

strengthened the ground for returning confidence, Theundersigned haveonly, in addition, to observe, when there shall have been time for it. that as no measures are authorized by the Govern- With respect to the acts of the Congress of the ment of France affording the least ground of in- United States, which the hard alt rnative of abanquietude to the American commerce, they would doning their commerce to ruin imposed, and consider it a preliminary favorable to the nego- which, far from contemplating a co-operation tiation, if the Envoys Extraordinary and Ministers with the enemies of the Republic, did not even Plenipotentiary ofthe United States will be pleased authorize reprisals upon her merchantmen, but to communicate the orders, no doubt issued by the were restricted simply to giving safety to their President of the United States, to discontinue the own, till a moment shall arrive when their sufferoperation of the acts of Congress, the enforcement ings could be heard and redressed: of these acts of which must be viewed as repugnant to that good the undersigned do not know that the President understanding for which both nations have expres of the United States has suspended their effect, sed an equal desire.

except in the instance of saving St. Domingo The undersigned pray the Ministers Plenipoten- from famine. But, without doubt, their effects tiary to receive the assurance of their high con- will wholly cease as soon as it can be assured that sideration.

the necessity which imposed them no longer exBONAPARTE, ists: of which the undersigned hope their mission FLEURIEU, will be regarded as a sufficient pledge. REDERER. Should it appear to the Ministers of the French

Republic, from these explanations, made with a The Envoys Extraordinary and Ministers Plenipoten

frankness equal to the candor with which they tiary of the United States of America to the Minis. are sure to be examined, that the way is prepared ters Plenipotentiary of the French Republic.

to bring forward an arrangement for the claims of

citizens, the undersigned will soon have the honor PARIS, April 11, 1800. to offer for their consideration some details on Citizen MINISTERS: The undersigned have that subject. Accept, &c. seen with pleasure in your note which they had

OLÍVER ELLSWORTH, the honor to receive yesterday, an acquiescence in

WILLIAM R. DAVIE, the principle of compensating equitable claims of

WILLIAM V. MURRAY. citizens on both sides; though you have proposed to include also claims which either nation might

The Ministers of France to the American Envoys. have for herself.

This description of claims was omitted in the Paris, 230 Germinal, (14th April,) year 8. proposition of the undersigned, not from the ap- The Ministers Plenipotentiary of the French prehension of an unfavorable balance, but because Republic do not perceive, from the considerations in their nature they were difficult to define and suggested rather than developed by the Envoys limit, because their discussion might be unpleasant Extraordinary and Ministers Plenipotentiary of and dilatory, and because, also, to insist on pecu- the United Siate any obstacle to arrangements niary compensation for themselves, would be in which it may be proper to make, on the subject compatible with that magnanimity which it was of the individual claims of one nation upon the presumed both nations would prefer in an act of other. It being impossible, on the part of either, accommodation, so auspicious to their future pros- to estimate these claims except by the discussion perity. If, however, after considering these ob of the principles of the law of nations and the jections, and others which will suggest themselves, obligations of treaties, the national claims will, for the Ministers of the French Republis shall deem the most part, be impliedly estimated by the value it necessary to provide pecuniary compensation affixed to those of individuals. National stipulafor such claims, the undersigned will be ready fur- tions will be only the ulterior consequences of adther to consider the question at a convenient mitted principles. stage of the negotiation, which they apprehend The question, therefore, whether it is expedient will be after it shall be seen what arrangement to form a new treaty, cannot be answered until would be acceptable for the claims of citizens. after a discussion, in which the meaning of an

The expectation of the undersigned, with regard cient treaties shall be determined, the principles of

Relations with France.

the laws of nations unfolded, and the application of recent repeals of regulations, which had gire of these principles to the claims brought forward, disquietude to the United States, and of other rez whether national or individual, clearly shown. ulations lately adopted with a view of re-establs. It is only when the doubts thus raised shall be ing harmony, it would be as well their pleasurez removed, that the Ministers Plenipotentiary of the their duty to transmit the same in the most fator: two nations will be able to determine whether able manner to their Government, which wolk the ancient treaties will suffice to their interests be sure, in the conciliatory temper it has evince! or not.

to receive from them very fully the correspondet Finally, the Ministers of the French Republic impressions they are adapted to make. Penetrait cannot see without concern that the Ministers as the undersigned are with the interests whic Plenipotentiary of the United States are uninform- both nations have in returning to a good unde ed of any revocation of the hostile measures standing, they receive with sensibility a pledge e which their Government has adopted with regard that event in the declaration, that the French Re to France. The French Government, after re- public is ready to do all that justice can require scinding several regulations which had given in- to obliterate every irritating remembrance. quietude to the Federal Government; after pub- The undersigned, conceiving that the way is lishing many others for the purpose of re-estab- now prepared, have the honor io offer for considlishing perfect harmony; after professing, also, a eration some details respecting the claims of indireadiness to do all that justice shall demand, in viduals. They have preferred to offer them at order to efface every irritating remembrance; had once in the form of articles of the treaty, as cona right to expect, with other evidences of recipro- taining a full and frank expression of their views; city, that the armed vessels of the United States and as a mean by which the principles can be di:should cease to attack the vessels of the Republic, cussed connected directly with their application : and that the effusion of human blood should no as the most probable way of fixing the attention longer be feared.

of the Ministers on both sides upon the points of To prevent the interruption of the negotiation difference of opinion, if any such exist; and as by vexatious incidents like these, it is necessary affording the most certain prospect of progressing that the Ministers Plenipotentiary of the United in the business. And they have no doubt that in States shall give an assurance to the Ministers those articles or propositions will be seen a spiri: Plenipotentiary of the Republic, that their Gov- of accommodation as well as of justice. ernment will terminate, without delay, the hostile Accept, &c. condition which it now maintains in relation to

OLIVER ELLSWORTH, France. This assurance, strongly demanded by

WILLIAM R. DAVIE, the acts of the French Government, to which a

WILLIAM V. MURRAY. just reciprocity has been promised, can only be considered a legitimate exchange for that herein contained.

Article 1. There shall be a firm, in violable The undersigned pray the Envoys Extraordin- and universal peace, and a true and sincere friendary and Ministers Plenipotentiary of the United ship, between the French Republic and the UniStates to accept the assurances of their high con- ted States of America, and between their respectsideration.

ive countries, territories, cities, towns, and people, BONAPARTE, without exception of persons or places. FLEURIEU, Art. 2. Whereas complaints have been made REDERER. by divers merchants and others, citizens of the

United States, that, during the course of the war

in which the French Republic is now engaged, The Envoys Extraordinary and Ministers Plenipoten- they have sustained considerable losses and dam

tiary of the United States of America to the Minis- age, by reason of irregular or illegal captures or ters Plenipotentiary of the French Republic.

condemnations of their vessels and other property, Paris, April 17, 1800.

in ports and places within the jurisdiction or doCiTiZeN MINISTERS: The undersigned have minions of the said Republic, all under color of been favored with your note of the 23d of Ger- authority or commissions from the same; for minal.

which losses and damage they have failed, withWith respect to the assurances desired of them out manifest neglect or wilful omission on their that measures of the United States, which had part to obtain adequate compensation : it is agreed been resorted to for the protection of their com- lihat, in all such cases, full and complete compenmerce, should immediately cease, they must ex- sation shall be made by the Government of the plicitly declare that they are not authorized to French Republic. give assurances, otherwise than by incorporating And whereas complaints have also been made them in a treaty, it having been expected by their by divers merchants and others, citizens of the Government that, in that way, every necessary as- French Republic, that under color of authorsurance on both sides would so soon be given as to ity or commissions from the United States; for render preliminary provisions of little use: and which losses and damage they have failed, withwhich expectation the undersigned yet confidently out manifest negligence or wilful omission on trust will not be disappointed.

their part, to obtain adequate compensation : it is Should they, however, be favored with copies / agreed that, in all such cases, full and complete

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