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Relations with France.

compensation shall be made by the Government of the United States.

That, for the purpose of ascertaining the amount of any such losses and damage sustained either by citizens of the United States or of the French Republic, five Commissioners shall be appointed and authorized to meet and act in the following manner, viz:

of July, 1798, according to the treaties and consular convention then existing between France and the United States.

The award of said Commissioners, or any Board of them, as herein before provided for, shall be final and conclusive as to the justice of the claim, and the amount of the sum to be paid to the creditor or claimant. And they shall comprehend, When the five Commissioners thus appointed when in favor of a claimant, a reasonable allowshall first meet, they shall, before they proceed to ance of interest on the original losses or damage, act, respectively take the following oath or affirm-computed up to the time when the award is to be ation, in the presence of each other; which oath or performed. affirmation, being so taken and duly attested, shall be entered on the records of their proceedings,

viz:

And it is also further agreed, that not only the now existing cases, of all the descriptions before named, but all such as shall exist at the time of exchanging the ratifications of this treaty, shall be considered as being within the provisions, intent, and meaning of this article.

I, A B, one of the Commissioners appointed in pursuance of the second article of the treaty of between the French Republic and the United States of America, do solemnly swear or af- ART. 3. The French Republic, desirous, in an firm that I will honestly, diligently, impartially, adjustment of differences with the United States, and carefully examine all such complaints as, un- to give them a proof of her liberality, by waiving der the said article, shall be preferred to the said formal exceptions, and narrowing the ground of Commissioners, and the same will decide to the discussion, does agree that such claims of the citibest of my judgment, according to the rules and zens of the United States for compensation as principles of decision expressed and contained in shall be in other respects fair and equitable, shall the said treaty of —. I will, also, in like man- not be prejudiced by reason of not having on board ner, examine all such complaints as, under the fifth their vessels, when captured, any other passport article of said treaty, shall be preferred to the or sea-letter than such as had been usually fursaid Commissioners, and will decide them to the nished by their Government prior to the 2d day of best of my judgment, according to justice and March, 1797, or any other ship's rôle d'équipage, equity; and that I will forbear to act as Commis- or other shipping paper, than had been generally sioner in any case in which I am personally inter- used by the citizens of the United States prior to ested. that date; nor shall their claims be prejudiced by Two years, from the day on which the Com-reason of having on board their vessels, when capmissioners shall form a Board, and be ready to proceed to business, are assigned for receiving complaints and applications; but the Commis- ART. 4. Any sum which shall be awarded by sioners are nevertheless authorized, in any partic- the said Commissioners, pursuant to the second ular case in which it shall appear to them reason-article of this treaty, in favor of a claimant, a citiable and just, to extend the said term of two years for any term not exceeding six months after the expiration thereof. The Commissioners shall be appointed, and meet at within six months from the ratifications of this treaty by the respective Governments, and as much sooner as may be.

tured, merchandise, the manufacture or production of any particular country or place.

zen of the United States, the Government of the French Republic will, on the condition of such releases or assignments, to be given by him, as the said Commissioners may direct, cause to be paid to such claimant, in silver or gold coin, without deduction, at Paris, within three months after the date of the award; or will then cause the sum so The Commissioners, in examining the complaints awarded to be converted into transferable stock or and applications so preferred to them, shall have capital, bearing interest at the rate of six per cent. power to examine all such persons as shall come per annum; which interest and principal the said before them, on oath or affirmation, touching the Government will cause to be paid in silver or premises; and also to receive in evidence, accord- gold coin, without deduction, to such claimant, or ing as they may think most consistent with jus- his transferee at Paris, viz: the interest annually, tice and equity, all written depositions, or books, or and the principal by three equal instalments, viz: copies, or extracts thereof; every such deposition, one-third in three years, one-third in five years, or book, or paper, or copy, or extract, being duly and the remaining third in seven years from the authenticated, either according to the legal forms date of the award. The form of the security or now existing in the two countries, or in such other securities, and the mode of transfer, to be such as manner as the said Commissioners shall see cause the said Commissioners shall prescribe: and any to require or allow. They shall not, in examining sum which shall be so awarded in favor of a claims under this article, be concluded either as claimant, a citizen of the French Republic, the to law or facts by any judicial decision, sentence, Government of the United States will, within six or decree, which has been had or rendered therein: months after the date of the award, upon like conand they shall decide the claims in question ac-dition, and in like manner and time, cause to be cording to the original merits of the several cases, and to justice, equity, and the law of nations; and in all cases of complaint existing prior to the 7th

paid. or secure to be paid, to such claimant, or his transferee, at the city of Washington.

ART. 5. And whereas complaints have been

Relations with France.

[Explanatory Note.]

made by divers merchants and others, citizens of all other expenses attending the said Comm the United States, that the French Government sioners shall be defrayed jointly by the two pe is indebted to them, by contract, in considerable ties; the same being previously ascertained an sums, for provisions and other property received allowed by a majority of the Commissioners: an from them in France and other places within the in case of death, sickness, or necessary absete jurisdiction or dominions of the said Republic, the place of every such Commissioner, respective and for freight and use of their vessels to trans-ly, shall be supplied in the same manner as suc port provisions and other property, and prisoners, Commissioner was first appointed; and the new all since the commencement of the war in which Commissioner shall take the same oath or affirthe French Republic is now engaged, for a part of ation, and do the same duties. which debts they hold certificates and bills, issued and drawn by officers and agents of the Republic, payable in France and in other places; and that, The Ministers Plenipotentiary of the French although they have used due diligence, it has Republic will please to observe that a blank is never been in their power to obtain payment of left for the insertion of such claims of the citizens said debts, certificates, or bills: it is agreed that, of the Republic on the United States as the Minin such cases, the claimants may, if they see fit, prefer their claims to the Commissioners provided in the second article, who are authorized to proceed respecting the same as to the time of their reception, mode of examination, and admission of evidence, and generally, in other respects, as is prescribed for the claims there specified; and they shall decide them according to justice and equity. The award of the Commissioners, in such cases, or any Board of them, as is provided in the second article, shall be final and conclusive, both as to the justice of the demand and the amount of the sum to be paid to the creditors or claimants: and, when in favor of claimants, they shall comprehend interest from the times, respectively, at which the debts ought, according to the tenor or nature of the contract, to have been paid, at the rates respectively stipulated therein; or, where none was specially stipulated, at such rate, in each case, as the Commissioners shall judge to be just. But it is understood that no person, by omitting to prefer such, his claim, to the said Commissioners, shall thereby impair his right to seek and obtain payment by any other means.

isters may think proper to bring forward. A blank is also left for the mode of selecting the fire proposed Commissioners, and another for the manner in which they shall be organized; for the filling of which two last the Envoys of the United States are preparing propositions, which will be sent in a day or two. A blank is also left for the title of the treaty, of which the proposed articles. if agreed to, may form a part.

APRIL 18.

in some measure developed in the preceding corThe views of the French Government being respondence, and the negotiation having now assumed some form, it was thought proper to advise the Government of the United States of the progress and state of the business. The following letter was therefore written to the Secretary of State; duplicates and triplicates were also after

wards forwarded:

PARIS, April 18, 1800.

SIR: Your despatches of the 6th and 20th of January reached us some time since, as did also their duplicates and triplicates.

We all met here the 2d of March, Mr. Murray having arrived the evening before. The papers marked from A to V, which we have the honor to enclose, trace the circumstances connected with our mission, which have since taken place.

On the 5th of March, we waited on the Minis

Whatever sum shall be awarded in favor of any claimant under this article, the Government of the French Republic will, in three months after the date of the award, on condition of such releases or assignments to be given by him as the said Commissioners may direct, cause to be paid to him, without deduction, in gold or silver coin, at Paris, or will then convert the same into transfer-ter of Exterior Relations, delivered copies of our able stock or capital, bearing an interest at the letters of credence, and requested to be informed rate of six per cent. per annum; which interest at what time we should have an audience of the and principal the said Government will cause to Premier Consul. He observed that, in cases like be paid, without deduction, in gold or silver coin, ours, it was usual to postpone the audience till to such claimant, or his transferee at Paris, viz: the negotiation was finished. We replied that, the interest annually, and the principal by three should we be honored with one before the nego equal instalments, viz: one-third in two years, one-tiation commenced, we thought its effects would third in four years, and the remaining third in six years from the date of the award. The form of the security or securities, and the mode of transfer to be such as the said Commissioners shall pre

scribe.

ART. 6. It is further agreed that the Commismissioners mentioned in this and the preceding articles shall be respectively paid in such manner as shall be agreed between the two nations; such agreement being to be settled at the time of the exchange of the ratifications of this treaty; and

be favorable. Mr. Talleyrand then said that he supposed there would be no difficulty on that point, and that he would speak to the Premier Consul about it.

On the 8th of March, agreeably to the notification which we had in the meantime received, we attended, and had an audience of the Premier Consul at the palace of the Tuilleries, and delivered him our letters of credence. We were received with the respect due to the character which we had the honor to bear. The audience was a

Relations with France.

public one, and was attended by the two other Consuls, the Ministers of the Government, members of the Council of State, general officers, and the Ministers of foreign Powers. After the compliments usual on such occasions had passed, Mr. Talleyrand informed us that a commission of three Ministers Plenipotentiary had been appointed to negotiate with us, and that we should receive a note from him officially notifying us of that appointment; which we accordingly received in the evening of the same day.

The illness of Mr. Joseph Bonaparte, President of the French Commission, prevented our meeting with them for the exchange of powers till the 2d instant; and the time till the 7th was also lost in obtaining such further powers as were satisfactory to us. Since that day you will perceive that the negotiation has made some progress; and will doubtless also perceive, that there has been, on our part, due solicitude to give it facility.

Our note of yesterday, sent to-day, was accompanied with six articles covering the whole ground of individual claims, and formed for a treaty; but there has not been time to prepare a copy for this despatch. It is understood that the campaign has opened between Austria and France, on the side of Italy.

We have the honor to be, sir, with high respect, your obedient humble servants,

OLIVER ELLSWORTH,
W. R. DAVIE,
W. V. MURRAY.

P. S. We shall be hard pressed to revive the old treaty, so far, at least, as to save its anteriority.

APRIL 21.

the Commissioners named by the two parties shall respectively propose one person; and of the names so proposed, one shall be drawn by lot in the presence of the four original Commissioners." That left for the organization of a board, with these words: "Three of said Commissioners shall constitute a board, and shall have power to do any act pertaining to said commission, provided that one of the Commissioners on each side, and the fifth Commissioner, shall be present."

And that the sentence which contains a blank for the place of their meeting, may be so completed as to read thus: "The Commissioners shall be appointed, and meet at Paris, within six months from the ratification of this treaty by the respective Governments, and as much sooner as may be; but they shall have power to adjourn from place to place, as they shall see cause." Accept, &c. OLIVER ELLSWORTH,

W. R. DAVIE,

W. V. MURRAY.

PARIS, 3d Floreal, (April 22,) year 8.

The Ministers Plenipotentiary of the French Republic have received the note which the Envoys Extraordinary and Ministers Plenipotentiary of the United States have done them the honor to address to them the 17th of April, as well as the supplementary note of the 21st.

They have been engaged, since that time, in preparing a reply; and, as soon as their observations shall be reduced to writing, they will hasten to transmit them to the American Ministers.

They pray the Ministers Plenipotentiary of the United States to accept the assurance of their high consideration. J. BONAPARTE, FLEURIEU, REDERER.

MAY 6, 1800.

The following note was received to-day from the French Ministers:

PARIS, 16th Floreal,
(6th May) year 8.

The Ministers Plenipotentiary of the French Republic coincide with the Envoys Extraordinary and Ministers Plenipotentiary of the United States, in viewing the communication of their Minis-project of a treaty as a frank mode of leading to the discussion of principles which should guide the negotiation and promote its object.

The Envoys being extremely desirous of forming the Board of Commissioners for adjusting the claims in some manner that might avoid the inconveniences which have resulted from the mode prescribed in the sixth and seventh articles of the Treaty of Amity and Commerce between the United States and Great Britain, had retained that part of the subject under consideration till the 21st of April; when, after the discussion of several projects, they finally agreed that, under all circumstances, the mode adopted in the above treaty was the least exceptionable, and transmitted the following note to the French Ministers: The Envoys Extraordinary and Ministers Plenipotentiary of the United States of America to the ters Plenipotentiary of the French Republic. PARIS, April 21, 1800. CITIZEN MINISTERS: The undersigned requests that the blanks in the articles which they had the honor to send you under the date of the 17th May, be filled as follows, viz: that left for the mode of selecting the five Commissioners with these words: "Two of them shall be appointed by the Premier Consul of the French Republic, two of them by the President of the United States, by and with the advice and consent of the Senate thereof, and the fifth by the unanimous voice of the other four; and, in case they should not agree in such choice,

The object of the negotiation is to restore the harmony and cement the friendship formerly subsisting between the two nations.

The principles, with which the undersigned conceive it necessary to commence, are those which can determine the true sense of the mutual obligations, the real or supposed infraction of) which has caused a misunderstanding between the respective Governments.

The liquidation and discharge of the damages. which may have resulted, either to the two nations or to their citizens, from this momentary

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.

No doubt exists respecting the object to which the desires and interests of both nations are di

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

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

In hastening to recognise the principle of ee! pensation, it was the intention of the undersigne to exhibit an unequivocal proof of the fidelity France to her ancient engagements; all pecuniar stipulations appearing to her proper as resu from ancient treaties, not as preliminaries to a new one. The undersigned pray, &c. BONAPARTE FLEURIEU. REDERER.

the acts which show the earnestness with which
irritation which have heretofore existed.
the Government desires to remove the causes t

P. S. We have the honor to transmit herewith

MAY 7.

A conference was held to-day for the purpos of agreeing upon the draught of answer; and, a the French Ministers had acceded to the genera proposition of mutual compensation and indemni ty, in their note of the 19th Germinal, (9th c April,) and had again recognised the principle is their note of the 16th Floreal, (6th of May,) connected with certain discussions, and the ulterict adjustment of the existing differences in a treats the Envoys were of opinion that they would facil itate 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 pre of 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 Plenipoten tiary 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 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.

causes of

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 undersigned 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 negoti ation 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

serve.

For an answer to the first, they refer to their project of a treaty; and it is scarcely necessary to add that the interest of the United States, while it prompts them strongly to cultivate a good understanding with France, forbids them to wish such relations to any Power as might involve them in the contests with which Europe is so of ten scourged. They wish not even to afford in their ports, beyond the rights of hospitality, an

convoys too strong for privateers.

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

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