States did them the honor to address them on the 2nd of the present month.

They have not been able to consider the Proposals which accompany it, as bearing upon the first part of the alternative proposed. Indeed, the first of the Propositions upon which they have offered the choice was, that The United States admit explicitly the Treaties entered into with France, with all the advantages of priority attached to their date. In the last Conference, which took place on the 25th Thermidor last, it was clearly understood, and even reduced to writing, that this first part of the alternative essentially did away with all idea of a modification operating upon any one of the points of controversy in the Negotiation, and especially relative to the privileges secured to the French Nation in relation to other Powers. The Note, however, of the American Ministers proposes an essential modification of the XVIIth Article; it is therefore evident that this Note refers to the second part of the alternative, which consisted of an offer of a new Treaty without Indemnity. The French Ministers can therefore insist upon the condition that all stipulation for Indemnities be laid aside. France, however, will give to The United States a new proof of her amicable intentions, by consenting at once to the modification of her Treaties, and to the principle of Indemnities, as expressed in the Note herein added, from which The United States will evidently perceive the desire to effect a prompt and entire adjustment.

The Ministers of the French Republic have the honor, &c.

J. BONAPARTE.

C. P. CLARET FLEURIEU.

Messrs. Ellsworth, Davie, and Murray.

ROEDERER.

(Enclosure.)-Proposal of the French Plenipotentiaries.

1st. THE ancient Treaties shall be continued and confirmed to have their full force, as if no misunderstanding between the 2 Nations had ever occurred.

2nd. Commissioners shall be appointed to liquidate the respective Losses.

3rd. The XVIIth Article of the Treaty of Commerce of 1778 shall be continued in full force, with a single addition, immediately after these words, to wit: "And on the contrary, no shelter or refuge shall be given in their Ports or Harbors to such as shall have made Prize of the Subjects of His Majesty or of the Citizens of The United States." There shall be added, "If it be not in virtue of known Treaties, on the day of the signature of the present, and subsequent to the Treaty of 1778, and that for the space of 7 years." The XXIInd Article subject to the same reservation as the XVIIth Article.

4th. If, during the term of 7 years, the Proposal to establish the XVIIth and XXIInd Articles be not made and accepted without re

serve, the Award for Indemnities determined by the Commissioners shall not be allowed.

5th. The Guarantee stipulated by the Treaty of Alliance shall be converted into a Grant of Succor for 2,000,000. But this Grant shall not be redeemable, unless by a capital of 10,000,000.

J. BONAPARTE. C. P. CLARET FLEURIEU.

ROEDERER,

No. 39.-The American Plenipotentiaries to the French Plenipotentiaries.

CITIZENS MINIsters,

Paris, 29th August, 1800, 7 P. M. THE Envoys of The United States have given the most serious attention to the Note, and the Propositions enclosed, which the Ministers Plenipotentiary of the French Republic did them the honor to address to them under date of 7th Fructidor; and they regret that they have not been able to consider those Propositions in the light they are presented by the French Ministers, as connecting the justice of Indemnity with a beneficial modification of the Treaties.

The 3rd and 4th Propositions leave it optional with France to reject Indemnities, while they secure to her, unconditionally, the Treaty of Commerce, with a minute exception, which is so limited by time and other circumstances, as to render it of little consideration with either Party. With respect to the other Treaty, the option to reject Indemnities produces no effect whatever; its inconveniences are only to be avoided by a purchase of 10,000,000. So that by these propositions, Indemnities may be sacrificed, and the Treaties remain recognized and confirmed; a measure, which, in its operation, would be a complete departure from the principle proposed as the basis of Negotiation by the French Ministers, and the abandonment of an object to which the American Ministers are bound to adhere, and upon which their sentiments have never varied.

As to the 5th Proposition, it is rendered inadmissible, only by an augmentation of the sums proposed by the undersigned Ministers to extinguish the right of France under the mutual guarantee; a right, indeed, which, if France ever placed a value upon, she must have long since discerned that the abolition of it had become as essential to her interests as to those of the Nation which she wishes not to embarrass. Confidently was it presumed by the American Ministers, that, in the equivalent for that right offered by them, there would be seen a liberal regard to the honor of the French Republic, and a still further proof of that desire which has so much sought to facilitate to her an adjustment of existing differences.

The Ministers Plenipotentiary of The United States, having exhausted their efforts to discover, by a spirit of justice and accommodation, the means of accomplishing the desires and realizing the

views of both Nations, can only now hope to avail themselves of the better directed efforts of the Ministers Plenipotentiary with whom they have the honor to treat.

The American Ministers, willing to profit even of suggestions, remark, that, in a late Conference, which respected as well their Note of the 20th of the present month as that of the French Ministers Plenipotentiary of the 7th Fructidor, it was suggested by one of the latter (though not officially, or as a matter upon which the sense of his Colleagues had been taken,) that the option contained in the first-mentioned Note, to extinguish by an equivalent of 8,000,000 francs certain Claims of France under the former Treaties, ought to be reciprocal, so that if the offer should be made by either Party the other should accept it. That principle, if reduced to a form proper to give it effect, it is conceived, would be expressed as follows, viz:

If The United States shall, at any time within 7 years from the exchange of the Ratifications of the present Treaty, offer to the French Republic an Article of the tenor following, viz:

It is agreed that The United States shall pay to the French Republic, within 7 years from the day of exchanging the Ratifications of the Treaty of 8,000,000 francs in money, or such Securities as have been or may be issued to Citizens of The United States for Indemnities under the said Treaty, together with interest hereafter at at the rate of per centum per annum, until the principal shall be discharged. And that, as a consideration of such engagements, The United States shall for ever be exonerated of the obligation, on their part to furnish succors or aid under the mutual guarantee of the XIth Article of the Treaty of Alliance of the 6th of February, 1778; and the rights of the French Republic, under the XVIIth and XXIInd Articles of the Treaty of Amity and Commerce, of the same date, shall be for ever limited to such as the most favored Nation shall in these respects enjoy."

The French Republic will accept the same; or, if the French Republic shall, at any time within that term, offer such an Article, The United States will accept the same. And, in either case, the Article so offered shall become part of the present Treaty.

To such a Stipulation, in connexion with the 1st, 4th, 5th and 6th Propositions offered by the American Envoys in their Note of the 20th of the present month, they would agree, so great is their desire to terminate, without farther loss of time, the present Negotiation..

They pray, &c.

Messrs. Bonaparte, Fleurieu, and Roederer.

O. ELLSWORTH.

W. R. DAVIE. W. V. MURRAY.

No. 40.-The French Plenipotentiaries to the American Plenipotentiaries.

(Translation.)

Paris, 17th Fructidor. Year 8.

WE shall have the right to take our Prizes into the Ports of America.

A Commission shall regulate the Indemnities which either of the 2 Nations may owe to the Citizens of the other.

The Indemnities which shall be due by France to the Citizens of The United States shall be paid for by The United States; and, in return for which, France yields the exclusive privilege resulting from the XVIIth and XXIInd Articles of the Treaty of Commerce, and from the rights of guarantee of the XIth Article of the Treaty of Alliance. BONAPARTE.

Messrs. Ellsworth, Davie, and Murray.

C. P. CLARET FLEURIEU.
ROEDERER.

No. 41.-Extracts from the Journal of the American Plenipotentiaries. Paris, 5th September, 1800.

M. ROEDERER delivered, at the same time, a Paper, unsigned, containing the following observations:

The Ministers of The United States appear to have mistaken the sense of the last Note of the French Ministers. They imagine that the Indemnities may be sacrificed by the Propositions of the 7th Fructidor, and the Treaties, notwithstanding, remain completely acknowledged and confirmed. It has always been the intention of the Ministers of France to reserve to her the right of choice between the restoration of her privileges and the payment of Indemnities which may be brought against her; so that they have never supposed that she would enjoy privileges without the payment of Indemnities, or could pay Indemnities without the enjoyment of privileges.

The American Ministers have also misunderstood the private observations of one of the French Ministers.

Their sole object was to shew, that, during the term of 7 years, France should possess (agreeably even to the plan of the Ministers of The United States) the right to choose between the re-establishment of the privileges resulting from the XVIIth and XXIInd Articles of the Treaty of Commerce, and a sum of at least 8,000,000; since France regards those privileges as an advantage peculiar to her, and for the abandonment of which she may stipulate as she deems proper.

To avoid the uncertainty which might arise from such a Stipulation, hastily reduced to a diplomatic style, the Ministers of France have offered anew a naked Draft of their final determination; and they observe, that, if the American Ministers agree to the substance of the

Note, they may settle the form of it in concert with the French Ministers, and even modify the means of arriving at the same end.

Paris, 6th September, 1800.

The American Ministers being unanimous in the opinion that they could not accede to the Propositions under date of the 17th Fructidor, agreed to offer the following Articles as the basis of Negotiation, and as predicated upon the original overtures of the French Ministers, referring only the determination of the question respecting the Treaties and Indemnities to the American Government, and postponing that determination no longer than the time of Ratification.

For the Ministers Plenipotentiary of the French Republic:

The American Ministers consider the Propositions received from the Ministers Plenipotentiary of France yesterday, under date of the 17th Fructidor, as altogether inadmissible. The nearest approach to them, which the American Ministers can make, is,

I. The former Treaties shall be renewed and confirmed.

II. The obligations of the Guarantee shall be specified and limited, as in the first Paragraph of their 3rd Proposition of the 20th of August. III. There shall be mutual Indemnities, and a mutual restoration of captured property not yet definitely condemned, according to their 5th and 6th Propositions of that date.

IV. If, at the exchange of Ratifications, The United States shall propose a mutual relinquishment of Indemnities, the French Republic will agree to the same; and, in such case, the former Treaties shall not be deemed obligatory, except that under the XVIIth and XXIInd Articles of that of Commerce, the Parties shall continue for ever to have for their public Ships of War, Privateers, and Prizes, such privileges in the Ports of each other as the most favored Nation shall enjoy.

O. ELLSWORTH.

W. R. DAVIE.

W. V. MURRAY.

No. 42.-The American Plenipotentiaries to the French Pleni

potentiaries.

Paris, 8th September, 1800. The Envoys of The United States request the honor of an interview with the Ministers Plenipotentiary of the French Republic, Tomorrow, at 12 o'clock, at such place as may be convenient to them; in order to learn whether the Note of the Undersigned of the 6th of the present month can serve as the basis of a Treaty, or if not, whether any further overtures are to be expected on the part of France. They pray the Ministers Plenipotentiary of the French Republic to accept, &c. O. ELLSWORTH.

Messrs. Bonaparte, Fleurieu, and Roederer.

W. R. DAVIE. W. V. MURRAY.