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not favor a construction which goes to deprive a Contracting Party of the benefit of it.

5th. The language in which pre-existing Treaties are usually recognized at the close of a War does not import that the Treaties have, in fact, ceased to exist, but rather that the causes which suspended their operation have ceased; and, in various instances, such Treaties are counted upon as becoming again operative, without any express provision to render them so.

6th. Nor is it conceived that the Treaties between The United States and France have undergone a more nullifying operation than the condition of War necessarily imposes. Doubtless the Congressional Act, authorizing the reduction of French Cruizers by force, was an authorization of War, limited, indeed, in its extent, but not in its nature. Clearly, also, their subsequent Act, declaring that the Treaties had ceased to be obligatory, however proper it might be for the removal of doubts, was but declaratory of the actual stat things. And certainly it was only froin an exercise of the constitutional prerogative of declaring War, that either of them derived validity ; so that the Treaties in question, having had only the usual inoperation, might, without a breach of faith, have the usual recognition.

7th. As far as the opinion of Great Britain goes, there would be no difficulty in recognizing a Treaty, which gives to France an exclusive right to introduce Prizes into the Ports of The United States; because she, by a Project of a Treaty of Peace, drawn up at her own Court, in 1792, and offered by Lord Malmesbury to the French Plenipotentiaries, proposed to give to France such exclusive right in the British Ports; that is, the Project renewed the Treaties of Paris of 1763 and of 1783, both of which renewed the Commercial Treaty of Utrecht, of 1713, which contained such a stipulation.

The foregoing considerations induced the Undersigned to be unanimously of the opinion, that any part of the former Treaties might be renewed consistently with good faith.

They then offered a renewal, with limitations of the XVIIth Artiele of the Commercial Treaty, which, without compromitting the interests of The United States, would have given to France what her Ministers had particularly insisted on, as essential to her bonor, and what they had given reason to expect would be deeined satisfactory. The overture, however, finally produced no other effect than to enlarge the demand of the French Ministers, from a partial to a total renewal of the Treaties, which brought the Negotiation a second time to a stand.

The American Ministers, however, after a deliberation of some days, the progress of events in Europe continuing in the mean time to grow more unfavorable to their success, made an ulterior advance, (1817–18.)


going the whole length of what had been last insisted on. They offered an unlimited recognition of the former Treaties, though accompanied with a provision to extinguish such privileges claimed under them as were detrimental to The United States, by a pecuniary equivalent, to be made out of the Indemnities which should be awarded to American Citizens. A compensation, which, though it might have cancelled but a small portion of the Indemnities, was nevertheless a liberal one for privileges which the French Ministers had often admitted to be of little use to France, under the construction which the American Government had given to the Treaties.

This offer, though it covered the avowed objects of the French Government, secured an engagement to pay indemnities, as well as the power to extinguish the obnoxious parts of the Treaties. To avoid any engagement of this kind, the French Ministers now made an entire departure from the principles upon which the Negotiation had proceeded for some time, and resumed the simple unqualified ground of their overture of the 23rd Thermidor; declaring that it was indispensable to the granting of Indemnities, not only that the Treaties should have an unqualified recognition, but that their future operation should not be varied in any particular, for any consideration or compensation whatever. In short, they thought proper to add, what was quite unnecessary, that their real object wus to avoid Indemnities, and that it was not in the power of France to pay them.

No time was requisite for the American Ministers to intimate that it had become useless to pursue the Negotiation any farther.

It accorded as little with their views as with their instructions, to subject their Country perpetually to the inischievous effects of those Treaties, in order to obtain a promise of indemnity at a remote period -a promise which might as easily prove delusive, as it would reluctantly be made; especially, as, under the guarantee of the Treaty of Alliance, The United States night be immediately called upon for succors, which, if not furnished, would of itself be a sufficient pretext to render abortive the hope of indemnity.

It only remained for the Undersigned to quit France, leaving The United States involved in a contest, and, according to appearances, soon alone in a contest, which it might be as difficult for them to relinquish with honor as to pursue with a prospect of advantage; or else to propose a temporary arrangement, reserving for a definitive ad. justment points which could not then be satisfactorily settled, and providing in the mean time against a state of things of which neither Party could profit. They elected the latter; and the result has been the signature of a Convention.

Of property not yet definitively condemned, which the IVth Article respects, there are more than 40 Ships and Cargoes, and a number

of them of great value, at present pending for decision before the Council of Prizes; and many others are doubtless in a condition to be brought there, if the Claimants shall think fit.

Guards against future abuses are perhaps as well provided as they can be by stipulations. The Article respecting Convoys may be of use in the West Indies, till it shall be more in the power of the French Government than it is at present to reduce the Corsairs in that Quarter to obedience.

As to the Article which places French Privateers and Prizes on the footing of those of the most favored Nations, it was inserted as drawn by the French Ministers, without any discussion of the extent of its operation; the American Ministers having, in former stages of the Negotiation, repeatedly and uniformly declared, agreeably to the sale of construction settled by the Law of Nations, that no stipulation of that kind could have effect as against the British Treaty, unless the stipulation were derived from the former Treaties, which it is here expressly agreed shall have no operation whatever. This Article, bowever, is less consequential, as it will soon be in the power of The United States, and doubtless also within their wisdom, to refuse to the Privateers and Prizes of any Nation an asylum beyond what the rights of humanity require.

If with the simple plea of right, unaccompanied with the menaces of

power, and unaided by events either in Europe or America, less is at present obtained than justice requires, or than the policy of France should bave granted, the Undersigned trust that the sincerity and patience of their efforts to obtain all that their Country had a right to demand, will not be drawn in question. We have the honor, &c.


WM. R. DAVIE. The Hon. John Marshall.


No.53.-The Minister for Foreign Affairs to M. Pichon.

(Translation.) (Extract.)

16th Thermidor, Year 9. I have received, Citizen, your Dispatch of the 14th Prairial, (4th June,) and the Papers you have enclosed with it.

I have the pleasure to inform you that the Government of the Republic has ratified the Convention of the 9th Vendemiaire, (30th September.) It has not escaped you, that the Ratification of the Senate and of the American Government, in truth, unusual, irregular, and incomplete, had placed us in a position which was not in reality embarrassing, but because we were sincerely disposed to enter into, with The United States, our ancient relations of good understanding and amity. It would have been extremely easy and plausible to terminate this discussion by a refusal to ratify, in citing the radical defect of the American Ratification; but then the reconciliation of both Nations would have remained uncertain, and would have been left to the chances of an unknown futurity. The Government has preferred to terminate this debate in the manner the most conformable to the interests and to the sentiments of the 2 Nations. However, as in ratifying without explanation, the 2 Governments would have found themselves in an unequal position relative to the pretensions expressed in the suppressed Article, the suppression of this Article releasing the Americans from all pretensions on our part relative to ancient Treaties, and our silence respecting the same Article, leaving us exposed to the whole weight of the eventual demands of this Government relative to Indemnities, it has become necessary that a form be introduced into the Act of Ratification, in order to express the sense in which the Government of the Republic understood and accepted the abolition of the suppressed Article.

I transmit to you, herein enclosed, the form of Ratification, and the verbal process of exchange. I ought not to suppose that this Act could be the object of any explanation between you and the Federal Government; in every case the particulars of the Negotiation are perfectly known to you.

You know that the IInd Article had not been introduced into the Convention without repugnance on the part of the American Minister. Mr. Murray, urged by our Ministers to explain the motive for the suppression of this Article, declared that the question was too interesting not to have already captivated his attention, and that, taking for the basis of the views of his Government the desire to establish harmony between the 2 Nations, he was of opinion that the motive for the rejection of the I Ind Article could be found in the Article itself, looking upon it as susceptible of producing disquiets in future, by promising nothing but an ulterior and discordant Negotiation, and in the desire of placing reciprocal friendship rather in the natural course of things, than hazard it in an Article which, if it had ever been executed, would have a palpable tendency to disturb it.

This is a full and wise explanation. It is, moreover, too, conformable to the dispositions of harmony which exist between the 2 Governments, and of regard which united both Nations, that the Government of the Republic should not have heard, with certainty, that the abolition of the Ilod Article was equivalent to the abolition of all the pretensions that have so long established discord in the relations of the 2 Countries, and in the discussions of their Legislatures.

I have room to believe that, in your immediate Answer to my Despatch of this day, you will inform me of the approaching departure of Mr. Livingston. In awaiting the arrival of the Republican Mi. nister, and the definitive nomination of the Commissioners of Commer. cial Relations, I confide in the zeal of the Agents whom you have provisionally appointed, and in the wisdom of the directions which they receive of you. M. Pichon.


| salute you,

No. 54.- The Secretary of State to Mr. Livingston. (Estracts.)

Washington, 181h December, 1801. The Convention with the French Republic, as finally exchanged by Mr. Murray, arrived here on the 9th day of October last, in the hands of Mr. Appleton. As the form of Ratification by the French Government contained a Clause declaratory of the effect given to the meaning of the Treaty by the suppression of the lind Article, it was thought by the President most safe, as a precedent, to ask anew the sanction of the Senate to the Instrument with that ingredient. No decision has yet been taken by that Body; and from the novelty of the case, the number of absent Members, and the delays incident to questious of form, it is possible that it may be some little time yet before the subject is brought to a conclusion. It is not, however, to be presuned, that any serious difficulty can ultimately clog it; and it is hoped that nothing in the present appearance will mislead the French Government into a suspension of proceedings for giving to The United States the benefits of the Treaty. I am authorized to say that the President does not regard the Declaratory Clause as more than a legitimate inference from the rejection by the Senate of the Ilod Article, and that he is disposed to go on with the measures due under the compact to the French Republic.

You will find by the Proceedings of the House of Representatives sketched in the Newspapers, herewith enclosed, that the injury threatened to our navigation by Foreign Regulations brought into activity by the Peace, more particularly by the countervailing Act of Great Britain, founded on her construction of the Treaty of 1794, has engaged the attention of that Assembly. The Resolution proposed by General Smith has been as yet very partially discussed, and it is uncertain what shape or turn may finally be given to it. Mr. Livingston.


No. 55.- Mr. Livingston to the Secretary of State. (Extract.)

Paris, 13th January, 1802. The reluctance we have shewn to a renewal of the Treaty of 1778 has created many suspicions. Among other absurd ones, they believe seriously that we have an eye to the conquest of their Islands. This business of Louisiana also originated in that, and they say expressly that they could have had no pretence, so far as related to the Floridas, to

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