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DOCUMENTS relative to the Claims of Citizens of The

United States upon France, for French Spoliations prior to 1800.–1778 to 1804.*

LIST OF PAPERS.

No.

Page. 1. (Extract.)— Treaty of Alliance between The United States and France.

Paris, 6th February, 1778. 5 2. (Extract.)-Treaty of Amity and Commerce between do......do...... 6 3. (Extract.)—Treaty of Amity, Commerce, and Navigation between The United

States and Great Britain..... ... London, 19th November, 1794. 9 4. The Secretary of State to the President. . . . Philadelphia, 15th July, 1796. 14 5. Summary Exposition of the Complaints of the French Government against

that of The United States..... Paris,.. .. .. 9th March, 1796. 14 6. The Secretary of State to the American Plenipotentiaries at Paris.

Philadelphia, 15th July, 1797. 17 7. Mr. Marshall to Mr. Lee, Attorney General.

Paris, 12th October, 1797. 30 8. The American Plenipotentiaries to the Secretary of State.

Paris, 22nd October, 1797. 30 9. The American Plenipotentiaries to the Secretary of State.

Paris, 8th November, 1797. 31 Enclosure 1. American Exhibit A.....

31 2. American Exhibit B..

32 10. The Secretary of State to the American Plenipotentiaries.

Philadelphia, 22nd Oct. 1799. 33 11. The American Plenipotentiaries to the French Minister for Foreign Affairs.

Corunna, 18th January, 1800. 49 12. The Minister for Foreign Affairs to the American Plenipotentiaries.

Paris, 31st January, 1800. 50 13. The Secretary of State to the American Plenipotentiaries.

Philadelphia, 14th Feb. 1800. 50 14. The American Plenipotentiaries to the Secretary of State.

Paris,... 18th April, 1800. 51 15. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,...... 7th April, 1800. 52 16. The French Plenipotentiaries to the American Plenipotentiaries.

Paris,...... 9th April, 1800. 53 17. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,...... 11th April, 1800. 53 18. The French Plenipotentiaries to the American Plenipotentiaries.

Paris,...... 13th April, 1800. 55

* Referred to in the Message of the President of The United States, of the 20th May, 1826,+ and annexed to the Report of the Committee of Foreign Affairs to Congress, relative to the Claims of American Citizens upon the Government of The United States, arising out of these Documents, of the 16th February, 1829 (See the Report, Page 121.)

+ See Vol. 1825, 1826. Page 1143.

Page

80

No.
19. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,...... 18th April, 1800. 56 Enclosure.-- American Project of Articles (I to VI) of a Treaty between The United States and France..

57 20. The French Plenipotentiaries to the American Plenipotentiaries.

Paris,........ 6th May, 1800. 61 21. Extract from the Journal of the American Plenipotentiaries.

Paris,........ 7th May, 1800, 62 22. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,........ 8th May, 1800. 63 Enclosure.-American Project of Articles (VII to XXXVI) of a

Treaty between The United States and France...... 65 23. The American Plenipotentiaries to the Secretary of State.

Paris,.... . 17th May, 1800. 78 24. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,...... 19th May, 1800. 79 25. Extracts from the Journal of the American Plenipotentiaries.

Paris, 23rd and 24th May, 1800. 79 26. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,...... 25th May, 1800. 80 Enclosure.-Clause proposed to be added to the XXXIInd Article.. 27. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,...... 1st June, 1800. 81 28. The French Plenipotentiaries to the American Plenipotentiaries.

Paris,...... 5th June, 1800, 81 29. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,...... 6th July, 1800. 81 30. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,...... 23rd July, 1800. 82 31. The French Plenipotentiaries to the American Plenipotentiaries.

Paris,...... 27th July, 1800. 84 32. The French Plenipotentiaries to the American Plenipotentiaries.

Paris,.... 11th August, 1800. 86 33. Extracts from the Journal of the American Plenipotentiaries.

Paris,...... 7th July, 1800. 89 34. Extract from the Journal of the American Plenipotentiaries.

Paris,.... 15th August, 1800. 91 35. The American Plenipotentiaries to the Secretary of State.

Paris,.... 15th August, 1800. 91 36. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,. . . . 20th August, 1800. 93 37. Extracts from the Journal of the American Plenipotentiaries.

Paris, 24th & 29th August, 1800. 96 38. The French Plenipotentiaries to the American Plenipotentiaries.

Paris,.... 25th August, 1800. 97 39. The American Plenipotentiaries to the French Plenipotentiaries.

Paris,.... 29th August, 1800. 99 40. The French Plenipotentiaries to the American Plenipotentiaries.

Paris, 4th September, 1800. 101 41. Extracts from the Journal of the American Plenipotentiaries.

Paris, 5th and 6th Sept. 1800. 101

No.

Page. 42. The American Plenipotentiaries to the French Plenipotentiaries.

Paris, 8th September, 1800. 102 43. Extract from the Journal of the American Plenipotentiaries.

Paris, 12th September, 1800. 103 44. Extract from the Journal of the American Plenipotentiaries.

Paris, 13th September, 1800. 104 45. Extract from the Journal of the American Plenipotentiaries.

Paris, 13th September, 1800, 105 46. Extract from the Journal of the American Plenipotentiaries.

Paris, 19th September, 1800. 106 47. The French Plenipotentiaries to the American Plenipotentiaries.

Paris, 14th September, 1800. 106 48. Proposition of the French Plenipotentiaries.

Paris, 19th September, 1800. 107 49. Extract from the Journal of the American Plenipotentiaries.

Paris, 24th September, 1800. 108 50. Extract from the Journal of the American Plenipotentiaries.

Paris,.... 3rd October, 1800. 110 51. Mr. Murray to the Secretary of State.. .. Paris,.. 1st October, 1800. 111 52. The American Plenipotentiaries to the Secretary of State.

Paris,.. 4th October, 1800. 111 53. The Minister for Foreign Affairs to M. Pichon.

Paris,....

.... 4th August, 1801. 115 54. The Secretary of State to Mr. Livingston.. Washington, 18th Dec. 1801. 117 55. Mr. Livingston 'to the Secretary of State.. Paris,. ... 13th January, 1802. 117 56. Mr. Livingston to the Minister for Foreign Affairs.

Paris,...... 17th April, 1802. 118 57. The Secretary of State to Mr. Charles Pinckney.

Washington, 6th Feb. 1804, 118 58. Report of the Committee of Foreign Relations to Congress..

121

No. 1.— Treaty of Alliance between The United States and France.

Paris, 6th February, 1778. Art. XI. The 2 Parties guaranty mutually, from the present time, and forever, against all other Powers, to wit: The United States to His Most Christian Majesty, the present Possessions of the Crown of France in America, as well as those wbich it may acquire by the future Treaty of Peace : and His Most Christian Majesty guaranties on his part to the United States, their liberty, sovereignty, and independence, absolute and unlimited, as well in matters of Government as commerce, and also their Possessions, and the additions or conquests that their Confederation may obtain, during the War, from any of the Dominions now or heretofore possessed by Great Britain in North America, conformable to the Vth and VIth Articles above written, the whole as their possession shall be fixed and assured to the said States, at the moment of the cessation of their present War with England.

XII. In order to fix more precisely the sense and application of the preceding Article, the Contracting Parties declare, that, in case of a rupture between France and England, the reciprocal guarantee declared in the said Article shall have its full force and effect the moment such War shall break out; and if such rupture shall not take place, the mutual obligations of the said guarantee shall not commence until the moment of the cessation of the present War between The United States and England shall have ascertained their Possessions.

No. 2.- Treaty of Amity and Commerce between The United States

and France.- Paris, 6th February, 1778. ART. XVII. It shall be lawful for the Ships of War of either Party, and Privateers, freely to carry, whithersoever they please, the Ships and goods taken from their Enemies, without being obliged to pay any duty to the Oficers of the Admiralty or any other Judges; nor shall such Prizes be arrested or seized when they come to or enter the Ports of either Party; nor shall the Searchers or other Officers of those Places search the same, or make examination concerning the lawfulness of such Prizes; but they may hoist sail at any time, and depart and carry their Prizes to the Places expressed in their Commissions, which the Commanders of such Ships of War shall be obliged to show: on the contrary, no shelter or refuge shall be given in their Ports to such as shall have made prize of the Subjects, People, or property of either of the Parties; but if such shall come in, being forced by stress of weather, or the danger of the sea, all proper means shall be vigorously used, that they go out and retire from thence as soon as possible.

XXII. It shall not be lawful for any Foreign Privateers, not belonging to Subjects of the Most Christian King, nor Citizens of the said United States, who have Commissions from any other Prince or State in enmity with either Nation, to fit their Ships in the Ports of either the one or the other of the aforesaid Parties, to sell what they have taken, or in any other manner whatsoever to exchange their Ships, merchandizes, or any other lading; neither shall they be allowed even to purchase victuals, except such as shall be necessary for their going to the next Port of that Prince or State from which they have Commissions.

XXIII. It shall be lawful for all and singular the Subjects of the Most Christian King, and the Citizens, People, and Inhabitants of the said United States, to sail with their Ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandizes laden thereon, from any Port to the Places of those who now are or hereafter shall be at enmity with the Most Christian King or The United States. It shall likewise be lawful for the Subjects and

Inbabitants aforesaid, to sail with the Ships and merchandizes aforementioned, and to trade with the same liberty and security from the Places, Ports and Havens of those who are Enemies of both or either Party, without any opposition or disturbance whatsoever, not only directly from the Places of the Enemy aforementioned to Neutral Places, but also from one place belonging to an Enemy to another Place belonging to an Enemy, whether they be under the jurisdiction of the same Prince, or under several. And it is hereby stipulated, that free Ships shall also give a freedom to goods, and that every thing shall be deemed to be free and exempt which shall be found on board the Ships belonging to the Subjects of either of the Confederates, although the whole lading, or any other part thereof, should appertain to the Enemies of either, Contraband Goods being always excepted. It is also agreed in like manner, that the same liberty be extended to Persons who are on board a free Ship, with this effect, that, although they be Enemies to both or either Party, they are not to be taken out of that free Ship, unless they are Soldiers and in actual service of the Enemies.

XXIV. This liberty of navigation and cominerce shall extend to all kinds of merchandizes, excepting those only which are distinguished by the name of Contraband, and under this name of Contraband, or prohibited goods, shall be comprehended arms, great guns, bombs, with the fusees, and other things belonging to them, candon-ball, gunpowder, match, pikes, swords, lances, spears, halberds, mortars, petards, granades, saltpetre, muskets, musket-ball, bucklers, helmets, breast-plates, coats of mail, and the like kinds of arms, proper for arming Soldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandizes which follow shall not be reckoned among Contraband or prohibited goods; that is to say, all sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton, or any other materials whatever; all kinds of wearing apparel, together with the species whereof they are used to be made; gold and silver, as well coined as uncoined; tin, iron, latten, copper, brass, coals; as also wheat and barley, and any other kind of corn and pulse; tobacco, and likewise all manner of spices; salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salts; and in general all provisions which serve for the nourishment of mankind and the sustenance of life; furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail cloths, anchors, and any parts of anchors; also Ship’s masts, planks, boards, and beams, of what trees soever; and all other things proper, either for building or repairing Ships, and all other goods whatever which have not been worked into the form of any instrument or thing prepared for War by land or by sea, shall not be reputed Contraband, much less such as bave been already wrought

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