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Prizes into the Ports of an Associate in the present War. But without waiting for the result of this farcical Trial, it has been cominon to unlade and sell the cargoes as soon as they reached a Port.
An unreasonable burthen is imposed on the Captured in requiring them, if they think proper to appeal to a higher Tribunal, to find sureties in large penalties, which, as Strangers, it is impossible to pro
This evil demands redress. The Crews are often stripped of their property, and even of their clothes, and turned ashore without money or provisions. Such ivhuman pillage is disgraceful to the Nation which permits, or does not, by adequate punishments, restrain it. The Masters, Supercargoes, other Officers and Seamen, should be allowed certain sums; the former to employ Counsel to support their Claims to the property captured, and all for their subsistence; and the Seamen might have an adequate allowance of good provisions until they could find Vessels returning to their own Country. To admit Masters and Supercargoes into the Courts to defend the property captured, when they have been previously stripped of their money, and all means of providing the legal assistance essential to a right defence, is to tantalize with the semblance of justice, while the substance is denied.
28th. If Vessels of either Party sail for a place actually blockaded by the other, without a previous knowledge of the Blockade, every such Vessel may be turued away, but not detained, nor her Cargo, if not Enemy's property, nor Contraband, be confiscated, unless, after notice, she shall again attempt to enter. Nor should any Vessel that may have entered prior to the Blockade be restrained from quitting such place with her return Cargo; nor, if found there after the reduction of the place, should they be liable to any injury.
29th. If a War should break out between the 2 Nations, 6 months aster the Proclamation thereof, may be allowed to the Merchants and others of euch Nation residing in the Dominions of the other, for selling and transporting their goods and merchandize. And if, during that term, any thing be taken from them, or injury done them, by either Party, or the Citizens or Subjects of either Party, full satisfaction should be made.
30th. The Articles of the Treaty, which you may conclude, as far as they respect compensation and payment for past injuries and contracts, should be permanent, until the objects thereof be fulfilled. So, likewise, the Article to prevent the sequestration or coufiscation of debts, and shares or moneys in the public funds, or in public or private banks, should endure while on either side there is a subject on which to operate. The other Articles of the Treaty should terminate in 10 or 12 years; a period as long as they will be likely to be mutually satisfactory.
The following points are to be considered as ultimata :
1st. That an Article be inserted for establishing a Board, with suitable powers, to hear and determine the Claims of our Citizens for the causes hereinbefore expressed, and binding France to pay or secure payment of the sums which shall be awarded.
2d. That the Treaties and Consular Convention, declared to be no longer obligatory by Act of Congress, be not in whole or in part revived by the new Treaty; but that all the engagements to which The United States are to become Parties be specified in the new Treaty.
3d. That no guarantee of the whole or any part of the Dominions of France be stipulated, nor any engagement made in the nature of an Alliance.
4th. That no aid or loan be promised in any form wlatever.
5th. That no engagement be made inconsistent with the obligations of any prior Treaty: and, as it may respect our Treaty with Great Britain, the Instruction herein, inarked 21, is to be particularly observed.
6th. That no stipulation be made, granting powers to Consuls, or others, under color of which Tribunals can be established within our jurisdiction, or personal privileges be claimed by Frenchmen, incompatible with the complete Sovereignty of The United States in matters of Policy, Commerce, and Government.
7th. That the duration of the proposed Treaty be limited to 12 years at farthest, from the day of the exchange of the Ratifications, with the exceptions respecting its permanence in certain cases, specified under the Instruction marked 30.
TIMOTHY PICKERING. Messrs. Ellsworth, Davie, and Murray.
No. 11.- The American Plenipotentiaries to the Minister for Foreign
Corunna, 18th January, 1800. The Undersigned, Envoys Extraordinary and Ministers Plenipotentiary of the United States of America to the French Republic, have the honor to inform you of their arrival at this Port, after a lapse of 10 weeks since their leaving America, and the loss of 4 in a fruitless attempt to get from Lisbon, where they touched, to L'Orient. From hence they will proceed immediately to the confines of France. As they left The United States early in November, their Letters of Credence are of course “ To the Directory of the French Republic." This circumstance being a matter of mere formality, they are induced to soppose that no objection will arise out of it, and that their Letters of Credence will have the same effect as they would have under an address adapted to the present distribution of the Powers of the French (1817-18.)
Republic. Should the Government view this circumstance in the saine light with the Undersigned, they then request that Passports may be granted for them and their Suite to Paris, and that they may be forwarded by the Courier charged with these Despatches; andfalso, that there may be granted, and that you will have the goodness to transmit, together with their Letter to him, a like Passport to William Vans Murray, Esq. at The Hague, who is joint Envoy Extraordinary and Minister Plenipotentiary, as before mentioned, with them. They pray you, Sir, to accept, &c.
OLIVER ELLSWORTH. M. d: Talleyrand.
WM. R. DAVIE.
No. 12.-The Minister for Foreign Affairs to the American Plenipotentiaries.
Paris, 31st January, 1800. I have received the Letter (dated from Corunna, which you did me the honor to write to me. I exceedingly regret that a tedious and painful voyage should have so long retarded your arrival in France. You are expected with impatience; you shall be received with eager
The form given to your Letters of Credence will be no obstacle to opening the Negotiations, of which I dare foretell the happy success. I have hastened to transmit to Mr. Murray the Letter you addressed to me for him, and added the necessary Passports, in like manner as I enclose those of which you stand in need. I confide this Packet, agreeably to your wish, to the Courier you sent me.
Receive, Gentlemen, the assurance, &c. Messrs. Elsworth and Davie.
CH. MAU. TALLEYRAND.
No. 13.-The Secretary of State to the American Plenipotentiaries.
Department of State, GENTLEMEN,
Philadelphia, 14th February, 1800. In your Commissions, containing your Full Powers, you are named “ Envoys Extraordinary and Ministers Plenipotentiary of The United States to the French Republic," and you are authorized “ to meet and confer with the Minister or Ministers of the French Republic, who shall be appointed and commissioned with equal Powers, and, with such Minister or Ministers, to discuss, and settle by a Treaty, all controversies between The United States and France :” consequently, the circumstance of your Letters of Credence being addressed to the late “ Executive Directory," need not prevent or impede the proposed Negotiation; provided the existing Government in Frauce are inclined to enter upon it, and to conclude a Treaty. This is the President's opinion, and by his direction I now cominunicate it to you. Indeed, the idea must have occurred to you, it being obvious that a satisfactory Treaty, however negotiated, which shall be approved and ratified by the President, by and with the advice and consent of the Senate, will be alike valid as if conducted with the most minute attention to customary formalities.
I am, &c.
TIMOTHY PICKERING. Messrs. Ellsworth, Davie, and Murray.
No. 14.- The American Plenipotentiaries to the Secretary of State. SIR,
Paris, 18th April, 1800. 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 2nd 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 Minister of Exterior Relations, delivered Copies of our Letters of Credence, and requested to be informed at what time we should have an audience of the Premier Consul. He observed that, in cases like ours, it was usual to postpone the audience till the Negotiation was finished. We replied that, should we be honored with one before the Negotiation commenced, we thought its effect would be favorable. M. Talleyrand then said, he supposed there would be no difficulty upon that point, and that he would speak to the Premier Consul about it.
On the 8th March, agreeably to the notification we had in the mean time received, we attended, and had an audience of the Premier Consul, at the Palace of the Thuilleries, and delivered to 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 public one, and was attended by the 2 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, M. Talleyrand informed us that a Commission of 3 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 M. J. Bonaparte, President of the French Commission, prevented our meeting with them for the exchange of Powers until the 2nd instant; and the time until 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 bas been, on our part, due solicitude to give it facility.
Our Note of yesterday, sent to-day, was accompanied with 6 Articles, covering the whole ground of individual claim, 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, &c.
WILLIAM R. DAVIE. The Hon. Timothy Pickering.
WILLIAM V. MURRAY.
P.S. We shall be hard pressed to revive the old Treaty, to save its anteriority.
No. 15.- The American Plenipotentiaries to the French Pleni
potentiaries. CITIZEN MINISTERS,
Paris, 7th April, 1800. The Undersigned, appreciating the value of time, and wishing by frankness to evince their sincerity, enter directly upon the great object of their Mission-au object which they believe may be best obtained by avoiding to retrace minutely the too well known and too painful incidents which have rendered a Negotiation necessary.
To satisfy the demands of justice, and render a reconciliation cordial and permanent, they propose an arrangement, such as shall be compatible with national honor and existing circumstances, to ascertain and discharge the equitable Claims of the Citizens of either Nation upon
the other, whether founded on Contract, Treaty, or the Law of Nations. The way being thus prepared, the Undersigned will be at liberty to stipulate for that reciprocity and freedom of commercial intercourse between the 2 Countries, which must essentially contribute to their mutual advancement.
Should this general view of the subject be approved by the Ministers Plenipotentiary to whom it is addressed, the details, it is presumed, may be easily adjusted, and that confidence restored which ought never to have been shaken. Accept, Citizen Ministers, their assurances, &c.
0. ELLSWORTH. WILLIAM R. DAVIE.
WILLIAM V. MURRAY Messrs. Bonaparte, Fleurieu, and Roederer.