Relations with France. ciate in the war, and there adjudicated by the regular tribunals. The French have conducted their prizes into neutral as well as belligerent ports; and, when there was no Consul to try and condemn, leaving there the prizes, they have carried the papers to a distant place to find a French tribunal; and there, in the absence of the captured party, procured sentences of condemnation, and sold the prizes. The same mode of obtaining condemnation has been uniformly practised when they carried their prizes into the ports of an associate in the present war. But, without waiting for the result of this farcical trial, it has been common to unlade and sell the cargoes as soon as they reached a port. An unreasonable burden 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 procure. 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 inhuman 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 also 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. XXVIII. 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 turned 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. XXIX. If a war should break out between the two nations, six months after the proclamation thereof may be allowed to the merchants and others of each nation, residing in the dominions of the other, for selling and transporting their goods and merchandise. 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. XXX. 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 confiscation of debts, and shares or moneys in the public funds, or in public or private banks, should endure, while on either side 6th CoN.-36 there is a subject on which to operate. The other articles of the treaty should terminate in ten or twelve years; a period as long as they will be likely to be mutually satisfactory. The following points are to be considered as ultimated: 1. That an article be inserted for establishing a board, with suitable powers, to hear and determine the claims of our citizens, for the causes herein before expressed, and binding France to pay or secure payment of the sums which shall be awarded. 2. 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. 3. That no guaranty of the whole or any part of the dominions of France be stipulated, nor any engagement made, in the nature of an alliance. 4. That no aid or loan be promised in any form whatever. 5. 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 marked XXI, is to be particularly observed. 6. 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. 7. That the duration of the proposed treaty be limited to twelve years, at furthest, from the day of the exchange of the ratifications, with the exceptions respecting its permanence in certain cases, specified under the instruction marked XXX. TIMOTHY PICKERING. DEPARTMENT OF STATE, Oct. 22, 1799. List of books and papers, delivered to Governor Davie for the use of the Envoys to the French Republic. 1. Chalmers's collection of Treaties between Great Britain and other Powers, 2 vols. 2. Complete copy of the Laws of the United States, 4 vols. 3. Correspondence between Mr. Jefferson, Secretary of State, and the French Minister, Mr. Genet, 1 vol. 4. Letter from T. Pickering, Secretary of State, dated January 16, 1797, to General Pinckney, Minister from the United States to the French Republic, with an appendix, containing correspondences with the French Ministers, Fauchet and Adet, 1 vol. 5. Documents (including General Pinckney's information of his mission) laid before Congress, the 16th of May, 1797, 1 pamphlet. 6. Instructions to, and proceedings of, the late Envoys, Pinckney, Marshall, and Gerry, 3 copies. 7. Mr. Gerry's letter of October 1, 1798, and correspondence with M. Talleyrand, 3 copies. Relations with France. 8. French originals of Mr. Talleyrand's communications, 3 copies. 9. Report of T. Pickering, Secretary of State, on Mr. Gerry's letter and communication, 3 copies. 10. Report of T. Pickering, Secretary of State, on French spoliations, laid before Congress, February 27, 1797, 1 copy. 11. Report of further spoliations, received September 6, 1798, from General Pinckney, manuscript. 12. Letter dated 12th May, 1799, from M. Talleyrand to Mr. Murray, containing the assurances. 13. Letter of credence to the French Directory, sealed with the seal of the United States. 14. One copy of the letter of credence. 15. Three sets of instructions for negotiating with the French Republic. 16. Form of the passport, or sea-letter, annexed to the treaty of February 6, 1798. 17. Printed sea-letter in four languages, as now used in the United States. 18. Papers on the affairs of St. Domingo: 1. Letter from General Toussaint, to the President of the United States, dated November 6, 1798; 2. Answer to ditto, from the Secretary of State, March 4, 1799; 3. Letter of instructions to Edward Stevens, Esq., Consul General, and marked No. 1, March 7, 1799; 4. Letter to Edward Stevens, Esq., No. 2, April 20, 1799; 5. Heads of regulations and points understood between the Governments of Great Britain and the United States; 6. Letter to Edward Stevens, Esq., No. 3, May 9, 1799; 7. Letter to Edward Stevens, Esq., No. 4, June 1; 8. Letter to Edward Stevens, Esq., No. 5, July 5; 9. President's proclamation for opening trade with St. Domingo. 19. Letter to General Desfourneaux, agent of the French Directory at Guadaloupe, declaring the terms on which trade might be opened with that island. 20. Letter of instructions to Samuel Cooper, Esq., sent to the Isle of France to propose terms for opening trade with that island. 21. Letter from Fulwar Skipwith, late Consul General of the United States at Paris, dated January 23, 1799, enclosing a letter from Mr. Talleyrand, dated 12th December, 1798, on the rôle d'équipage. 22. A cipher, for secret correspondence with the Department of State. 23. Personal passports for Judge Ellsworth and Governor Davie. 24. Passport for the frigate United States. 25. Letter to Judge Ellsworth and Governor Davie, mentioning the names of Consuls and agents of the United States in Spain, Portugal, and France. Mr. Ellsworth and Mr. Davie sailed from Newport, Rhode Island, on the 3d of November, having agreed to touch at Lisbon, before they made any port of France; arrived there on the 27th of November. Information of the revolution at Paris of the 18th Brumaire had just been received, and it was therefore thought expedient to remain long enough at that place to form some judgment of the consequences of that change in the French Government. Upon a conference on the 6th of December, the Envoys resolved on the measures detailed in the following letter to the Secretary of State: LISBON, December 7, 1799. SIR: We arrived at this place on the 27th ultimo. The late change in France, the circumstances of which we are informed will be fully detailed in Mr. Smith's despatches, and our desire to obtain a more accurate knowledge of the features and effects of this revolution before we entered that country, would have induced us to land in Holland, where we might join Mr. Murray, and be in a better situation to govern ourselves by circumstances; but Captain Barry apprehends it would hazard the frigate to attempt any port in Holland at this season of the year; we have, therefore, determined to sail immediately for L'Orient. From L'Orient we shall probably proceed to Paris, if we can be satisfied that our present letters of credence will avail us. You will doubtless consider, sir, of the expediency of sending us, with your first despatches, other letters of credence addressed to the Supreme Executive of France, or in a manner more particular, which may introduce us, if necessary, or sanction the progress we have made. We have the honor. &c., OLIVER ELLSWORTH, W. R. DAVIE. Hon. TIMOTHY PICKERING, Secretary of State. Mr. Ellsworth and Mr. Davie, being detained nine days by contrary winds, sailed on the 21st of December for L'Orient; a succession of heavy gales and continued bad weather then rendering it apparently impracticable to reach that place, they authorized Captain Barry to make any port the 16th of January, and the next day sent the in France or Spain, and arrived at Corunna on following letter to Ch. M. Talleyrand, Minister of the Exterior Relations of the French Republic. by a special courier: CORUNNA, January 17, 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 ten weeks since their leaving America, and the loss of four 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 by land. As they left the United States early in November, their letters of credence are, of course, addressed to "the Executive Directory of the French Republic." This circumstance being a matter of mere formality, they are induced to suppose 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 Republic. Should the Government view this cir Relations with France. cumstance in the same 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; and also that there may be granted, and that you would 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 the assurances of their high respect, OLIVER ELLSWORTH, WILLIAM R. DAVIE. MINISTER OF FOREIGN RELATIONS, &C. The following is the letter forwarded to William Vans Murray, Esq., mentioned in the above CORUNNA, January 17, 1800. DEAR SIR: We enclose to you a copy of our note to the Minister of Foreign Relations of the French Republic, from which you will learn our situation, and the steps we have taken to facilitate your progress and ours to Paris, where we hope soon to meet you for the accomplishment of a business which we all have so much at heart. Your letter of credence and your instructions are with With much respect and esteem, we are, dear sir, your obedient servants, us. OLIVER ELLSWORTH, WILLIAM R. DAVIE. WILLIAM VANS MURRAY, Esq. Captain Barry having received directions from the Envoys to wait the return of the courier to Corunna, in order to take their despatches for the Government, the following letter was written to the Secretary of State: BURGOS, February 10, 1800. SIR: We have the pleasure to enclose to you a copy of our letter No. 1, dated at Lisbon, and for warded from St. Ubes. We were detained in the Tagus by contrary winds till the 21st of December, when we sailed for L'Orient, under the expectation of making that port in seven or eight days; but, on the 24th, we encountered a severe gale, which blew with little intermission until the 2d of January, at which time it was ascertained that we had drifted as far as latitude 50, and to the west of Cape Clear. Observing that Captain Barry was extremely apprehensive of approaching any part of the French coast, on the Bay of Biscay, in bad weather, and as so much time had been already lost, we directed him to land us in any port of France or Spain that he could make with safety and convenience; he thought proper to choose the port of Corunna, and anchored in the Bay of Ares, a few leagues from that place, on the 11th of January. Being anxious to make the necessary preparations for our journey to Paris, and the wind continuing unfavorable for the sailing of the frigate to Corunna, we landed at the village of Puente d'Eume, and immediately after our arrival at Corunna, despatched a courier to Paris, with a letter addressed to the Minister of Foreign Relations, desiring the necessary passports, (a copy of which is enclosed, marked A.) covering also a letter to Mr. Murray, a copy of which (marked B.) you will receive under this enclosure. The above Envoys, in pursuance of the plan which they had adopted of going to Paris by land, left Corunna on the 24th of January, and arrived The necessary arrangements were made to meet at Burgos on the 9th of February, where they met the courier at Burgos, or Victoria, and he fortuthe courier returning from Paris, with the follow-nately reached this place yesterday, a few hours ing answer from the Minister of Exterior Rela tions: PARIS, 11th Pluviose, (30th January,) 8th year of the French Republic. GENTLEMEN: I have received the letter dated at Corunna, which you have done me the honor to write. I regret exceedingly that an unpleasant and protracted voyage has so long delayed your arrival in France. You are expected with impatience and will be received with warmth. The form which has been given to your letters of credence will occasion no obstacle to the opening of a negotiation, from which I dare anticipate the happiest results. No time will be lost in transmitting to Mr. Murray the letter intrusted to my care, to which will be added the necessary passports. The requisite passports will also be forwarded to you. Agreeably to your desire, I confide this packet to the courier whom you have despatched. Receive, gentlemen, the assurance of my high consideration. CH. MAU. TALLEYRAND. Messrs. ELLSWORTH and DAVIE, Envoys, &c., of the United States. before our arrival, charged with the despatches (marked C.) from Ch. M. Talleyrand, Minister of Exterior Relations, enclosing the passports requested in our letter written at Corunna. We regret exceedingly the time that must be consumed in a long and tedious journey by land. in the most rigorous and unfavorable season of the year; but after the ineffectual attempt to go to L'Orient by water, this measure appeared indispensable, notwithstanding any difficulties with which it might be connected. We expect to leave this place to-morrow, and flatter ourselves with the hope of arriving in Paris about the first of March. We have the honor to be, &c., OLIVER ELLSWORTH, WILLIAM R. DAVIE. Hon. TIMOTHY PICKERING, Secretary of State. The Envoys set out from Burgos on the 11th of February, and, taking the route by Bayonne, arrived in Paris on the 2d of March, where Mr. Murray had also arrived the preceding day. The following was delivered by Mr. Murray, as an extract from his journal: Relations with France. Mr. Semonville. the French Minister at the Hague, called on me on the 4th of February, and delivered to me a packet from Mr. Talleyrand, containing a passport, a letter from my colleagues Mr. Ellsworth and Mr. Davie, dated at Corunna, and the following letter: MARCH 30. The following note was addressed to the Minister of Exterior Relations: PARIS, 3d March, 1800, and of the Independence of the U. S. the 24th. CITIZEN MINISTER: The undersigned, Envoys Extraordinary and Ministers Plenipotentiary of the United States of America to the French Republic, have just met at this city, and request the favor of you to inform them at what time it may be convenient to you to receive a visit from them. Accept, Citizen Minister, the assurance of their OLIVER ELLSWORTH, W. R. DAVIE, W. V. MURRAY. PARIS, 11th Pluviose, (30th January,) 8th year of the French Republic. SIR: I have received information that the Plenipotentiaries of the United States, after a long and difficult voyage, have arrived at Corunna. They have forwarded to me the enclosed letter, which I hasten to transmit to you. I avail my-high consideration. self of this occasion to enclose a passport, which may be necessary on your repairing to Paris. While indulging the hope that you will speedily join your colleagues, I felicitate myself upon the prospect that the time will soon arrive, when, by a frank and full discussion, a termination will be put to the difficulties existing between the Republic of France and the United States, and when the two nations will be restored to that friendly and harmonious intercourse which ought never to have been suspended. Receive, sir, the assurance of my high consideration. CH. MAU. TALLEYRAND. To Mr. MURRAY, Envoy, &c., of the U. S. at the Hague. To which I returned the following answer: THE HAGUE, February 4, 1800. CITIZEN MINISTER: Mr. Semonville, the Minister Plenipotentiary of the French Republic, had the goodness to-day to deliver to me himself the letter of the 31st último, which you did me the honor to write, enclosing passports for myself, family, and baggage, and a letter from my colleagues. Mr. Ellsworth and Mr. Davie; accept my thanks for this communication. I shall immediately prepare for my new destination, one from which I now permit myself to hope a restoration of that harmony which certainly ought not to have been so cruelly interrupted. May I ask a repetition of an act of politeness in requesting that the enclosed may be delivered to my colleagues, who I hope will be in Paris immediately. Accept, Citizen Minister, the assurance of my high consideration. W. V. MURRAY. TO CITIZEN TALLEYRAND, Minister, &c., of the French Republic. On the 10th, I requested personally of Mr. Vem. der Goes, the Minister of Exterior Relations, an audience of leave. This was fixed for the 13th, when I took a temporary leave of the Batavian Directory, and on the 17th set out for Paris. The severity of the season, and a two days' illness of Mrs. Murray on the road, prevented me from making a journey, generally made in five days, in less than thirteen. On Saturday evening, the 1st March, I arrived at Paris, and the next day had the pleasure of seeing Mr. Ellsworth and Mr. Davie arrive. To Citizen TALLEYRAND, Minister of Exterior Relations, &c. Minister, in answer to the above, and the demand The Minister of Exterior Relations to Messrs. Oliver PARIS, 13th Ventose, (3d March,) year 8 of the French Republic. GENTLEMEN: The information which you have just communicated, of your arrival at Paris, has given me real satisfaction. If you will take the trouble to call upon me at half-past twelve tomorrow, I will be exceedingly gratified at having the honor to receive you. Accept, gentlemen, the assurance of my high consideration. CH. MAU. TALLEYRAND. The Minister of Exterior Relations to Messrs. Ells- PARIS, 14th Ventose, (4th March,) GENTLEMEN: I have the honor to inform you MARCH 8th, (17th Ventose.) The Envoys were received by the Premier Consul, in the manner required by their instructions. Citizens Joseph Bonaparte, Fleurieu, and Rederer, being appointed by the Premier Consul, on the 13th Ventose, Ministers Plenipotentiary for the purpose of negotiating with the Ministers Plenipotentiary and Envoys Extraordinary of the United States, upon the differences existing be tween the two States, this event was announced Relations with France. PARIS 18th Ventose, (8th of March,) 8th year of the French Republic, one and indivisible. GENTLEMEN: I have the honor to inform you that the First Consul of the Republic has just appointed Citizens Joseph Bonaparte, ex-Ambassador at Rome, Fleurieu, late Minister of Marine, and Roederer, Counsellor of State, Ministers Plenipotentiary, to treat with you concerning the differences existing between the two nations, to effect the accommodation which they mutually desire, and to fulfil the wish, expressed by the two Governments, to remove a misunderstanding which comports as little with their interests as with their sentiments. Receive, gentlemen, the assurance of my high consideration. CH. MAU. TALLEYRAND. The Envoys Extraordinary and Ministers Plenipotentiary of the United States of America to the Minister of Exterior Relations of the French Republic. PARIS, March 9, 1800. CITIZEN MINISTER: The undersigned, Envoys Extraordinary of the United States, have the honor to acknowledge your letter of yesterday, announcing to them that the Premier Consul of the Republic had named the Citizens Joseph Bonaparte, ex-Ambassador at Rome, Fleurieu, late Minister of Marine, and Ræderer, Counsellor of State, as Ministers Plenipotentiary to treat with them on the differences existing between the French Republic and the United States of America. The Government of the United States, being always assured that the interests of both nations would be essentially promoted by the re-establishment of confidence and harmony between the two countries, is sincerely desirous to adjust all existing differences, and to restore between them that understanding and friendly intercourse so congenial to her wishes, and so essential to their mutual prosperity. The agreeable and interesting task of effecting these great objects has been committed, on the part of the United States, to the undersigned, and they will be ready to enter upon that business as soon as the Ministers Plenipotentiary of the French Republic shall signify that they are ready to commence the negotiation. Accept, Citizen Minister, the assurances of their high consideration. OLIVER ELLSWORTH, The Envoys of the United States having thus informed the Minister of Exterior Relations of their readiness to enter on the business of the negotiation, as soon as it would be convenient for the Ministers of the French Republic, they waited until the 14th for some intimation from them on that subject: none, however, being then received, they agreed to address the following note to Messrs. Joseph Bonaparte, Fleurieu, and Ræderer, the Ministers announced in the above communication: The Envoys Extraordinary and Ministers Plenipotentiary of the United States of America to the Ministers Plenipotentiary of the French Republic. PARIS, March 15, 1800. MINISTERS: The undersigned had the pleasure to be informed of your appointment as Ministers Plenipotentiary to treat with them on the differences existing between the French Republic and the United States, by a letter from the Minister of Exterior Relations, under date of the 18th Ventose. The necessary previous measures appearing now to be taken by both Governments, it remains with their Ministers to have their wishes fulfilled: and the undersigned permit themselves to hope that the strange phenomenon of a misunderstanding between the French Republic and the United States of America will soon disappear. They will have the honor to meet the Ministers Plenípotentiary of the French Republic at such time and place as they may prefer, for the exchange of and to learn how soon it will be convepowers, nient for them to commence the negotiation. Accept, Ministers, the assurances of their high con sideration. OLIVER ELLSWORTH, WILLIAM R. DAVIE, WILLIAM V. MURRAY. MARCH 27th. The Envoys had received no answer to their note of the 15th, but had been informed, verbally, that the delay was much regretted by the French Government and the Ministers, and that it was occasioned by the indisposition of Mr. Joseph Bonaparte, President of the French Commission, who, in a note to the Envoys, of this date, announced his recovery. The French Ministers, however, continuing silent, the Envoys addressed the following note to them, on the morning of the 29th; and, in the afternoon of the same day. received the note under date of the 8th Germinal, (same date:) The Envoys Extraordinary and Ministers Plenipotentiary of the United States of America to Citizens J. Bonaparte, Fleurieu, and Ræderer, Ministers Plenipotentiary of the French Republic. PARIS, March 29, 1800. CITIZEN MINISTERS: The undersigned are happy to learn that the indisposition of Mr. Bonaparte, which has so unfortunately retarded the commencement of the negotiation, is at length removed: and, impressed as they are with the importance of their mission, and the urgency of existing circumstances, they take again the liberty |