THE underfigned Minifter Plenipotentiary of the French Republic, in conformity to the orders of his Government, has the honour of tranfmitting to the Secretary of State of the United States, a Refolution taken by the Executive of the French Republic, on the 11th Miffidor, 4th year, relative to the conduct which the fhips of war of the Republic are to hold towards neutral veffels. The flag of the Republic will treat the flag of Neutrals in the fame manner as they fhall fuffer it to be treated by the English.

The fentiments which the American Government have manifefted to the Underfigned Minifter Plenipotentiary, do not permit him to doubt, that they will fee in its true light this meafure, as far as it may concern the United States, and that they will alfo feel, that it is dictated by imperious circumstances, and approved by juftice.

Great Britain, during the War fhe has carried on against the Republic, has not ceafed ufing every means in her power to add to that fcourge, fcourges till more terrible. She has used the well known liberality of the French nation to the detriment of that nation. Knowing how faithful France has always been in the obfervance of her Treaties; knowing that it was a principle of the Republic to refpect the flags of all Nations, the British Government, from the beginning of the War, has caufed neutral veffels, and in particular American veffels, to be detained, taken them into their ports, and dragged from them Frenchmen and French property. France, bound by a Treaty with the United States, could find only a real difadvantage in the Articles of that Treaty, which caufed to be refpected as American property, English property found on board American veffels. They had a right, under this confideration, to expect that America would take steps in favour of her violated neutrality. One of the predeceffors of the underfigned, in July 1793, applied on this fubject to the Government of the United States; but he was not fuccessful. NeVOL. XXXI. FEB. 1797

vertheless, the National Convention, who, by their Decree of the 9th May 1793, had ordered the feizure of endmy's property on board neutral veffels, declaring at the fanie time, that the measure should ceafe when the English fhould refpect neutral flags, had excepted, on the 23d of the fame month, the Americans from the operation of this general order. But the Convention was obliged foon to repeal the law which contained this exception fo favourable to Americans: the manner in which the English conducted themfelves, the manifeft intention they had to ftop the exportation of provifions from America to France, rendered it

unavoidable.

The National Convention, by this, had reftored the equilibrium of neutrality which England had deftroyed; had dif charged their duty in a manner justified by a thoufand paft examples, as well as by the neceffity of the then exifting moment. They might, therefore, to recall the orders they had given to feize the enemy's property on board American veffels, have waited till the British Government had firft definitively revoked the fame crder, a fufpenfion only of which was produced by the embargo laid by Congrefs the 26th of March 1794; bug as foon as they were informed that, under orders of the Government of the United States, Mr. Jay was directed to remon ftrate against the vexatory measures of the English, they gave orders, by the law of the 13th Nivole, 3d year, to the fhips of war of the Republic to refpect Ame rican veffels, and the Committee of Public Safety, in their explanatory Refolve of the 14th of the fame month, hattened to fanction the fame principles. The National Convention and the Committee of Public Safety had every reafon to believe that this open and liberal conduct would determine the United States to ufe every effort to put a stop to the vexations impofed upon their commerce, to the injury of the French Republic. They were deceived in this hope; and though the Treaty of friendship, navigation, and commerce, between Great Britain and the United States, had been figned fix weeks before France adopted the measure I have just fpoken of, the English did not abandon the plan they had formed, and continued to ftop and carry into their ports all AmeriS

can

pofed fpecial obligations. Where no Treaties exift, the Republic, by feizing and confifcating the property of their enemies, found on board neutral veffels, would only exercise an acknowledged right under the law of nations. If, towards fuch neutral nations, the French Republic has forborne to execute this right, the forbearance has been perfectly gramuitous. The United States, by virtue of their Treaty of Commerce with France, ftand on different ground.

In the year 1778, France voluntarily entered into a Commercial Treaty with us, on principles of perfect reciprocity, and exprefsly ftipulating that free ships should make free goods: that is, if France fhould be at war with any Nation, with whom the United States fhould be at peace, the goods (except contraband) and the perfons of her enemies (foldiers in actual fervice excepted) found on board the vellels of the United States were to be free from capture. On the other hand if the United States fhould engage in war with any Nation, while France remained at peace, then the goods (except contraband) and the perfons of our enemies (foldiers in actual service excepted) found on board French veffels, were alfo to be free from capture. This is plainly expreffed in the 23d Article of that Treaty, and demonftrates that the reciprocity thereby ftipulated was to operate at different periods-that is, at one time in favour of one of the contracting parties, and of the other at another time. At the prefent time, the United States being at peace, they poffefs by the Treaty the right ef carrying the goods of the enemies of France without fubjecting them to capture. But what do the fpirit of the Decree of the Executive Directory and the cur Tent of your obfervations require? That the United States fhould now gratuitously renounce this right. And what reafon is affigned for denying to us the enjoyment of this right? Your own words furnish the answer: "France, bound by treaty to the United States, could find only a real difadvantage in the articles of that Treaty, which caused to be respected as American property English property found on board American veffels." This requifition, and the reafon affigned to fupport it, alike excite furprize. The American Government, Sir, confcious of the purity of its intentions, of its impartial obfervance of the laws of neutrality, and of its inviolable regard to Treaties, cannot for a moment admit, that it has forfeited the right to claim a reciprocal obfervance of ftipulations en the part of the French Republic, whose

The captures made by the British of American veffels, having French property on board, are warranted by the law of nations. The force and operation of this law was contemplated by France and the United States, when they formed their Treaty of Commerce, and their fpecial ftipulation on this point was meant as an exception to an univerfal rule; neither our weakness nor our ftrength have any choice, when the queftion concerns the obfervance of a known rule of the law of nations.

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You are pleased to remark, that the conduct of Great Britain in capturing veffels bound to and from French ports had been the subject of a Note, which, on of the 29th September 1795, was addreffed to the Secretary of State, but which remained without an anfwer. Very fufficient reafons may be affigned for the omif fion. The fubject, in all its afpects, had been officially and publicly difcuffed, and the principles and ultimate measures of the United States founded on their indisputable rights were as publicly fixed. But if the fubject had not, by the previous difcuffions, been already exhaufted, can it be a matter of furprise that there should be a repugnance to answer a letter containing fuch infinuations as these :

"It must then be clear to every man, who will difcard prejudices, love, hatred, and, in a word, all the paffions which lead the judgment aftray that the French Republic have a right to complain, if the American Government fuffered the English to interrupt the Commercial Rela tions which exift between her and the United States: if, by a perfidious condefcenfion, it permitted the English to violate a right which it ought, for its own bonour. and intereft, to defend: if, under the cloak of neutrality, it prefented to England a paniard to cut the throat of its faithful ally: if, in fine, partaking in the tyrannical and bomicidal rage of Great Britain, it concurred to plunge the People of France into the horrors of Famine!" For the fake of preferving harmony, filence was preferred to a comment upon thefe infinuations.

You

You are also pleased to refer to your letters of March and April laft, relative to impreffes of American feamen by Britifh fhips, and complain that the Government of the United States had not made known to you the fteps they had taken to obtain fatisfaction. This, Sir, was a matter which concerned only that Government. As an independent nation, we were not bound to render an account to any other of the measures we deemed proper for the protection of our own citizens; To long as there was not the flightest ground to fufpect that the Government ever acquiefced in any aggreffion.

But permit me to recur to the subject of the Decree of the Executive Directory. As before obferved, we are officially informed that the British Government have iffued no new orders for capturing the veffels of the United States. We are alfo officially informed, that on the appearance of the notification of that Decree, the Minifter of the United States, at Paris, applied for information, "Whether orders were iffued for the feizure of neutral veffels, and was informed, that no fuch order was iffued, and further, that no fuch order would be iffued, in cafe the British did not feize our vefels."-This communication from the Minifter of the United States at Paris, to their Minister at Lon-, don, was dated the 28th of Auguft. But the Decree of the Directory bears date the 14th Mellidor, anfwering to the 2d of July. Thefe circumftances, together with fome obfervations in your Note, leave the American Government in a state of uncertainty of the real intentions of the Go vernment of France. Allow me then to ask, Whether, in the actual state of things, our commerce is confidered as liable to fuffer any new reftrictions on the part of the French Republic? Whether the restraints now exercited by the British Government are confidered as of a nature to juftify a denial of thofe rights, which are pledged to us by our Treaty with your nation? Whether orders have been actually given to the fhips of war of the French Republic to capture the veffels of the United .States? and what, if they exist, are the precife terms of those orders?

These questions, Sir, you will fee, are highly interesting to the United States.It is with extreine concern, that the Governiment finds itfelf reduced to the neceffity of alking an explanation of this nature; and if it shall be informed that a new line of conduct is to be adopted towards this country, on the ground of the Decree referred to its furprife will equal

its regret, that principles fhould now be queftioned, which, after repeated difcuf fions, both here and in France, have been demonftrated to be founded, as we conceive, in the obligations of impartial neutrality, of ftipulations by Treaty, and of the Law of Nations.-I hope, Sir, you will find it convenient, by an early anfwer, to remove the fufpence in which the Government of the United States is now held on the question above stated.

I fhall clofe this letter by one remark on the fingularity of your caufing the publication of your Note.-As it concerned the United States, it was properly addreffed to its Government, to which alone pertained the right of communicating it, in fuch time and manner as it should think fit, to the Citizens of the United States. I am, Sir, With great refpect,

Your most obedient Servant,
TIMOTHY PICKERING.

Philadelphia, Nov. 3, 1796. To Mr. Adet, Minifter Plenipotentiary of the French Republic.

Fellow Citizens of the Senate, and

of the House of Reprefentatives, IN recurring to the internal fituation of our country, fince I had laft the plea fure to addrefs you, I find ample reafon for a renewed expreffion of that grati tude to the Ruler of the Univerfe, which a continued feries of profperity has fo often and fo juftly called forth.

The Acts of the laft Seffions, which required fpecial arrangements, have been, as far as circumftances would admit, carried into operation.

Measures calculated to enfure a continuance of the friendship of the Indians, and to preferve peace along the extent of our interior frontier, have been digefted and adopted. In the framing of thefe, care has been taken to guard, on the one hand, our advanced fettlements from the predatory incursions of those unruly individuals, who cannot be reftrained by their tribes; and, on the other hand, to protect the rights fecured to the Indians by Treaty; to draw them

ncarer

nearer to the civilized ftate, and infpire them with correct conceptions of the power, as well as juftice, of the Go

vernment.

The meeting of the Deputies from the Creek nation at Colerain, in the State of Georgia, which had for a principal object the purchase of a parcel of their land by that State, broke up without its being accomplished; the nation having, previous to their departure, inftructed them agaiuft making any fale; the occafion, however, has been improved, to confirm by a new Treay with the Creeks, their pre-exifting engagements with the United States, and to obtain their confent to the eftablishment of trading houfes and military pofts within their boundary, by means of which their friendship and the general peace may be more effe&ually fecured.

The period during the late Seffion, at which the appropriation was paffed, for carrying into effect the Treaty of Amity, Commerce, and Navigation between the United States and his Britannic Majefty, neceffarily procraftinated the reception of the pots ftipu lated to be delivered beyond the date affigned for that event. As foon, how ever, as the Governor General of Canada could be addreffed with propriety on the fubject, arrangements were cordially and promptly concluded for their evacuation, and the United States took poffellion of the principal of them, comprehending Ofwego, Niagara, Detroit, Michalimakinac, and Fort Miami, where fuch repairs and additions have been ordered to be made as appeared indifpenfible.

The Commiffioners appointed on the part of the United States and of Great Britain, to determine which is the river St. Croix, mentioned in the Treaty of Peace of 1783, agreed in the choice of Egbert Benton, Efq. of New York, for the third Commiffioner. The whole met at St. Andrew's, in Paffamaquoddy Bay, in the beginning of October, and directed furveys to be made of the rivers in difpute; but deeming it impracticable to have these furveys completed before the next year, they adjourned to meet a: Bolton in August 1797, for the final decifion of the question.

Other Commiffioners appointed on the part of the United States, agreeably to the feventh article of the Treaty with Great Britain, relative to captures and condemnation of veffels

and other property, met the Commif Loners of his Britannic Majefty in London, in Auguft laft, when John Trumbull, Efq. was chofen by lot for the fifth Commiflioner. In October following the Board were to proceed to business. As yet there has been no communication of Commiffioners on the part of Great Britain to unite with thofe who have been appointed on the part of the United States, for carrying into effect the fixth article of the Treaty.

The Treaty with Spain required that the Commiffioners for running the boundary line between the territory of the United States and his Catholic Ma jefty's Provinces of Eaft and Weft Florida, fhould meet at the Natches, before the expiration of fix months after the exchange of the ratifications, which was effected at Ararjuez on the 25th day of April, and the troops of his Cattolic Majefty occupying any pofts within the limits of the United States were within the fame period to be withdrawn.-The Commitlioner of the United States, therefore, commenced his journey for the Natches in September, and troops were ordered to occupy the pofts from which the Spanish garrifon thould be withdrawn. Information has been recently received of the appointment of a Commiffioner on the part of his Catholic Majefty for running the boundary line, but none of any appointment for the adjustment of the claims of our Citizens, whofe veffels were captured by the armed veffels of Spain.

In pursuance of the Act of Congress, paffed in the laft Seffion, for the protection and relief of American Seamen, Agents were appointed, one to refide in Great Britain, and the other in the Wett Indies. The effects of the Agency in the West Indies are not yet fully afcertained; but thofe which have been communicated afford grounds to believe, the measure will be beneficial. The Agent deftined to refide in Great Britain, declining to accept the appoint ment, the bufinefs has confequently devolved on the Minifter of the United States in London; and will command his attention, until a new Agent shall be appointed.

After many delays and difappointments arifing out of the European War, the final arrangements for fulfilling the engagements made to the Dey and Regency of Algiers, will, in all prefent appearance, be crowned with fuccefs; but under great, though in

evitably