Article 30. The veffels of the United States ought to be admitted into France in the fame manner as the veffels of France 'àre admitted into the ports of the United States. But fuch a ftipulation ought not to authorize the admiffion of veffels of either party into the ports of the other, into which the admiffion of all foreign veffels fhall be forbidden by the laws of France and of the United States refpectively. With this reftriction, the principles of the 14th article of the treaty with Great Britain afford a liberal and unexceptionable precedent. A restriction like that here referred to will be found in the first paragraph of the third article of the British treaty.

The commerce to the French colonies in the Eaft and West Indies will doubtlefs be more or lefs reftricted, according to the ufage of other European nations. Yet, on account of the difarranged condition of the French navigation, probably a larger latitude of trade with their colonies will be readily permitted for a term of years: and perhaps the mutual advantages thence refulting will be found fo great as to induce afterwards a prolongation of that term, to which the courfe or habit of business may contribute.

While between the United States and France there fhall fubfift a perfect reciprocity in refpect to commerce, we must endeayour to extend our trade to her colonies to as many articles as poffible. Of these the most important are, provifions of all kinds, as beef, pork, flour, butter, cheese, fish, grain, pulfe, live ftock, and every other article ferving for food, which is the produce of the country, horfes, mules, timber, plants, and wood of all kinds, cabinet ware, and other manufactures of the United States; and to obtain in return all the articles of the produce of those colonies, without exception; at least to the value of the cargoes carried to thofe colonies.

There have been different conftructions of the confular convention. The French have contended for the execution of their confular decifions by the marshal or other officer of the United States; and their minifter of juflice has formally ftated, in a report to the minifter of foreign affairs, that the judicial fentences of the American confuls in France will be executed by certain officers of justice in that country. The legal opinion of the law officers of the United States, which the government had adopted, opposes fuch a conftruction. The French have alfo contended, that deferters from French veffels ought to be apprehended by the judicial officers of the United States, upon other evidence than the original fhipping paper, or role d'equipage; whereas the diftrict judges have infifted, that the confular convention requires the original roll to be produced. This claim was lately revived by the confulgeneral of the French Republic. The correfpondence on this

occafion

occafion will be joined to the other documents which accompany thefe inftructions.

The United States cannot confent to the erecting, of foreign tribunals within their jurifdiction. We confider the judicial authority of confuls, as defcribed in the confular convention, to be voluntary, not compulfory, in the country where they refide; and that their decifions, if not obeyed by the parties refpectively, muft be enforced by the laws of their proper country: and fuch a provifion you will fee has been made in France, where a penalty of 1400 livres is impofed on the citizen who refuses, obedience to a confular decifion in a foreign ftate.

The confular conftitution will expire in about four years; and if any great difficulties arife in the fettling the terms of a new one,, that which exifts must take its courfe; but if the French government should be filent on the fubject of a confular convention, filence may be obferved on our part.

The ports of the United States being frequented by the veffels of different belligerent powers, it became neceffary to regulate the times of their failing. The Prefident, therefore, adopted what was understood to be the received rule in Europe; and ordered, that after the failing of a veffel of one of the belligerent. powers, twenty-four hours fhould elapfe before an armed veffel of an enemy of the former fhould fet fail. This rule has not been duly refpected by the armed veffels of France and Great Britain.

As the tranquillity of the United States requires that no hoftile movements be commenced within their jurifdiction, and the interefts of commerce demand an entire freedom to the departure of vellels from their ports, it may be expedient exprefsly to recog nife the above mentioned rule.

It will alfo be expedient to agree on the extent of territorial jurifdiction on the fea-coaft, and in what fituation bays and founds" may be faid to be land-locked, and within the jurifdiction of the fovereign of the adjacent country.

On the fuppofition that a treaty will be negotiated to alter and amend the treaties which now exift between France and the United States, the following leading principles, to govern the negotiation, are fubjoined:

1. Confcious integrity authorizes the government to infift, that no blame or cenfure be directly or indirectly imputed to the United States. But, on the other hand, however exceptionable in the view of our own government, and in the eyes of an impartial world, may have been the conduct of France, yet he may be unwilling to acknowledge any aggreffions, and we do not with to wound her feelings or to excite refentment. It will, therefore, be best to adopt on this point the principle of the British treaty, and "terminate our differences in fuch manner, as, without referring

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ferring to the merits of our refpective complaints and pretenfions, may be the best calculated to produce mutual fatisfaction and good understanding."

2. That no aid be stipulated in favour of France during the prefent war.

3. That no engagements be made inconfiftent with the obligations of any prior treaty.

4. That no restraint on our lawful commerce with any other nation be admitted.

5. That no ftipulation be made, under colour of which, tribunals can be eftablished within our jurifdi&tion, or perfonal privileges claimed by French citizens, incompatable with the complete fovereignty and independence of the United States in matters of policy, commerce, and government.

It will be expedient to limit the duration of the treaty to a term of from ten to twenty years. Such changes in the circumstances of the two parties are likely to happen within either of those periods, as to give one or both good reafon to defire a change in the conditions of the treaty. From this limitation may be excepted fuch articles as are declaratory of a ftate of peace, or as are intended to regulate the conduct of the two nations at the commencement of, or during a state of war, or which are founded in morality and juftice, and are in their nature of perpetual obligation. Of this kind may be confidered the 10th article of the treaty with Great Britain; which therefore may very properly be introduced into the treaty with France.

Finally, the great object of the government being to do juftice to France and her citizens, if in any thing we have injured them; to obtain juftice for the multiplied injuries they have committed against us; and to preferve peace; your ftyle and manner of proceeding will be fuch as fhall moft directly tend to fecure thefe objects. There may be fuch a change of men and meafures in France as will authorize, perhaps render politic, the use of strong language, in defcribing the treatment we have received. On the other hand, the French government may be determined to fruftrate the negotiation, and throw the odium on this country; which cafe, any thing like warmth and harfhnefs would be made the pretext. If things remain in their prefent fituation, the style of reprefentation will unite, as much as poffible, calm dignity with fimplicity, force of fentiment with mildnefs of language, and be calculated to imprefs an idea of inflexible perfeverance, rather than of diftruft or confidence.

With thefe inftructions you will receive the following docu

ments :

1. The printed flate papers, containing the correfpondence between the fecretary of ftate and the French minifter, Mr. Genet.

2. The letter dated January 16th, 1797, from the fecretary of ftate to General Pinckney, and the documents therein referred to, in which all the known complaints of the French government, fince the recall of Mr. Genet, are exhibited and difculled.

3. A report from the fecretary of ftate to the Houfe of Reprefentatives, dated the 27th of February 1797, exhibiting the itate of American claims which had been prefented to the French government (but few of which had been fatisfied), together with fome other information relative to the depredations by the officers and people of that nation on the commerce of the United States.

4. A report made by the fecretary of ftate to the Prefident of the United States, on the 21ft of June 1797, and by him laid before. Congrefs on the 22d.

5. Certain original depofitions, protests, and other papers, relative to the French fpoliations on the commerce, and perfonal infults and injuries to the citizens, of the United States.

6. The documents laid before the House of Reprefentatives the 17th of May 1797, relative to General Pinckney's miffion to Paris, and comprehending fome papers relative to the capture and condemnation of American veffels by the French.

7. The correfpondence with the French conful-general Letombe.

TIMOTHY PICKERING, Secretary of State.

Credence for Meffrs. Pinckney, Marshall, and Gerry, Envoys to

France.

John Adams, Prefident of the United States of America, to the Executive Directory of the French Republic.

Citizens Directors,

DESIROUS of terminating all differences between the United States of America and the French republic, and of reftoring that harmony and good underftanding, and that commercial and triendly intercourfe, which, from the commencement of their political connexion, until lately, have fo happily fubfifted, I have nominated, and by and with the advice and confent of the Senate of the United States, appointed Charles Cotefworth Pinckney, John Marshall, and Elbridge Gerry, diftinguished citizens of thefe States, jointly and feverally, envoys extraordinary and minifters, plenipotentiary to the French republic, for the purpose of accomplishing the great objects above mentioned: wherefore I pray you, Citizens Directors, to give full credence to what they and each of them fhall fay to you in these refpects, in behalf of the United

States,

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States, and alfo when they fhall affure you of the fincerity of our wishes for the welfare of the French republic.

Given under my hand, and the great feal of the United States of America, at Philadelphia, the 13th day of July, in the year 1797, and of the independence of thefe States the twenty-fecond.

By the Prefident of the United States,

JOHN ADAMS.

TIMOTHY PICKERING, Secretary of State.

Full Powers to Mers. Pinckney, Marshall, and Gerry, Envoys to France.

John Adams, Prefident of the United States of America, to all whom thefe Prefents fhall concern, greeting:

KNOW ye, That, for the purpose of terminating all differences between the United States of America and the French republic, and of reftoring and confirming perfect harmony and good understanding, and re-establishing a commercial and friendly intercourfe between them, and repofing efpecial truft and confidence in the integrity, prudence, and abilities of Charles Cotefworth Pinckney, John Marthall, and Elbridge Gerry, citizens of the faid United States, I have nominated, and by and with the advice and confent of the Senate appointed, the faid Charles Cotefworth Pinckney, John Marshall, and Elbridge Gerry, jointly and feverally, envoys extraordinary and minifters plenipotentiary of the United States to the French republic, hereby giving and granting to them, and any and each of them, full power and authority, and alfo a general and fpecial command, for and in the name of the United States, to meet and confer with the minifters, commiffioners, or deputies of the French republic, being furnished with the like full powers, whether separately or jointly, and with them to treat, confult, and negotiate, of and concerning all claims, and all matters and caufes of difference fubfifting between the United States and the French republic, for the purpose of fatisfying and terminating the fame in a juft and equitable manner; and alfo of and concerning the general commerce between the United States and France, and all other the dominions of the French republic; and to conclude and fign a treaty or treaties, convention or conventions, touching the premises; tranfmitting the fame to the Prefident of the United States of America for his final ratification, by and with the advice and confent of the Senate of the United States, if fuch advice and confent fhall be given.