On this fubject then the undersigned appeal with confidence to the justice and equity of the French government. But could it be conceded for a moment that the Executive Directory might rightfully modify the treaty of France with the United States, by that of the United States with Britain; and might rightfully require a role d'equipage in order to establish the neutrality of a veffel, for want of which the veffel might be confifcated, yet the cargo being proved to be neutral ought to be fafe. According to the law of nations, the goods of an enemy found on board the thip of a friend are liable to capture, and the goods of a friend found on board the fhip of an enemy are fafe. The United States and France have confented to change this rule as between themselves. They have agreed, that the goods of ant enemy found on board the veffels of either party fhall be safe, and that the goods of either found on board the veffel of an enemy fhall be liable to capture. The one part of this rule is in confequence of, and dependent on the other. The one part cannot on any principle of juftice be abandoned while the other is main-tained: In their treaty with England the United States retain unchanged the principle of the law of nations. If France modifies her treaty in this refpect by that of England, the ought to take the principle entire. If, in conformity to the treaty bes tween the United States and England, France claims the right of taking enemies property found on board an American fhip, then, in conformity with their treaty alfo, France ought to fpare American property found on board an enemy's fhip. If, therefore, this extraordinary pofition could be maintained, that an Américan fhip without a role d'equipage becomes the fhip of an enemy, ftill the cargo being proved to be the property of a friend, ought, on the principle of modifying the treaty between the two nations by that with England, to have been restored to the owners. The refult of these regulations has been the most extenfive and univerfal devaftation of the American commerce. Not only veffels bound to and from the enemies of France, but veffels bound fo and from her allies, and to and from her own ports, have been seized and confiscated. The inevitable confequence has been, that direct commerce between the two nations is almoft annihilated, and that the property of American citizens has been taken to a much larger amount than would have been poffible in a state of actual war. Yet the government of the United States, withing, if it be poffible, to avoid even defenfive meafüres, has fought affiduously and unremittingly, though hitherto without fuccefs, for fuch peaceful and amicable explanations as might do away exifting animofities, animofities, and reftore between the two republics that harmony which it fo truly defires. America has accustomed herself to perceive in France only the ally and the friend. Confulting the feelings of her own bofum, fhe has believed that between republics an elevated and refined friendship could exift, and that free nations were capable of inaintaining for each other a real and permanent affection. If this pleafing theory, erected with fo much care, and viewed with fo much delight, has been impaired by experience, yet the hope continues to be cherished that this circumftance does not neceffarily involve the oppofite extreme. It is believed that there exifts no fufficient caufe for folid and permanent enmity between France and the United States; but that, on the contrary, the interefts of both would be promoted by that friendly intercourfe, which a reciprocal obfervance of the great and immutable principles of juftice would certainly establish, and can alone preferve. Under this impreffion America refifts the opinion, that the prefent ftate of things has grown out of a digested system to which France defigns to adhere. She wifhes and the endeavours to perfuade herself that temporary caufes, which too often produce effects a found and just policy muft reprobate, connected with a mifconftruction of the conduct of her government, as well as of the motives on which it has acted, may have occafioned thofe very ferious aggreffions of which the complains. She recedes, therefore, even under the preffure of thefe aggreffions, flowly and with difficulty from the attachments fhe has formed. So intertwined with every ligament of her heart have been the cords of affection which bound her to France, that only repeated and continual acts of hoftility can tear them asunder. The government of the United States, therefore, fill fearches the means of terminating peacefully, and in a manner which ought to be mutually fatisfactory, the calamities of the moment, and of averting the ftill greater calamities which may be referved for the future. Not even the difcouraging and unusual events which had preceded the prefent effort to negotiate, could deter that government from repeating its endeavours for the preservation of amity and peace. Three citizens of the United States have been deputed as envoys extraordinary and minifters plenipotentiary to the French republic. Their inftructions authorize and direct them to review the exifting treaties between the two nations, and to remove, by all proper means, the inequalities which have grown out of the ftipulations of thofe treaties, in confequence of the refufal of England to adopt the principles they contain. They are alfo directed to give fair and complete explanations of the conduct of the government they reprefent; to ftate fully and truly the heavy injuries which their fellow-citizens have sustained; fuftained; and to afk from the equity of a great and magnanimous republic, that compenfation for thofe injuries which we flatter ourfelves their juftice will not refufe, and their liberal policy will not hesitate to give. Bringing with them the temper of their government and country, fearching only for the means of effecting the objects of their miffion, they have permitted no perfonal confiderations to influence their conduct, but have waited under circumftances beyond meafure embarraffing and unpleafant, with that refpect which the American government has fo uniformly paid to that of France, for permiffion to lay before you, Citizen Minister, those important communications with which they have been charged. Perceiving no probability of being allowed to enter in the ufual forms, on thofe difcuffions which might tend to restore harmony between the two republics, they have deemed it moft advifable, even under the circumftances of informality which at tend the meafure, to addrefs to your government, through you, this candid review of the conduct, and this true reprefentation of the fentiments and wishes, of the government of the United States. They pray that it may be received in the temper with which it is written, and confidered as an additional effort, growing out of a difpofition common to the government and people of America, to cultivate and restore, if it be poffible, harmony between the two republics. If, Citizen Minilter, there remains a hope that these defirable objects can be effected by any means which the United States have authorized, the underfigned will ftill refpectfully attend the developement of thofe means. If, on the contrary, no fuch hope remains, they have only to pray that their return to their own country may be facilitated, and they will leave France with the most deep-felt regret, that neither the real and fincere friendship which the government of the United States has fo uniformly and unequivocally difplayed for this great republic, nor its continued efforts to demonftrate the purity of its conduct and intentions, can protect its citizens, or preferve them from the calamities which they have fought by a juft and upright conduct to avert. The undersigned pray you, Citizen Minifter, to accept the affurances of their perfect refpect and confideration. Paris, January 17th, 1798, in the 22d Year of American Independence. VOL. VII. M m Tranflated Tranflated Extract from the Bulletin des Lois, No. 178, printed at Paris, and enclofed with the Quadruplicate of the Envoys' Letter, No. VI. Law relative to Veffels laden with English Merchandise of the 29th Nivose, 6th Year (18th Jan. 1796). THE Council of Ancients adopting the reafons for the declaration of urgency, which precede the refolution hereinafter contained, approves the act of urgency. [Here follows the tenour of the declaration of urgency, and of the refolution of the 22d Nivofe (11th Jan. 1798).] The Council of Five Hundred, after having heard the report of a special committee upon the meffage of the Executive Directory of the 15th Nivofe (4th January) relative to English merchandise ; Confidering that the intereft of the republic demands the most prompt measures against all veffels which may be loaded therewith, declares that there is urgency. The Council, after having declared the urgency, refolves as follows: Art. 1. The character of veffels relative to their quality of neuter or enemy, fhall be determined by their cargo; in confequence, every veffel found at fea, loaded in whole or in part with merchandise the production of England or of her poffeffions, shall be declared good prize, whoever the owner of these goods or merchandise may be. Art. 2. Every foreign veffel which in the courfe of her voyage fhall have entered into an English port, fhall not be admitted into a port of the French republic, except in cafe of neceflity; in which cafe fhe fhall be bound to depart from the faid port as foon as the causes of her entry fhall have ceafed. Art. 3. The prefent refolution fhall be printed. (Signed) BOULAY (of la Meurthe), Prefident. GUILLEMARDET, Secretaries. ROEMERS, After a fecond reading, the Council of Ancients approves the above refolution. The 29th of Nivofe, fixth year of the French republic (18th Jan. 1798). (Signed) MARRAGON, Prefident. ET. LAVEUX KAUFFMAN, The Executive Directory orders, that the above law fhall be printed, executed, and that it fhall be fealed with the feal of the epublic. Done Done at the National Palace of the Executive Directory, the 29th Nivofe, fixth year of the French republic, one and indivifible (11th Jan. 1798). Meffage of the Prefident to Congrefs, on the 5th June 1798. House of Representatives, INOW tranfmit to both Houfes the communications from our envoys at Paris, received fince the laft, which have been prefented by me to Congrefs. United States, 5th June 1798. JOHN ADAMS. Paris, March 9th, 1798. Dear Sir, AGREEABLY to what we represented to you in our No. VI. we prepared a letter to the minifter of foreign affairs, on the subject of the late law, authorizing the capture of neutral vessels, on board of which any productions of Great Britain, or its poffeffions, fhould be laden, fhowing how incompatible fuch law was with the rights of neutral nations, and the treaty between France and America, its direct tendency to destroy the remaining commerce of our country, and the particular hardships to which it would subject the agricultural as well as commercial interests of our countrymen, from the peculiar fituation of the United States. We added, that under existing circumftances we could no longer refift the conviction that the demands of France rendered it entirely impracticable to effect the objects of our miffion, and that not being permanent minifters, but envoys extraordinary, with full powers for particular purposes, we deemed it improper to remain longer in France after the impoffibility of effecting those purposes had been demonftrated. Before however we took this measure, and explicitly demanded our paffports, we deemed it expedient to defire Major Rutledge to call on M. Talleyrand, on the 19th ult. to know if he had any communication to make to us in confequence of our letter dated the 17th, and delivered the 31st of January. To this M. Talleyrand replied, that he had no anfwer to make, as the Directory had not taken any order on the subject, and, when they did, he would inform us of it. Still being anxious to hear explicitly from M. Talleyrand himself, before we fent our final letter, whether there were no means within our power of accommodating our differences with France on juft and M m 2 reasonable |