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confpiracy, that what they termed Catholic emancipation and par. liamentary reform, were considered as the furest means of accom. plishing their rebellious projects, your Committee cannot but ap. plaud the wisdom and discretion of Parliament in withholding their assent to such wild and fatal concessions. If any thing was wanting in proof of their wisdom, it is fupplied by a resolution entered into by the rebel provincial committees of Ulfter and Leinster on the igth February 1998, the day on which a proposition was made to your Lordihips of concession and conciliation to the people, as a probable measure to tranquillize the country. This resolurion was agreed to in the same words and on the same day, 19th February 1798, by two provincial committees, one assembled at Armagh, the other at Dublin ; it has been authenticated to your Committee, and appears to have been officially reported to the Executive Direc·tory of the rebellious Union, and is in the following words :
• Resolved, that we will pay no attention whatever to any ato tempt that may be made by either House of Parliament to die vert the public mind from the grand object we have in view, as nothing short of the complete emancipation of our country will satisfy us."
On the whole, your Committee attribute the salvation of this kingdom 10 the vigorous and decisive measures of the executive government, adopied in March 1797, and pursued from the same period; and to the firmness of Parliament, whu, always disposed to promote the welfare and happiness of the people, have evinced a determined resolution never to yield to the artifices of traitors, what is intended only for the subversion of the constitution.-But your Committee think it their bounden duty to state to your Lordships, that although it appears to them that the system of treason and rebellion which had been established, is for the present considerably shaken, yet that, having fatally taken deep root in the country, it will require unceasing vigilance and attention, in every department of the state, to guard against the revival of it.
Your Committee have to lament deeply the facility with which the lower orders of the people may be seduced from their allegiance, and cannot but represent to your Lordihips their decided opinion, that no effort thould remain untried to open their eyes to the evils which they have invariably suffered by yielding to seduction, and to the wicked artifices of that traitorous association which has already involved them in extreme and complicated miseries.
Your Committee have thought it their duty to annex by way of appendix to this Report, the confessions of their treasons made on oath, by some of the most notorious and leading traitors who have been engaged in this conspiracy, and who have thrown themselves on his Majesty's clemency. And your Committee beg leave also to refer your Lordfhips to the
Report Report of the Committee of Secrecy of the House of Commons, which will be found to contain most interesting and important des tails upon this subject, all of which are fully illustrated and proved in the Appendix annexed to this Report *. ;
The Ministers Plenipotentiary and Envoys Extraordinary from the United States of America 10 the French Republic, to the Minister of Exterior Relations.
Citizen Minister, VOUR letter of the 28th Ventose (18th March), in answer to a
meinorial of the underfigned, dated 17th January, was received the day after its date, and has been considered wiih the most refpe&tful attention.
İn that memorial, the undersigned, without furnishing cause for reproach, right have limited themselves to a statement of the numerous and well-founded complaints of the nation they repreSent. They have been induced to extend their observations to other subjects, by that sincere desire to re-establish harmony and mutual confidence between the two republics, which the government of the United States has never ceased to feel and to express. Supposing that those misrepresentations to which human adions and human sentiments must ever continue to be exposed, might have impressed on the mind of the French government, occupied with the great and interesting events of Europe, the unfounded sufpicion of partiality, on the part of America, for the enemies of France, the underligned cherished the hope that a complete review of the conduct of their government, accompanied with a candid and thorough investigation of the real principles on which that conduct was founded, by removing prejudices, might restore fentiments which the United States have ever sought, and still seek to preserve. * In taking this review, it was obvious that a minute discusion of every particular fact might encomber the examination with details which previous explanations had rendered unnecessary, and therefore it was confined to those leading measures of which the particular cases were the necessary result. The underligned, however, declared, and they still declare, that if the government of the United States has given just cause of complaint to that of France, in any case, they are ready to consider and to compensaie the injury: that negotiation, the opening of which they have for
• The same reasons that occafioned the omission of the Appendix to the Report of the Committee of Secrecy of the House of Commons, have indued us to omit the Appendix to the Report of the Committee of Secrecy of die Houle of Lords.
nearly fix months unremittingly folicited and patiently attended, would, if entered upon, demonstrate the fincerity of this declaration.
Still animated by the same spirit which has dictated all their ef. forts to approach this republic, still searching to remove unfavourable impressions by a candid display of truths, and a frank manifestation of the principles which have really governed the United States, and still endeavouring thereby to facilitate the restoration of harmony between two nations which ought to be the friends of each other, the underligned will lay before you the resi:lt of thcir reflections on your letter of the 28th Ventosc. Whatever force you inay please to allow to their observations, the relative situation of the two republics, it is hoped, will not fail to convince you that they proceed from the molt perfect conviction of their justice.
You contend, Citizen Minister, that the priority of complaint is on the side of France, and that those measures which have so injured and oppressed the people of the United States, have been produced by the previous conduct of their government.
To this the undersigned will now only observe, that if France can justly complain of any act of the government of the United States, whether that ad be prior or subsequent to the wrongs received by that government, a disposition and a wish to do in the case what justice and friendship may require is openly avowed, and will continue to be manifested.
Your complaints against the United States may be clafled under three heads :
ift. The inexecution of their treates with France. · 2dly. The treaty of amity, commerce, and navigation formed with Great Britain.
3dly. The conduct of their government since that treaty.
If the undersigned shall be disappointed in their hope to convince you, that on no one of these points can their government be juftly inculpated, yet they persuade themselves that the demonftration of the good faith and upright intention with which it has ever acted, will be complete and satisfactory. This being proved, and a tender of compensation for any unintentional wsong being made, a base for accommodation is offered, which they must yet hope will be acceptable to France. · ist. The inexecution of the treaties between the United States
and France. Under this head you complain, first, That from the commencement of the war, the American tribunals have, in effect, pretended to the right of taking cognisance of the validity of prizes brought into the ports of the United States.
2dly. That against the textual sense of the treaty, the govern. ment has permitted the fhips of the enemy to come to in their ports, after having captured property or vessels belonging to French citizens.
3dly. That it has ordered the arrest of a national corvette, an. chored in the port of Philadelphia, and that the arrestation has extended to the captain commandant.
4thly. The refusal to provide the means to execute the consular convention.
These complaints shall be considered in the order in which they are made.
ift. “ From the commencement of the war, the American tribunals have, in effect, pretended to the right of taking cognisance of the validity of prizes brought into the ports of the United States by French cruisers.”
You have not been pleased to state a case in which this right has been asserted, and the underligned are persuaded that no such case
ex Far from affertins Jefferson, the Of August 1793, co that
Far from asserting it, the government of America has expressly disclaimed it. Mr. Jefferson, the then secretary of state, in his letter to Mr. Morris of the 16th of August 1793, which letter was laid before the French government, declares, " that the United States do not pretend any right to try the validity of captures made on the high seas by France, or any other nation, on its enemies.
" These questions belong, of common usage, to the sovereign of the captor, and whenever it is necessary to determine them, refort must be had to his courts. This is the case provided for in the 19th article of the treaty, which says, that such prizes shall not be arrested, nor cognisance taken of the validity thereof; a ftipulation much insisted on by Mr. Genet and the consuls, and which we never thought of infringing or questioning."
Mr. Randolph, the successor of Mr. Jefferson, in his letter to Mr. Fauchet, of the 29th May 1795, says, “ As to prizes made by legal cruisers on the high seas, it never was the intention of the President to interpose, he having abstained (as the 17th article of our treaty of commerce imports) from examining into theit lawfulness."
Mr. Monroe, in his letter to your predecessor, of the 15th March 1796, says, “ You will observe, I admit the principle, if a prize was taken upon the high seas, and by a privateer fitted out within the republic, or its dominions, that in such case Qur courts have no right to take cognisance of its validity. But is any case of this kind alleged? I presume none is or can be fhown."
But the United States have deemed it an indispensable duty to prevent, so far as they could prevent, the practice of hostility against nations with whom they were at peace, within their own limits, or by privateers fitted out in their own ports. VOL. VII.
For the reasoning of their government in fupport of this decis sion, the undersigned will again refer to the letter of Mr. Jefferson already quoted : : ..“ Another dcetrine advanced by Mr. Genet is, that our courts can take no cognisance of questions, whether vesels held by them as prizes, are lawful prizes or not; that this jurisdiction belongs exclusively to their consulates here, which have been lately erected by the National Assembly into complete courts of adıniralty. · “ Lei us consider, first, what is the extent of the jurisdi&ion which the contulates of France may rightfully exercise here. Every nation has, of natural right, entirely and exclusively, all the jurisdiction which may be rightfully exercised in the territory it occupies. If it cedes any portion of that jurisdiction to judges appointed by another nation, the limits of their power must depend upon the instrument of cefsion. The United States and France have, by their consular convention, given mutually to their consuls jurisdiction in certain cases especially enumerated. But that convention gives to neither the power of establishing completo courts of admiralty within the territory of the other, nor even of deciding the particular question of prize or not prize. The consulates of France then cannot take judicial cognisance of those questions here.
“Of this opinion Mr. Genet was when he wrote his letter of May 27th, wherein he promises to correct the error of the conful at Charleston, of whom in my letter of the 15th I had complained as arrogating to himself that jurisdiction ; though in his sublequent letters he has thought proper to embark in the errors of his consuls.
" The real question is, whether the United States have not a right to protect vefsels within their waters, and on their coasts? The Grange was taken within the Delaware, between the thores of the Jerseys and of the Delaware state, and several miles above its mouth. The seizing of her was a flagrant violation of the jurisdiction of the United States. Mr. Genet, however, instead of apologizing, takes great merit in his letters for giving her up. The William is said to have been taken within two miles of the shores of the United States. When the admiralty declined cognifance of the case, the was delivered to the French consul, accord. ing to my letter of June 25th, to be kept until the Executive of the United States Tould examine into the cafe ; and Mr. Genet was desired, by my letter of June 29th, to have them furnished with the evidence on behalf of the captors, as to the place of capture ; yet to this day it has never been done. The brig Fanny was alleged to be taken within five miles from our shore : the Cathe. fine within two miles and a half. It is an essential attribute of the jurisdiction of every country to preserve peace and punish acts