confpiracy, that what they termed Catholic emancipation and parliamentary reform, were confidered as the fureft means of accomplishing their rebellious projects, your Committee cannot but applaud the wifdom and difcretion of Parliament in withholding their affent to fuch wild and fatal conceffions. If any thing was wanting in proof of their wifdom, it is fupplied by a refolution entered into by the rebel provincial committees of Ulfter and Leinfter on the 19th February 1798, the day on which a propofition was made to your Lordthips of conceffion and conciliation to the people, as a probable meature to tranquillize the country. This refolution was agreed to in the fame words and on the fame day, 19th February 1798, by two provincial committees, one affembled at Armagh, the other at Dublin; it has been authenticated to your Committee, and appears to have been officially reported to the Executive Directory of the rebellious Union, and is in the following words :"Refolved, that we will pay no attention whatever to any at tempt that may be made by either Houfe of Parliament to divert the public mind from the grand object we have in view, as nothing short of the complete emancipation of our country will fatisfy us."

On the whole, your Committee attribute the falvation of this kingdom to the vigorous and decifive meafures of the executive government, adopted in March 1797, and purfued from the fame period; and to the firmnefs of Parliament, who, always difpofed to promote the welfare and happiness of the people, have evinced a determined refolution never to yield to the artifices of traitors, what is intended only for the fubverfion of the conftitution.-But your Committee think it their bounden duty to state to your Lordships, that although it appears to them that the fyftem of treafon and rebellion which had been established, is for the prefent confiderably fhaken, yet that, having fatally taken deep root in the country, it will require unceafing 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 feduced from their allegiance, and cannot but reprefent to your Lordships their decided opinion, that no effort fhould remain untried to open their eyes to the evils which they have invariably fuffered by yielding to feduction, and to the wicked artifices of that traitorous affociation which has already involved them in extreme and complicated miferies.

Your Committee have thought it their duty to annex by way of appendix to this Report, the confeffions of their treafons made on oath, by fome of the most notorious and leading traitors who have been engaged in this confpiracy, and who have thrown themselves on his Majesty's clemency.

And

your Committee beg leave alfo to refer your Lordships to the

2

Report

Report of the Committee of Secrecy of the Houfe of Commons, which will be found to contain moft interefting and important details upon this fubject, all of which are fully illuftrated and proved in the Appendix annexed to this Report *.

The Minifters Plenipotentiary and Envoys Extraordinary from the United States of America to the French Republic, to the Minifter of Exterior Relations.

Citizen Minifter,

YOUR letter of the 28th Ventofe (18th March), in answer to a memorial of the underfigned, dated 17th January, was received the day after its date, and has been confidered with the most refpectful attention.

In that memorial, the underfigned, without furnishing caufe for reproach, might have limited themselves to a statement of the numerous and well-founded complaints of the nation they reprefent. They have been induced to extend their obfervations to other fubjects, by that fincere defire to re-establish harmony and mutual confidence between the two republics, which the government of the United States has never ceafed to feel and to exprefs. Suppofing that thofe mifreprefentations to which human actions and human fentiments must ever continue to be expofed, might have impreffed on the mind of the French government, occupied with the great and interefting events of Europe, the unfounded fufpicion of partiality, on the part of America, for the enemies of France, the underfigned cherifhed the hope that a complete review of the conduct of their government, accompanied with a candid and thorough inveftigation of the real principles on which that, conduct was founded, by removing prejudices, might reftore fentiments which the United States have ever fought, and still seek to preferve.

In taking this review, it was obvious that a minute difcuffion of every particular fact might encumber the examination with details which previous explanations had rendered unneceffary, and therefore it was confined to thofe leading measures of which the particular cafes were the neceffary refult. The underfigned, however, declared, and they ftill declare, that if the government of the United States has given just cause of complaint to that of France, in any cafe, they are ready to confider and to compenfate the injury that negotiation, the opening of which they have for

The fame reasons that occafioned the omission of the Appendix to the Report of the Committee of Secrecy of the House of Commons, have induced us to omit the Appendix to the Report of the Committee of Secrecy of the House of Lords.

nearly

nearly fix months unremittingly folicited and patiently attended, would, if entered upon, demonftrate the fincerity of this decla

ration.

Still animated by the fame fpirit which has dictated all their efforts to approach this republic, ftill fearching to remove unfavourable impreflions by a candid difplay of truths, and a frank manifeftation of the principles which have really governed the United States, and ftill endeavouring thereby to facilitate the restoration of harmony between two nations which ought to be the friends of each other, the underfigned will lay before you the refult of their reflections on your letter of the 28th Ventofe. Whatever force you may please to allow to their obfervations, the relative fituation of the two republics, it is hoped, will not fail to convince you that they proceed from the most perfect conviction of their justice.

You contend, Citizen Minifter, that the priority of complaint is on the fide of France, and that thofe meafures which have fo injured and oppreffed the people of the United States, have been produced by the previous conduct of their government.

To this the underligned will now only obferve, that if France can justly complain of any act of the government of the United States, whether that act be prior or fubfequent to the wrongs received by that government, a difpofition and a wish to do in the cafe what juftice and friendship may require is openly avowed, and will continue to be manifefted.

Your complaints against the United States may be claffed 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 fince that treaty.

If the underfigned fhall be disappointed in their hope to convince you, that on no one of these points can their government be justly inculpated, yet they perfuade themselves that the demonftration of the good faith and upright intention with which it has ever acted, will be complete and fatisfactory. This being proved, and a tender of compenfation for any unintentional wrong being made, a bafe for accommodation is offered, which they must yet hope will be acceptable to France.

1ft. The inexecution of the treaties between the United States and France. Under this head you complain, firft, That from the commencement of the war, the American tribunals have, in effect, pretended to the right of taking cognifance of the validity of prizes brought into the ports of the United States.

2dly. That against the textual fenfe of the treaty, the govern ment has permitted the fhips of the enemy to come to in their

ports,

ports, after having captured property or veffels belonging to French

citizens.

3dly. That it has ordered the arreft of a national corvette, anchored in the port of Philadelphia, and that the arrestation has extended to the captain commandant.

4thly. The refufal to provide the means to execute the confular convention.

These complaints fhall be confidered 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 cognifance of the validity of prizes brought into the ports of the United States by French cruifers."

You have not been pleased to state a cafe in which this right has been afferted, and the undersigned are perfuaded that no fuch cafe exists.

Far from afferting it, the government of America has expressly difclaimed it. Mr. Jefferfon, the then fecretary of ftate, in his letter to Mr. Morris of the 16th of Auguft 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 feas by France, or any other nation, on its

enemies.

"These questions belong, of common ufage, to the fovereign of the captor, and whenever it is necessary to determine them, refort must be had to his courts. This is the cafe provided for in the 17th article of the treaty, which fays, that fuch prizes fhall not be arrested, nor cognifance taken of the validity thereof; a ftipula tion much infifted on by Mr. Genet and the confuls, and which we never thought of infringing or questioning."

Mr. Randolph, the fucceffor of Mr. Jefferfon, in his letter to Mr. Fauchet, of the 29th May 1795, fays, "As to prizes made by legal cruifers on the high feas, it never was the intention of the Prefident to interpofe, he having abstained (as the 17th article of our treaty of commerce imports) from examining into their lawfulnefs."

Mr. Monroe, in his letter to your predeceffor, of the 15th March 1796, fays, "You will obferve, I admit the principle, if a prize was taken upon the high feas, and by a privateer fitted out within the republic, or its dominions, that in fuch cafe our courts have no right to take cognifance of its validity. But is any cafe of this kind alleged? I prefume none is or can be fhown."

But the United States have deemed it an indifpenfable 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. 3 F

VOL. VII.

For

For the reasoning of their government in fupport of this deci fion, the underfigned will again refer to the letter of Mr. Jefferfon already quoted:

"Another doctrine advanced by Mr. Genet is, that our courts can take no cognifance of questions, whether veffels held by them as prizes, are lawful prizes or not; that this jurifdiction belongs exclufively to their confulates here, which have been lately erected by the National Affembly into complete courts of admiralty.

"Let us confider, firft, what is the extent of the jurifdiction which the confulates 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 jurifdiction to judges appointed by another nation, the limits of their power muft depend upon the inftrument of ceffion. The United States and France have, by their confular convention, given mutually to their confuls jurifdiction in certain cafes efpecially enumerated. But that convention gives to neither the power of eftablishing complete courts of admiralty within the territory of the other, nor even of deciding the particular queftion of prize or not prize. The confulates of France then cannot take judicial cognifance 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 jurifdiction; though in his fubfequent letters he has thought proper to embark in the errors of his confuls.

"The real question is, whether the United States have not a right to protect veffels within their waters, and on their coafts? The Grange was taken within the Delaware, between the shores of the Jerfeys and of the Delaware ftate, and feveral miles above its mouth. The feizing of her was a flagrant violation of the jurifdiction of the United States. Mr. Genet, however, instead of apologizing, takes great merit in his letters for giving her up. The William is faid to have been taken within two miles of the fhores of the United States. When the admiralty declined cognifance of the cafe, fhe was delivered to the French conful, according to my letter of June 25th, to be kept until the Executive of the United States fhould examine into the cafe; and Mr. Genet was defired, 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 fhore: the Cathetine within two miles and a half. It is an effential attribute of the jurifdiction of every country to preferve peace and punish acts