authenticated by the said consuls, under the seal of their consulate, shall receive faith in law, equally as their ori ginals would." The ship's roll (or shipping paper) of a vessel's crew is not an act to be done before the consul, but the evidence of a private agreement between the captain of a vessel and his crew; and when he alleges that any of them have deserted, the 9th article requires this original evidence of the fact to be produced to the judge as the ground on which he shall issue his warrant to arrest them. And this is the construction put on this article by the judges; and for aught I know, without any diversity of opinion. The difference alleged by Mr. Fauchet in one of his letters to the Secretary of State, I have inquired into; and find he was under a mistake.-And the mistake arose probably from this circumstance, that when from the information of the consul there was danger that the deserter would wholly escape unless instantly appre hended, the judge has issued his warrant to arrest and bring before him the alleged deserter, but when brought, that judge has not committed the man, or delivered him to the consul, unless the original roll was produced to prove him one of the ship's crew.

As to the outrage against Mr. Fauchet by the Africa man of war, in attempting to seize him and his papers within the jurisdiction of the United States, and capt. Home's insult on their authority, I do not know what measures more efficacious could have been taken by the Executive than those which were adopted, to obtain satisfaction. After waiting a reasonable time for explanations on the part of capt. Home, and of Mr. Moore, the English vice-consul, and receiving none, the President revoked the exequatur of the vice-consul, and desired the governour of Rhode Island, where the Africa had been lying, to communicate to capt. Home the demand of the President -that he should immediately remove from a station within the jurisdiction of the United States, where he had violated their rights; and further to make known to him, that in forty-eight hours after the requisition should be com municated to him all intercourse between the citizens of the United States and his ship would be forbidden.

It is very true that the exequatur of the British viceconsul was withdrawn expressly for his knowingly transmitting to the governour of Rhode Island a most insulting

letter from captain Home: because although he was on board the Africa when the attempt was made against Mr. Fauchet, the President had no evidence of his co-operation. The minister of the United States in London, was directed to represent to that court the conduct of capt. Home, and to demand his exemplary punishment. It was not to be expected that he would be judged unheard; and consequently much delay must have ensued. From her station on the coast of North America, the Africa went to the West Indies. Seeing some time since, by an article in the newspapers that the Africa was returned to England, our minister in London was reminded of this affair, that the demand of satisfaction might be renewed.

Although the subject of M. De la Croix's 3d and last. complaint (the British treaty) has been already discussed, allow me here to make a few remarks. He says "it will be easy to prove that the United States, in this treaty have knowingly and evidently sacrificed their connexions with the Republick, and the most essential and least contested prerogatives of neutrality."-The reverse of what the minister considers so easy to prove, we think has been demonstrated. Our legally binding connexions with France we always considered as being formed by our treaties and we say with confidence that we have not "knowingly" violated these in a single article. If individuals have at any time infringed them, the government has been sincere and diligent in its endeavours to redress the wrong. If the ties of affection, of warm enthusiastick friendship, have been weakened, the cause is to be sought for, not in the acts of the American government, which have been constantly directed to the preservation of our peace with all nations. These ties did not depend on treaties. It was our friendship to France, contracted during our revolution, and our partiality for the cause of liberty and self government for which she engaged in her own, that made us endure numerous injuries almost without complaining. We were not willing to ascribe to the Republick, the outrages of her ministers against the laws, the sovereignty, and the dignity of the United States, or the exceptionable style of their communications. Even when for such flagrant aggressions, often repeated, we desired the recall of one of her ministers, it was done in the most soothing language; and in the mean time, lest the interest of the Re

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publick should suffer he was permitted to exercise his functions in all cases in which those interests could be affected. When his successor arrived he officially requested that the offending minister might be apprehended, that he might be sent to France: but the government, satisfied by his removal, declined the measure. Some irritations were experienced from that successor-What sensations have been produced by Mr. Adet's notes your own feelings, on the perusal, will enable you to judge. If he intended to excite the general indignation of our citizens, he is not disappointed: but it is presumed this was not the object. After an exhibition of complaints in a style so exceptionable, he could add but one more improper act, that of publishing his notes in the newspapers: he had scarcely transmitted them to the Executive, before he forwarded them to the printer for publication.

From the foregoing statement we trust it will appear, that there has been no attempt in the government of the United States to violate our treaty or weaken our engagements with France: that whatever resistance it has opposed to the measures of her agents, the maintenance of the laws and sovereignty of the United States, and their neutral obligations, have rendered indispensable. That it has never acquiesced in any acts violating our rights or interfering with the advantages stipulated to France, but on the contrary has opposed them by all the means in its power: that it has withheld no succours from France that were compatible with the duties of neutrality to grant: that as well by their independent political rights as by the express provisions of the commercial treaty with France the United States were at full liberty to enter into commercial treaties with any other nation and consequently with Great Britain: that no facts manifesting a partiality to that country, have been, and I add, that none such can be produced.

Of the propriety and justness of these conclusions you will endeavour to satisfy the French government and conscious of the rectitude of our own proceedings, during the whole course of the present war, we cannot but entertain the most sanguine expectations that they will be satisfied. We even hope that this has been already accomplished; and that you will be saved from the pain of renewing a discussion which the government has entered

upon with regret. Your mission and instructions prove its solicitude to have prevented this necessity, and the sincerity of its present hopes, that your endeavours agreeably to those instructions, "to remove jealousies and obviate complaints, by showing that they are groundless-to restore confidence so unfortunately and injuriously impaired -to explain the relative interests of both countries, and the real sentiments of your own,"-have been attended with success. And as a consequence thereof we rely on the repeal of the decrees and orders which expose our commerce to indefinite injuries, which militate with the obligations of treaties, and our rights as a neutral nation. I have the honour to be, &c.

TIMOTHY PICKERING.

No. 1.

TRANSLATION.

Note from Mr. Adet, Minister Plenipotentiary of the French Republick, to Mr. Pickering, Secretary of State. Legation at Philadelphia.

THE undersigned minister plenipotentiary of the French Republick, in conformity to the orders of his government, has the honour of transmitting to the Secretary of State of the United States, a resolution taken by the executive directory of the French Republick, on the 14th Messidor, 4th year, [July 2, 1796] relative to the conduct which the ships of war of the Republick are to hold towards neutral vessels. The flag of the Republick will treat the flag of neutrals in the same manner as they shall suffer it to be treated by the English.

The sentiments which the American government have manifested to the undersigned minister plenipotentiary, do not permit him to doubt, that they will see, in its true light, this measure as far as it may concern the United States; and that they will also feel, that it is dictated by imperious circumstances, and approved by justice.

Great Britain during the war she has carried on against the Republick, has not ceased using every means in her power to add to that scourge, scourges still more terrible: she has used the well known liberality of the French nation, to the detriment of that nation. Knowing how faith

ful France has always been in the observance of her treaties-knowing that it was a principle of the Republick to respect the flags of all nations, the British government, from the beginning of the war, has caused neutral vessels, and in particular American vessels, 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 disadvantage in the articles of that treaty which caused to be respected as American property, English property found on board American vessels. They had a right, under this consideration, to expect that America would take steps in favour of her violated neutrality. One of the predecessors of the undersigned, in July, 1793, applied on this subject to the government of the United States-but he was not successful. Nevertheless the National Convention, who by their decree of the 9th May, 1793, had ordered the seizure of enemy's property on board neutral vessels, declaring at the same time, that the measure should cease when the English should respect neutral flags, had excepted on the 23d of the same month, the Americans from the operation of this general order. But the Convention was obliged soon to repeal the law which contained this exception, so favourable to Americans; the manner in which the English conducted themselves, the manifest intention they had to stop the exportation of provisions from America to France, rendered it unavoidable.

The National Convention, by this, had restored the equilibrium of neutrality which England had destroyed; had discharged their duty in a manner justified by a thousand past examples, as well as by the necessity of the then existing moment. They might, therefore, before they revoked the orders they had given to seize enemy's property on board American vessels, have waited till the British government had first definitively revoked the same order; a suspension only of which was produced by the embargo laid by Congress the 26th March, 1794. But as soon as they were informed, that under orders of the government of the United States, Mr. Jay was directed to remonstrate against the vexatious measures of the English, they gave orders, by the law of the 18th Nivose, 3d year, to the ships of war of the Republick, to respect American vessels, and the committee of publick safety, in their explanatory re