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solve of the 14th of the same month, [January 4, 1795] hastened to sanction the same principles. The National Convention and the committee of publick safety, had reason to believe that this open and liberal conduct would determine the United States to use every effort to put a stop to the vexations practised against their commerce, to the injury of the French Republick. They were deceived in this hope; and though the treaty of friendship, navigation and commerce between Great Britain and the United States, had been signed six weeks before France adopted the measure I have just spoken of, the English did not abandon the plan they had formed, and continue to stop and carry into their ports all American vessels bound to French ports or returning from them.

This conduct was the subject of a note which the undersigned addressed on the 7th Vindemiaire, 4th year [29th September, 1795, O. S.] to the Secretary of State.-The remonstrances which it contained were founded upon the duties of neutrality, upon the principles which Mr. Jefferson had laid down in his letter to Mr. Pinckney, dated the 13th September, 1793; yet this note has remained without an answer, though recalled to the remembrance of the Secretary of State, by a despatch of the 9th Germinal, 4th year [29th March, 1796, O. S.]; and American vessels bound to French ports, or returning from them, have still been seized by the English. Indeed more; they have added a new vexation to those they had already imposed upon Americans: they have impressed seamen from on board American vessels, and have thus found the means of strengthening their crews at the expense of the Americans, without the government of the United States having made known to the undersigned, the steps they had taken to obtain satisfaction for this violation of neutrality, so hurtful to the interests of France, as the undersigned had set forth in his despatches to the Secretary of State, of the 9th Germinal, 4th year (29th March, 1796, O. S.) 19th Germinal, (8th April, 1796,) and 1st Floreal (20th April, 1796) which have remained without an answer.

The French government, then, finds itself, with respect to America at the present time, in circumstances similar to those of the year 1793; and if it sees itself obliged to abandon, with respect to them and neutral powers in general, the favourable line of conduct it had pursued, and

to adopt different measures, the blame should fall upon the British government ;-it is their conduct which the French government has been obliged to follow.

The undersigned minister plenipotentiary conceives it his duty to remark to the Secretary of State, that the neutral governments, or the allies of the Republick, have nothing to fear as to the treatment of their flag by the French, since, if keeping within the bounds of their neutrality, they cause the rights of that neutrality to be respected by the English, the Republick will respect them. But if through weakness, partiality, or other motives, they should suffer the English to sport with that neutrality, and turn it to their advantage, could they then complain, when France, to restore the balance of neutrality to its equilibrium, shall act in the same manner as the English? no, certainly; for the neutrality of a nation consists in granting to belligerent powers, the same advantages; and that neutrality no longer exists, when, in the course of the war, that neutral nation grants to one of the belligerent powers, advantages not stipulated by treaties anterior to the war; or suffers that power to seize upon them. The neutral government cannot then complain, if the other belligerent power desires to enjoy advantages which its enemy enjoys, or, if it avails itself of them; otherwise that neutral government would deviate, with respect to it, from the line of neutrality, and would become its enemy.

The undersigned minister plenipotentiary, thinks it useless further to develop these principles. He does not doubt that the Secretary of State feels all their force, and that the government of the United States will perfectly maintain a neutrality which France has always respected, and will always respect when her enemies do not make it turn to her detriment.

The undersigned minister plenipotentiary embraces this opportunity of reiterating to the Secretary of State, the assurance of his esteem; and informs him at the same time, that he will cause this note to be printed, in order to make publickly known the motives which, at the present juncture, influence the French Republick.

Done at Philadelphia, 6th Brumaire, 5th year of the French Republick, one and indivisible, (27th Oct. 1796, O. S.)

P. A. ADET.

No. 2.

Extract from the Register of the Resolves of the Executive Directory, of the 14th Messidor, 4th year of the French Republick, one and indivisible. July 2, 1796.

THE executive directory, considering that, if it becomes the faith of the French nation to respect treaties or conventions which secure to the flags of some neutral or friendly powers, commercial advantages, the result of which is to be common to the contracting powers; those same advantages, if they should turn to the benefit of our enemies, either through the weakness of our allies, or of neutrals, or through fear, through interested views, or through whatever motives, would in fact warrant the inexecution of the articles in which they were stipulatedDecrees as follows:

ALL neutral or allied powers shall, without delay, be notified, that the flag of the French Republick will treat neutral vessels, either as to confiscation, as to searches, or capture, in the same manner as they shall suffer the English to treat them.

The Minister of Foreign Relations is charged with the execution of the present resolve, which shall not be printed. CARNOT, President.

A true copy,

By the Executive Directory: The Secretary General. LAGARDE.

True copy: The Minister of Foreign Affairs.

CH. DELACROIX.

True copy: The Minister Plenipotentiary of the French Republick, near the United States of America.

No. 3.

P. A. ADET.

Mr. Pickering, Secretary of State, to Mr. Adet, Minister Plenipotentiary of the French Republick. Department of State, November 1, 1796.

SIR, I have the honour to acknowledge the receipt of your note of the 27th ultimo, covering a decree of the

executive directory of the French Republick, concerning the commerce of neutral nations.

This decree makes no distinction between neutral powers who can claim only the rights secured to them by the law of nations, and others between whom and the French Republick, treaties have imposed special obligations. Where no treaties exist, the Republick, by seizing and confiscating the property of their enemies found on board neutral vessels, would only exercise an acknowledged right under the law of nations.-If towards such neutral nations, the French Republick has forborne to exercise this right, the forbearance has been perfectly gratuitous. The United States, by virtue of their treaty of commerce with France, stand on different ground.

In the year 1778, France voluntarily entered into a commercial treaty with us, on principles of perfect reciprocity; and expressly stipulating that free ships should make free goods; that is, if France should be at war with any nation with whom the United States should be at peace, the goods (except contraband) and the persons of her enemies (soldiers in actual service, excepted) found on board the vessels of the United States, were to be free from capture. That on the other hand, if the United States should engage in war with any nation, while France remained at peace, then the goods (except contraband) and the persons of our enemies (soldiers in actual service, excepted) found on board French vessels were also to be free from capture. This is plainly expressed in the twentythird article of that treaty; and demonstrates that the reciprocity thereby stipulated was to operate at different periods: that is, at one time in favour of one of the contracting parties, and of the other, at another time. At the present time, the United States being at peace, they possess, by the treaty, the right of carrying the goods of the enemies of France, without subjecting them to capture.-But what do the spirit of the decree of the executive directory, and the current of your observations require? that the United States should now gratuitously renounce this right. And what reason is assigned for denying to us the enjoyment of this right? your own words furnish the answer. France bound by treaty to 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

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found on board American vessels." This requisition, and the reason assigned to support it, alike excite surprise. The American government, sir, conscious of the purity of its intentions, of its impartial observance of the laws of neutrality, and of its inviolable regard to treaties, cannot for a moment admit that it has forfeited the right to claim a reciprocal observance of stipulations on the part of the French Republick; whose friendship, moreover, it has ever cultivated with perfect sincerity. This right, formerly infringed by a decree of the National Convention, was recognised anew by the repeal of that decree. Why it should be again questioned, we are at a loss to determine. We are ignorant of any new restraints on our commerce by the British government: on the contrary, we possess recent official information that no new orders have been issued. The captures made by the British, of American vessels having French property on board, are warranted by the law of nations. The force and operation of this law was contemplated by France and the United States when they formed their treaty of commerce; and their special stipulation on this point was meant as an exception to an universal rule. Neither our weakness nor our strength have any choice, when the question concerns the observance of a known rule of the law of nations.

You are pleased to remark, that the conduct of Great Britain in capturing American vessels, bound to and from French ports had been the subject of a note which on the 29th of September, 1798, you addressed to the Secretary of State; but which remained without an answer. Very sufficient reasons may be assigned for the omission. The. subject, in all its aspects, had been already officially and publickly discussed; and the principles and ultimate measures of the United States, founded on their indisputable rights, were as publickly fixed. But if the subject had not, by the previous discussions, been already exhausted, can it be a matter of surprise that there should be a repugnance to answer a letter containing such insinuations as these? "It must then be clear to every man who will discard prejudices, love, hatred, and, in a word, all the passions which lead the judgment astray, that the French Republick would have a right to complain, if the American government suffered the English to interrupt the commer

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