No. 9.

TRANSLATION.

Phila

From Mr. Fauchet, Minister Plenipotentiary of the French Republick, to Mr. Randolph, Secretary of State. delphia, the 9th Fructidor, 2d year of the French Republick, one and indivisible, (August 26, 1794, O. S.)

SIR, I have informed you several times of the numberless vexations which our privateers are made to experience at the instigation of English agents: this persecu tion far from diminishing, becomes intolerable. I have used all the means in my power to prevent armaments in the United States; no commission has been granted since my arrival, and you may be assured that none will be given: but I am bound to defend with energy the rights of those who have been legally armed and commissioned. I believe I cannot better succeed in my means of defence than by addressing myself to a just and free government, to prevent the animosity of these subaltern agents, against all the French who make prizes upon our combined enemies. I am possessed of a great number of complaints, against those unjust and odious proceedings; I wait for certain information that I may submit them to the justice and impartiality of the government, which I believe is tenacious in the execution of its treaties, and in disavowing all those miserable subtilties-all those miserable chicaneries shamefully employed to damp the courage of the mariners of the French Republick: in the mean time, sir, I send you a picture which without doubt will be as afflicting to you as it is to myself. I pray you to cause orders to be given to the officers of the customs at Newport to restore to the agent of the Republick, the prize made by the privateer Sanspareil. Without informing the consul, without adhering more to the laws of fidelity than to those of equity, this prize has been seized and under the pretext, that the privateer Sanspareil had been armed in the ports of the United States. If this pretext had been really alleged, a more glaring injustice and more palpable falsehood could not have been disguised; but perhaps (as I may be permitted to suppose after such conduct) they have only wished to gain time; but perhaps, as has frequently happened, they have only wished

to discourage and fatigue the captors by injuring the prize from the length of time required for obtaining a decision, which they will retard by a thousand unfair expedients. In this case, sir, it is at length time to take a determination which will secure the interests of the captors, who without this precaution will be always injured, whatever may be the determination of the courts; they will be affected first by the loss of time, secondly by the expenses in prosecuting this business, and lastly by waste in the merchandises and vessels which they shall have taken. This reflection, dictated by justice, reminds me that a letter I wrote to you requesting indemnity for the ship William, which has been suffered to decay in the port of Philadelphia, upwards of a year, for the want of a decision, remains without an answer: I am inclined to believe, notwithstanding your silence, that you have taken my request into consideration; I will go farther, and say that I am sure it has been as favourably received as it is just. The one I now make is not less so sir, and I calculate upon an answer as prompt as favourable.

Accept, sir, my esteem,

JH. FAUCHET.

No. 10.

Mr. Randolph, Secretary of State, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Philadelphia, 3d Sept. 1794.

SIR,-I have urged the governour of Rhode Island to report, without delay, the case of the prize, taken by the privateer Sanspareil. Be assured, sir, that no doubt is entertained of your determination to discountenance illicit privateers, and that the government of the United States will not suffer the acquisitions of the French privateers to be wrested from them, without adequate cause; nor yet, that they should be wantonly vexed by unjust detentions. I have the honour, sir, to be, &c.

EDM. RANDOLPH.

No. 11.

From the same to the same.

Philadelphia, Sept. 27, 1794.

SIR,-I do myself the honour of informing you, that the governour of Rhode Island has decided, that the Perseverance, a prize to the Sanspareil, shall be restored to the captors; and of assuring you that I am with great respect, &c.

No. 12.

EDM. RANDOLPH.

Mr. Randolph, Secretary of State, to the Governour of Rhode Island. Philadelphia, Sept. 3, 1794.

SIR,-It being represented that the Perseverance, a prize to the French privateer Sanspareil, is detained at Newport by your excellency's order, with a view to institute an inquiry into the legality of the privateer, and consequently of the prize; I have to request you, sir, as soon as may be, to transmit to me the circumstances of the case. I have now before me a letter from the French minister, who expresses great anxiety lest delay should take place in the settlement of cases, like the present; and the ardour of French privateers be damped by the vexations which a seizure of their prizes may produce. I have the honour to be, &c.

EDM. RANDOLPH.

No. 13.

TRANSLATION.

Mr. Fauchet, Minister Plenipotentiary of the French Republick, to Mr. Randolph, Secretary of State. Philadelphia, 26 Vindemiaire, 3d year of the French Republick, and indivisible, 17th Oct. 1794, (O. S.)

one

SIR,-I conceive how painful it must be to you to ob serve me recurring so often to the same questions and speaking to you so frequently on the same affairs: be persuaded that it is not less so to me, to have daily new motives of complaint against the abuse made of the laws in order to persecute our privateers.

You announce to me that La Perseverance, prize to the Sans Pareil, had been delivered to the captors by order of the governour of Rhode Island; in contempt of that decision the English agents have just created new difficulties; a new decision is still expected to take place on the first Monday of November. It is impossible, sir, for this state of things to continue much longer; you are sensible how necessary it will be to retrench from our treaty the article which reciprocally permits the ships of war of the two nations to conduct to and sell their prizes in their respective ports, should this right become illusory and void by the difficulty thrown in the way of its execution. I proposed a method as simple as it is just, for putting an end to this tyrannical chicanery,-this method was to require security from those who prosecuted prizes as illegal; were this measure adopted it would render our enemies less ingenious in their proceedings, and prevent them from bringing so many actions of the injustice of which they themselves are convinced.

Your silence led me to presume that you were of opinion with me on this point. I am undeceived by the recent complaints which crowd upon me from all parts; I expect, sir, that the federal government will put an end to these persecutions by the mode I have proposed, or by any other which its wisdom may suggest.

Permit me, sir, to call to your attention at the same time, the outrage committed on board the Favourite by men clothed in American uniform. Among the arms which they have pillaged, there are some, of which the Republick stand in great need. I hope that forms will not add to the crime already committed, delays, injurious to the interests of the French Republick, outraged by an act so contrary to the law of nations and to treaties.

Mr. Randolph, Secretary of State, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Philadelphia, October 22, 1794.

SIR, I received your letter of the 17th instant, remonstrating against the vexations which your cruisers are said

to experience, with the most unqualified wishes that we were always able to administer immediate relief. But the extent of the United States imposes the necessity of substituting the agency of the governours in the place of an instantaneous action in the federal Executive, and therefore general rules alone can be provided.

Under these rules, formed in the last year, the governour of Rhode Island operated on the prize of the Sans Pareil, and discharged her. If however, individuals conceive, that they have a legal claim upon her, and draw her before a court of law, the Executive of the United States cannot forbid them. The plea, under the treaty, that the court has no cognizance of French prizes, will be admitted if it applies, and the person by whom the process is instituted, will be liable to a judgment for costs and damages, if he fails in his proof.

The bond, which you propose as a security against vexation, we have no power to demand, because the Executive do not mean to interfere without presumptive proof of title, and this presumption when established, would seem to be a sufficient protection against being harassed. The courts have their forms, founded on similar precautions. Knowing that this was the situation of our laws, I am not authorized to make the arrangement proposed.

However I will do every thing which can be done with propriety; and that is contained in the letter, of which I have the honour of sending you a copy.

Papers respecting the Favourite, were received this morning from New York, and copies of them are now transmitted to you.

I have the honour, &c.

EDM. RANDOLPH.

No. 15.

CIRCULAR.

The Secretary of State to the Governours of the several States. Philadelphia, October 22, 1794.

SIR-It gives me pain to inform your excellency, that Mr. Fauchet, the minister plenipotentiary of the French