1

It is to a free government I address myself, and I shall

obtain it.

It is pretended, sir, at least from every thing I can learn, that a privateer fitted for a cruise had deposited arms on board, and that this pretext was used for visiting and pillaging the Favourite, a vessel answering as a store ship for the Republick, until she should be repaired. Were this the fact, they ought to have applied to me. The conduct I have frequently discovered in similar cases, the promises I have made to prosecute those who should violate the neutrality of the United States, the punctuality with which these promises have been fulfilled should have induced those officers to inform the functionaries of the French Republick, even if it had not been their duty to do so. Nothing can justify this outrage. If an unfaithful or weak keeper had committed a fault, it were sufficient to inform me of it; I should have delivered him to his proper judges, and the Americans would not have overleaped their rights and offended an ally attached to them by so many ties.

Accept my esteem,

JH. FAUCHET.

No. 30.

Mr. Randolph, Secretary of State of the United States, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Philadelphia, Sept. 25, 1794.

-

SIR, I regret extremely that any citizen of the United States, and more especially if he be in authority, should offer either outrage or insult to a vessel of the French Republick. I have accordingly written to the attorney of the district of New York, to inquire into and report the facts, as you will perceive from the enclosed copy. The course might have been shortened by directing him to proceed in the case, as the law directs. But this has not been adopted because we wish to reserve to ourselves the decision in this particular, as it is suggested that a publick officer is concerned, and we take an interest in causing justice to be done to the French Republick, as far as possible, under our own eye.

I have the honour to be, &c.

EDM. RANDOLPH.

No. 31.

Mr. Randolph, Secretary of State, to Mr. Harrison, District Attorney of New York. Philadelphia, September 25, 1794.

SIR, I have the honour of enclosing to you, the translation of a letter from the minister of the French Republick, complaining of an outrage on a French vessel of war. Resolved as we are to act with good faith and friendship towards our ally, I must request you to inquire into the facts; and transmit what shall be found to be an accurate state of them; in order that government may proceed to do what is proper and honourable on the occasion.

I am, &c.

EDM. RANDOLPH.

No. 32.

Mr. Randolph, Secretary of State, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Philadelphia, November 17, 1794.

SIR,-The Executiveof the United States, being obliged to collect information of facts at a distance through the publick officers, and having a confidence in them, it was conceived sufficient in the first instance merely to transmit to you the evidence which had been obtained respecting the Favourite. Hence in the letter which I had the honour of writing to you on the 22d ultimo I did no more than note the enclosures, reserving any reflections until I should be ascertained on your part, whether the allegations were

true.

The opinion which the President has formed, relieves both you and myself of no small difficulty in comparing and weighing the testimony.

He has thought proper to instruct me to inform you, that on the faith which he always reposes in your assertions, he takes these points for granted: that the Favourpublick vessel of war, bearing the commission of the French Republick: and that no contravention of the act prohibiting the exportation of military stores, was

meditated in the application of those which were found on board.

The President highly disapproves that a publick vessel of war belonging to a foreign nation, should be searched by officers of the customs, upon a suspicion of illicit commerce. The propriety of representing such a suspicion to the consul of that nation, or the commander of the vessel, will not be controverted, this being a course respectful and customary. A general instruction will therefore be given to pursue this course; with the view, that if it should be ineffectual, the government of the United States may adopt those measures, which the necessity of the case, and their rights may require.

A particular instruction founded on the same principles, will be also forwarded to the collector of New York; with this addition, to discontinue the prosecution against the property, and restore what may be within his power or command. At the same time I must repeat the assurance which we entertain, that you will prevent the stores from being used in any manner, contrary to the act before referred to.

I flatter myself, sir, that this reparation of what is past, and the precaution against the future, will manifest such a disposition in our government, as will induce you to approve the decision, which a sense of justice imposes upon the President, to wave any further measures. For the appearance and circumstances of the Favourite might have misled the best intentioned man into a misapprehension of her real character. And in truth, something is due to the consideration that in our new situation it cannot be ex pected that all our officers should meet every occurrence with a correct knowledge of the usages of nations.

An insult to the French flag will not be tolerated by the President, whensoever he can prevent or punish it. But the depositions do not place this subject in so clear a light, as to prove its existence, or designate the culpable person. It is the President's purpose therefore to cause the officers of the customs to be admonished to respect your flag, and if this be not satisfactory, and you are still persuaded, that an insult has been committed; I shall be ready to concur in any arrangement, which may be convenient, for the full examination of such other witnesses, as may be produced. I have the honour, to be, &c.

EDM. RANDOLPH.

No. 33.

Mr. Randolph, Secretary of State, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Department of State, February 7, 1795.

SIR,-This moment I have received the enclosed copy of a letter from the collector of New York, to the Secretary of the Treasury. Although the subject of the Favourite has been long ago adjusted, I think it proper to hand to you any explanation, which may come to my hands.

I have the honour to be, sir, &c.

No. 34.

EDM. RANDOLPH.

Mr. Lamb, Collector of New York, to the Secretary of the Treasury. New York, November 29, 1794.

SIR, I acknowledge the receipt of your favour of the 22d instant, respecting the articles seized on board the French ship the Favourite, and agreeably to your directions, have ordered them to be restored.

At the time the seizure was made, the Favourite having been totally dismantled, her crew sent on board other ships of war, and her sails, rigging and other materials, having been sold at publick auction, she was considered as a hulk; otherwise the event would not have taken place.

With respect to the charge, That the officers of the customs had pulled down the national flag on board of the above mentioned vessel, and hoisted another in its place, it is groundless, as will appear by the papers transmitted to the Secretary of State, by Mr. Harrison, the district attorney. I am with great respect, sir, &c.

No. 35.

JOHN LAMB.

Mr. Randolph, Secretary of State, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Department of State, August 14, 1794.

SIR,-Information has been given to the President of the United States, that the privateer called la Carmagnole,

which has always been considered as one of those fitted out in opposition to the sense of our government, is now in the river Delaware. This vessel is represented to retain still her warlike apparatus. It is probable, that you have not been informed that she was ordered to quit our ports, or to be dismantled. But notwithstanding this injunction, her military qualities are not yet laid aside, and she continues to go out and come into our ports. I am confident, sir, that you will disapprove of this proceeding, and that you will render it unnecessary for the President to execute the determination which he finds himself compelled to make under the circumstances of the case, that la Carmagnole be dismantled. The readiness with which plied with the wish of the government on a similar occasion induces me to hope that you will issue orders for dismantling her; and prevent the President from taking on this subject, those measures which he wishes to avoid.

you com

The expedition with which this privateer moves will naturally suggest to you the propriety of my requesting that your interference should be as prompt as possible. I have the honour to be, sir, &c.

EDM. RANDOLPH.

No. 36.

TRANSLATION.

Mr. Fauchet, Minister Plenipotentiary of the French Republick, to Mr. Randolph, Secretary of State of the United States. Philadelphia, 29th Thermidor, 2d year of the French Republick, (16th August, 1794, O. S.)

SIR,-I inform you that the uneasiness testified by the government of the United States, relative to the Columbia, which was supposed to be in the Delaware, is groundless. This vessel received an order from me on the 4th instant to put to sea immediately. If she has not executed it, she must have been prevented by the English forces or by the necessity of making some indispensable repairs, before the voyage she is about to undertake. Accept my respect, JH. FAUCHET.