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No. 88.

TRANSLATION.

The Consul of Philadelphia to Citizen Adet, Minister Plenipotentiary from the French Republick to the United States. Philadelphia, the 24th Thermidor, 3d year of the French Republick, one and indivisible.

In conformity with your letter of the 21st of Thermidor, I gave security for the lieutenant of the navy, Davis, commander of the publick corvette the Cassius. I this moment understand, that an American publick officer went on board of the Cassius and wanted to post up a paper on the main-mast: the officer who then commanded opposed it.

The judgment respecting captain Davis which was to have been pronounced to day has been adjourned till Friday. At present, security is demanded for the vessel, in default of which, they will go on board and take away the sails, apparel, &c.

Shall I give security in the name of the Republick to the value of this vessel? I cannot do it as an individual for I have not the means.

An answer will be called for in four hours: I expect by that time to receive yours.

A true extract.

P. A. ADET.

No. 89.

TRANSLATION.

The Minister Plenipotentiary of the French Republick near the United States, to Mr. Randolph, Secretary of State of the United States. Philadelphia, the 1st Fructidor, 3d year of the French Republick, one and indivisible (Aug. 18, 1795, O. S.)

SIR, I have this moment received a letter from the captain of the corvette le Cassius, informing me that the practice made use of to corrupt his crew has succeeded. Eighteen of them deserted yesterday. Thefts were last

might committed on board by unknown persons, and the captain still apprehends other disorders.

Should this vessel receive damage, go to decay, or not be able to fulfil the mission with which she is charged, and from those causes the interest of the Republick suffer an injury, permit me to inform you, sir, that it must impute it only to a want of energy in doing justice to my equitable representations. I ought not, nor can I address myself to any person but yourself; I do not know, nor ought I to know, any other than the government of the United States; I cannot admit, under any shape, the competency of your courts in the different circumstances arising from the execution or inexecution of the treaties. If these courts are the first to violate them, I can only apply to the govern ment for a redress of that violation; otherwise it would be rendering the agents of the French government, the French government itself, amenable to these tribunals; which would be reversing principles.

I doubt not that you have been penetrated with these principles, since Mr. Duponceau writes me that you had instructed the district attorney of Pennsylvania to manage the cause with the district court, in which the affair of the Cassius is pending. But this step will not have the desired effect, because the favourable decision that he may obtain will of course be liable to an appeal, and thus the vessel may be detained eight or ten months for a definitive decision.

I cannot accede to the proposition of the attorney to furnish security for the vessel. If security must be furnished, it should be done by the government of the United States; as it must answer for the execution of the treaties to the French Republick, and as the 9th article of our treaty is violated by the conduct of the district court of Pennsylvania.

It seems to me, sir, that there is a mode for determining this affair. The government of the United States may ask and obtain a prohibition from the supreme court, to the inferior courts, stopping proceedings similar to the case in question. Then, sir, you might take such measures as you think proper for liberating the corvette le Cassius and her captain.

Such are the observations which I have to present to you. I venture to hope that you will be pleased to take

them into consideration, and render full operation to our treaty. Accept, sir, &c.

No. 90.

P. A. ADET.

Mr. Pickering to Mr. Adet, Minister Plenipotentiary of the French Republick. Department of State, Aug. 25, 1795.

SIR, The President of the United States having assigned to me a temporary agency in the department of state, vacant by the resignation of Mr. Randolph, your letter of the 10th inst. was consequently put into my hands. I received it on Saturday the 22d, and have since lost no time in making the inquiries necessary to enable

me to return an answer.

The outrage committed towards the Republick of France in the person of your predecessor, by the British ship of war the Africa, being a violation of the neutrality of the United States, and of the laws of nations, engaged the immediate attention of our government. The case was stated to Mr. Hammond, the British minister; but his departure for London, and the consequent transfer of the duties of his office to Mr. Bond, at present charge des af faires of the British government, have doubtless occasioned some delay. I can, however, assure you, that measures have been taken, and will be strictly pursued, for obtaining every reparation in our power for any injuries committed, and for asserting the just rights of the French Republick, so far as they have been infringed within the jurisdiction of the United States. You shall be duly informed of the result, as soon as it shall be ascertained.

On the subject of the corvette Le Cassius, which has been arrested at the suit of a citizen of the United States, Mr. Randolph has already informed you, "that as long as the question is in the hands of our courts, the Executive cannot withdraw it from them." Of the truth of this principle, I trust no doubt will be entertained. As speedy a decision as the necessary forms of proceeding would admit, you had a right to expect. The answers received to my personal inquiries authorize me to say, that on the part of the court, in which the Cassius was libelled, there was no unnecessary delay. Finally, a prohibition to the

district court was moved for in the supreme court of the United States, where the motion was supported by such an exhibition of facts as induced the court to grant the prohibition in consequence of which the Cassius was immediately liberated.

But I have since learned that an information has been filed in the circuit court of the United States, against Le Cassius, as a vessel illegally armed and equipped within the jurisdiction of the United States.

I believe it will not be controverted, that Le Cassius is the same vessel which departed from the port of Philadelphia, in December last, by the name of Les Jumeaux. This vessel (Les Jumeaux) openly resisted in arms the authority of our government, attempted to be enforced against her for a violation of our laws. The circumstances are detailed in the official report of David Robinett, dated Jan. 5, 1795, of which I enclose a copy.

This vessel is also understood to be at present commanded by a citizen of the United States, who went out in her, ostensibly as a passenger, and who consequently was on board of her when the laws of the United States were forcibly resisted.

Now admitting the facts to be as here stated, can it excite any surprise that Le Cassius should be subjected to the course of legal process before the courts of the United States? I persuade myself, sir, that your candour will allow there is ground sufficient to institute a legal inquiry, and to acquit our officers and tribunals of even the suspicion of improper interference in this case.

You are pleased to advert to the new treaty between the United States and Great Britain: but even if it were in operation, which is not the case, the assurances which have been given you are certainly just, that it could not weaken our engagements to France. These are secured by the laws of nations, and by an express stipulation in the treaty itself. I am, sir, &c.

TIMOTHY PICKERING.

No. 91.

Wilmington, Jan. 6, 1795.

SIR, Your letter of the 29th ult. enclosing a copy of a letter from Mr. Rawle, also one to the governour of this

state, or the commanding officer of the militia, with one to the marshal of this district, I received the same evening at 11 o'clock. The letter to the marshal I immediately forwarded by express, and delivered the other to general Bedford, commanding officer of the militia in this place. He immediately ordered out 150 militia, under the command of major Grantham, who marched to Port Penn with all expedition, as the revenue cutter, under the command of captain Montgomery, lay there; I also attended, and found from inquiry, the ship Jumeaux, captain Rualt, lay opposite the Thrum Capps, supposed 25 miles below Port Penn. No other vessel could be procured than this cutter; it was thought most advisable to put a captain's command on board of her, with the deputy marshal and my deputy; and on the 1st of January, 1795, they proceeded down the bay: what occurred you will see from the enclosed report made by my deputy thereon. I have the honour to be, &c.

GEORGE BUSH, Collr. Dist. of Delaware.

General Henry Knox.

No. 92.

Report of David Robinett acting as Deputy Collector for the District of Delaware, respecting the ship Jumeaux, Captain Ruall.

December 31st, 1794. Agreeable to orders given to me by George Bush, collector of the district of Delaware, I proceeded to Port Penn in the revenue barge, and on January 1st, 1795, went on board the revenue cutter General Green, commanded by captain Jas. Montgomery, with Thomas Rothwell the deputy marshal, and captain Dale of the militia, with about forty men; we proceeded down the bay as far as Bombay Hook, where we found the ship Jumeaux lying at anchor. The cutter then hove to, near to the ship; the deputy marshal, captain Montgomery, captain Dale, ensign Van Dike and myself boarded the said ship in the cutter's boat, and found her to have no more guns than what appeared she cleared out from Philadelphia, viz. 4 six pounders, but they were mounted on old carriages, and two swivels-her ports

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