to diftinguish the pirate from authorized veffels. It is alfo law. ful to demand the release of a prize taken within the extent of the jurifdiction, that is to say, within the reach of cannon fhot. But what abufe, what vexations, what odious chicanery, have flowed from the deviation from the meaning of the article? The government of the United States has rejected the precautions fug... gefted to remedy the evil. Experience has fhown that without thofe precautions the article is illufory.

The United States permitted the fale of French prizes until Prairial, 4th year (May, or June, 1796). At this period the fupreme court decreed the revocation of this advantage, in virtue of the 24th article of the treaty with Great Britain. The 27th article nevertheless adds, that that treaty fhall in no refpect alter thofe which the United States may have previously contracted. But the liberty enjoyed by the French veifels of war of felling their prizes, is derived from the 17th and 22d articles of the treaty of commerce of the 6th February 1788. The 17th article would be of little value, if it were confined to the right of afylum. The 22d article would be mere furplufage, if it did not declare a right for the French, and an interdiction for their enemies. Great Britain obtained a fimilar right only on condition that it fhould be without force in all cafes wherein France fhould be interefted. When the United States concluded their treaty with Holland in October 1782, the memory of the treaty of 1778 was not yet weakened; and the exclufive privilege of the 22d article of the latter is formally acknowledged in the 22d article of the former.

The fame 22d article of the treaty of 1778, must be appealed to against the refufal given to French veffels of war to make any change of their armament in the United States. If the defire to prevent the diforders, of which the American government complained, induced the committee of public fafety, in the beginning of the 28 year, to caufe all original armament in the name of the republic, in the United States, to be stopped, it did not intend that the abandonment of a doubtful pretenfion fhould carry with it that of an explicit right.

In the 23d and 24th articles, France and the United States have agreed, that the neutrality of the flag fhould determine that of the cargo, and have contracted the too-extended catalogue of contraband merchandise. It would have been pleafing to the republic to fee in general prevalence, a fyftem conformable with found justice, and which it flatters itself one day to extend. But how could the obligation remain reciprocal between it and the United States, when there no longer remained a parity of fituation?

The English government has abused the liberality of France to her injury, fince the commencement of 1793, and has not even

Spared

Spared American cargoes bound to French ports. Principles, contrary to thofe which influence the republic, have been confecrated fince, in the 17th and 18th articles of the treaty of London. It is doubtless a forced conceffion on the part of the United States, who, until then, made it their glory, in all their treaties, to aim at the liberty of the feas; but finally, it is a conceffion made by them in favour of England. France ought to enjoy it, in virtue of the fecond article of the treaty of Paris; its regrets cannot render it infenfible to its rights.

It ought, in virtue of this fecond article, which renders immediately common to it every favour accorded by the United States to any nation whatever, to claim fome other parts of the treaty of London.

3. The impartial examination of the damages which have refulted from the deviation from the treaties of 1778.

The treaties which bind the two nations have been infenfibly rendered infignificant by fophiftical interpretations. The cleareft claufes have been finally denied. The American government has never paid regard to the fucceffive complaints of the minifters plenipotentiary of the republic. It has never admitted them to enter into conference on this fubject. It has always taken upon itself to decide; although in every reciprocal contract, neither party poffeffes the exclufive right of interpretation. After having exhaufted itself in reprefentations, the French government was obliged to cause its complaints to be unfolded for the last time, on 25th Brumaire, 5th year (Nov. 15, 1796). Stripped of the advantages which the most facred, the moft liberal treaty affured to it, it has been forced, in order to bring the United States back to their obligations to France, to imitate the conduct which England purfued previously to the treaty of London.

The court moderated its measures, after its object was accomplifhed: the prefent complaints of the United States might have been prevented, if thofe of the French government had been attended to. The complaints which the United States now make are, in fine, only the confequence of a ftate of things which had cost the French republic and its citizens the most confiderable damages. The French government nevertheless has not ceafed to offer the exact juftice which it demands. It has never refufed, and never will refufe, to enter into difcuffion upon every proper fubje&t.

I have given, Sir, to thefe three points a large developement. We are very near an agreement, when we really defire it on both fides, and when we candidly admit the ftate of the question. You fee the negotiators require very general inftructions, in order to obviate the inconveniencies which are prolonged even until now. I believe, to fix the meaning of our treaties, it will be proper to draw up a declaration concerning it, to be hereafter obligatory

upon

upon the two parties, and confidered as making a part of the ori-ginal acts; a declaration which, that it may have the force of -law, fhould be eftablished by the ratifications which the conftitutional forms refpectively require.

The United States are placed in that happy unconnected state, .which makes them, doubtlefs,. fet a peculiar value upon the claufes of their treaties relative to their commerce and navigation. It is the effect of the long neutrality which they have the hope of maintaining. But France, although firmly determined, fince it bas become a republic, to live in peace with all nations, cannot fatter itself with efcaping the fcourge which periodically torments Europe; and prudence requires that it preferve the rights which treaties fecure to it, in neutral ports, in time of war. With this double view, the American negotiators digefted the treaty of commerce of 1778. Although it be reciprocal upon the whole, fome provifions are more efpecially applicable to the fixed pofition of the United States; and others have allufion only to the eventual pofition of France. The latter has made great facrifices for the independence of the former, France has ftipulated few advantages, advantages which do not in any refpect injure the United States, and the lawfulpefs of which no foreign nation can conteft. The French republic will never renounce them.

It is now in the power of the United States to realize the dif pofitions which you manifeft in their name. The prudence of your connexions in France has preferved you from the prejudices which it is difficult not to contract, when one is lefs on his guard against foreign and even domeftic intrigues. I perfuade myself that you will transmit to your government only accurate documents. It will belong to it to purfue the best measures to effectuate a prompt reconciliation; and I ardently defire that they may correfpond with the wish of the Executive Directory.

I continue however to think, that, inftead of returning to the United States, it would be preferable that you fhould ask for the inftruments neceffary to the negotiation. Nothing could more accelerate the drawing together of thofe ties, which the French republic and the true Americans have regretted to fee relaxed. Your prefence at Paris, if the powers, which must be supposed to be on the road, fhould foon arrive, may momently accomplish the object, which we both ambitiously purfue.

Your departure, on the contrary, will give a new activity to the plots faid for precipitating the two countries into measures which are as repugnant to their inclination as to their interests. The French government being, befides, penetrated with the fame fentiments which you teftify, will hereafter wait for what may be addreffed to it, and with pleasure will behold you as the organ. Accept, Sir, the affurances of my perfect confideration.

VOL. VIII.

(Signed) CH. MAU. TALLEYRAND.

E

No.

No. XVII.

Paris, 22d June 1798.

I RECEIVED, Citizen Minifter, on the evening of the 20th inftant, your letter of the 30th Prairial (18th of June), in answer to mine of the 13th. You fay you have not made the mistake refpecting your letter of the 28th Ventofe. I am not disposed to impute to you a mistake if you have not made it; although I think that your letter will warrant the conftruction I gave it: be this as it may, juftice requires that the Prefident of the United States fhould be free from the imputation of having concealed official communications, when he had published all, which it was poffible for him to have received.

You should have prefumed, as you ftate, that after having received and tranfmitted to Philadelphia your note of the 28th Ventofe (the 18th of March), I would wait at Paris for inftructions, and further powers, if neceffary. But I had a right to expect, from what had paffed between us before the arrival of the brigantine Sophia, and indeed after it, that I fhould have. received, for the confideration of the government of the United States, propofitions on the part of this government, for reconciling the differences, and reftoring friendship between the two republics; that I fhould, ere this, have been on my paffage to the United States; and that a French minifter would have been fent to Philadelphia to complete the negotiation.

I accordingly informed you, before the arrival of the brigantine, that I should embark for America in June; and after her arrival, that I should take my paffage in her, as foon as the could be fitted for fea.

You have ftated and developed three points on which you conceive the negotiation between France and the United States ought effentially to reft. Your letter on this fubject will carefully communicate to my government and if, after the voluminous official difcuffions, on the part of each of the republics, of the fubjects in difpute between them, you conceive that a reconciliation will beft be promoted by this mode only, I fincerely with it fuccefs.

You fay that France, in her treaty with the United States, has ftipulated few advantages, which in no wife injure them, and the legality of which cannot be contested by any foreign nation. You then add, that the French government will never renounce them.

The government of the United States never defired of France a renunciation of any right to which fhe is entitled by their exifting treaties in conftruing fome parts of thefe, the two governments have different opinions; but this is not unusual between

nations; and when they are amicably difpofed, and governed by the principles you have juftly laid down, that neither party has the right of exclufive interpretation, they are generally fuc-cefsful, if direct meafures fail, in adjusting their difputes by arbitration this mode has been fuccefsfully adopted by the United States with other nations.

My connexions in France, Citizen Minifter, have neither preferved me from, or fubjected me to prejudices. I am governed by my own principles: thofe, you may be affured, will always prompt me, in the difcharge of my duty, to present to my government exact documents and statements of facts.

It is impoffible for me to apply to the government for the neceffary inftruments to conduct the negotiation. On the other hand, fhould fuch a propofition be made to me, I should certainly, under exifting circumftances, decline it. Nevertheless, I again affure you, that it will give me the greatest pleasure, if, by any other means, I can contribute to a juft and honourable accommodation of the differences between the two republics.

return to the United States, which is indifpenfable, cannot, as I conceive, be attended with the effect you mention; more efpecially as the connexion between the two countries will be ftill kept up by their refpective confuls.

Accept, Citizen Minifter, the affurances of my perfect refpect.

To the Minifter of Foreign Affairs

of the French Republic.

(Signed)

E. GERRY.

No. XVIII.

Mr. Gerry, to the Minister of Foreign Relations of the French

Citizen Minister,

Republic.

Paris, 25th June 1798. I AM again under the neceffity of applying for necessary documents to enable me to return to the United States; and as you cannot be infenfible of the manifeft difadvantages on my part resulting from the delay of them, I prefume that they are now in readiness.

Accept my affurances of efteem and refpect.

(Signed)

E. GERRY.