French cruifers, that they could no longer, as had been until then practifed, be permitted to fell their prizes in the ports of the United States. This decifion was rendered by the federal court of juftice, and found ed upon the treaty concluded between the United States and Great Britain. The newspapers, known to be under the indirect controul of the cabinet, have fince the treaty redoubled the invectives and calumnies against the republic and against her principles, her magiftrates, and her envoys. Pamphlets, openly paid for by the minifter of Great Britain, have re-produced, in every form, those infults and calumnies, without a state of things fo fcandalous having ever attracted the attention of the government, which might have repreffed it. On the contrary, the government itfelf was intent upon encouraging this fcandal, in its public acts. The executive directory has feen itself denounced, in a speech delivered by the prefident in the courfe of the month of May laft (O. S.) as endeavouring to propagate anarchy and divifion within the United States. The new allies which the republic has acquired, and who are the fame that contributed to the independence of the Americans, have been equally infulted, in the official correfpondencies which have been made public, or in the newspapers. In fine, one cannot help difcovering, in the tone of the fpeech and of the publications which have been just pointed out, a latent enmity which only waits an opportunity to break out. Facts being thus eftablished, it is difagreeable to be obliged to think that the inftructions, under which the commiffioners have acted, have not been drawn up with the fincere intention of attaining pacific refults; becaufe, far from proceeding in their memorial upon fome avowed principles and acknowleged facts, they have inverted and confounded both, fo as to be enabled to impute to the repub lic all the misfortunes of a rupture, which they feem willing to produce by fuch a courfe of proceeding. It is evident, that the defire plainly declared of fupporting, at every hazard, the treaty of London, which is the principal grievance of the republic, of adhering to the fpirit in which this treaty was formed and executed, and of not granting to the republic any of the means of reparation, which fhe has propofed, through the medium of the underfigned, have dictated thofe inftructions. It is equally evident, that no hesitation is made in facrificing to these strange fentiments, thofe, which the treaties of 1778, and the recollection of the circumftances in the midst of which they were concluded, ought to infpire. The remote confequences of fuch conduct have not escaped the attention of the directory. It is defired, while nothing is omitted to prolong the misunderstanding, and even to augment it, to throw upon the republic all the odium, in the view of America and of Europe. It is fought to juftify, by delufive appearances, the prejudices with which the name of the republic is furrounded at pleafure, and the fyftem of exafperation and alienation which is purfued, in relation to it, with the most strange obftinacy. It is finally wifhed to feize the first favourable occafion to confummate an intimate union, with a power, towards which a devotion and partiality is profeffed, which has long been the principle of the conduct of the federal government. The intentions which the underfigned here attributes to the government of the United States, are fo little disguised, that nothing feems to have been neglected at Philadelphia to manifeft them to every eye. It is probably with this view, that it was thought proper to fend to the French republic, perfons whofe opinions and connexions are too well known, to hope from them difpofitions fincerely conciliatory. It is painful for the underfigned to be obliged to make a con traft between this conduct, and that which was pursued towards the cabinet of St. James, under fimilar circumftances. An eagerness was then felt to fend to London, minifters well known for fentiments correfponding with the object of their miffion. The republic, it feems, might have expected a like deference: and, if the fame propriety has not been obferved with respect to it, it is exceedingly probable, that it is to be attributed to the views above alluded to by the underfigned. It is impoffible to forefee whither fuch difpofitions may lead. The underfigned does not hesitate to believe, that the American nation, like the French nation, fees this ftate of things with regret, and does not confider its confequences without forrow. He apprehends, that the American people will not commit a mistake, concerning the prejudices with which it has been defired to infpire them against an allied people, nor concerning the engagements which it seems to be wifhed to make them contract to the detriment of an alliance, which fo powerfully contributed to place them in the rank of nations, and to fupport them in it; and that they will fee, in these new combinations, the only dangers their profperity and importance can incur. 7 It is, therefore, only in order to fmooth the way of difcuffions, that the underfigned has entered into the preceding explanations. It is with the fame view, that he declares to the commiffioners and envoys extra. ordinary, that, notwithstanding the kind of prejudice which has been entertained with refpect to them, the executive directory is difpofed to treat with that one of the three, whose opinions, prefumed to be more im partial, promife, in the course of the explanations, more of that reciprocal confidence, which is indifpenfable. The underfigned flatters himself, that this overture will not meet, on the part of the commiffioners and envoys extraordinary, with any ferious difficulty. It is still more natural to hope it, because, by the tenor of their powers, the faid commiffioners and envoys extraordinary, are authorized to negotiate jointly or feparately: So that nothing, but the defire of preventing any accommodation, could produce any objection against this meafure; which moreover is only pointed out to the commiffioners themfelves, in order that nothing may here bear an unfavourable appear, ance; and which evidently has no other object than to affure to the negotiation an happy iffue, by avoiding at the outfet every thing which may on either fide awaken, in the courfe of this negotiation, fentiments calculated to endanger it. Penetrated with the justice of these reflections and their confequences, the executive directory has authorized the underfigned to exprefs him- The underligned hopes, that the felf, with all the franknefs which be- commiffioners and envoys extraordicomes the French nation. It is in-nary will foon enable him to inform difpenfable, that, in the NAME of the directory, he fhould diffipate thofe illufions, with which, for five years, the complaints of the minifters of the republic have been inceffantly furrounded at Philadelphia, in order to weaken, calumniate, or distort them; it was effential, in fine, that, by exhibiting their fentiments in an unequivocal manner, he fhould clear up all the doubts, and all the false interpretations, of which they might be the object. the executive directory of their determination. Whatever this determination may be, the underfigned flatters himself, that the explanations into which he has entered, will have placed the fubjects in difpute in their true light, and may eventually ferve to diffipate, in the eyes of all impartial men, the unfavourable impression, which it might be endeavoured to fix upon the intentions of the French republic and its government, He concludes by renewing to the T In that memorial, the underfigned, without furnishing caufe for reproach, might have limited themselves to a ftatement of the numerous and wellfounded complaints of the nation they reprefent. They have been induced to extend their obfervations to other fubjects, by that fincere defire to re-establish harmony and mutual confidence between the two republics, which the government of the United States has never ceafed to feel and to exprefs. Suppofing that thofe mifreprefentations, to which human actions and human fentiments muft ever continue to be expofed, might have impreffed on the mind of the French government, occupied with the great and interefting events of Europe, the unfounded fufpicion of partiality, on the part of America, for the enemies of France; the underfigned cherished the hope, that a complete review of the conduct of their government, accompanied with a candid and thorough investigation of the real principles on which that conduct was founded, by removing prejudices, might reftore fentiments which the United States have ever fought, and ftill feek to preserve. In taking this review, it was obvious, that a minute difcuffion of every particular fact might incumber the examination with details which previous explanations had rendered. unneceffary; and therefore it was confined to those leading measures of which the particular cafes were the neceffary refult. The undersigned, however, declared, and they ftill declare, that, if the government of the United States has given juft caufe of complaint to that of France, in any cafe, they are ready to confider and to compenfate the injury: that negotiation, the opening of which they have for nearly fix months unremittingly folicited and patiently attended, would, if entered upon, demonftrate the fincerity of this declaration. Still animated by the fame fpirit which has dictated all their efforts to approach this republic; ftill fearch- · ing to remove unfavourable impreffions, by a candid difplay of truths, and a frank manifestation of the principles which have really governed the United States; and ftill endeavouring thereby to facilitate the restoration of harmony between two nations, which ought to be the friends of each other; the underfigned will lay before you, the refult of their reflections on your letter of the 28th Ventofe. Whatever force you may please to allow to their obfervations, the relative fituation of the two republics, it is hoped, will not fail to convince you, that they proceed from the moft perfect conviction of their juftice. You contend, citizen minifter, that the priority of complaint is on the fide of France; and that those measures, which have so injured and oppreffed the people of the United States, have been produced by the previous conduct of their govern ther that act be prior or fubfequent to the wrongs received by that government, a difpofition and a wifh to do, in the cafe, what juftice and friendship may require, is openly avowed, and will continue to be manifefted. Your complaints against the United States may be claffed under three heads. ift. The inexecution of their treaties with France. 2d. The treaty of amity, commerce, and navigation formed with Great Britain. 3d. The conduct of their government fince that treaty. If the undersigned fhall be difappointed in their hope to convince you, that on no one of thefe points can their government be juftly inculpated; yet they perfuade themselves, that the demonftration of the good faith and upright intention, with which it has ever acted, will be complete and fatisfactory. This being proved, and a tender of compenfation for any unintentional wrong being made, a bafe for accommodation is offered, which they must yet hope will be acceptable to France. ift. The inexecution of the treaties between the United States and France. Under this head, you complain, first, That, from the commencement of the war, the American tribunals have, in effect, pretended to the right of taking cognizance of the validity of prizes brought into the ports of the United States. 2d. That, against the textual fenfe of the treaty, the government has permitted the fhips of the enemy to come to in their ports, after having captured property or veffels belonging to French citizens. 3d. That it has ordered the arreft of a national corvette, anchored in the port of Philadelphia, and that the arrestation has extended to the captain commandant. 4th. The refufal to provide the means to execute the confular convention. These complaints fhall be confider ed in the order in which they we made. ift. From the commencement of the war, the American tribunals have, in effect, pretended to the right of taking cognizance of the validity of prizes, brought into the ports of the United States by French cruifers. You have not been pleased to state a cafe, in which this right has been afferted, and the underfigned are per fuaded that no fuch cafe exifts. Far from afferting it, the government of America has exprefsly dif claimed it. Mr. Jefferfon, the then fecretary of state, in his letter to mr. Morris, of the 16th of Auguft, 1793, which letter was laid before the French government, declares, "That the United States do not pretend any right to try the validity of captures made on the high seas by France, or any other nation, on its enemies. "Thefe queftions belong, of com mon ufage, to the fovereign of the captor: and, whenever it is necessary to determine them, resort must be had to his courts. This is the cafe. provided for in the 17th article of the treaty, which fays, that fuch prizes shall not be arrested, nor cognizance taken of the validity thereof; a ftipulation much infifted on by mr. Genet and the confuls, and which we never thought of infringing or queftioning." Mr. Randolph, the fucceffor of mr. Jefferfon, in his letter to mr. Fauchet, of the 29th May, 1795, fays, "As to prizes made by legal cruifers on the high seas, it never was the intention of the prefident to interpofe; he having abstained (as the 17th article of our treaty of commerce imports) from examining into their lawfulness." Mr. Monroe, in his letter to your predeceffor, of the 15th March, 1796, fays, "You will obferve, I admit the principle, if a prize was taken upon the high feas, and by a privateer fitted out within the republic or its dominions, that in fuch cafe, our courts have no right to take cognizance of its validity. But, is any cafe of this kind alleged? I prefume none is or can be shown." But the United States have deemed it an indifpenfable duty to prevent, fo far as they could prevent, the practice of hoftility against nations with whom they were at peace, within their own limits, or by privateers fitted out in their own ports. For the reafoning of their government, in fupport of this decifion, the underfigned will again refer to the letter of mr. Jefferfon already quoted. "Another doctrine advanced by mr. Genet is, that our courts can take no cognizance of questions, whether veffels, held by them as prizes, are lawful prizes or not; that this jurifdiction belongs exclufively to their confulates here, which have been lately erected by the national affembly into complete courts of admiralty. whom in my letter of the 15th I had complained, as arrogating to himself that jurifdiction; though, in his fubfequent letters, he has thought pro-. per to embark in the errors of his confuls. "The real queftion is, whether the United States have not a right to protect veffels within their waters, and on their coafts. The Grange was taken within the Delaware, between the shores of the Jerfeys and of the Delaware ftate, and feveral miles above its mouth. The feizing of her was a flagrant violation of the jurifdiction of the United States. Mr. Genet, however, inftead of apologizing, takes great merit, in his letters, for giving her up. The William is faid to have been taken within two miles of the fhores of the U. nited States. When the admiralty declined cognizance of the cafe, fhe was delivered to the French conful, according to my letter of June 25, to be kept until the executive of the United States fhould examine into the cafe; and mr. Genet was defired, by my letter of June 29, to have them furnished with the evidence on behalf of the captors, as to the place of capture; yet, to this day, it has never been done. The brig Fanny was alleged to be taken within five miles from our fhore: the Catharine, within two miles and an half. It is an effential attribute of the jurifdiction of every country, to preferve peace, and punifh acts in breach of it, and to restore property taken by force within its limits. Were the armed veffel of any nation to cut away one of our own from the wharves of Philadelphia, and to choofe to call it a prize, would this exclude us from the right of redreffing the wrong? Were it the veffel of another nation, are we not equally bound to protect it, while within our limits? Were it feized in any other waters, or on the fhores of the United States, the right of redreffing it is ftill the fame : and humbled, indeed, would be our condition, were we obliged to depend Gc c "Let us confider first, what is the extent of the jurifdiction which the confulates of France may rightfully exercife here. Every nation has, of natural right, entirely and exclufively, all the jurifdiction which may be rightfully exercifed in the territory it occupies. If it cedes any portion of that jurifdiction to judges appointed by another nation, the limits of their power muft depend upon the inftrument of ceffion. The United States and France have, by their confular convention, given, mutually, to their confuls jurifdiction in certain cafes efpecially enumerated. But that convention gives to neither the power of establishing complete courts of admiralty, within the territory of the other, nor even of deciding the particular queftion of prize or not prize. The confulates of France then cannot take judicial cognizance of thofe questions here. "Of this opinion mr. Genet was, when he wrote his letter of May 27, wherein he promises to correct the error of the conful at Charleston, of |