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to treaties, cannot for a moment admit that it has forfeited the right to claim a reciprocal obfervance of ftipulations on the part of the French republic, whofe friendship moreover it has every reason to cultivate with the most perfect fincerity. This right, formerly infringed by a decree of the national convention, was recognized anew by the repeal of that decree. Why it fhould be again queftioned, we are at a lofs to determine. We are ignorant of any new restraints on our commerce by the British government; on the contrary, we poffefs recent official information, that no new orders have been iffued.

The captures made by the Britif, of American veffels having French property on board, are warranted by the law of nations. The force and operation of this law was contemplated by France and the United States, when they formed their treaty of commerce; and their Special ftipulation on this point was meant as an exception to au univerfal rule; neither our weak nefs nor our strength have any choice, when the question concerns the obférvance of a known rule of the

law of nations.

You are pleafed to remark, that the conduct of Great Britain, in capturing veffels bound to and from French ports, had been the fubject of a note, which, on' the 29th of September, 1795, was addreffed to the fecretary of ftate, but which remained without an answer. Very fufficient reafons may be affigned for the omiflion. The fubject, in all its afpects, had been officially and publicly difcuffed; and the principles and ultimate meafures of the United States, founded on their indifputable rights, were as publicly fixed. But if the fubject had not, by the previous difcuflions,

been already exhaufted, can it be a matter of furprife that there fhould be a repugnance to anfwer a letter containing fuch infinuations as these?

"It must then be clear to every man, who will discard prejudices, love, hatred, and, in a word, all the paffions which lead the judg ment aftray, that the French republic has a right to complain, if the American government fuffered the English to interrupt the commercial relations which exift between her and the United States; if by a perfidious condefcenfion it permitted the English to violate a right which it ought, for its own honour and intereft, to defend; if, under the cloak of neutrality, it prefented to England a poniard to cut the throat of its faithful ally; if, in fine, partaking in the tyrannical and homicidal rage of Great Britain, it concurred to plunge the people of France into the horrors of famine !" For the fake of preferving harmony, filence was preferred to a comment upon thefe infinuations.

You are alfo pleased to refer to your letters of March and April laft, relative to impreffes of American feamen by Britifh fhips, and complain that the government of the United States had not made known to you the fteps they had taken to obtain fatisfaction. This, fir, was a matter which concerned only that government. As an independent nation, we are not bound to render an account to any other of the measures we deemed proper for the protection of our own citizens, fo long as there was not the flightest ground to fufpect that the government ever acquiefced in any aggreffion.

But permit me to recur to the fubject of the decree of the execu tive directory.

As

As before observed, we are of ficially informed that the British government have iffued no new orders for capturing the veffels of the United States. We are alfo officially informed, that, on the appearance of the notification of that decree, the minifter of the United States at Paris applied for information, "Whether orders were iffed for the feizure of neutral veffels, and was informed, that no fuch order was iffued, and further, that no fuch order would be iffued, in cafe the British did not feize our veffels." This communication from the minifter of the United States at Paris, to their minifter at London, was dated the 28th of Auguft; but the decree of the directory bears date the 14th Meffidor, anfwering to the 2d of July. Thefe circumftances, together with fome obfervations in your note, leave the American government in a state of uncertainty of the real intentions of the government in France. Allow me then to ask, whether, in the actual state of things, our commerce is confidered as liable to fuffer any new reftrictions on the part of the French republic? Whether the reftraints now exercifed by the British government are confidered as of a nature to justify a denial of thofe rights which are pledged to us by our treaty with your nation? Whether orders have been actually given to the fhips of war of the French republic to capture the veffels of the United States? And what, if they exift, are the precife terms of thofe orders?

The queftions, fir, you will fee, are highly interefting to the United States. It is with extreme concern that the government finds itself reduced to the neceffity of afking an explanation of this nature; and if

it fhall be informed that a new line
of conduct is to be adopted towards
this country, on the ground of the
decree referred to, its furprife will
equal its regret, that principles
fhould now be queftioned, which,
after repeated difcuffions both here
and in France, have been demon-
ftrated to be founded, as we con-
ceive, in the obligations of im-
partial neutrality, of ftipulations by,
treaty, and of the law of nations.
I hope, fir, you will find it con-
venient, by an early anfwer, to
remove the fufpence in which the
government of the United States is
now held on the question above,
ftated.

I fhall close this letter by one re-
mark on the fingularity of your
caufing the publication of your
As it concerned the United
note.
States, it was properly addreffed to
its government, to which alone
pertained the right of communi-
cating it in fuch time and manner as
it fhould think fit to the citizens of
the United States.

I am, fir, with great refpect,

Your most obedient fervant,

TIMOTHY PICKERING. United States, Philadelphia, Nov. 3. To M. Adet, minifter plenipotentiary of the French republic.

A Proclamation by George Washington, Prefident of the United States of America.

Whereas an explanatory article, to be added to the treaty of amity, commerce, and navigation, between the United States and his Britannic majefty, was concluded and figned at Philadelphia, on the 4th day of May laft, by Timothy Pickering, efq. fecretary of state, on the part of the United States, and by Phineas Bond, efq, the commiffioner of

9

his

his Britannic majefty, which explanatory article is in the words following:

EXPLANATORY ARTICLE. Whereas by the third article of the treaty of amity, commerce, and navigation, concluded at London on the nineteenth day of November, one thoufand feven hundred and ninety-four, between his Britannic majefty and the United States of America, it was agreed that it fhould at all times be free to his majesty's fubjects, and to the citizens of the United States, and alfo to the Indians dwelling on either fide of the boundary line affigned by the treaty of peace to the United States, freely to pafs and repafs, by land or inland navigation, into the refpective territories and countries of the two contracting parties on the continent of America (the country within the limits of the Hudfon Bay company only excepted), and to navigate all the lakes, rivers, and waters thereof, and freely to carry on trade and commerce with each other, fubject to the provifions and limitations contained in the faid article: And whereas, by the eighth article of the treaty of peace and friendship concluded at Grenville, on the third day of Auguft, one thousand seven hundred and ninety-five, between the United States, and the nations or tribes of Indians called the Wyandots, Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel River, Weeas, Kickapoos, Piankafhaws, and Kafkafkias, it was ftipulated. that no perfon should be permitted to refide at any of the towns or hunting camps of the faid Indian tribes as a trader, who is not furnished with a licence for that purpofe, under the authority of the

United States; which latter ftipu lation has excited doubts whether in its operation it may not interfere with the due execution of the faid third article of the treaty of amity, commerce, and navigation: and it being the fincere defire of his Britannic majefty, and of the United States, that this point fhould be fo explained as to remove all doubts, and promote mutual fatisfaction and friendfhip: and for this purpose his Britannic majefty hav ing named for his commiffioner, Phineas Bond, ef, his majefty's conful general for the middle and fouthern ftates of America (and now his majesty's chargé d'affaires to the United States); and the prefident of the United States having named for their commiffioner Timothy Pickering, efq. fecretary of ftate of the United States, to whom, agreeable to the laws of the United States, he has entrusted this negotiation: they, the faid commiffioners, having communicated to each other their full powers, have, in virtue of the fame, and conforma bly to the fpirit of the laft article of the faid treaty of amity, commerce, and navigation, entered into this explanatory article, and do by thefe prefents explicitly agree and declare, That no ftipulations in any treaty fubfequently concluded by either of the contracting parties with any other state or nation, or with any Indian tribe, can be underftood to derogate in any manner from the rights of free intercourfe and commerce fecured by the aforefaid third article of the treaty of amity, commerce, and naviga tion, to the fubjects of his majefty, and to the citizens of the United States, and to the Indians dwelling on either fide of the boundary line aforefaid; but that all the faid perfons fhall remain at full liberty

freely

freely to pafs and repafs, by land or inland navigation, into the refpective territories and countries of the contracting parties, on either fide of the faid boundary line, and freely to carry on trade and commerce with each other, according to the ftipulations of the faid third article of the treaty of amity, commerce, and navigation.

This explanatory article, when the fame hall have been ratified by his majesty, and by the prefident of the United States, by and with the advice and confent of their fenate, and the refpective ratifications mutually exchanged, fhall be added to and make a part of the faid treaty of amity, commerce, and navigation, and fhall be permanently binding upon his majesty and the United States.

In witnefs whereof we, the faid commiffioners of his majefty the king of Great Britain and the United States of America, have figned this explanatory article, and thereto affixed our

feals. Done at Philadelphia, this fourth day of May, in the year of our lord one thoufand feven hundred and ninety-fix. P. BOND, (L. S.) TIMOTHY PICKERING, (L. S.)

And whereas the faid explanatory article has by me, by and with the advice and confent of the fenate of the United States on the one part, and by his Britannic majefty on the other, been duly approved and ratified, and the ratifications have fince, to wit, on the fixth day of October laft, been duly exchanged: now, therefore, to the end that the faid explanatory article may be executed and obferved with punctuality and the most fincere regard to good faith on the 1796.

part of the United States, I hereby make known the premifes; and enjoin and require all perfons bearing office, civil or military, within the United States, and all others, citizens or inhabitants thereof, or being within the fame, to execute and obferve the faid explanatory article accordingly.

In teftimony whereof I have caufed the feal of the United States to be affixed to thefe prefents, and figned the fame with my hand.

Given at the city of Philadel phia, the fourth day of November, in the year of our Lord one thoufand feven hundred and minety-fix, and of the independence of the United States of America the twenty-first.

(L. S.) GEORGE WASHINGTON.
By the prefident,

TIMOTHY PICKERING,
Secretary of State.

Speech of George Washington, Prefi dent of the United States of Ame rica, to both Houfes of Congress December, 7, 1796.

Fellow citizens of the fenaté, and of the house of reprefentatives,

In recurring to the internal fitu ation of our country fince I had laft the pleafure to address you, I find ample reafon for a renewed expreffion of that gratitude to the Ruler of the Univerfe, which a continued feries of profperity has fo often and fo juftly called forth.

The acts of the left feffion, which required fpecial arrangements, have been, as far as circumftances would admit, carried into operation.

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continuance of the friendship of the Indians, and to preferve peace along the extent of our interior frontier, have been digefted and adopted. In the framing of thefe, care has been taken to guard, on the one hand, our advanced fettlements from the predatory incurfions of those unruly individuals who cannot be restrained by their tribes; and on the other hand, to protect the rights fecured to the Indians by treaty; to draw them nearer to the civilized state, and infpire them with correct conceptions of the power, as well as juftice of the government.

The meeting of the deputies from the Creek nation at Oolerain in the state of Georgia, which had for a principal object the purchafe of a parcel of their land by that ftate, broke up without its being accomplished; the nation having, previously to their departure, inftructed them against making any fale: the occafion, however, has been improved, to confirm, by a new treaty with the Creeks, their pre-exifting engagements with the United States, and to obtain their confent to the establishment of trading houfes and military pofts within their boundary, by means of which their friendship and the general peace may be more effectually fecured.

The period during the late feffion, at which the appropriation was paffed for carrying into effect the treaty of amity, commerce, and navigation between the United States and his Britannic majetty, neceffarily procraftinated the reception of the pofts ftipulated to be delivered, beyond the date affigned for that event. As foon, however, as the governor-general of Canada could be addrelled with propriety on the fubject, arrangements were

cordially and promptly concluded for their evacuation; and the Unit ed States took poffeffion of the prin cipal of them, comprehending Ofwego, Niagara, Detroit, Michalimakinac and Fort Miami, where fuch repairs and additions have been ordered to be made as appear. ed indifpenfable.

The commiffioners appointed on the part of the United States and of Great Britain, to determine which is the river St. Croix mentioned in the treaty of peace of 1783, agreed in the choice of Egbert Benfon, efq. of New York for the third commiffioner. The whole met at St. Andrew's, Paffaminquodday Bay, in the beginning of October, and directed furveys to be made of the rivers in difpute; but deeming it impracticable to have these surveys completed before the next year, they adjourned to meet at Bofton, in August 1797, for the final decifion of the question.

Other commiffioners appointed on the part of the United States, agreeably to the 7th article of the treaty with Great Britain, relative to captures and condemnation of veffels and other property, met the commiffioners of his Britannic majefty in London, in Auguft laft, when John Trumbull, efq. was chofen by lot for the fifth commiflioner. In October following the board were to proceed to bufinefs. As yet there has been no communication of commiffioners on the part of Great Britain to unite with those who have been appointed on the part of the Unit ed States, for carrying into effect the fixth article of the treaty.

The treaty with Spain required that the commiffioners for running the boundary line, between the ter ritory of the United States and his catholic majefty's provinces of Eath

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