6. Free exports of arms and military stores.

7. The exclusion of the terms "the most favored nation," as being productive of embarrassment.

8. The convoy of merchant ships by the public ships of war, where it shall be necessary, and they be holding the same course.

9. It is anxiously to be desired, that the fishing grounds now engrossed by the British should be opened to the citizens of the United States.

10. The intercourse with England makes it necessary that the disabilities, arising from alienage in cases of inheritance, should be put upon a liberal footing, or rather abolished.

11. You may discuss the sale of prizes in our ports while we are neutral; and this, perhaps, may be added to the considerations which we have to give, besides those of reciprocity.

12. Proper shelter, defence, and succor against pirates, shipwreck, &c.

13. Full security for the retiring of the citizens of the United States from the British dominions, in case a war should break out. 14. No privateering commissions to be taken out by the subjects of the one, or citizens of the other party, against each other.

15.

dies.

16.

Consuls, &c. to be admitted in Europe, the West and East In

In case of an Indian war, none but the usual supplies in peace shall be furnished.

17. In peace, no troops to be kept within a limited distance from the lakes.

18.

France.

No stipulation whatever is to interfere with our obligations to

19. A treaty is not to continue beyond fifteen years.

4. This enumeration presents generally the objects which it is desirable to comprize in a commercial treaty; not that it is expected that one can be effected with so great a latitude of advantages.

If to the actual footing of our commerce and navigation in the British European dominions, could be added the privilege of carrying directly from the United States to the British West Indies, in our own bottoms generally, or of certain defined burthens, the articles, which, by the act of Parliament, 28 Geo. 3, c. 6, may be carried thither in British bottoms, and of bringing from thence directly to the United States in our bottoms. of like description, the articles which, by the same act, may be brought from thence to the United States, in British bottoms, this would afford an acceptable basis of treaty for a term not exceeding fifteen years; and it would be advisable to conclude a treaty upon that basis. But such a treaty, instead of the usual clause concerning ratification, must contain the following: "This treaty shall be obligatory and conclusive, when the same shall be ratified by his Britannic Majesty of the one part, and by the President of the United States, by and with the advice and consent of the Senate, of the other."

But if a treaty of commerce cannot be formed upon a basis as ad

vantageous as this, you are not to conclude or sign any such; it being conceived, that it would not be expedient to do any thing more than to digest with the British Ministry the articles of such a treaty, as they appear willing to accede to; referring them here for consideration and further instruction, previous to a formal conclusion.

Some of the other points, which it would be interesting to comprehend in a treaty, may not be attended with difficulty. Among these, is the admission of our commodities and manufactures, generally, into the British European dominions upon a footing equally good with those of other foreign countries. At present, certain enumerated articles only are admitted; and though the enumeration embraces all the articles which it is of present consequence to us to be able to export to those dominions, yet, in process of time, an extension of the objects may become of moment. The fixing of the privileges, which we now enjoy in the British East Indies, by toleration of the Company's Government, if any arrangement can be made, with the consent of the Company, for that purpose, would be also a valuable ingredient.

5. You will have no difficulty in gaining access to the ministers of Russia, Denmark, and Sweden, at the Court of London. The principles of the armed neutrality would abundantly cover our neutral rights. If, therefore, the situation of things with respect to Great Britain, should dictate the necessity of taking the precaution of foreign co-operation upon this head; if no prospect of accommodation should be thwarted by the danger of such a measure being known to the British Court; and if an entire view of all our political relations shall, in your judgment, permit the step; you will sound those ministers upon the probability of an alliance with their nations to support those principles.

However, there can be no risk in examining what can be concerted with Denmark and Sweden, or any other Power, against the Algerines. It may be represented to the British Ministry, how productive of perfect conciliation it might be to the people of the United States if Great Britain would use her influence with the Dey of Algiers for the liberation of the American citizens in captivity, and for a peace upon reasonable terms. It has been communicated from abroad, to be the fixed policy of Great Britain to check our trade in grain to the Mediterranean. This is too doubtful to be assumed, but fit for inquiry.

6. Such are the outlines of the conduct which the President wishes you to pursue. He is aware, that, at this distance, and during the present instability of public events, he cannot undertake to prescribe rules which shall be irrevocable. You will, therefore, consider the ideas herein expressed, as amounting to recommendations only, which, in your discretion, you may modify, as seems most beneficial to the United States, except in the two following cases, which are immutable.

1. That, as the British Ministry will, doubtless, be solicitous to to detach us from France, and may probably make some overture of this kind, you will inform them, that the Government of the United States will not derogate from our treaties and engagements with

France, and that experience has shewn, that we can be honest in our duties to the British nation, without laying ourselves under any particular restraints as to other nations.

And, 2dly, That no treaty of commerce be concluded or signed, contrary to the foregoing prohibition.

Besides the papers and documents mentioned in the former parts of these instructions, you have received your commission as Envoy Extraordinary; letters of credence to the King and Queen of England, the latter of which, being without superscription, you will address, as may appear proper, and deliver or not, as you find to be right on such occasions; four sets of powers, one general, comprehending all the points to be negotiated with Great Britain; the other three special, for each separate point; in order that you may be prepared to exhibit your authority altogether, or by detachment, as may be most convenient copies of Lord Dorchester's speech to the Indians, the authenticity of which, though not absolutely ascertained, is believed; and of certain affidavits respecting the British interference with our Indians; and a cypher.

You are too well acquainted with the nature of the great functions which you are called to exercise, to render it necessary for me to add the earnest wish of the President of the United States, that your communications to the Secretary of State should be frequent and full; and that you should correspond with our ministers abroad, upon any interesting occasion, which may demand it. For the latter of these purposes, you will avail yourself of Mr. Pinckney's cyphers.

Your expenses will be paid, together with the allowance of thirteen hundred and fifty dollars per annum for a secretary.

On your return, you will be pleased to deliver into the Secretary of State's Office such papers as you may possess. of importance sufficient to be filed there, and will prepare a general report of all your transactions.

Not doubting that you will execute this trust in a manner honorable to yourself, and salutary to the United States. I beg leave to offer to you my sincere wishes for your health and safe return.

EDM'D RANDOLPH.

No. 64.

Secretary of State to Mr. Jay, dated

PHILADELPHA, Nov. 12th, 1794.

[EXTRACT.]

"If the prohibition to sell French prizes should commence sooner than the termination of the war, we shall be placed in very great difficulties; and I am pleased to observe that you are impressed with the force of this idea.”

No. 65.

Mr. Monroe to the Secretary of State, dated

[EXTRACT.]

PARIS, August 17, 1795.

"Within a few days past, Philadelphia papers were received here as late as the 3d of July containing Mr. Jay's treaty. together with such proceedings of the Senate upon it as were then published. As the gazettes are circulating every where, I conclude some of them are in possession of the Committee of Public Safety, and that the details they contain will likewise soon find their way into the papers of this city; indeed it is said they are already published at Havre. As yet, I have heard nothing from the Committee upon the subject of this treaty, nor do I expect to hear any thing from that body upon it, let the impression be what it may, otherwise than in reply to such communication as I shall make in regard to that transaction; and in respect to which it may be proper to add, that I shall take no step without your particular instruction. For as I presume that some ulterior plan is or will be adopted in regard to that treaty, and upou which, in its relation to this Republic, my conduct will be particularly marked out, so I deem it my indispensable duty to avoid, in the interim, any the slightest compromitment either of you or myself upon that subject. I mention this that you may distinctly know how completely the final result of this business, so far as it depends upon me, is, as indeed it ought to be, under your control.

As I have had no communication with this government upon the subject of this treaty, since its contents were known, it is of course impossible for me to say what the impression it has made is. It is as easy for you, with the lights you have, to form a correct opinion on that point, in Philadelphia, as for me to do it here. One circumstance, however, I think proper to bring to your view soon after the British Government had recommenced the seizure of our vessels destined for the ports of France, it was notified to the committee by a secret agent of this government, who had just returned from England, that he had been advised there through a channel to be relied on. that the English administration had said, they knew that measure would not be offensive to our government, or, in other words, that it was a case provided for between the two governments. I treated the communication with contempt, and was happy to hear that it was considered nearly in the same light by the committee itself. But, since the arrival of the treaty, I have understood that, in connection with that report, the attention of many has been drawn, with some degree of solicitude, to the contents of the second paragraph of the 18th Article, and who say that, as that article leaves the law of nations unsettled, and provides payment for seizures in case of contraband, and of course for those which are not contraband, whereby the complaints of our citizens are prevented, and the British construc

tion, by implication, countenanced, this Republic has a right to complain of it. I mention this objection to you, that you may be aware of it, in case it should ever be brought forward on this, or your side of the water; and that it will be brought forward, I think probable, if those seizures are not noticed in some very pointed manner. 'Tis painful to me to give you a detail of this kind. but, being an interesting fact, I do not see with what propriety it can be withheld."

No. 66.

Mr. Skipwith, Consul General of the United States, at Paris, to Mr. Monroe, dated Paris, Vindemiaire, 3d year, [25th September, 1795.]

[EXTRACT.]

"At your request, I now lay before you a statement of the innumerable embarrassments and difficulties which our commerce has, for a long time, and continues still to labor under, in the different ports of the French Republic. It is evident, if their Government does not soon remedy the incessant abuses and vexations practised daily upon our merchants, vessels, captains, and crews, the trade of the United States with France must cease. I cannot give you an ample detail of all the inconveniences and oppressions which have been thrown upon our commerce; many of the Consuls and their agents, to whom you have written, to forward such documents to my office, having not yet done it; besides, it would take volumes to expose them at full length.

"From the communications, however, already received from the different ports, and from the information I have collected from the captains present, I can assure you that there are near 300 sail of American vessels now in the ports of France; all of whom have suffered, or are suffering, more or less delay and difficulties, of which the examples annexed will afford you a general view. The hardships of which I have chiefly to complain, and out of which there grows incalculable evils, may be developed under four general heads : "1st. The capture, indiscriminately, of our vessels at sea, by the vessels of war of the Republic.

66

2dly. The impossibility of Americans selling their cargoes and receiving payment, at the ports to which they are conducted, or of their own accord arrive.

3dly. The difficulties and procrastination which they find in their transactions with the Boards of Marine and Commerce.

"4thly. The non-compliance or heretofore delay in fulfilling the contracts made by the agents of the French Republic in America, for supplies of provisions.

"The seizure of our vessels at sea, often gives rise to the most serious and well founded complaints; the stripping them of their offi