No. 266.

Extract from the Inaugural Speech of the President of the United States, May 16, 1797.

"After the President of the United States received information, that the French Government had expressed serious discontents at some proceedings of the Government of these States, said to affect the interests of France, he thought it expedient to send to that country a new Minister, fully instructed to enter on such amicable discussions, and to give such candid explanations as might happily remove the discontents and suspicions of the French Government, and vindicate the conduct of the United States. For this purpose he selected from among his fellow citizens a character, whose integrity, talents, experience, and services, had placed him in the rank of the most esteemed and respected in the Nation. The direct object of his mission was expressed in his letter of credence to the French Republic; being "to maintain that good understanding, which from the commencement of the alliance had subsisted between the two Nations, and to efface unfavorable impressions, banish suspicions, and restore that cordiality which was at once the evidence and pledge of a friendly union :" and his instructions were to the same effect, faithfully to represent the disposition of the Government and People of the United States, (their disposition being one,) to remove jealousies, and obviate complaints by showing that they were groundless to restore that mutual confidence which had been so unfortunately and injuriously impaired; and to explain the relative interests of both countries, and the real sentiments of his own.

A minister thus specially commissioned, it was expected would have proved the instrument of restoring mutual confidence between the two Republics. The first step of the French Government corresponded with that expectation.

A few days before his arrival at Paris, the French Minister of Foreign Relations informed the American Minister, then resident at Paris, of the formalities to be observed by himself in taking leave, and by his successor preparatory to his reception. These formalities they observed; and on the 9th of December presented officially to the Minister of Foreign Relations, the one a copy of his letters of recall, the other a copy of his letters of credence; these were laid before the Executive Directory. Two days afterwards the Minister of Foreign Relations informed the recalled American Minister, that the Executive Directory had determined not to receive another Minister Plenipotentiary from the United States, until after the redress of grievances demanded of the American Government, and which the French Republic had a right to expect from it. The American Minister immediately endeavored to ascertain whether, by refusing to receive him, it was intended that he should retire from the Territories of the French Republic; and verbal answers were given, that such was the intention of the Directory."

No. 267.

Secretary of State to Mr. B. H. Phillips, Consul at Curracoa, dated DEPARTMENT OF STATE, May 23, 1797.

SIR: I have seen the letters you transmitted to Mr. Hodgeton, relative to the American vessels captured by French privateers, and carried into Curracoa, and noticed your solicitude to afford assistance and relief.

It will be right to make all the efforts in your power for that end; but when plunder is the only object of the privateers, and distressing the American commerce, the proposed means of reducing the American, to submission to the French Government, without any regard to treaties, to the established rules and principles of the law of nations, or the most obvious dictates of justice, you will have but a miserable prospect of success.

And as the Dutch Government at home is, under the forms of deliberations and self-direction, in real subjection to the French, we cannot expect less subserviency in the Dutch colonics.

They are greatly to be pitied, and entirely excusable, as their conduct is controlled by a foreign force. Of course, such Dutchmen are excepted from the last remark as voluntarily co-operate in the nefarious measures of their allies.

I am, with great regard, &c.

TIMOTHY PICKERING.

No. 269.

Secretary of State to Mr. B. H. Phillips, Consul at Curracoa, dated

DEPARTMENT OF STATE, June 21, 1797.

SIR: I have been informed of a vessel bound to Curracoa, to sail to-morrow morning. I have before me only your letter of the 12th of May, and its enclosures; but one of these is a copy of your letter of the 25th of March, to which you refer. The subject of your communications is apparent from these papers. The French privateers, and some Dutch ones, fitted out at Curracoa, have captured, and continue to capture, the merchant vessels of the United States, in the most wanton and unjustifiable manner, and you, with the laudable zeal of a public officer and friend to your country, are anxious to recover what has been taken, and to put a stop to such enormities; such are the wishes of all men, who possess any clearness of conception, and any just moral sentiments. On account of these depredations, atrociously violating treaties as well as the law of nations, the President, at the

opening of the present session of Congress, recommended the equipping of our frigates and the providing a number of inferior vessels of war, to convoy our trade, and also to regulate the arming of our merchant vessels, all for the exclusive purpose of defence: but Congress have, as yet, concurred only in the first proposal, and that of arming the merchant vessels, I understand is, at present, rejected. Yet it is generally considered that merchant vessels have a right to arm in their own defence; and the object of the President's recommendations was not to license but to regulate their arming, to prevent abuses. I still hope that they will be regulated in their arming. To your list of captures, might be added three hundred that we have heard of, and probably all these unlawful captures amount to five hundred, for many have been carried into the ports of France and Spain, as well as into the ports of their West India Colonies. Some may imagine these captures will be checked by the decree of the Directory of the French Republic, of the 2d of March last, of which I enclose a copy in the Directory's official newspaper, the Redacteur, and such would have been its natural effect, if it had not required a variety of documents for ship papers not before demanded, and in the want of which, many of our vessels will be surprized, and consequently condemned, where not a shadow of doubt remains on the minds of judges or tribunals of the property being American. The decree is a palpable violation of our treaty with France, which the Directory, without our participation, undertake to modify, professedly to make it conform to our treaty with Great Britain; but you will see, in comparing their decree and that treaty, that they have essentially perverted the latter, and especially in regard to American seamen. By the British treaty it is stipulated that the taking a privateering commission, shall subject the person accepting the commission, to be treated as a pirate, but the Directory, though referring to this same article, (21st) and pretending to make their regulations conform to it, extend to the common seamen, what in the British treaty is confined to commissioned officers, and the former, as well as the latter, are to be treated as pirates, and even, too, when they are found on board a British vessel in consequence of impressments.

In such a state of things, you will see that I can give you no instructions corresponding with your wishes. If there were a tribunal in your Island, where trials were had, and where you were allowed to appear, I should request you to aid your fellow citizens in their defen

ces.

I believe you have no such court, and if you had, probably you would not be allowed to interfere, or your interference would be fruitless; for such is the case at the French ports, where we have any public agents. All, then, that I can say, your own understanding, your knowledge of business, and your humanity, will lead you to do; aid your fellow citizens distressed by captures, advise them, and where you can do it, assist them in obtaining evidence to establish future claims for their losses.

I am, with much esteem and respect, &c.

TIMOTHY PICKERING.

No. 270.

Extract of a Report of the Secretary of State, respecting depredations committed on the Commerce of the United States, since the 1st of October, 1796, dated June 21st, 1797.

"In order to present a clearer view of French depredations, it will be necessary to notice the rules which she has prescribed to her Cruizers and tribunals.

As applicable to captures made since last October, the decree of the Executive Directory, of the 2d of July, 1796, merits the first attention. It announces that the conduct of France towards neutrals will be regulated by the manner in which they should suffer the English to treat them. At Malaga and Cadiz, the French consuls have interpreted this decree, to authorize the capture and condemnation of American vessels, for the single circumstance of their being destined to a British port. But its fullest effect has been produced in the West Indies, whose seas swarm with privateers and gunboats, which have been called forth by the latitude allowed to their depredations by the indefinite terms of that decree, and the explanatory orders of the agents of the Directory, at Guadaloupe and St. Domingo. Two of these decrees have been already communicated to Congress, and it may be only requisite here to refer to them.

At Guadaloupe an order was issued by Victor Hugues and Lebas, dated the 1st of February last, authorizing the capture and condemnation of all neutral vessels, bound to certain enumerated ports, which, it is pretended in the decree, were delivered up to the English, and are occupied and defended by emigrants; and, also, of such vessels as should be cleared out generally for the West Indies. This decree refers to, and enforces, a decree of the 24th of December, 1796, issued in conformity with the decree of the Executive Directory of the 2d July, 1796, so far as it is not departed from by that decree, of the 27th of February last. The decree of the 24th December has not been received at the Department of State, but is supposed to direct the confiscation of the cargoes of neutral vessels, bound to or from British ports, occupied by them before the present war. it appears that whilst they have confiscated both vessel and cargo, in cases which fall within the scope of the decree of the 1st of February, they have spared the vessel, and confiscated only the cargo, where she had been bound to or from such acknowledged British port.

For

The agents of the Directory, at Cape François, by their decree of the 27th November last, direct the capture and bringing into port of American vessels, bound to or from British ports, there to remain until it should be further ordered. This further order was afterwards issued, as will appear by the copy of the condemnation of the ship Pattern, of New York; by which it will be seen, that, like the consuls at Malaga and Cadiz, they interpret the decree of the Executive

Directory of the 2d of July last, as authorizing the condemnation of American vessels, merely because bound to or from a British port.

To the foregoing succeeded the decree of the Executive Directory, of the 2d March last, which has been communicated to Congress during the present session. That copy of a decree was taken from a newspaper, and is now found to be imperfect. A translation from the decree, as officially published by the Directory, is annexed to this report. Although we do not yet know what is its operation, yet it cannot fail to produce very great vexation and loss to the American commerce; the documents it requires to prevent confiscation not having been before declared indispensable, or demanded, and no time being allowed for the vessels of the United States to provide themselves therewith.

Besides these several decrees, and others, which, being more limited, the former have superseded, the old marine ordinances of France have been revived, and enforced with severity, both in Europe and the West Indies. The want of, or informality in, a bill of lading; the want of a certified list of the passengers and crew, the supercargo being by birth a foreigner, although a naturalized citizen of the United States; the destruction of a paper of any kind soever; and the want of a sea-letter, have been deemed sufficient to warrant a condemnation of American property, although the proofs of the property were indubitable.

The West Indies, as before remarked, have exhibited the most lamentable scenes of depredation, Indeed, the conduct of the public agents and of the commissioned cruisers there, has surpassed all former examples. The American vessels have not only been captured under the decrees before mentioned, but, when brought to trial in the French tribunals, the vessels and cargoes have been condemned, without admitting the owners or their agents to make any defence.

This seems to be done systematically, and for the obvious purpose of ensuring condemnation. By this monstrous abuse in judicial proceedings, frauds and falsehoods, as well as flimsy and shameless pretexts, pass unexamined and uncontradicted, and are made the foundation of sentences of condemnation.

The persons also of our citizens have been beaten, insulted, and cruelly imprisoned, and in the forms used towards prisoners of war, they have been exchanged with the British for Frenchmen. American property going to, or coming from neutral or even French ports, has been seized: it has even been forcibly taken when in their own ports, without any pretence, or no other than that they wanted it. At the same time, their cruizers are guilty of wanton and barbarous excesses, by detaining, plundering, firing at, burning and distressing American vessels.

Official papers to prove the very numerous depredations on our commerce, and the atrocities and abuses attending the capture and condemnation of our vessels and cargoes, by French cruizers and tribunals, not having been publicly called for, few have been received. Of former claims for injuries committed since the beginning of 1793,