1

4. That no restraint on our lawful commerce with any other nation be admitted,

5. That no stipulation be made, under color of which, tribunals can be established within our jurisdiction, or personal privileges claimed by French citizens, incompatible with the complete sovereignty and independence of the United States, in matters of policy, commerce, and government.

It will be expedient to limit the duration of the treaty to a term of from ten to twenty years. Such changes in the circumstances of the two parties, are likely to happen within either of those periods, as to give one or both good reason to desire a change in the conditions of the treaty. From this limitation may be excepted such articles as are declaratory of a state of peace, or as intended to regulate the conduct of the two nations at the commencement of, or during a state of war; or which are founded in morality and justice, and are in their nature of perpetual obligation. Of this kind may be considered the tenth article of the treaty with Great Britain; which, therefore, may very properly be introduced into the treaty with France.

Finally, the great object of the Government being to do justice to France and her citizens, if in any thing we have injured them; to obtain justice for the multiplied injuries they have committed against us; and to preserve peace; your style and manner of proceeding will be such as shall most directly tend to secure these objects. There may be such a change of men and measures in France, as will authorize, perhaps render politic. the use of strong language, in describing the treatment we have received. On the other hand, the French Government may be determined to frustrate the negotiation, and throw the odium on this country; in which case, any thing like warmth and harshness would be made the pretext. If things remain in their present situation, the style of representation will unite as much as pos-ible. calm dignity with simplicity, force of sentiment with mildness of language, and be calculated to impress an idea of inflexible perseverance, rather than of distrust or confidence.

With these instructions you will receive the following documents : 1. The printed State papers, containing the correspondence between the Secretary of State and the French Minister, Mr. Genet.

2. The letter dated January the 16th. 1797, from the Secretary of State to General Pinckney, and the documents therein referred to, in which all the known complaints of the French Government, since the recall of Mr. Genet, are exhibited and discussed.

3. A report from the Secretary of State to the House of Representatives, dated the 27th of February, 1797, exhibiting the state of American claims, which had been presented to the French Government, (but few of which had been satisfied,) together with some further information relative to the depredations, by the officers and people of that nation, on the commerce of the United States.

4. A report made by the Secretary of State to the President of the United States. on the 21st of June, 1797, and by him laid before Con gress on the 22d.

5. Certain original depositions, protests, and other papers relative to the French spoliations on the commerce, and personal insults and injuries to the citizens of the United States.

6. The documents laid before the House of Representatives the 17th of May. 1797, relative to General Pinckney's mission to Paris, and comprehending some papers relative to the capture and condemnation of American vessels by the French.

7. The correspondence with the French Consul General Letombe, relative to the consular convention.

TIMOTHY PICKERING,
Secretary of State

Department of State, Philadelphia, July 15th, 1797.

No. 308.

FULL POWERS.

John Adams, President of the United States of America, to all whom these presents shall concern, Greeting:

Know ye, that, for the purpose of terminating all differences between the United States of America and the French Republic, and of restoring and confirming perfect harmony and good understanding; and reestablishing a commercial and friendly intercourse between them, and reposing a special trust and confidence in the integrity, prudence, and abilities of Charles Cotesworth Pinckney, John Marshall, and Elbridge Gerry, citizens of the said United States, I have nominated, and, by and with the advice and consent of the Senate, appointed the said Charles Cotesworth Pinckney, John Marshall, and Elbridge Gerry, jointly and severally, Envoys Extraordinary and Ministers Plenipotentiary of the United States to the French Republic; hereby giving and granting to them, and any, and each of them, full power and authority, and also a general and special command, for and in the name of the United States, to meet and confer with the Ministers, Commissioners, or Deputies, of the French Republic, being furnished with the like full powers, whether separately or jointly, and with them to treat, consult, and negotiate, of and concerning all claims, and all matters and causes of difference, subsisting between the United States and the French Republic, for the purpose of satisfying and terminating the same in a just and equitable manner; and, also, of and concerning the general commerce between the United States and France, and all other the dominions of the French Republic; and to conclude and sign a treaty or treaties, convention or conventions, touching the premises; transmitting the same to the President of the United States of America, for his final ratification, by and with the advice and consent of the Senate of the United States, if such advice and consent shall be given.

In testimony whereof, I have caused the seal of the United States to be hereunto affixed.

Given under my hand, at the City of Philadelphia, the twenty-second day of June, in the year of our Lord one thousand seven hundred and ninety-seven, and of the independence of the United States of America the twenty-first. JOHN ADAMS.

By the President of the United States:

TIMOTHY PICKERING,

Secretary of State.

No. 309.

Mr. Marshall, Envoy Extraordinary and Minister Plenipotentiary of the United States, to Mr. Lee, Attorney General, dated

[EXTRACT.]

PARIS, October 12th, 1797.

"Some of the owners of privateers have been in Paris since our arrival, and I think it not improbable, that their object has been to exert their influence, which, unfortunately, is very considerable, to prevent any accommodation which may rescue from them the specie they have not yet received. I greatly fear they will be successful. It is said that Merlin, when Minister of Justice, received four thousand louis from the owners of privateers, for the direction concerning the rôle d'equipage; and it is said publicly by them, that money influences the tribunals. However this may be, I am entirely persuaded that the Courts, even in the last resort, are political, and will carry into effect the will of the Directory, without any respect to its legality. This is ensured on by the nice appointment made since the last revolution. The members of the tribunals, who judge, in the first instance, are, generally speaking, themselves the captors."

"It is notorious, that a greater number of privateers are now fitting out, than have been employed in any former period of the war, and the Government is consigning to the merchants the national ships of war, for the purpose of cruizing."-No. 1.

No. 310.

Messrs. Pinckney, Marshall, and Gerry, Envoys Extraordinary and Ministers Plenipotentiary of the United States, to Timothy Pickering, Secretary of Stale, dated Paris, October 22, 1797-No. 1.

[EXTRACTS.]

"The subject of the role d'equipage, was also mentioned; and we asked what assurance we could have, if France insisted on the right of adding to the stipulations of our treaty, or of altering them by municipal regulations, that any future treaty we could make, should be observed. M. Bellamy said, that he did not assert the principle of changing treaties by municipal regulations, but, that the Directory considered its regulation concerning the rôle d'equipage, as comport

ing with the treaty.

We observed to him, that none of our vessels had what the French termed a rôle d'equipage; and that, if we were to surrender all the property which had been taken from our citizens, in cases where their vessels were not furnished with such a rôle, the Government would be responsible to its citizens for the property so surrendered; since it would be impossible to undertake to assert that there was any plausibility in the allegation that our treaty required a rôle d'equipage."

"Since our arrival at Paris, the Tribunal of Cassation has rejected Captain Scott's petition, complaining of the condemnation of his vessel by the Civil Tribunal, for the want of a rôle d'equipage. Mr. Duclos, the advocate employed in behalf of the owners of the American vessels who have appealed, in the last resort, to the Tribunal of Cassation, informs that, notwithstanding all the arguments he made use of, to the Reporter and Commissary of the Executive Directory, to put off the hearing of the Rosanna, as a diplomatic case, till the issue of our negotiations is known, that case is set down for hearing, and will come on the 29th or 30th instant.

"The same advocate also says, that it is obvious, that the tribunal have received instructions from the Officers of the Government to hasten their decisions, and that it was hardly worth while to plead, for all our petitions in Cassation would be rejected. Our advocates, however, decline giving their sentiments on this subject in writing, under an apprehension of committing themselves."

No. 311.

Copy of exhibit A, enclosed in a letter from the Envoys Extraordinary and Ministers Plenipotentiary of the United States to the French Republic, to the Secretary of State, dated November 8, 1797-No. 2.

1st. The American Envoys shall remain here for six months, in the same manner, and upon the same footing, with regard to etiquette, as did M. D'Arango, the Envoy of Portugal.

2d. There shall be named a commission of five members, agreeably to a form to be established, for the purpose of deciding upon the reclamations of the Americans, relative to the prizes made on them by the French privateers.

3d. The American Envoys will engage that their Government shall pay the indemnifications, or the amount of the sums already decreed to the American creditors of the French Republic, and those which shall be adjudged to the claimants by the Commissioners. This payment shall be made under the name of an advance to the French Republic; who will repay it in a time and manner to be agreed upon. 4th. One of the American Envoys shall return to America, to de mand of his Government the necessary powers to purchase, for cash, the thirty-two millions of Dutch rescriptions, belonging to the French Republic, in case the Envoys should conclude a treaty, which shall be approved by the two nations.

5th. In the interval, the definitive treaty shall proceed for the termination of all differences existing between the French Republic and the United States, so as that the treaty may be concluded immediately on the return of the Deputy.

6th. The question of the rôle d'equipage shall remain suspended, until the return of the Deputy; and the commission shall not pronounce upon any reclamation, where this point shall be in question.

7th. During the six months granted for the going and returning of the Deputy, hostilities against the Americans shall be suspended, as well as the process for condemnation before the tribunals; and, the money of the prizes already condemned, in the hands of the civil officers of the nation, shall remain there, without being delivered to the privateers-men, until the return of the Deputy.

No. 312.

Copy of exhibit B, enclosed in a letter from the Envoys Extraordinary and Ministers Plenipotentiary of the United States to the French Republic, to the Secretary of State, under date of November 8th, 1797. No 2.

The Envoys Extraordinary and Ministers Plenipotentiary of the United States cannot avoid observing the very unusual situation in which they are placed, by the manner in which they are alone permitted to make communications on the objects of their mission: they are called upon to pledge their country to a very great amount, to answer demands, which appear to them as extraordinary as they were unexpected, without being permitted to discuss the reason, the justice, or the policy, on which those demands are founded, and not only without assurances that the rights of the United States will, in future, be respected, but without a document to prove that those to whom they are required to open themselves, without reserve, and at whose instance they are called on to sacrifice so much, are empowered, even by the Minister, to hold any communication with them-yet, such is the anxious and real solicitude of the Envoys, to seize any occasion which may afford a hope, however distant, of coming to those explanations which they so much wish to make with this Republic, that they pass over the uncommon and informal modes which have been adopted, and will only consider the propositions themselves.

1. The Ministers of the United States will permit no personal considerations to influence their negotiations with the French Republic. Although they expected that the extraordinary means adopted by their Government, to reconcile itself to that of France, would have been received with some degree of attention, yet they are too solicitous to enter upon the important and interesting duty of their mission to permit themselves to be restrained by forms of etiquette.

2. On this article, it is believed, there can be no disagreement. 3. This article, as explained, would oblige the United States to advance, not to their own citizens, but to the Government of France,