Relations with France. which shall have committed, or which shall be JAMES M'HENRY, John Adams, President of the United States. Instructions to commanders of armed vessels belonging to the United States, given at Philadelphia, the 10th day of July, in the year of our Lord 1798, and in the twenty-third year of our independence. In pursuance of the acts of Congress, passed the 27th day of May, the 20th day of June, and the 9th day of July: You are hereby authorized, instructed, and directed to subdue, seize, and take any armed French vessel or vessels, sailing under authority, or pretence of authority, from the French Republic, which shall be found within the jurisdictional limits of the United States, or elsewhere on the high seas; and such captured vessel, with her apparel, guns, and appurtenances, and the goods and effects which shall be found on board of the same, to bring within some port of the United States; and also retake any vessel, goods, and effects of the United States, or persons resident therein. which may have been captured by any French vessel, in order that proceedings may be had concerning such capture or recapture, in due form of law, and as to right shall appertain. By command of the President of the United States of America: BEN. STODDERT. you send a vessel into port, to be dealt with according to the aforementioned law, besides sending with her all her papers, send all the evidence you can obtain, to support your suspicions and effect her condemnation. At the same time that you are thus attentive to fulfil the objects of the law, you are to be extremely careful not to harass or injure the trade of foreign nations with whom we are at peace, nor the fair trade of our own citizens. A misconstruction of his authority by Captain Nicholson, in relation to vessels of friendly nations, captured by the French, renders it necessary that I should make some explanatory observations on that subject. Our laws direct the capture of all armed vessels sailing under authority, or pretence of authority, from the French Republic. A vessel captured by the citizens of France must be considered as sailing under the authority of France; and it is scarcely to be supposed that, in times like the present, when few vessels sail without arms, a captured vessel in possession of the captors will be so circumstanced as not to come under the description of an armed vessel within the meaning of our laws. To justify a recapture, nothing is necessary but that the vessel be provided with such means of annoyance as will render her dangerous to an unarmed American vessel in pursuit of lawful commerce. If, however, the vessel cannot be considered an armed vessel, within the meaning of our laws, you are not to recapture her, unless you should have probable cause to suspect that the citizens of the United States, or persons resident therein, have some interest in the vessel or cargo. It is always your duty to recapture American property, and property of persons resident within the United States, whenever found in possession of the French on the high seas. I have the honor to be, sir, your most obedient Circular instructions to the Captains and Commanders servant, of vessels in the service of the United States. NAVY DEPARTMENT, SIR: Herewith you will receive an act of Congress "further to suspend the commercial intercourse between the United States and France, and the dependencies thereof," the whole of which requires your attention. But it is the command of the President that you consider particularly the fifth section as part of your instructions, and govern yourself accordingly. A proper discharge of the important duties arising out of this act will require the exercise of a sound and an impartial judgment. You are not only to do all that in you lies, to prevent all intercourse, whether direct or circuitous, between the ports of the United States and those of France, or her dependencies, in cases where the vessels or cargoes are apparently, as well as really, American, and protected by American papers only; but you are to be vigilant that vessels or cargoes really American, but covered by Danish or other foreign papers, and bound to or from French ports, do not escape you. Whenever, on just suspicion, BEN. STODDERT. Circular to the Captains in the Navy of the United NAVY DEPARTMENT, SIR: I understand that there is money in your hands arising from the sales of French armed vessels captured by our vessels of war, and sold in the West Indies, because they were not in a condition to proceed to the United States for regular trial and condemnation. You will be pleased to pay over to the Treasurer of the United States such portion of the prize money as would have belonged to the United States, had the vessels been regularly condemned, and distribute the residue as the law directs in cases of regular condemnation; for doing which, this letter shall be your authority. You will transmit to the Accountant of the Navy an account of the sales of the vessels, &c. in this predicament. I have the honor, &c. B. STODDERT, GREAT BRITAIN. Relations with Great Britain. [Communicated to the Senate, March 29, 1802.] Gentlemen of the Senate: The Commissioners who were appointed to carry into execution the sixth article of the Treaty of Amity, Commerce, and Navigation, between the United States and His Britannic Majesty, having differed in opinion as to the objects of that article, and discontinued their proceedings, the Executive of the United States took early measures, by instructions to our Minister at the British Court, to negotiate explanations of that article. This mode of resolving the difficulty, however, proved unacceptable to the British Government, which chose rather to avoid all further discussion and expense under that article, by fixing at a given the use of the people described in the said sixth article, the sum of six hundred thousand pounds sterling, payable at the time and places, and in the manner following, that is to say the said sum of six hundred thousand pounds sterling shall be paid at the city of Washington, in three annual instaleach, and to such person or persons as shall be auments of two hundred thousand pounds sterling thorized by His Britannic Majesty to receive the same; the first of the said instalments to be paid at the expiration of one year, the second instalment at the expiration of two years, and the third and last instalment at the expiration of three years next following the exchange of the ratifications of this convention. And, to prevent any disagreement concerning the rate of exchanges, the said payments shall be made in the money of the said four cents to be equal to one pound sterling. United States, reckoning four dollars and forty sum the amount for which the United States should be held responsible under it. Mr King was conART. 2. Whereas it is agreed by the fourth arsequently authorized to meet this proposition; and ticle of the definitive Treaty of Peace, concluded a settlement in this way has been effected, by a at Paris on the 3d day of September, 1783, between convention entered into with the British Govern- His Britannic Majesty and the United States, that ment, and now communicated for your advice and creditors on either side should meet with no lawconsent, together with the instructions and corres-ful impediment to the recovery of the full value, pondence relating to it. The greater part of these papers being originals, the return of them is requested at the convenience of the Senate. MARCH 29, 1802. TH. JEFFERSON. Convention between the United States and Great in sterling money, of all bona fide debts theretofore contracted, it is hereby declared that the said fourth article, so far as respects its future operation, is hereby recognised, confirmed, and declared, to be binding and obligatory on His Britannic Majesty and the said United States, and the same shall be accordingly observed with punctuality and good faith, and so as that the said creditors shall hereafter meet with no lawful impediment to the recovery of the full value, in sterling money, of their bona fide debts. Difficulties having arisen in the execution of the sixth article of the Treaty of Amity, Com- ART. 3. It is furthermore agreed and concluded merce, and Navigation, concluded at London, on that the Commissioners appointed in pursuance of the 4th day of November, 1794, between His Bri- the seventh article of the said Treaty of Amity, tannic Majesty and the United States of America, Commerce, and Navigation, and whose proceedand, in consequence thereof, the proceedings of ings have been suspended, as aforesaid, shall, imthe Commissioners under the seventh article of mediately after the signature of this convention, the same treaty having been suspended; the par- re-assemble and proceed in the execution of their ties to the said treaty being equally desirous, as duties, according to the provisions of the said sevfar as may be, to obviate such difficulties, have re-enth article; except, only, that instead of the sums spectively named Plenipotentiaries to treat and awarded by the said Commissioners being made agree respecting the same, that is to say: His Bri- payable at the time or times by them appointed, tannic Majesty has named for his Plenipotentiary all sums of money by them awarded to be paid to the right honorable Robert Banks Jenkinson, com- American or British claimants, according to the monly called Lord Hawkesbury, one of His Majes-provisions of the said seventh article, shall be made ty's most honorable Privy Council and his Principal Secretary of State for Foreign Affairs; and the President of the United States, by and with the advice and consent of the Senate thereof, has named for their Plenipotentiary Rufus King, Esquire, Minister Plenipotentiary of the said United, States to His Britannic Majesty; who have agreed to and concluded the following articles: ART. 1. In satisfaction and discharge of the money which the United States might have been liable to pay, in pursuance of the provisions of the sixth article, which is hereby declared to be cancelled and annulled, except so far as the same may relate to the execution of the said sixth article, the United States of America hereby engage to pay, and His Britannic Majesty consents to accept, for payable in three equal instalments; the first whereof to be paid at the expiration of one year, the second at the expiration of two years, and the third and last at the expiration of three years, next after the exchange of the ratification of this convention. ART. 4. This convention, when the same shall have been ratified by His Majesty and by the President of the United States, by and with the advice and consent of the Senate thereof, and the respective ratifications duly exchanged, shall be binding and obligatory upon His Majesty and the said United States. In faith whereof, we, the undersigned Plenipotentiaries of His Britannic Majesty, and of the United States of America, by virtue of our respective full powers, have signed the present conven Relations with Great Britain. The Secretary of State to Rufus King, Minister Plenipotentiary of the United States. DEPARTMENT OF STATE, Feb. 5, 1799. The differences of opinion among the Commissioners here, under the sixth article of the British Treaty, will doubtless suspend their proceedings. The claims not only surpass immensely in amount whatever was contemplated by us, but are advocated on principles which appear quite inadmissible. They go the length to make the United States the debtor for all the outstanding debts of British subjects contracted before the peace of 1783, and, in effect, reduce the board to a company of clerks, whose chief business would be to examine and see that the accounts were rightly cast. The amount of the claims presented exceeds nineteen millions of dollars. I expect a statement will be made of the claims and arguments on one side, and the reasons with which they are combated on the other; which, with the requisite documents, will be transmitted to you. They will, in that case, be the subject of instructions from the President. The Secretary of State to Mr. King. DEPARTMENT OF STATE, Sept. 4, 1799. SIR: A letter received last evening from Mr. Fitzsimmons informed me that Mr. Macdonald and Mr. Rich, Commissioners appointed by Great Britain, under the sixth article of the Treaty of Amity and Commerce, were going to embark for England, in the packet to sail this week from NewYork. It appears, from Mr. Fitzsimmons's letter, to have been to him a sudden and unexpected movement. But I do not kow that this step, if it could be prevented, should be objected to, because I see no probability that the business of the board can ever be executed by the present members. Independently of the opinions strongly expressed, which it would not be easy to retract, there appears to me an incompatibility of temper. If I am rightly informed, It would be difficult for any set of American Commissioners to act harmoniously with Mr. Macdonald, unless they possessed such meek and yielding dispositions as to submit implicitly to his dogmas. Such meekness is in his colleagues, (Mr. Rich and Mr. Guillemard,) who, though they appear (as I verily believe them to be) worthy men, have not in a single instance dissented from Mr. Macdonald, or started an objection to anything he has advanced: so that it would be perfectly equal, as to the final issue of their proceedings, whether they continued members of the board, or that Mr. Macdonald were authorized on every question to give three votes. It has even appeared, as I have been informed, that Mr. Guillemard (who as an umpire should have kept him self aloof, and formed his opinions upon discussions before the board) has been so little aware of what propriety and dignity imposed on him as a duty, that he has entered into the private deliberations of the two British Commissioners, and come to the board with all the decisive prepossessions calculated to produce. If I am rightly informed, which such private, partial consultations were Mr. Macdonald is not only thus predominant, but that, towards the American Commissioners, he has been in the highest degree overbearing and arrogant, and not very delicate towards our country. I think it fortunate that you are acquainted with the individual characters of the American Commissioners. You know also all the members of the Executive Government, except the Secretary of the Navy; and you know the members of the two Houses of Congress, of leading influence in the measures of the United States; and you know that all these, besides detesting every species of fraud and evasion, (and that, above all things, they are ambitious of maintaining the character of unblemished integrity and good faith,) are particularly desirous of completely executing (what they so indefatigably labored to establish) the Treaty of Amity and Commerce between the United States and Great Britain. Here is a pledge on which Great Britain may rely. But the Commissioners differ essentially in the construction of the treaty. The points of difference must then become the subjects of further negotiation between the two Governments. These points have been laid before the President by the Attorney General: the American Commissioners will do it more fully, and the result will undoubtedly be an instruction to you to confer with the British Minister, and agree on an explanatory article, which may be satisfactory to both countries. In the meantime, I send for your information a copy of the Attorney General's letter, and the copy of a more concise summary drawn up by Mr. Sitgreaves. and of a long letter which I received from the American Commissioners in March last. The Secretary of State to Mr. King. DEPARTMENT OF STATE, Oct. 4, 1799. I was misinformed respecting the British Commissioners when I last wrote you. Mr. Rich only embarked for England; but Mr. Macdonald might as well have taken his departure, for there exists "an incompatibility of temper" which will necessarily prevent any further harmony between him and the Commissioners on the part of the United States. Indeed, the other two British Commissioners have been so absolutely under the influence of Mr. Macdonald, and have committed themselves so far in his spirit and temper, that I conceive it impossible that the business of the board can hereafter be conducted with them with the requisite harmony and mutual confidence to insure a satisfactory result. The President will be here before the expiration of this month, and, as soon as practicable, a full state of this business will be prepared and transmitted for your information. But Mr. Sitgreaves (who is a perfect Relations with Great Britain. master of the subject) has engaged to make such a digest of the claims, and such an ample statement of the points in controversy, as will vastly facilitate the ultimate adjustment of the principles and constructions which must govern the future proceedings of the board. This, however, he informs me, will take up much time-so much that it cannot probably be accomplished earlier than the usual time of the departure of the December packet. The Secretary of State to Mr. King. DEPARTMENT OF STATE, Philadelphia, Dec. 31, 1799. SIR: The proceedings contemplated by the sixth article of the Treaty of Amity, Commerce, and Navigation, concluded between the United States and His Britannic Majesty, having been interrupted, in consequence of an essential diversity of opinion between the Commissioners named on the part of the United States, and the other members of the board, the President has determined to propose that the true interpretation of that article should be settled by such a mutual and friendly explanation as will give full effect to the just engagements which were thereby formed on the part of the United States. of the view which the President has taken of the subject at this time: and he considers the following to be Principles proper to form the basis of an article or articles explanatory of the sixth article of the Treaty of Amity, and for facilitating its due execution. First. The description by which claimants are designated in said sixth article of the Treaty of Amity shall be deemed to include all persons, whether resident in Europe or America, who were on the side of His Britannic Majesty at the commencement of the late war, and so continued throughout the war, and until the exhibition of claim. But no person shall be deemed to be a British creditor within the meaning of the said article, who shall, at any time before the peace, have been openly on the American side, or actually subject to the laws of the States, respectively, or who shall since the peace have become a citizen of the United States, or have declared his intention to become a citizen, agreeably to the provisions of the act of Congress. Second. A claimant possessing the character before defined shall be held to prove, to the satisfaction of the Board of Commissioners 1. That the debt was bona fide contracted before the peace, and due and unpaid to the creditor at the exhibition of claim. Accounts shall be stated, with the date and amount of each item; and the claimant shall in every instance make oath or affirmation that all the credits are disclosed to which the debtor is believed to be entitled. 2. That the debtor was solvent at the peace, and for such a reasonable time afterwards, within which the debt might have been recovered by judicial process, if lawful impediments had not been interposed. 3. That the creditor used reasonable diligence to obtain payment from his debtor, although the prosecuting of suits is not to be deemed a necessary evidence of such diligence. That you may be fully informed of the points in dispute, you will receive herewith a collection of documents comprising a variety of claims, the arguments of the agents on both sides, upon those claims, the reasons and opinions of the members of the board, and the decisions adopted by a majority of the Commissioners. It is believed that these papers contain everything essential to be known. The same documents will doubtless be transmitted by the British Agents or Commissioners to the Minister of His Britannic Majesty, to whom the cognizance of the business may belong; but, otherwise, those sent to you may be communicated to him. To these documents (exhibiting the proceedings before the board) are added the 4. That some lawful impediment affecting the correspondence between the Commissioners named claimant's demand did exist to prevent or delay on the part of the United States, after their seces- his recovery, or to impair or diminish his security. sion from the board, and the other members thereof; 5. That, by the operation of such lawful impedand a letter from the Attorney General, dated the iments, he has sustained a loss or damage which 1st of last August, to the President, presenting a cannot, at the time of the exhibition of claim, be general view of the subject; the nature of the repaired in the ordinary course of judicial proclaims of the British creditors, or persons assum-ceedings. And to this end he shall prove, either ing that character; the leading principles relative to those claims, as maintained by three of the Commissioners; and the sweeping effects of those principles, were they to be carried into execution, according to the ideas entertained of them by the Attorney General. Although an examination of these documents will satisfy you that the Commissioners named on the part of the United States had just cause for their secession, yet it has not been found an easy matter to define, on every subject of difference, the limits of concession and demand on the part of the United States: and hence the necessity of postponing full and final instructions. It is however important that, with the voluminous documents now transmitted, you should receive information that the debtor became insolvent during such operation of lawful impediment, or during such reasonable time thereafter, within which the debt might otherwise have been recovered, and is yet insolvent; or that the creditor is barred, in whole or in part, by judicial decision had against him, in the particular case, during such operation of lawful impediment, and on the principles thereof. Third. Lawful impediments shall be deemed to include Legislative acts, passed during the war, and judicially determined by the superior courts of the respective States to remain in force after the peace; Legislative acts passed after the peace, and also judicial decisions of the superior courts of the respective States; by the operation whereof creditors of the description in the first section were Relations with Great Britain. prevented or delayed from recovering the full value, in sterling money, of debts bona fide contracted before the peace. But the act, consent, acquittance, or release, of the creditor or his authorized agent or lawful representative, shall in all cases be held to be conclusive upon him, and no lawful impediment shall be deemed to have continued after the 24th day of September, 1789: Provided, always, That the consent of the creditor shall not be implied to any judgment rendered against him in an adversary suit. And provided also, That all claims for interest, or balances of interest, shall be left to the decision of the Com-ladelphia; but they shall have power to adjourn missioners, except in cases adjusted between the debtor and creditor, or their lawful agents or representatives, respectively. said Treaty of Amity, Commerce, and Navigation; and that I will forbear to act as a Commissioner in any case in which I may be personally interested." Three of the said Commissioners shall consti│tute a board, and shall have power to do any act appertaining to the commission: Provided, That one of the Commissioners named on each side, and the fifth Commissioner, shall be present; and all decision shall be made by a majority of the voices of the Commissioners then present. Fourth. The various modes of execution for the satisfaction of judgments which were in use before the war, in the States, respectively; and all proceedings in the established courts, whether of law or equity, for the discovery of fraud, and the recovery of the property of debtors, real or per sonal, in the hands or possession of fraudulent assignees, shall be deemed and held to be, in the ordinary course of judicial proceedings, within the meaning of the said sixth article of the Treaty of Amity. Fifth. The United States shall be deemed bound by the said article to make compensation only for the loss or damage occasioned by lawful impediments, and actually sustained by the creditor; and, therefore, in cases where a part of the debt, whether of principal or interest, might have been or may yet be recovered, compensation may not be awarded for such part. The said Commissioners shall first meet at Phi from place to place, as they shall see cause. All claims preferred to the board hereafter appointed, and not dismissed by the said board, shall be considered as depending before the Commissioners to be appointed in virtue hereof. But the Commissioners appointed in virtue of this article shall not be bound by any acts or resolutions passed or proposed to be passed in the former board, in any cases not dismissed by the said former board. The said Commissioners, in examining the complaints, as aforesaid preferred, are empowered and required, according to the true intent and meaning of the said sixth article of the Treaty of Amity, &c., and of these explanatory articles, to take into their consideration all claims, whether of principal or interest, or balances of principal and interest. and to determine the same, respectively, according to the merits of the several cases, due regard being had to all the circumstances thereof, and as equity and justice shall appear to them to require; and shall have the same powers in regard to the examination of parties and witnesses, and the reception of evidence, as by the said sixth article of the Treaty of Amity, &c., were given to the Commissioners heretofore ap pointed in pursuance thereof. And the awards of the said Commissioners shall be final and conclusive in like manner, and shall in like manner be paid and satisfied, and on the like conditions, in all respects, as by the said sixth article of the Treaty of Amity, &c., has been directed and agreed. The said Commissioners shall be respectively paid in such manner as has been agreed between the two parties, conformably to the eighth article of the said Treaty of Amity, &c. And all other expenses of the said Commissioners shall be in like manner borne and defrayed. Sixth. And for the purpose of facilitating the due execution of the said sixth article of the Treaty of Amity, according to the true intent and meaning thereof, as herein explained, it is further agreed, that the present Board of Commissioners for carrying into effect the said sixth article of the Treaty of Amity, &c., shall be dissolved from the date of the final ratification of these presents, and, instead thereof, another board shall be constituted, to consist of five Commissioners, two of whom shall be appointed by His Britannic Majesty and two by the President of the United States, by and with the advice and consent of the Senate thereof; and the fifth Commissioner (who shall be so named and designated) shall be appointed by His Britannic Majesty. And the said five Commis- In case of the death, sickness, or necessary absioners shall, before they proceed to act, respect-sence of the fifth Commissioner, his place shall be ively take the following oath or affirmation, in the supplied in the manner directed by the sixth arpresence of each other, which oath or affirmation, ticle of the said Treaty of Amity, &c., for the being so taken and duly attested, shall be entered on appointment of the fifth Commissioner. And in the record of their proceedings, viz: "I, A, B, one case of the death, sickness, or necessary absence of the Commissioners appointed in pursuance of of either of the other four Commissioners, the the explanatory articles of the Treaty of Amity, place of every such Commissioner shall be reCommerce, and Navigation, between His Britan- spectively supplied in the same manner as such nic Majesty and the United States of America, Commissioner was first appointed; and the new do solemnly swear (or affirm) that I will honestly, Commissioner shall take the same oath or affirmadiligently, impartially, and carefully examine, tion, and do the same duties. and, to the best of my judgment, according to justice and equity, decide all such complaints as have been preferred to the Commissioners heretofore appointed under the said sixth article of the Seventh. The evidence in support of the claims which have been preferred, as aforesaid, shall be exhibited by the claimants, respectively, within from the meeting of the said board; and e 1 |
