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would be inconsistent with the proclamation of the President of the United States; adding, that it would in all probability, be taken notice of by the executive of this state. Sworn the 3d day of December,

1793, before me.

The within a true copy, and which I attest,

JOHN SANDFORD DART, Clerk of the House of Representatives.

Columbia, December 9, 1793.

TRANSLATION.

The Citizen Genet, Minister Plenipotentiary from the Republick of France to the United States, to Mr. Jefferson, Secretary of State of the United States. Philadelphia, 25th December, 1793, 2d year of the French Republick, one and indivisible.

SIR,-I learn by the reports of the consul of the Republick, at Charleston, and by the publick papers, that the legislature of South Carolina, had caused to be arrested, different persons, accused of having received from me commissions for the purpose of levying an armed force in that state, for the service of the Republick. Conceiving that such conduct, if it were true, would offend the sovereignty of the American people, I hasten to affirm to you, sir, that I have not authorized in any manner, the recruiting, the formation, or the collecting of an armed force, or of any corps in the territory of the United States; but at the same time, I am too frank to disguise from you, that, authorized by the French nation, to deliver commissions to those of your fellow citizens, who should feel themselves animated with a desire of serving the best of causes, I have granted them to several brave republicans of South Carolina, whose intention appeared to me to be to expatriate themselves, and to go among the independent Indian tribes, ancient friends and allies of France, in order to retaliate, if they could, in concert with us, on the Spaniards and English, the injury which the government of these two nations had the baseness, for some time to commit on your fellow citizens, under the name of these savages, in like manner, as is lately done under that of the Algerines.

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I notify you, sir, that I shall publish this declaration, in order to calm inquietudes, and to dissipate the doubts to which the denunciation made in the legislature of Carolina, might give rise.

Accept my respect,

Department of State, to wit:

GENET.

I hereby certify, that the foregoing papers, consisting of seventeen pages of writing, are truly copied from the originals (except the omission of certain names therein, agreeably to the letter of 7th December, 1793, from Gov. Moultrie) on file in the office of the Department of State.

GEO. TAYLOR, JUN. Chief Clerk.

January 14, 1794.

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MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS. JANUARY 16, 1794.

I TRANSMIT for your information, certain intelligence lately received from Europe, as it relates to the subject of my past communications.

GEORGE WASHINGTON.

TRANSLATION.

The Minister Plenipotentiary of the United States of Ameri ca to the Republick of France, to M. Deforgues, Minister of Foreign Affairs. Sain-Port, October 1, 1793.

SIR,I have the honour to send you herewith, the copies of two judgments, rendered with regard to the American vessel, the George. By the first, the tribunal in conforming itself to the treaty of 1778, declared her unlawful prize-but by the second, a part of the cargo is condemned, as hostile property; and the tribunal has founded its

decision upon the decree of the 27th July. Captain Richard Stevens of the American vessel, the Hope, also complains very bitterly of a sentence rendered lately against a part of the cargo of this vessel, which is incontestably American property. This captain informs me, that the tribunal of St. Brieu, has founded its decision on the circumstance, that in the invoice, the owners of the vessel, had added their commission to the price of the articles therein comprised. A thing in use among merchants, who by this means, insuring the whole, they shelter from maritime danger, the price of their labour, as they do that of their merchandises. I do not cite, sir, this sentence in the form of a complaint, first, because I have not yet received an authentick copy of it, and above all, because I am persuaded that the superior tribunal, to whom an appeal must be made, will not fail to render justice.

I desire only to let you see, sir, how much discontent the execution of the decree of the 27th July, must excite.

Persuaded that the Convention wishes to maintain the closest connexions between our two Republicks, I have given to our ministry, the most positive assurances of it; but they will be contradicted by the injured persons, who doubtless will accuse the minister with supineness, who does not adopt the feelings of his fellow citizens; and my efforts will fail of their effect, as soon as it can be imagined, that I do not render a faithful account of the dispositions of the French Republick, from the want of intelligence or exactness. I request you, sir, to pardon an observation which regards the particular interests of France. The circumstances of the moment, prevent the fitting out of privateers, consequently it would cost it nothing to cause the treaty to be observed with the greatest exactitude. Then the contrast which the Americans would make, between the conduct of France, and that of its enemies, could not but be favourable-but at present, on the contrary every time we complain of the conduct of the English, they shut our mouths by this decree of 27th July. Nothing is more embarrassing for our minister at London, and nothing can be more injurious to the French Republick, in the opinion of the neutral powers: I hope, sir, that you will observe in the freedom of the observations I have just made to you, the amicable and fraternal dispositions,

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which have dictated them. I am sure at least of conforming to the views of the United States, in following my own inclination, to remove every thing that might change the good harmony, which exists between two nations, allied as well by the force of sentiment, as by that of treaties.

I have the honour to be, &c.

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GOUV. MORRIS.

Extracts of a Letter from Mr. Morris to the Secretary of State, dated October 10, 1793.

I AM Very anxious that consuls and vice consuls should be appointed in all the ports. My countrymen are incessantly applying to me, from every quarter, about property taken from them. I am desired from abroad, to claim such property. I have decidedly refused to lend my name on such occasions; because I am certain, that I should be thereupon represented as a party interested; and of course my representations against the proceedings, which are but too frequent, would be disregarded.

On the twentieth of August a deputation of four ship captains, chosen by their brethren of Bordeaux, called on me with a representation of the injustice they experienced in being prevented from sailing with their cargoes, &c.

The deputation, as is natural, had flattered themselves with immediate and ample redress. It was my duty to moderate their expectations and to explain the difficulties. Interest is often blind and seldom just. My moderation was ill suited to their wishes; and my letter to the minister, of which a copy is enclosed, seemed to them rather an abandonment of their cause, than the prosecution of the only redress which appeared to me attainable, and in the only way by which it might be effected. I had cautioned them particularly not to ask too much; because they would thereby run the risk of not obtaining what they asked; or if they should obtain it, of seeing their hopes blasted in the bud, by a repeal of an indulgent decree.

A decree was obtained, and before it could be executed was repealed. Thus it has happened that they did mischief, without any benefit to themselves.

TRANSLATION.

The Minister Plenipotentiary of the United States of America to the Republick of France, to M. Deforgues, Minister of Foreign Affairs. Paris, October 12, 1793.

SIR,-I have the honour to send you herein enclosed, the copy of a letter, which has been addressed to me, by citizen Postic, a lawyer, residing at Morlaix. It appears, that in the proceedings of which he has given an account, there are extraordinary irregularities, and I think it my duty to inform you of them, as on the justice of tribunals often depends the salvation, and always the prosperity of

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I request you at the same time, sir, to permit me to make two general observations on the whole of this business; one of which applies to the organization, and the other to the proceedings of the commercial tribunals. The referring of questions on sea prizes, to these tribunals, appears to me dangerous, since they involve the interpretation of the treaties, and the application of the law of nations: consequently of peace and of war. Now we may be permitted to entertain some doubt as to the knowledge of the judges, and we ought besides to fear, lest they may be interested, as owners of privateers, in the questions which are submitted to them.

But whatever may be the organization of the tribunals, it appears to me essential, sir, that in their proceedings they should receive all the claims which may be made to them; that they should even invite without waiting for the authority of the persons interested, who are often at the distance of one thousand leagues. The jurisdiction of the tribunals within whose cognizance are the questions of prize, is in rem. They take possession of the thing, and by that means render themselves responsible for it. Now as the tribunals, which is the depository of the thing, ought not to dispossess themselves of it, without a formal authoritative act of the true proprietor, it is their duty, not only to admit, but also to seek proofs, which may establish to whom the property truly belongs. This is a double duty towards the neutral proprietor, and towards their own nation; for every government which permits its citizens to fit out privateers, arms with the destructive sword of war,

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