nours, or of those who are appointed to maintain the laws, that a demand must be made upon them for the execution of the instructions which they have received from their government. They have failed in their duty which prescribes a continual vigilance and attention to prevent any thing being done contrary to the laws or treaties of their country.

You will pardon, sir, these reflections when you shall learn, that an English frigate has just anchored in Hampton road with two French privateers, as prizes. If on the very day of her arrival she has not been directed to depart immediately; if there must have been long inquiries before hand, and the consul must have written in the first instance, the English will have had time to revictual, and supply all their wants; and the article of our treaty, which at first sight seems necessarily to be so disadvantageous to them, will in no respect control their piracies. To crown the system of robbery, which they have invented, nothing more will we wanting, than to carry into your own ports the vessels which they shall have taken from yourselves; since they already conduct thither, in spite of your laws, those which they have taken from your allies.

Accept, sir, my esteem,

JH. FAUCHET.

No. 46.

The Secretary of State, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Philadelphia, October 10, 1794.

SIR,-Believing that effect cannot be given to the intimation expressed in your letter of the 6th, more decisively than by an instruction to the governours, I have the honour of enclosing to you a copy of my circular letter to them: And of being, with great respect, &c.

EDM. RANDOLPH.

No. 47.

CIRCULAR.

From the Secretary of State, to the Governours of the several States. Philadelphia, October 10, 1794.

SIR,-Although I cannot doubt that the treaties of the United States with France will be respected by your excellency according to the obligations of good faith and sincere friendship; yet I must take the liberty of recommending to your particular attention the 17th article of the treaty of commerce. Mr. Fauchet, the minister of the French Republick near the United States, apprehends from circumstances which have been experienced, that unless prompt and decisive measures are adopted in the several ports in regard to vessels hostile to the French nation, and bringing in French prizes, this branch of that treaty will become null. It cannot require much time to go through the necessary examinations; and therefore I must entreat your excellency to enter into such arrangements for the execution of this member of the treaty, and the correspondent rules of the President of the United States, as will effectually prevent under those circumstances, hostile vessels from receiving comfort and succour contrary to solemn stipulations. It will not escape your observation, that if adequate measures should be delayed, in the ports distant from your excellency, until you can be notified and forward special instructions adapted to each case, the opportunity of enforcing the treaty will be lost. I have the honour to be, &c.

No. 48.

EDM. RANDOLPH.

The Secretary of State, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Philadelphia, October

19, 1794.

SIR, I do myself the honour of transmitting to you the. copy of a letter from the lieutenant governour of Virginia, in answer to mine of the 3d instant, upon the subject of the British frigate Terpsichore.

I have the honour to be, sir, &c.

EDM. RANDOLPH.

No. 49.

From Lieutenant Governour Wood, to the Secretary of State. Richmond, October 10, 1794.

SIR,-I have the honour to acknowledge the receipt of your letter of the third instant. I am not enabled at present to give you the information I could wish with respect to the British frigate the Terpsichore: Before the governour left this place, he received the information which you mention, from the vice-consul at Norfolk; and in his character of commander in chief of the militia, assured Mr. Oster, in a letter of the 12th ultimo, that "he will make the necessary inquiries, and then pursue the conduct which the President's instructions enjoin." My not receiving any communications respecting the governour's inquiries, I naturally concluded the frigate had been ordered to depart, and had complied with the injunction. I have now given the most pointed instructions to the commander of the militia at Norfolk, to make immediate inquiry into the facts, and report the same to the Executive; and that he, in the mean time, cause to be rendered to the Republick of France that justice to which it is entitled. I have written to the vice consul on the subject, and have requested him to make me acquainted with all cases of a similar nature which may hereafter occur. I have the honour, &c. JAMES WOOD.

No. 50.

TRANSLATION.

Joseph Fauchet, Minister Plenipotentiary of the French Republick, near the United States, to Mr. Randolph. Philadelphia, the 12th Pluvoise, 3d year of the French Republick, one and indivisible, (January 31, 1795.)

SIR, It is now the third time that English vessels, notwithstanding my representations, have anchored with their prizes in the Chesapeake. I am assured that the French corvette l'Esperance has been conducted into Lynnhaven Bay, by the Argonaut. The fact is, that the latter vessel sailed from the Chesapeake in order to capture the corvette belonging to the Republick, returned after that expedition, and is even at this moment sheltered there.

1

You assured me, sir, that the most positive orders had been given, to prevent future violations of the treaties: notwithstanding that assurance the outrage is again renew ed, and what is more, the English vessels which should remain in your ports, only to receive succour strictly necessary to enable them to gain the nearest national port, have remained stationary in them. At their return from a cruise on your coasts, where they capture your own vessels they procure their provisions, their supplies, in the United States: and may also, as has just happened, even when driven in by stress of weather, and when asylum is given to them, obstruct your and our commerce. In a word they appear to be ramparts established to cut off all communication, between your country and mine. This contravention of the contract which binds our two nations, can no longer be tolerated. I expect, sir, your answer, that I may communicate to the French Republick the motives for a conduct which will afflict it so much the more, as hers is all friendship, all justice, towards the United States. Accept my respect,

No. 51.

JH. FAUCHET.

From the Secretary of State, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Department of State, Feb. 1, 1795.

SIR,-Permit me to refer to the enclosed copy of my letter to the governour of Virginia for an answer to your favour of the 31st ultimo. Indeed, sir, if I could more strongly express to you the mortification which I have experienced from these events, I would do so: for I contemplate such a violation of our treaty with abhorrence. I have the honour to be, sir, &c.

No. 52.

EDM. RANDOLPH.

From the Secretary of State, to the Governour of Virginia. Department of State, February 1, 1795.

SIR,-It is with the greatest regret that I am constrained to transmit to your excellency, the enclosed copy of a

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letter from the minister plenipotentiary of the French Republick. You will find, sir, that it contains most heavy complaints against the indulgence understood to have been shown in the ports of Virginia, to British vessels of war, which have made prize of French ships. The files of the council of state will support me in representing to the minister, that I had taken the liberty of urging the executive of Virginia on the 3d and 10th of October last, to wipe away a similar imputation on our national faith. Not having been enabled to communicate to him any result, in consequence of those letters, I have felt great embarrassment how to answer him on the present occasion. But, sir, confiding in the patriotism of the executive of Virginia, and being persuaded that it must be painful to them to tolerate the violation of our treaty with France, in so delicate a part, I shall assure him that the most speedy and effectual measures are recommended to your excellency.

Of those measures you are the best judge, being upon the spot, and within the reach of the most accurate information. But I cannot forbear to add, that as delay must be destructive of the object, it will probably be advisable for your excellency to send down some confidential officer, who may act with promptness and decision, without encountering the inconvenience of being obliged to send and receive expresses to and from Richmond.

I beg the favour of your excellency's immediate reply. And have the honour to be, sir, &c.

EDM. RANDOLPH.

No. 53.

The Secretary of State, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Department of State, Feb. 24, 1795.

SIR,-I have the pleasure of transmitting to you copies of the despatches, which I received by the last mail, from the governour of Virginia, relative to the complaint which I some time ago forwarded to him from you.

I have the honour to be, sir, &c.

EDM. RANDOLPH.