No. 107.

Suggestion of the Attorney of the United States for the Pennsylvania District, and the plea of Samuel B. Davis to the jurisdiction of the District Court for the said District. AND afterwards, to wit, on the 21st day of August aforesaid, William Rawle, Esq. attorney of the United States in and for the Pennsylvania district, who acts for the said United States in this behalf, in his proper person comes into this court, and for the said United States gives the court to understand and be informed, that the said ship, called the Cassius, was on the said 20th day of May, in the year aforesaid, being the time, when the said libellant charges that the said schooner William Lindsay was taken and detained in manner by him alleged, and also at the time of her being arrested and attached by the marshal of the district aforesaid at the suit of the said libellant and now is the property of and belonging to the French Republick, a sovereign nation, in peace, amity and alliance with the said United States, and this he is ready, and offers to verify wherefore the said ship the Cassius, so being the property of and belonging to the French Republick. cannot by law be rendered liable to civil process in the courts of the United States, at the suit of individuals; and the said United States, being answerable to foreign nations for the due observance of treaties with them subsisting and of the principles and usages of the laws of nations in respect to ships and other property to such nations belonging and unduly seized, arrested or attached under colour of legal process within the territory of the said United States, and the peace and interests of the United States being deeply involved therein, the said attorney acting in the behalf aforesaid, prays this honourable court, that the said ship the Cassius may, by the sentence and decree of this honourable court, be released and discharged from the attachment and arrest aforesaid, and that the said libel, so far as the same relates to the said ship the Cassius, may be dismissed with such costs and damages as the court may adjudge for her said wrongful arrest and attachment.

And the aforesaid Samuel B. Davis by force of the process of this honourable court in the said court being, and

not acknowledging the jurisdiction thereof in the instance now pending, exhibits to this honourable court with all due respect a certificate under the hand of citizen Adet, minister plenipotentiary of the French Republick to the United States, dated the 27th Thermidor, to wit, the 14th of August, instant, certifying that the said corvette the Cassius is a vessel of war of the French Republick, and that the said Samuel B. Davis is a commissioned officer in the navy of the said Republick, also a commission or order of Etienne Laveaux, governour of the island of St. Domingo, attested to be lawful and authentick under the hand and seal of the said minister of the French Republick, which said commission or order is dated the 22d Pluviose, to wit, on the 10th of February last, recorded in the registry of the French marine at Port de Paix, the 9th Floreal, to wit, the 28th of April following, directed to him the said Samuel B. Davis, lieutenant in the navy of France, commander of the said corvette of the French Republick, the Cassius, authorizing him to cruise with the said corvette for two months at least against the enemies of the French Républick, and to take their ships and property on the high seas, together with true copies and translations of the said exhibits, which copies and translations being duly compared with the originals now exhibited, he prays may be filed and remain among the acts of court: whereupon he prays and respectfully moves this honourable court, that any thing in the libel of the said James Yard contained notwithstanding (he nevertheless not confessing or in any wise acknowledging the same) the said corvette the Cassius and the said Samuel B. Davis may be discharged from arrest.

No. 108.

TRANSLATION.

Joseph Fauchet, Minister Plenipotentiary of the French Republick, to Mr. Randolph, Secretary of State of the United States. Philadelphia, 16th Prairial, 2d year of the French Republick, one and indivisible, (June 4, 1794.)

SIR, I have already had the pleasure to inform you, verbally, of the interest which the committee of publick safety of the National Convention had taken in due sea54

VOL. Ir.

son in the truly unhappy situation of your commerce in the Mediterranean. I now fulfil the duty imposed on me by the government, by calling to your recollection in writing, the steps which are to be taken by our agent with the Dey of Algiers, for repressing this new manoeuvre of the British administration which has put the finishing stroke to its proofs of malevolence towards free people. The despatch of the minister communicating this measure to me, is dated the 5th of January, and did not come to my hands till fifteen days ago. I do not yet know by what route; I could have wished it had been less tardy in coming to me, that I might sooner have fulfilled the agreeable task of proving to you by facts the protestations of friendship of which I have so often spoken in the name of the Republick of France.

The information which I shall receive from Europe in a little time, will doubtless possess me of the success of those negotiations which were to have been opened in January last. If the situation of your affairs is yet such with respect to that barbarous regency as that our intervention may be of some utility, I pray you to invite the President to cause to be communicated to me the means that he will join to those of the committee of publick safety, for the greatest success of the measures already taken. It is in virtue of the express request of the minister that I solicit of the President some communication on this subject: I shall be satisfied to be able to transmit it by a very early conveyance which I am now preparing for France. Accept my esteem,

JH. FAUCHET.

No. 109.

Mr. Randolph, Secretary of State, to Mr. Fauchet, Minister Plenipotentiary of the French Republick. Department of State, June 6, 1794.

SIR,The letter which you did me the honour of writing to me yesterday, has been laid before the President of the United States; who accepts with pleasure such a testimony of your attention, and whose sentiments upon the great subject of your revolution can never be doubted.

Your other letter of the 4th of June is a powerful demonstration of the interest, which the Republick of France takes in our welfare. I will frankly communicate to you our measures and expectations, with regard to Algiers; but as you will so soon receive the detail of those measures, which your government have pursued in our behalf; and, after the rising of Congress some new arrangements will probably be adopted by the Executive; it will be better perhaps to postpone our interview on this matter until the intelligence which you further expect, shall arrive. 1 have the honour, sir, to be, &c.

No. 110.

EDM. RANDOLPH.

TRANSLATION.

The Minister Plenipotentiary of the French Republick, near the United States, to Mr. Randolph, Secretary of State of the United States. Philadelphia, the 12th Messidor, 3d year of the French Republick, one and indivisible, (30th June, 1795, O. S.)

SIR, I herewith enclose to you a literal copy of the part of my instructions relative to a new commercial treaty, and a new consular convention to be entered into between France and the United States.

Honesty, justice, the interest of the two nations, and the most exact reciprocity, are the basis which the French Republick adopts in her treaties of friendship. Be pleased to assure the President, that I shall be too happy if I can contribute to tighten the bands which unite the French Republick to the United States, and to assure the happiness of both. Accept, &c.

No. 111.

P. A. ADET.

Extract from the instructions given to P. A. Adet, Minister Plenipotentiary of the French Republick near the United States of America, by the committee of publick safety of the National Convention, charged by the law of the 7th Fructidor, 2d year, with the direction of foreign affairs. "THE minister shall prepare with the American govern. ment the means and arrangement of a new consular con

vention, and of a new commercial treaty, and he shall communicate his negotiation on this subject to the committee of publick safety. This negotiation shall be built upon the different decrees of the National Convention passed on this subject. The object of the new treaty shall be to found the commercial relations of the two republicks upon stipulations more reciprocally advantageous and more clearly worded than that of 1778, and the object of the consular convention to assure the full and complete execution of this treaty."

True extract from my original instructions.

Philadelphia, the 12th Messidor, 3d year of the French Republick.

The minister of the French Republick near the United States of America. P. A. ADET.

No. 112.

Mr. Randolph, Secretary of State, to Mr. Adet, Minister Plenipotentiary of the French Republick. Department of State, July 1, 1795.

SIR,I had the honour of receiving your letter of yesterday, covering an extract from your instructions, relative to a new treaty of commerce, and a new consular convention. Even before we are fully informed of the extent of the different decrees of the National Convention upon which your propositions are to be founded, I do not hesitate to declare to you our readiness to open a negotiation with you upon these two subjects. It would seem from your instructions, that you have no power to conclude or sign any new compact. If I misjudge the nature of your authority, you will be pleased to correct me.

I must also beg the favour of you to communicate to me the dates of those decrees, to which your instructions refer. Perhaps I may be possessed of the whole or most of them. In that case, copies will be asked of none, but those which are not in the office of this department.

Your answer to this letter will enable me to offer to your consideration some arrangements, which may facilitate the discussions.

Permit me, however, to request, on this first opportunity of business, that when you give the dates of the French