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No. 120.

TRANSLATION.

The Minister Plenipotentiary of the French Republick, near the United States, to Mr. Randolph, Secretary of State of the United States. Philadelphia, the 26 Messidor, 3d year of the French Republick, one and indivisible, (14th July, 1795, O. S.)

SIR,-I have the honour to transmit to you an official decree of the committee of publick safety of the 14th Nivose, in the 3d year of the French Republick, which you have seen in the newspapers, and which you communicated to my predecessor, citizen Fauchet, in your letter of the 14th of last Nivose.

This decree revokes the 5th article of that of 25th Bru- . maire in the same year, a copy of which I have also the honour to transmit to you.

You will see, sir, in both the undisguised disposition and sincere desire of the French government religiously to observe the engagements it has contracted with its allies, and its readiness to redress infractions which have never taken place but from the impulse of circum

stances.

. That of the 14th Nivose will convince you particularly of the purity of motives and respect for principles which animate the National Convention and its committees. It was not produced by representations from the neutral governments or their subjects; but the result of a rigid examination of the extent of our contracts with our allies.

By this article, the merchandises belonging to powers at enmity with the French Republick, laden on board of neutral vessels, are declared free.

It is amidst her triumphs that the Republick loves to give this striking mark of her fidelity. Victorious France knows no other concern than that of justice-no other diplomatic language than that of truth.

As for myself, sir, who have the honour of representing her near your government, I esteem myself happy in having the superintendence of the execution of these measures of justice; and if, contrary to my expectation, they should experience any violations by the vessels which come near

your latitudes, you will see me anticipate your complaints by honestly probing them to the bottom, and redressing them with a zeal equal to that with which you might be animated yourself.

Accept, sir, &c.

P. A. ADET.

No. 121.

TRANSLATION.

Extract from the Register of the Decrees of the Committee of Publick Safety of the National Convention, of the 14th Nivose, 3d year of the French Republick, one and indivisible.

THE Committee of publick safety, considering that the 23d article of the treaty of commerce between France and the United States of America, of the 6th of February, 1778, stipulates formally

1st. That the French and Americans may navigate in full security with their vessels, without any exception being made on account of the proprietors of the merchandises laden in those vessels, from whatsoever port they come, and although the power for which they are destined, is, or may be an enemy of the contracting nations: that they may in like manner navigate in full security with their vessels and merchandises, and frequent the places, ports and harbours of powers enemies of the two contracting nations, or of one of them, and carry on commerce not only from an enemy's to a neutral port, but also from one enemy's port to another.

2d, That free yessels shall make free goods; and every thing which shall be found on board of vessels belonging to the citizens of one of the contracting nations shall be judged free, if even the lading should belong in whole or in part to the enemies of either; contraband articles being always excepted.

3d. That this same freedom shall be extended to the persons who may be on board of the free vessels, should they even be enemies of one of the two contracting nations; and that consequently those persons cannot be taken from on board of such vessels unless they be military

characters, and actually in the service of the enemy:→→→ Considering that the crimes of England have given to the war of despotism against liberty, a character of injustice and atrocity unexampled in history, the National Convention found itself obliged, in using the right of reprisal, to decree on the 9th of May, 1793, that vessels of war and French privateers should arrest and conduct into the ports of the Republick, the neutral vessels which should be found laden in whole or in part, either with produce belonging to neutral nations, and destined for enemies ports, or with merchandises the property of enemies: but that soon after, on the first of July, 1793, the National Convention hastened to re-establish, in all their vigour, the disposi tions above recited of the treaty, of the 6th of February, 1778; that in fact it has been revoked by that of the 27th of the same month, so far as relates to the produce and merchandises belonging to enemy powers: that thus it remains free for produce and merchandises the property of neutral powers with regard to which the French government have not to blush for having delayed to show its justice and honesty, until the cabinet of London revoked as they have done a considerable time after, the order issued by them during the preceding year, for seizing every neutral vessel carrying produce or merchandises of neutral nations to France.

Considering that since, and notwithstanding the affectation with which that cabinet continues daily to insult the rights of nations, and to violate the neutrality of non-belligerent powers in causing to be seized their vessels laden with merchandises destined for France, the National Convention enjoined by the 7th article of the law of the 13th of this month all the agents of the Republick, all the commandants of the armed forces, and all officers civil and military, to cause to be respected and observed, in every particular, the treaties uniting France to the neutral pow ers of the ancient continent, and to the United States; that by the same article, an infringement of those treaties is forbidden, and that all acts which may be contrary thereto are annulled.

Considering that it is of importance to make known tó the world this grand act of honesty and justice and speedily to do away every pretext, which malevolence might employ, either for obstructing or retarding its effect, or

perverting the same to the prejudice of the Republick-It is decreed,

Art. 1. The colonial and marine commissioners shall notify, without delay, all the commandants of the naval armies, divisions, squadrons, fleets or vessels, of the article of the law, of the 13th of this month, cited above; and inform them in consequence, that they must regard as null and of no effect the disposition of the 5th article of the decree of the committee of publick safety, of finances, and of commerce and supplies, of the 25 Brumaire last (15th November) which authorized the seizure of merchandises belonging to enemy powers, until they should have declared free and not seizable the French merchandises laden on board of neutral vessels.

Art. 2. Merchandises, even of neutral nations, denominated contraband, or prohibited, shall continue to be liable to seizure.

Art. 3. The articles comprised under the name of prohibited or contraband merchandises, are arms, instruments and warlike stores of whatsoever kind they may be; horses and their harness, and all kinds of effects, produce or merchandises, destined for an enemy's port, actually besieged, blockaded, or invested.

Art. 4. The commissioners for exterior relations shall transmit the present decree to the agents of the Republick near the allied or neutral governments with orders to communicate it to them.

Art. 5. The present decree shall be inserted in the bulletin of the laws. The members of the committee of publick safety

Cambaceres,

Merlin, of Doway,
Carnot,

Prieur, of the Marne,
Maree,

A. Dumout,
J. G. Chazal,
Pelet.

The Commissioner of Foreign Affairs,

True copy,

A. F. MIOT.

P. A. ADET.

No. 122.

The following is a Translation of the Fifth Article of the Decree of 25 Brumaire, alluded to in the foregoing, November 15, 1794.

Art. 5. The following are excepted from the prohibition in the preceding article [alluding to art. 4.]

1st. Merchandises belonging to powers enemies of the French Republick, until these powers shall have declared Free and not seizable, French merchandises laden on board of neutral vessels.

2d. Also neutral merchandises, denominated contraband or prohibited; under the name of prohibited or contraband merchandises, are included arms, ammunition and warlike instruments, of every kind, provision or merchandise destined for an enemy's port, actually besieged, blockaded or invested.

No. 123.

TRANSLATION.

The Minister Plenipotentiary of the French Republick, near the United States of America, to Mr. Pickering, Secretary of the Department of War of the United States, charged with the Department of State. Philadelphia, the 7th Vindemiaire, 4th year of the French Republick, one and indivisible, (28th Sept. 1795, O. S.)

SIR,-The publick papers announce in every quarter, that the English, in contempt of the law of nations, arrest and seize American vessels laden with provisions for the ports of France. Although this fact is not authentically vouched to me, yet I cannot doubt it, since no one has ever contradicted any of the numerous assertions which had any relation to it.

If the interests of my country were not deeply compromitted by the measures which the English government has taken with regard to your commerce, I should have remained silent. I know that it is not for me to judge of circumstances in which the glory of the United States, the honour of their flag, the liberty of their commerce,

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