make concessions in favour of a neutral and defenceless
commerce.
The result of the negotiation with Great Britain has
therefore shown, that she will not relax, in our favour, from
the strict maxims of the law of nations, defining contra-
band, the principles of which are adopted in the treaty.
Thus, though the first clause of the 18th article embraces
several kinds of merchandise, which the policy of modern
times has by special treaties admitted to be articles of free
commerce, yet it is believed, that not a single one is in-
cluded as contraband, which has not been ranked as such
by approved writers on the law of nations. It is not there-
fore correctly said that we have relinquished any neutral
rights, the exercise of which would have been beneficial to
France ; and yet this is the strongest charge which has
been adduced against the treaty with the shadow of rea-
son. The treaty has barely recited in the list of contra-
STATE PATERS. 26 3
••an. I wiuti was before so, under a law, which we could not
mitigate; and though we were desirous of relaxing the
rigour of this law, yet a recital of it, in the present treaty,
lie best which could be done, and was necessary, in
or<kr to admonish our maritime and commercial citizens
of a risk, which really existed.
The second clause of the 18th article, clearly refers to
the doctrine asserted by Great Britain, that provisions may
become contraband, when destined to places not invested
or blockaded. To this pretension which is contrary to
our interests, and as we are inclined to believe unwarranted
by the law of nations, especially in the extent asserted by
Great Britain, we could not accede. The opinions of our
government on this subject formerlj expressed are well
known to you, being amply detaded in the correspondence
of Mr. Jefferson and Mr. PinckneV in the year 1793.
Though we have not been able to induce Great Britain to
relinquish her construction, we have not abandoned ours ;
and the result has been a stipulation, that whenever pro-
visions and other articles not generally contraband shall
become such, and for that reason be seized, they shall not
be confiscated, but paid for with a reasonable mercantile
profit, including freight and the expenses incident to the
detention.
It is obvious that if the British construction of the law
of nations were admiited to be just, the stipulation in the
treaty would be favourable to neutral commerce ; we do
not however admit their construction ; the contrary ap-
pears from the treaty. We have only guarded by such
means as were in our power, against the full effects of a
doctrine, which has been and which will be strenuously
opposed by all reasonable means which may offer.
Whether this pretension on the part of Great Britain
was of such a nature as ought to have been resisted by
force, is a question, which it pertains to the proper autho-
rities of the United States to decide. They are the ex-
clusive judges and competent guardians of whatever con-
cerns our interests, policy and honour; and on these sub-
jects, they will never ask the advice nor be governed by
the counsels of any foreign nation whatever. We acknow-
ledge ourselves bound to stipulate nothing which may
derogate from our prior engagements. This we have not
done by the present treaty, and this we will never do.
268 AMERICAN
Even in cases where Ave are not bound by treaty, we will
not stipulate to surrender our rights as a neutral nation to
the injury of our friends ; but we must be left to determine
in what manner we can most beneficially obviate an evil,
and when it is proper for us to repel an injury. The
present situation of Europe admonishes us to avoid the
calamities of war. Having attained the possession of a
free and happy government, and having nothing left to
hope or desire beyond our present internal enjoyments,
our solicitudes are principally attracted to the vexations
and depredations committed upon our commerce : these
are indeed great, and are inflicted upon us by all the parties
to the war, notwithstanding which our commerce has con-
tinued to be lucrative and extensive, though unfortunately
for us, as we have no means of protecting it against in-
justice, it is vulnerable in the same proportion that it is
extensive.
The degree of security which we enjoy is well known
to depend more upon the common wants of the nations at
war than upon any exertions which we can immediately
make of an offensive nature. Indeed nothing of this kind
could be attempted by us without a total sacrifice of our
commerce. How preposterous is that policy, which re-
quires us to abandon and destroy the very object, for the
preservation of which, we are invited to commence hos-
tilities.
It may not be amiss to dilate on the consequences of
our engaging in the war with Great Britain.
First, Seeing she has the command of the sea (and ap-
pearances strongly indicate that she will maintain that
command) our commerce might in one year be annihilated,
and thousands of our seamen be shut up or dying in jails
and prison ships. In addition to her fleets and cruisers
now in commission, privateers would swarm, as soon as
an object so alluring and so assailable as the American
commerce should present. If we look back to the two
last years of our revolution war, a judgment may be
formed on this point. A striking defect in her naval
arrangements in preceding years, left our ports open for
the entry of commerce, for the equipping of privateers and
the introduction of prizes. A different arrangement in
the latter period of that war totally changed the scene.
The small privateers were hauled up, as no longer able to
STATE PAPERS. -69
rope even with their armed merchantmen, and the larger
privateers were taken. Our mercantile shipping fell, at
the same time, a sacrifice to the vigilant operations of the
British navy. At the present moment her naval power is
extended beyond all former examples: while that of her
enemies is at least not increased.
Second, Our landed as well as commercial interests
would Buffer beyond all calculation. Agriculture, above
the supply of our own wants, would be suspended, or its
produce perish on our hands. The value of our lands and
every species of domestick property would sink.
Third, The sources of revenue failing, publick credit
would be destroyed and multitudes of our citizens now de-
pending on its preservation, be involved in ruin. The
people at large, from the summit of prosperity would be
plunged into an abyss of misery too sudden and too severe
patiently to be borne. To increase their calamities, or
make them felt more sensibly, direct taxes must be levied
to support the war, and it would be happy for us if we
could contemplate only a foreign war in which all hearts
and hands might be united.
Fourth, Under the circumstances mentioned, a war with
Great Britain would be essentially injurious to France.
With our own principal ports blocked up, and her sea
coast lined (as at present) with British cruisers, there
would be an end to our intercourse with France : and it
is by our commerce only that we can give her any valu-
able aid. Men she wants not ; and if she did want we
could not transport them. But while we continue our
neutrality, the benefits we may render to France and her
colonies are immense. And though the renewal of the
order for capturing neutral vessels laden with provisions,
while extremely vexatious to us, adds to their distresses ;
yet the tenour of the 18th article of our late treaty with
Great Britain, though with some a subject of clamour, will
remedy in a degree the mischievous tendency of that
order. For the article, for from giving a right to Great
Britain to capture our provision vessels, only prescribes
the course to be taken, when by the law of nations provi-
sions become contraband. They are not to be confiscated,
but paid for with a reasonable mercantile profit. What
will be the operation of this provision ? Will it check or
encourage adventures to France? We think the latter.
270 AMERICAN
For if our vessels reach the French ports, all the expected
profits of the voyage will be gained. If they are taken
by the British, although there may be less profit, there
can be no loss. Consequently, instead of discouraging,
this article will rather promote the exportation of provi-
sions for France ; for in the event of arrival or capture,
the American merchant is certain of making a profitable-
voyage.
That this article in the treaty respecting provisions has
had no influence in the measures of the British cabinet is
clear to a demonstration : for the order, so far as we are
informed, extends to other neutral nations with whom there
is no similar stipulation. And before the article existed,
we too well know the conduct of that court was the same.
And claiming as an independent nation the right of judging
in such case, it was evidently expedient for the United
States to obtain from her some stipulation, which, without
admitting her claim, would not leave our commerce to
future spoliations without any definite means of liquidation
or redress.
Some men, forgetting their own professed principles,
when they advert only to our relation to Great Britain, for-
getting that they are the citizens of an independent state,
have said, that while France, with whom we have a treaty
of amity and commerce, was at war, we ought not to form
with her enemy a similar treaty, by which our situation
would be changed. But where is the principle to support
this rule ? and where will it find any limits ? ' We have
treaties with many other powers, one or the other of
whom, may be always at war : are we never then to make
another treaty ?
Others have said, France will be displeased* This we
should regret for two reasons : one because we really
wish to please our old and friendly allies : the other, be-
cause we desire to see, and doubt not we shall see, her
deportment towards us correspond with her own funda-
mental principle, that every independent nation has an
exclusive right to manage its own affairs. All our exter-
nal duties centre here — that in our new engagements we
violate no prior obligation*.
That France should manifest a watchful jealousy of any
connections we might form with her ancient and inveterate
enemy, is perfectly natural. It is the same spirit which
S I ATE TAPERS. 271
prompted her to afford us that efficient aid which was so
important to the achieving of our independence. By
breaking off so large a portion of the British empire, the
power of a formidable rival was essentially diminished.
No wonder she should now be alive to the remotest pros-
pect of reunion; not of government, but of interests and
good will. But to the following positions you may give
all the solemnity of truths.
First, That the late negotiation has not proceeded from
any predilection in our government towards Great Britain.
We abide by our original declaration respecting the Bri-
tish : " We hold them, as we hold the rest of mankind,
enemies in war, in peace friends."
Second, That from the remembrance of a long, bloody
and distressing war. from which we were just beginning to
recover, and to taste the blessings of peace ; whatever even
seemed to tend to a renewal of it, was seriously deprecated.
Third, That there were many causes of difference between
zis and Great Britain, the adjustment of which admitted of
no longer delay. One was the detention of the western
posts, under a real or affected belief that the United States
were the first to infringe the peace of 1 783. From this de-
tention resulted a bloody and expensive Indian war ; a loss
of revenue by a suspension of the sale of lands ; and a de-
privation of the fur trade. To these were added fresh
excitements to a more extended Indian war, and the vex-
ations and ruinous spoliations of our commerce. Our
differences on these and other grounds had risen to a
height that required an immediate remedy. War or ne-
gotiation were the alternatives. We chose the latter.
Had this failed, war seemed scarcely avoidable. But in
that case, these good effects were counted upon. The
consciousness of using the proper means of averting so
great a calamity; union among ourselves, when war
should have appeared inevitable ; and division among our
enemies who should have refused an amicable settlement
of our just demands; besides which we gained time for
preparation.
Fourth, That the commercial part of the treaty though
not unimportant, was but a subordinate object, and at. the
same time not a new measure. This is well known to eve-
ry well informed citizen of the United States. It is a fact.
that n commercial treaty has been sought after ever since
272 AMERICAN
the peace ; under the old government, and since the esta-
blishment of the new one. It is a fact, that upon the arri-
val of Mr. Hammond the British minister, and an intima-
tion that he was empowered to enter into commercial
arrangements, he was met with avidity by Mr. Jefferson, the
Secretary of State : and when it was discovered that his
powers extended only to an inconclusive discussion of
this subject, disappointment and chagrin were the result.
It may be added that measures have been proposed and
powerfully supported in the legislature, the sole object
of which was to force Great Britain into a commercial
treaty.
Fifth, That the government of the United States is sin-
cerely friendly to the French nation. The latter doubtless
believe that the body of American citizens are well affect-
ed towards them. The belief is well founded. But it is
equally applicable to those in the administration of the
government. If any thing could weaken this general
attachment, it would be a recurrence to such disorganiz-
ing projects, and outrages on the sovereignty and dignity
of the United States, as marked and disgraced the minis-
try of Genet. The precipitate, and in the main, ill-
founded resolutions of a few small popular meetings, are
not to be taken as true indications of the American senti-
ment : very different is v the opinion of the great body of
the people. These are beyond example prosperous, con-
tented and happy. Where any symptoms of another nature
have appeared, they are to be traced to ignorant or per-
verse misrepresentations of the treaty. This, as it be-
comes better understood, is more and more approved.
That the treaty would settle every point in dispute en-
tirely to our satisfaction, and secure to us all the com-
mercial advantages we could wish for, no reasonable man
could expect. Our antagonists too had claims, opinions
and wishes. And where there are opposing interests,
nations as well as individuals are likely to make errone-
ous estimates of their respective rights. When therefore
every argument was exhausted, and found unavailing to
settle the disputed points more to our advantage, the
terms as we see them were adopted. The Senate after a
very deliberate discussion and consideration of the treaty,
in all its relations, advised its ratification, on the condition
stated in (heir resolution : and on that condition it has
STATE PAPERS. 273
ived the President's sanction. It now rests with the
king ofGreal Britain to give or withhold his assent. We
are disposed to think that his assent will be gn en : for it
is the interest of Great Britain not to increase the number
of her enemies, or to deprive herself of the benefits of a
commercial intercourse with the United States. It is not
less our interest to remain at peace. And the President
a> the firsl minister of good to the people, is bound to
take all reasonable and prudent means to preserve it.
Peace is the ordinary and eligible state of our nation ; and
your duties as its agent abroad result from this condition
of our country. And as nothing has yet happened which
renders it in any degree probable that the United States
will become a parly in the existing war, every intimation
which may invite the expectations and enterprises of the
French government, calculating on such an event, is there-
fore carefully to be avoided.
With great respect, I am, sir, &c.
TIMOTHY PICKERING,
No. 29.
TRANSLATION.
Joseph Fauchct, Minister Plenipotentiary of the French Re-
publick, near the United States, to Air. Randolph, Secreta'
ry of State of the United. States, jSTew York, the 2d
Vi)idemiaire, 2d year of the French Republick, one and
indivisible, (Sept. 23, 1794, O. S.)
Sir, — A recent violation both of the sovereignty of the
French Republick and of the treaties you have contracted
with her, has just taken place at New York. Some men,
in the employment of the customhouse I suppose, went on
board the Favourite, a French ship of w r ar, and carried off
effects belonging to the Republick : one of the persons
who executed this order insulting to the nation I repre-
sent, dared to threaten the officer instructed to hoist our
flag for the fete of the 21st September with a stroke of his
sword. His threats terminated by hoisting the flag of the
customs. This was respected by the French : but ours
was insulted in an outrageous manner. I request justice
against the authors of this infraction of the law of nations.
vol. u, 35
274 AMERICAN
It is to a free government I address myself, and I shal}
obtain it.
It is pretended, sir, at least from every thing I can learn,
that a privateer fitted for a cruise had deposited arms on
board, and that this pretext was used for visiting and pil-
laging the Favourite, a vessel answering as a store ship
for the Rcpublick, until she should be repaired. Were
this the fact, they ought to have applied to me. The con-
duct I have frequently discovered in similar cases, the
promises I have made to prosecute those who should vio-
late the neutrality of the United States, the punctuality
with which these promises have been fulfilled should have
induced those officers to inform the functionaries of the
French Republick, even if it had not been their duty to do
so. Nothing can justify this outrage. If an unfaithful or
weak keeper had committed a fault, it were sufficient to
inform me of it ; I should have delivered him to his proper
judges, and the Americans would not have overleaped
their rights and otfended an ally attached to them by so
many ties.
Accept my esteem,
JH. FAUCHET,
No. 30.
Mr. Randolph, Secretary of State of the United States, to
Mr. Fauchet, Minister Plenipotentiary of the French Re-
publick. Philadelphia, Sept. 25, 1 794.
Sir, — I regret extremely that any citizen of the United
States, and more especially if he be in authority, should
offer either outrage or insult to a vessel of the French
Republick. I have accordingly written to the attorney of
the district of New York, to inquire into and report the
facts, as you will perceive from the enclosed copy. The
course might have been shortened by directing him to pro-
ceed in the case, as the law directs. But this has not
been adopted because we wish to reserve to ourselves
the decision in this particular, as it is suggested that a
publick officer is concerned, and we take an interest in
causing justice to be done to the French Republick, as
far as possible, under our own eye.
I have the honour to be, &e.
RDM. RANDOLPH.
No. 31.
Mr. Randolph, Secretary of State, to Mr. Harrison, DiV
trict Attorney of New York. Philadelphia, Stptvgn
ber 25. 1791.
Sin, — I have the honour of enclosing to you, the trans-
lation of a letter from the minister of the French Repub-
lick, complaining of an outrage on a French vessel of
war. Resolved as we are to act with good faith and
friendship towards our ally, I must request you to inquire
into the facts ; and transmit what shall be found to be au
accurate state of them ; in order that government may
proceed to do what is proper and honourable on the
occasion.
I am. fcc.
EDM. RANDOLPH.
No. 32.
Mr. Randolph, Secretary of Stale, to Mr. Fauehet, Minister
Plenipotentiary of the French Republkk. Philadelphia,
November 17, 1794.
Sir, — The Exccutiveof the United States, being oblig-
ed to collect information of facts at a distance through the
publick officers, and having a confidence in them, it was
conceived sufficient in the first instance merely to transmit
to you the evidence which had been obtained respecting
the Favourite. Hence in the letter which I had the honour
of writing to you on the 22d ultimo I did no more than
note the enclosures, reserving any reflections until I should
be ascertained on your part, whether the allegations were
true.
The opinion which the President has formed, relieves
both you and myself of no small difficulty in comparing
and weighing the testimony.
He has thought proper to instruct me to inform you,
that on the faith which he always reposes in your asser-
tions, he takes these points for granted : that the Favour-
ite is a publick vessel of war, bearing the commission of
the French Republick : and that no contravention of the
act prohibiting the exportation of military stores, was
276 AMERICAS
meditated in the application of those which were found ait
board.
The President highly disapproves that a puhlick vessel
of war belonging to a foreign nation, should be searched
by officers of the customs, upon a suspicion of illicit com-
merce. The propriety of representing such a suspicion
to the consul of that nation, or the commander of the vessel,
will not be controverted, this being a course respectful
and customary. A general instruction will therefore be
given to pursue this course ; with the view, that if it
should be ineffectual, the government of the United States
may adopt those measures, which the necessity of the case,
and their rights may require.
A particular instruction founded on the same principles,
will be also forwarded to the collector of New York ; with
this addition, to discontinue the prosecution against the
property, and restore what may be within his power or
command. At the same time I must repeat the assurance
which we entertain, that you will prevent the stores from
being used in any manner, contrary to the act before re-
ferred to.
I flatter myself, sir, that this reparation of what is past,
and the precaution against the future, will manifest such a
disposition in our government, as will induce you to ap-
prove the decision, which a sense of justice imposes upon
the President, to wave any further measures. For the
appearance and circumstances of the Favourite might have
misled the best intentioned man into a misapprehension
of her real character. And in truth, something is due to
the consideration that in our new situation it cannot be ex-
pected that all our officers should meet every occurrence
with a correct knowledge of the usages of nations.
An insult to the French flag will not be tolerated by the
President, whensoever he can prevent or punish it. But
the depositions do not place this subject in so clear a light,
as to prove its existence, or designate the culpable per-
son. It is the President's purpose therefore to cause the
officers of the customs to be admonished to r^pect your
flag, and if this be not satisfactory, and you are still per-
suaded, that an insult has been committed ; I shall be
ready to concur in any arrangement, which may be con-
venient, for the full examination of such other witnesses,
$s may be produced. I have the honour, to be, &c.
EDM. RANDOLPH.
STATE PAFER>,
.27*
No. 33.
Mr. Randolph, Secretary of State, to Mr. Fauchet, Minister
Plenipotentiary of the French Republick. Department of
State. February 7, 1795.
Sir, — This moment I have received the enclosed copy of
a letter from the collector of New York, to the Secretary of
ihe Treasury. Although the subject of the Favourite has
been long ago adjusted, I think it proper to hand to you
any explanation, which may come to my hands.
I have the honour to be, sir, &c.
EDM. RANDOLPH.
No. 34.
Mr. Lamb, Collector of New York, to the Secretary of the
Treasury. New York, November 29 > 1794.
Sir, — I acknowledge the receipt of your favour of the
22d instant, respecting the articles seized on board the
French ship the Favourite, and agreeably to your direc-
tions, have ordered them to be restored.
At the time the seizure was made, the Favourite having
been totally dismantled, her crew sent on board other
ships of war, and her sails, rigging and other materials,
having been sold at publick auction, she was considered
as a hulk ; otherwise the event would not have taken
place.
With respect to the charge, That the officers of the cus-