evidence legally taken in writing appertaining thereunto,
that I may transmit the same to the President of the Unit-
ed States, whose decision, when known to me, will be
forwarded to vou. I have the honour to be, sir, &c.
HENRY LEE.
: PATE rAV!:r>- . 301
No. 56.
CIRCULAR.
To the Commandants of Counties, in which are ports of
/alligation. Richmond, August 22, 1793.
Sir, — It having been decided by the President of the
United States, that no armed vessel, which has been or
shall be originally fitted out, in any port of the United
States, as a cruiser or privateer, by either of the parties
at war, is to have asylum in any of the ports of the United
States: incase any Vessel within the foregoing descrip-
tion, should arrive 'in any port or harbour within the limits
of your county, you are to cause her to be ordered to de-
part immediately, and in case of her refusal, you are to
take effectual measures to oblige her to depart. Force
is not to be resorted to, until every proper effort has been
previously made to procure the early departure without
it. If any such vessel or vessels shall have sent or
brought, subsequent to the fifth instant, or should here-
after send or bring any prize or prizes into any port or
harbour within your county, you will cause such prize
or prizes to be immediately secured by your militia for
the purpose of being restored to the former owners.
The following arc the names of the privateers compre-
hended within the meaning of this letter, that have hith-
erto come to the knowledge of the government of the
United States :
Citizen Genet, }
Sans Culotte, > fitted out at Charleston, S. C.
Vanqueur de Bastile, )
Petit Democrat, - - Philadelphia.
Carmagnole, - - - Delaware.
You will be pleased to transmit in writing to the gov-
ernour, all the cases with the evidences thereon, which
may occur in pursuance of this communication.
I have the honour to be, &c.
JAMES WOOD.
302 AMERICA??
No. 57.
â– From the Lieutenant Governour of Virginia to the vice
consul of the French Republic!' at Norfolk. Richmond,
Oct. 9/1794.
Sir, — The communications made by you to the gover-
nour, respecting the British frigate the Terpsichore, he
took up as commander in chief of the militia, before he
left this place, and, I presume, instituted the inquiries
which he promised to make, in his letter to you of the
12th ult. As the result of those inquiries were not com-
municated to me, I concluded the British frigate had been
ordered to depart, and had done so. I have just now
received a letter from the Secretary of State, on the sub-
ject of the Terpsichore, and have now given the most
pointed instructions to the commandant of the Norfolk
militia on the subject of it, and which I have requested
him to communicate to you.
I entreat, sir, that you will be so obliging as to make
me acquainted without loss of time of all cases of a simi-
lar nature, which may hereafter occur, and hope that you
will be persuaded I shall always feel a particular gratifi-
cation, on all occasions, to render to the French Republick
that justice to which it is entitled.
1 have the honour to be, &c.
JAMES WOOD.
No. 58.
From Lieutenant Governour of Virginia, to Thomas Newton,
Esq. commandant of the militia of Norfolk. In council,
9th of October, 1794.
Sir, — I have received a letter from the Secretary of
Slate, dated the 3d instant, stating that he had been in-
formed by the minister of the French Republick, that the
British frigate, the Terpsichore, had carried as prize into
Norfolk, or some of our ports, the French privateer la
Montagne. Our treaty with France positively forbids
the admission of a foreign ship of war under such circum-
stances. The rules, which have been adopted by the
President, are pointed on this particular subject. Those
STATE PAPiiR-. '303
.rules liave been communicated to you, by the governor's
circular letter of the 5th of December last, to which I beg
leave to refer. What is beyond the rights of the law of
nations, we are under no obligation to perform, especially
towards the British shipping, which is hourly destroying
our trade ; and more especially, in defiance of a treaty
which ought to be held sacred.
I beg, sir, that you will, as commandant of the Norfolk
militia, be pleased to inquire into this case, as well as all
others of a similar nature, and report the same to the
executive, with all possible despatch ; and that you will-
in the mean time, cause to be rendered to the French
Republick, that justice to which it is entitled, upon the
presumption, that the facts, as stated, shall be found to
be accurate. This case was taken up by the governour,
in his character of commander in chief of the militia, be-
fore he left this place, upon the representation of the vice
consul of Norfolk. I find by the govcrnour's letter to Mr.
Oster of the 12th ult. that he assures him, " he will make
the necessary inquiries, and then pursue the conduct which
the President's instructions enjoin." Not having received
any communications respecting the inquiries made by the
governour, 1 naturally concluded the frigate had been
ordered to depart, and had done so.
May I beg the favour of you to communicate the con-
tents of this letter to Mr/ Oster; and to Mr. William
Lindsay, the collector of the port of Norfolk.
1 have the honour to be. Sic,
JAMES WOOD.
No. 59.
The Lieutenant Governour of Virginia, to the eommandarUi
of the militia of the borough of Norfolk, and of the emp-
ties of Norfolk and Elizabeth city. In council. Qoth
Oct. 1794.
Sir, — The minister of the Republick of France is ap-
prehensive, from circumstances which have been expe-
rienced, that unless decisive measures are adopted with
respect to vessels hostile to the French nation, bringing
into our ports French prizes, the 17th article of the treaty
of commerce will, become null.
304 AMERICAN
I beg, sir, to call your particular attention to that
branch of the treaty, as well as to the correspondent rules
of the President of the United States, communicated to
you in the governour's letter of the 5th of December last ;
trusting that you will pursue measures, which will effec-
tually prevent, under those circumstances, hostile vessels
from receiving comfort or succour, contrary to solemn
stipulations. I have the honour to be, &c.
JAMES WOOD.
No. 60.
From Lieut, Colonel Willis Wilson, to the Governour of
Virginia. Portsmouth, January 3, 1795.
Sir, — I beg leave to enclose your excellency a copy of
a note from the British consul, to the collector of the cus-
toms of this port : The collector it seems, thought himself
unwarranted to do any thing in the business. I was ap-
plied to by an officer of the customs, respecting the con-
sul's request, or demand, — and conceived it my duty to
give orders to the commandant of the forts, not to suffer
the frigates to pass until your excellency's orders were
had thereon — It is also my duty for the sake of tranquilli-
ty, peace and order, to make known, that the commanders
of his Britannick majest) 's ships have rendered themselves
very obnoxious to the citizens of these two towns, as well
as others, by lawless depredations on their property and
tyrannical impressments of native seamen — that there now
lie at our wharves, three French ships of war, with crews
to amount of six or seven hundred men, the British ships
m question, if allowed to come up, must also lay at the
wharves, to go through their repairs ; consequently the
necessary subordination cannot be had, by the officers of
either party, over their seamen ; I am therefore very ap-
prehensive, in such a case, of dangerous consequences.
In short, I think it very imprudent in the British to throw
themselves in a port where there will be so great a major-
ity of people with whom they are at war : for it is not in
the power of all neutral ports to keep order, or protect
their neutrality — I am sure it is not the case with this. If
therefore they are entitled to repairs in our ports, I hum-
bly conceive Yorktown, or any other port where there
STATE PAPERS. 3Q5
may not be so large a concourse of French citizens, a much
more eligible place for them.
I will be very thankful to your excellency for advice,
whether the brigadiers have an existing command over
the respective counties, or whether that command is vest-
ed in the lieutenant colonels and the brigadier generals
confined to the brigades ?
1 have the honour to be, &c.
WILLIS WILSON, Lt. Col.
No. 61.
Mr, Hamilton, British Consul at Norfolk, to Mr. Lindsay,
Collector of the Customs. British Consul's office. Mr-
folk, January 2, 1795.
S IBj — lli s majesty's ships Thetis and Cleopatra having
received some damage, it will be necessary for them to
have repairs, before they can again proceed to sea — I
have to inform you, that both ships are expected here the
first fair wind for that purpose, and I presume they will be
permitted to pass the forts into this harbour.
I am with respect, sir, &c.
JOHN HAMILTON.
No. 62.
From the Lieutenant Govcrnour of Virginia, to Lieutenant
Colonel Willis Wilson, commandant of the militia of
Norfolk county. In Council, 1th January, 1795.
Sir, — The letter which you addressed to the governour
the 3d instant, has been received by me, and submitted to
the consideration of the council of state. The board con-
ceived, that ships of war circumstanced as those mention-
ed by the British consul, may be permitted to enter our
ports and to make the necessary repairs to fit them for
sea ; provided they have not made prizes of the subjects,
people, or property of France, and coming with their
prizes into the ports of the United States. If any circum-
stances should occur, which may be subversive of the
tranquillity of the place, the law gives you ample powers
to call forth the militia for the suppression of it.
I have the honour to be, &c.
JAMES WOOD.
vol. ii-. 39
j06 AMERICAN'
No. 63.
CIRCULAR.
The Secretary of Slate to the Govcniours of the several
States. Department of State, April 16, 1795.
Sir, — As it is contrary to the law of nations, that any of
the belligerent powers should commit hostility on the
waters, which are subject ro the exclusive jurisdiction of
the United States ; so ought not the ships of war, belong-
ing to any belligerent power, to take a station in those,
waters, in order to carry on hostile expeditions from thence.
I do myself the honour, therefore, of requesting of your
excellency, in the name of the President of the United
States, that as often as a fleet, squadron, or ship of any
belligerent nation shall clearly and unequivocally use the
rivers or other waters of as a station in order
to carry on hostile expeditions from thence, you will cause
to be notified to the commander thereof, that the President
deems such conduct to be contrary to the rights of our
neutrality ; and that a demand of retribution will be urged
upon their government, for prizes, which may be made in
consequence thereof. A standing order to this effect may
probably be advantageously placed in the hands of some
confidential officer of the militia ; and I must entreat you
to instruct him to write by the mail to this department im-
mediately upon the happening of any case of the kind.
I have the honour to be, &c.
EDM. RANDOLPH.
No. 64.
TRANSLATION.
Joseph Fauchet, Minister Plenipotentiary of the French Re-
publick near the United States, to Mr. Randolph, Secretary
of State of tlie United States. Philadelphia, the 1 3th Flo-
real, 3d year of the French Republick, one and indivisible,
(2d May, 1795, 0. S.)
Sir. — On the 24th of February last, I received the copy
q£ the despatch which the governour of Virginia transmit-
STATE PAPERS. 307
ted to you. Doubtless your object as well as his was to
e the exertions made use of to satisfy the reclamations
whii h I have raised against the violation of our treaties,
three times repeated in the Chesapeake. I was not a
little astonished to see among the documents you sent me
of those exertions, the proscription pronounced
in 1793 against French vessels armed in the ports of the
United States. I do not require this order of the govern-
ment to be persuaded of the promptitude with which jus-
tice is done to the complaints of English agents.
Since my arrival here, a single allegation from them,
whether founded or not, has been sufficient for causing
the prizes of our privateers to be arrested, which our trea- 4
ties sheltered from every kind of prosecution ; and far
from using the same coercive mea*is towards the English,
when they sent prizes made upon us into your ports, even
the severity which your treaties with us impose, has not
been exercised towards them. In a word, the militia
have as yet been assembled only to support the detention
of French vessels or of their prizes. So that on a single
suspicion, the requisitions of the English have been obey-
ed, and we with positive facts have not been able to ob-
tain justice. I waited the effect of the promises made to
you by Mr. Brooke in his letter of the 12th of February
last. "After an anxiety of two months, far from receiving
the satisfaction which I had a right to expect, I am inform-
ed that a French privateer and two of her prizes have just
been carried into Hampton. I hesitated, sir, to testify to
you my indignation against this new audacity on the part
of the English, at the very moment when their government
is boasting of having become, the friend of your country :
and that hesitation arose from the little success produced
by my reiterated complaints : I once more recall them to
you here, sir, and may this be the last time that I shall
fulfil that painful duty.
I claimed the execution of our treaties violated by the
putting into Norfolk of ships which captured American and
French vessels laden with provisions and bound to France,
under convoy of the Concord ; far from acceding to my
demand, you took the trouble to interpret the treaty^ in
favour of our enemies, and that favourable interpretation
could not defend a single vessel of the capturing division,
since even in your construction it had contravened the
30S AMERICAN
17th article of your treaty with France, by taking into
Hampton the privateer la Montagne, &c. &c. Governour
Lee did not till after some time answer the claim of the
consul of the Republick in Virginia, and contented himself
with making some vague promises, of which you yourself,
sir, have never yet discovered the effect : Mr. Lee doubt-
less supposed that his promise alone should content and
satisfy the just claims of the agents of the French Repub-
lick, since he has not thought proper to inform his own
government of the measures he was to take for accom-
plishing his promise given to fulfil the instructions of the
President.
Soon after I had a new opportunity of reiterating to the
Executive of the United States my hitherto fruitless com-
plaints against the violation of our treaties, an English ves-
sel which had put into Hampton, quit that port, on the
information of a pilot, in order to go and capture L'Espe-
rance, a corvette of the Republick, and an American
vessel which appeared in the opening of the bay ; she
again entered the bay with the corvette, re-armed her
there, and sent her out on a cruise. I protested against
this audacious infraction, and was still answered by pro-
mises ; and these promises are not yet fulfilled : The Ar-
gonaut is also permitted with impunity to defy your magis-
trates, who doubtless required her to go out, that being
their duty. Further, the Thetis on returning from her
piracies against your own vessels, is permitted to repair
completely in your ports the considerable damages which
she received in the ardour of her pursuit, whilst the 17th
article of our treaty is formally opposed to it, as well as to
the asylum which you allowed m general to admiral Mur-
ray's division : for in a word, sir, all the vessels composing
this division have taken French and American vessels un-
der the single pretext that they were laden with French
property. Whether the allegation as to the latter be true
or false, the captors should be driven from your ports. If
they have robbed you, one does not receive brigands in
the house they have pillaged. If they have seized our
property, our treaty is pointed in that respect.
After so many useless efforts, sir, you must be sensible
of the pain I experience in tracing to you a picture so dif-
ferent from that offered by the French Republick when-
ever justice towards you is in question, even though her
STATE PAPERS. 300
interests are compromised. It was when a terrible war
was incessantly devouring her, that she rigorously fulfilled
her treaties with you ; in this instance she demands but
justice, and cannot obtain it. On the contrary, she sees
to r i !• i i< s admitted to an intimacy with you, at the mo-
ment in which your commerce and your sovereign t\ are
alike insulted by them ; at the moment when adding de-
rision to injustice, they despoil you anew upon the seas;
when they promise to indemnity you for former acts.
This reflection, sir, becomes much more grievous, when
we see posted up under your eyes, the official Legalization
of a proclamation, which prohibits your commerce with
our colonies, and suspends to you alone the law of na-
tions. I know, sir, what respect imposes on me as to what
immediately interests your affairs and your relations as a
people; But 1 cannot entirely pass in silence transactions
to which the Republick is no stranger, because they arc
directed against her; and that to subscribe by an excess of
courtesy to such orders, were to quit the neutral position
which the Americans profess. Examine, I pray you, sir,
whether this neutrality can be said to exist, when, on the
one hand you can no longer maintain your treaties, and on
the other you are obliged to abandon your relations exclu-
sively to the discretion of England, who doubtless will
soon declare all the universe blockaded, except her pos-
sessions. What account do you conceive I can render to
the French government, of the means you take for render-
ing your neutrality respectable ? Yet on that my instruc-
tions insist, and it is on that more especially that France is
uneasy. I shall not remind you of the conversations
which I have had the honour of having with you on this
subject ; still less should I call to your recollection the ver-
bal promises which you have repeatedly made, especially
at a certain period, of a more honourable state of things,
ifou know what on the faith of the government we are to
expect from a negotiation which creates much noise. All
America now knows the result of this measure. The same
acts which produced it, still exist since it has taken a form
which at first was not announced, but from which, more-
over, more had been expected.
I hasten, sir, to quit a subject which I begun but with
pain, and with respect to which I know my obligations.
I return to what occupies me more immediately.
320 AMERICAN
I hope therefore, sir, that the Executive of the United
States will not be satisfied under its treaty concluded with
England, since every thing proves that that mean is insuf-
ficient. I likewise hope that your ports will henceforward
be shut against vessels which enter them in contravention
of the treaties uniting our two nations. I also hope, that
the President, who has so often promised me through you
that he would support the treaties at all events, will give
orders that his intentions, upon which I have not the
shadow of a doubt, he finally fulfilled ; in a word, I hope
that my claims, so often and so many times repeated, will
be attended to, so much the more as they are just, and as
for several months I have not ceased to present them to
the cold impartiality of your government.
Accept, sir, &c.
JH. FAUCHET.
No. 65.
TRANSLATION.
Joseph Fauchet, Minister Plenipotentiary of the French Re-
publick near the United States, to Mr, Randolph, Secre-
tary of State of the United States. Philadelphia, 4th
Prairial, 3d year of the French Republick, one and indi-
visible {May 23, 1795, O. S.)
Sir, — It is now twenty-one days since I had the honour
of writing to you, and eight since you promised an answer
to my letter. It gives me pain to be obliged to remind you
of this promise. An event announced in the gazettes
proves how much the complaints I have made required an
immediate attention. If against the tenour of the treaties
which I have hitherto invoked in vain, an English fleet
employed upwards of ten months at the entrance of your
ports, intercepting French property, real or supposed, and
even frequently conducting prizes into your bays, had not
received a constant asylum in the United States, with the
liberty of supplying themselves with provisons and of re-
pairing their vessels, they could not have again taken
French vessels in the Chesapeake.
I experience unpleasant sensations, sir, when I observe
that such accidents are repeated on your coasts only as
the sequel to the violation of our treaties, notwithstanding
Bl A TE PA1'ER>. 31 1
BN n • representations; and notwithstanding the
ious punctuality with which the French Republick
keeps her engagements with a nation to whom she has not
.1 to testify her attachment. Accept, sir, mv esteem,
.III. FAUCHET.
No. GG.
Mr. Randolph, Secretary of State, to Mr. Fauchet, Minister
Plenipotentiary of the French Republick. Department nf
State, May 29, 1795.
Sir, — As soon as I had submitted to the President of
the United States, your letter of the 2d instant with which
1 was honoured on the 4th, he instructed me to search the
files of my office, in order that he might do, on this occa-
sion, what he has done on every other of a similar nature.
This has been to weigh the complaints of foreign ministers,
with temper and impartiality; to explain misconceptions
with frankness, to rectify real crrours ; to compensate
where compensation was due, but to stand firm to the im-
perious dictates of national honour.
I have obeyed his command, with an anxiety to con-
vince the French Republick, that we have kept pace with
our obligations, but with a resolution to rest my reply upon
facts, simple and unrestrained, and upon reasoning, seeking
no lustre from a fervency of style. This, sir, is the result.
First, The order of 1793, prohibiting " The original
arming and equipping of vessels in the ports of the United
States by any of the belligerent parties, for military ser-
vice, offensive or defensive," was transmitted to you, as a
part of the suite of papers, intended by the governour of
Virginia for your information of his conduct. Nothing
was more remote from my imagination, than that this order
could awaken the discontent which generated the early
discussions with your predecessor. It was announced to
Mr. Genet in May ol that year ; and its principle has never
been since assailed as far as I recollect, under the authori-
ty of your government, except from his pen ; notwithstand-.
ing Mr. Jefferson's letter to our minister in Paris on the
16th X){ August, 1793, which was communicated to the
French executive, assigns to this subject a prominent rank
for consideration. Permit mo therefore, to refer you to a
&\% AMERICAN
letter from this department to Mr. Genet on the 5th of
June, 1793 ; wherein you will find the decided sense of the
President to be, that " The arming and equipping of ves-
sels in the ports of the United States to cruise against
nations, with whom they are at peace is incompatible with
the territorial sovereignty of the United States ; that it
makes them instrumental to the annoyance of those nations ;
and thereby tends to compromit their peace." Permit
me also to refer you to an act of Congress on the 5th of
June, 1794, rendering it penal within the waters of the
United States to fit out and arm, or procure to be fitted out
and armed, or knowingly to be concerned in the furnishing,
fitting out, or arming of any ship or vessel, with intent that
such ship or vessel shall be employed in the service of any
foreign prince or state, to cruise or commit hostilities upon
the subjects, citizens or properties of another foreign
prince or state, with whom the United States are at peace.
Both of those letters express the grounds of this provision.
To open afresh the disagreeable scenes of that day, is a
task which we did not expect ; after the disapprobation