of war and their officers are not liable to process of our
courts predicated upon such capture and bringing into
port ; that particularly the jurisdiction of such causes does
not belong to the district courts of the United States ; that
for such capture and bringing into their own ports, of neu-
tral ships, to answer for any breach of the law of nations
concerning the navigation of neutrals, the said vessels of
war and their officers are only accountable to the sove-
reign under whose authority their commission is held ; that
on the 20th May, 1795, Samuel B. Davis was a lieutenant
of ships in the French navy and commander of the corvette
called the Cassius, having a lawful commission ; that James
Yard of the city of Philadelphia merchant had caused the
said Davis and the said corvette to be arrested to answer
to his libel against them filed in the district court of the
United States for the district of Pennsylvania, in which he
alleged, that on the said 20th of May, the said Davis, with
the said corvette and as her commander, had captured on
the high seas a schooner belonging to the said Yard, rail-
ed the William Lindsay, and carried her to Port de Paix
where she then remained 5 that the Cassius had been ori-
ginally equipped for war in the port of Philadelphia, and
that Davis, at the time of said capture, and then, was a citi-
zen of the United States, but without alleging, that the said
capture had been made within a marine league of the coast
of the United States, or that the Cassius had been equip-
ped for war in the United States with the privity of the
French Ptepublick, or by the said Davis, or that at the
time of her being so equipped (if she ever was) she was
the property of the Republick, or that the said Davis was
any how concerned in such equipment, and without alleg-
ing that he was retained in the service of the Republick
within the jurisdiction of the United States : the writ
therefore prohibits the judge from further proceedings and
commands him to release said Davis and the Cassius with-
out delay. It is tested on the 24th August, 1 79.5.
424 AMERICAN
No. 107.
Suggestion of the Attorney of the United States for the Penn*
syhania 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 afore-
said, 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 Rc-
publick, 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 Rcpublick,
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 be-
longing 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 dis-
charged 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 da-
mages as the court may adjudge for her said wrongful
arrest and attachment.
And the aforesaid Samuel B. Davis by force of the pro-
cess of this honourable court in the said court bein^, and
STATE PAPERS* 42i
DOl acknowledging the jurisdiction thereof in the instance
no* p( nding, exhibits to this honourable court with all due
respect a certificate under the hand of citizen Adet, minis-
ter plenipotentiary of the French Republick to the United
States, dated the l 27th Thcrmidor, to wit, the 14th of Au-
gust, instant, certifying that the said corvette the Cassius
is a vessel of war of the French Republick, and that the
â– aid Samuel B. Davis is a commissioned olhcer in the na-
vy 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 23th of April following, directed to him the said
Samuel B. Davis, lieutenant in the navy of France, com-
mander 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
Republick, 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 con-
tained 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 Re-
publick, to Mr. Randolph, Secretary of State of the United
States. Philadelphia, 16th Prairial, 2d year of the
French Mepublick, 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 sea-
voir, jr. 54
42«J AMERICAN
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 b}- 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 re-
spect 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. Ac-
cept 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.
STATE PAPERS. 4 2 t
Your other letter of the 4th of June is a powerful de-
monstration of the interest, which the Republick of France!
takes in our welfare. 1 will frankly communicate to you
oi. p 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,
alter the rising of Congress some new arrangements will
probably be adopted by the Executive; it will be bettei
perhaps to postpone our interview on this matter until the
intelligence which you farther expect, shall arrive. 1
have the honour, sir, to be, &e.
EDM. RANDOLPH.
No. 110.
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 Republic/*", 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
Fiance 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. Re pleas-
ed to assure the President, that 1 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 happi-
ness of both. Accept, &c.
P. A. ADET.
No. 111.
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 pub lick safety of
the National Convention, charged by the law of the 1th
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 eon-
42$ Ax¥£RlCAN
vention, and of a new commercial treaty, and he shall
communicate his negotiation on this subject to the commit-
tee 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
tipon 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 exe-
cution of this treaty."
True extract from my original instructions.
Philadelphia, the 1 2th Messidor, 3d year of the French
Re publick.
The minister of the French Republick near the United
States of America. P. A. ADET.
No. 112.
Mr. Randolph, Secretary of State, to Mr. Met, Minister
Plenipotentiary of the French Republick. Department of
State, July 1, 1795.
Sir, — I had the honour of receiving your letter of yes-
terday, covering an extract from your instructions, relative
to a new treaty of commerce, and a new consular convene
lion. Even before wc 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 hesi-
tate 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.
1 must also beg the favour of you to communicate to me
the dates of those decrees, to which your instructions re-
fer. 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
vi business, that when you give the dates of the French
STATE PATERS. 429
calendar, you will be so obliging as to add the date? of
our own. Experience has shown that mistakes and delays
have arisen in our office from the want of familiarity with
the French calendar.
I have the honour to be, &c.
EDM. RANDOLPH.
No. 113.
Mr. Randolph, Secretary of State, to Mr. Met, Minister
Plenipotentiary of the French Republick. Department of
State, July 12, 1795.
Sir, — It is with great reluctance that I trouble you so
often upon the same subject. I cannot entertain a doubt,
that, but for your indisposition, you would before now have
answered my letter, on the new negotiation, as you were
obliging enough to promise me in conversation several
times. " But the President intending to leave this city
on Tuesday morning, and it being requisite, as I have had
the honour of stating to you, that I should receive his in-
structions before his departure, I will thank you to enable
me to present to him the subject of our negotiation as fully
as your overtures will permit. If I discover some anxiety,
I beg you to impute it to the hope that this business will
result in our mutual honour, by proving that, while we each
labour for the interest of our respective nations, we can
promote the prosperity of both.
T have the honour to be, &c.
EDM. RANDOLPH.
No. 114.
TRANSLATION.
24th Messidor, 3d Republican year, July 12, 1795, O. S.
P. A. Adet presents his compliments to Mr. Randolph,
and sends him the letter which he should have addressed
to him some days ago, if the fever he is afflicted with had
permitted him to attend to business. Mr. Randolph will
find with that letter a part of P. A. Adet's instructions rela-
tive to the articles of the treaty which the French govern-
430 AMERICAN
ment has instructed him to stipulate positively — the other
articles, founded on reciprocal advantages, are left to the
course of the negotiation which is to establish them.
P. A. Adet will have the honour of seeing Mr. Randolph
as soon as his health will permit.
No. 115.
TRANSLATION.
The Minister Plenipotentiary of the French Republick, near
the United States of America, to Mr. Randolph, Secretary
of State of the United States. 20/A Messidor, 3d year of
the French Republick* one and indivisible, (8th July,
1795, O. S.)
Sir, — I have received the letter you did me the honour
to write to me dated the 1st July. 1 have never doubted
the attachment of the United States for the French Repub-
lick, and the reply you made to my letter of the 30th June
is a proof of it. You request of me, in that letter, some in-
formation, which I hasten to give you.
I neither know nor possess any other decree relative to
the new negotiation to he opened between France and
febe United States than that of the *5th of February, 1793,
communicated to you by citizen Genet ; and as it must be
in the office of your department. I conceive it will be use-
less for me to send it.
My instructions empower me to prepare the plans of a
new consular convention, and of a new commercial treaty.
After my government and that of the United States shall
have approved of the plans, the sending of full powers for
the signature is but a formality which is easily fulfilled.
This step appeared proper, to avoid a number of inconve-
niences at the time of the ratification of the treaty.
I will fulfil the desire expressed in the last paragraph
of your letter, and shall take care to add in all my des-
patches the date of your calendar to that of the French.
Accept, sir, &c.
P. A. ADET.
- {THis should have been in.
- i I IT. PAIBRS. I I I
No. 11(3.
TRANSLATION.
Extract from the Instructions given by the French Govern-
m< nt to Citizen Adet,
The minister plenipotentiary shall stipulate positively
and without reserve the reciprocal exemption from the
tonnage duty so necessary to our mercantile marine. This
exemption, implicitly assured in the ports of the United
by the 4th and 5th articles of our commercial treaty,
â– ver been executed therein, and since the organiza-
tion of their customs a very burdensome tonnage duty has
been rigorously exacted on our merchant vessels: even in
17 severity and an injustice were used, which the
Ana irican government should no! have suffered- But the
respective naturalization of the French and American citi-
: desired by the French
I, will facilitate this stipulation of a reciprocal ex-
emption from tonn render it less ive to the
powers who, in virtue of treaties, might claim a participa-
tion in the same advantages : As the casus federis would by
this stipulation be changed in this respect.
No. 117.
From the Secretary of State, to Mr. Adtt, Minister Plenipo-
tentiary of the French Republick. Department of State.
July 13, 1795.
Sir, — I understand by the letter which I had the ho-
nour of receiving from you in the evening of yesterday,
that " your instructions give you power only to prepare
the draught of a new consular convention, and a new
treaty of commerce.'" Notwithstanding the formality of
this procedure, the President of the United States ha. e
directed me to meet you.
But I am prevented, sir, from proposing to you a time,
place, and arrangement i'-r: our conversations, by a fear of
incommoding you in your present indisposition. Permit
me therefore to expect, that as soon as your health will
smfFeryou to attend to this subject, you will be so good as"
to inform me. J have the honour to be, &c.
E.DM. RANDOLPH,
432 AMERICAN
No. 118.
J\Ir. Randolph, Secretary of Stale, to Mr. Adet, Minister
Plenipotentiary of the French Repnblick. Department
of State, July 16, 1795.
Sir, — After acknowledging your letter of the 1 4th inst.*
which I had the honour of receiving yesterday, I take the
liberty of proposing the following plan of procedure in the
discussions now commencing between us.
As you are not clothed with any very formal authority
upon this subject, the President of the United States has
thought it proper to place me upon the same and no other
footing. Hence we are both to be considered as commit-
tees, delivering our own sentiments to each other, and after
comparing them, reporting our opinions to our respective
governments ; which by these means will remain mutually
uncompromitted, until the system is modified so as to meet
their approbation.
So various and weighty is the business which now pres-
ses upon my attention, that I could not rely upon my own
memory, nor upon my own accuracy, were not the inter-
change of our thoughts to be made on paper. I beg leave,
therefore, to suggest, that we conduct the discussion in this
way, except when it shall appear to either of us more ex-
pedient to have an interview on some particular difficulty.
Our letters shall constitute no part of a formal report to
our governments ; and shall be liable to be recalled, or
changed, as each party pleases ; unless on the close of
the transaction we shall agree to annex them to any draught
which may be prepared.
Assuring you, then, that no unnecessary procrastination
shall be found in me, I submit to your consideration this
arrangement : 1st. That you state the parts of the subsist-
ing treaty which you wish to be abolished : 2d. Those parts
which you wish to be corrected : and 3d. any additions
which seem to you desirable. These may be examined
either separately or conjointly, as shall be most agreeable
to you ; and if you prefer stating one class at a time, I shall
* This letter of the 14th, has no relation to the proposed negotiation.
STATE PATERS.
not object. Indeed if any other arrangement shall strike
you more favourably, I have too little predilection for my
own, to hesitate at the adoption of a better.
This transaction is so momentous, that too much time
cannot be well spent upon it ; and it will facilitate my other
duties conld I enter into it so early as to afford lull oppor-
tunity for reflection.
I have the honour to be, &c.
EDMUND RANDOLPH.
No. 119.
TRANSLATION.
The Minister Plenipotentiary of the French Republick, near^
the United States, to Mr. Randolph, Secretary of State of
the United States. Philadelphia, 2c? Mcssidor, 3d year
of the French Republick, one and indivisible, 20th June,
1795.
Sir, — On the 6th, I received the letter of that date
which you addressed to me, in answer to the observations
I made to you on the treaty proposed between the United
States and Great Britain. I should have replied to yotf
sooner, had not my health, which has always been unsta-
ble since my arrival in this country, obliged me. to abstain
from business for upwards of fifteen days — I shall trans-
mit it to the French government together with my obser-
vations and the treaty. In such important circumstances,
it is exclusively the province of my government to judge,
and I cannot permit myself to decide at all.
In a few days I shall have the honour of seeing you, and
of taking the necessary measures in order to commence
the business relative to the digesting of the new treaty,
and new consular convention.
Accept, sir, &c.
P, A. AJ)ET.
vok. it. <55
*o4 AMERICAN
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, Sd
year of the French Republick, one and indivisible, (14th
July, 1795, O. S.)
Sir, — I have the honour to transmit to you an officia?
decree of the committee ofpublick safety of the 14th Ni-
vose, in the 3d year of the French Republick, which you
have seen in the newspapers, and which you communicat-
ed 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
five this striking mark of her fidelitj^. Victorious France
nows 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 nearyour government, I esteem myself happy in hav-
ing the superintendenceof- the execution of these measures
of justice ; and if, contrary to my expectation, they should
experience any violations bv the vessels which come near
STATE PAPERS. loo
your latitudes, you will sec me anticipate your complaints
l>\ honestly probing them to the bottom, ami redressing
them with a zeal equal to that with which you might be
animated yourself,
Accept, sir, &c,
No. 121.
TRANSLATION,
P. A. ADET,
Extract from the Register of the Decrees of the Committee
of Publick Safetij 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 Gth 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 merchan-