dises 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 na-
tions, 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 vessels 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 na-
tions ; and that consequently those persons cannot be
taken from on board of such vessels unless they be military
436 AMERICAN
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
a>id atrocity unexampled in history, the National Conven-
tion 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,
1 7 78 ; that in fact it has been revoked by that of the 27th
cf 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 go-
vernment 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 affecta-
tion with which that cabinet continues daily to insult the
rights of nations, and to violate the neutrality of non-belli-
gerent powers in causing to be seized their vessels laden
with merchandises destined for France, the National Con-
vention enjoined by the 7th article of the law of the 13th
of this month all the agents of the Republick, all the com-
mandants 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 to
the world this grand act of honesty and justice and speedi-
ly to do away every pretext, which malevolence might
employ, either for obstructing or retarding its effect, or
STATE PAPERS. 437
perverting the same to the prejudice ofthe Republick — It
i> decreed,
Art. 1. The colonial and marine commissioners shall
notify, without delay, all the commandants ofthe naval
armies, divisions, squadrons, fleets or vessels, of the arti-
cle ofthe 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 ofthe committee of publick safety, of finances, and
of commerce and supplies, ofthe 25 Brumaire last (15th
November) which authorized the seizure of merchandises
belonging to enemy powers, until they should have de-
clared free and not seizable the French merchandises
laden on board of neutral vessels.
Art. 2. Merchandises, even of neutral nations, denomi-
nated contraband, or prohibited, shall continue to be
liable to seizure.
Art. 3. The articles comprised under the name of pro-
hibited 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 mer-
chandises, cbstined 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 —
Cambacercs,
Merlin, of Do way,
Car not,
Prieur, of the Marne.
Maree,
A* Dumout,
J. G. Chazal y
PeleL
The Commissioner of Foreign Affairs, A. F. Miot.
True copy, P. A. Adet.
438 â– AaiamcAs
No. 122.
The following is a Translation of the Fifth Article of the
Decree of c 25 Brumaire, alluded to in the foregoing, No-
vember \5, 1791.
Art. 5. The following are excepted from the prohibi-
tion in the preceding article [alluding to art. 4.]
1st. Merchandises belonging to powers enemies of the
French Republick, until these powers shall have declared
Tree 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 des-
tined 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 1th
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 compro-
mitted 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 ftaar, the liberty of their commerce.
3TA1H *-AfiiftS. 439
ui:t \ he outraged. I know therefore that it is the pro-
vince of their government alone to decide and to act, and
that that government would justly have reason to be hurt
at the representations of a foreign minister, from his in-
formation and the nature of things, on an object which
interested the American nation, or its government alone ;
but, sir, if at the present juncture the interests of the
United States are in question, those of France are also,
and I should betray my duty if I were for a moment «to
forget them.
It is not the first time that the English have given to
the world the scandalous spectacle of their contempt for
the rights of nations. It is not the first time that the
American government has had occasion to complain, and
has been apprehensive of seeing their neutrality compro-
mitted. So long ago as 1793, the cabinet of St. James-
ordered the arrestation and seizure of American vessels
laden for the ports of France. This conduct which vio-
lated every principle, and which injured the interests of
the Republick, obliging the convention to imitate it : but
its views were \cry different from those of the British
government, as by that means she sought to support,,
though indirectly, the rights of neutral nations ; she ought
to be entirely justified by the 5th article of the decree,
declaring that it shall cease to have effect, when the com-
bined powers shall have acknowledged, agreeably to the
law of nations, provisions, found on board of neutral ves-
sels, as not liable to seizure : Although the coalesced
powers are far from admitting these principles sacred to
every honest government, the national convention has not
thought proper longer to follow their example, and the
committee of publick safety has exhibited in its arret of
the fourteenth last Nivose, its love for justice and the
sentiments of France for the United States.
You know, sir, as well as I do, that the war, which-
exists between two powers, cannot alter in any manner
the rights of the United States, who wish to remain ai
peace ; and that their relations with those belligerent
powers are the same as before the -declaration of war.
These conditions constitute the state of neutrality. As
soon as the relations change — when one of the beiligerenv
powers is. more favoured than another by the state which
|eas not taken port in the war* the. neuttaJitv of (h^t s*af f '
440
%
ceases to exist. If therefore one of the belligerent state?
seeks to obtain from the neutral nation an advantage not
enjoyed by its enemy, the neutral state should, if she wish
to remain at peace, oppose its pretensions by all the
means in her power, or she should, in order to keep the
balance in equilibrium between both enemies, allow them
to participate in the same advantages if her interests per-
mit, otherwise that nation would discover a partiality,
which cannot accord with the state of neutrality. These
are evident truths, and are generally received.
Besides, in every war, neutral nations have armed in
defence of their neutrality — and we accordingly see at
the present moment, Sweden and Denmark uniting their
fleets for the purpose of protecting their commerce and
supporting their neutrality likewise did the United
States in 1793 strongly complain against the arrestation
of their vessels by the ships of war of the English. Per-
mit me, sir, to cite here, in support of this assertion, the
following lines from a letter of Mr. Jefferson to Mr.
Pinckney, dated the 7th September, 1793.
" This act, too, tends directly to draw us from the state
of peace, in which we are wishing to remain. It is an
essential character of neutrality, to furnish no aids (not
stipulated by treaty) to one party which we arc not equally
ready to furnish to the other. If we permit corn to be
sent to Great Britain and her friends, we are equally
bound to permit it to France. To restrain it would be a
partiality which might lead to war with France, and be-
tween restraining it ourselves, and permitting her enemies
to restrain it unrightfully, is no difference. She would
consider this as a mere pretext, of which she would not
be the dupe, and on what honourable ground could we
otherwise explain it ? Thus we should see ourselves
plunged by this unauthorized act of Great Britain into a
war, with which we meddle not, and which we wish to
avoid, if justice to all parties, and from all parties, will
enable us to avoid it. In the case, where we found our-
selves obliged, by treaty, to withhold from the enemies of
France the right of arming in our ports, we thought our-
selves in justice bound to withhold the same right from
France also, and we did it. Were we to withhold from
her supplies of provisions, we should in like manner, be
Ixwrid to withhold them from her ejiemie* also, and thus
STATE PATERS. 441
shut to ourselves all the ports of Europe, where corn is
in demand, or make ourselves parties in the war. This
is a dilemma, which Great Britain has no right to force
upon us, and for which no pretext can be found in any
part of our conduct. She may, indeed, feel the desire
of starving an enemy nation ; but she can have no right
of doing it at our loss, nor of making us the instrument
of it."
This quotation I conceive is the development of the
principles which I have laid down, and when it contains
the sentiments and opinion of the American government
itself, it would be unnecessary to enter into an ulterior
discussion.
It cannot now, therefore, be doubted by any man, who
will discard prejudices, love, hatred, and in a word all
the passions, which lead the judgment astray, that the
French Republick have a right to complain, if the Ameri-
can government suffer the English to interrupt the com-
mercial relations which exist between her ana the United
States : if by a perfidious condescension it permitted the
English to violate a right which it ought to defend for its
honour and its interest: if under the cloak of neutrality it
presented to England a poignard to cut the throat of its
faithful ally — if in fine, participating in the tyrannick and
homicidal rage of Great Britain, it concurred to plunge
the French people into the horrours of famine.
But I am convinced this will not be the case — the
American government is too much attached to the laws of
an exact neutrality — it knows too well that the cause of
freemen is interwoven with that of France, to allow the
English to usurp a right injurious to the interests of the
Republick.
It is under this conviction that I have written to yon
this letter, persuaded that it is perhaps superfluous to ad-
dress to you these reclamations. I do not doubt but that
the American government will prove to all Europe its-
intention of maintaining the most exact neutrality with
regard to the belligerent powers, that it will compel Eng-
land no longer to violate the rights of nations, and that it
will henceforward relieve France from the unpleasantness
of addressing new complaints on this subject.
Accept, sir. &c.
P, A. ADET.
VOB. IT. 5$
I4£ XME&XGAtf
No. 124.
TRANSLATION.
The Minister Plenipotentiary of the Repuhlick of France, near
the United States, to Mr. Pickering, Secretary of State of
the United States. Philadelphia, 9 Germinal, 4th year
of the Repuhlick, one and indivisible, {March 29, 1796,
6.S.)
Sir, — On the 7th Vindemiaire last, I had the honour of
writing to you, relative to the arrest of American vessels
laden with provisions for France. I flattered myself with
receiving from you an answer which might prove to my
government that the United States, faithful to the neutra-
lity which they have imposed on themselves, neglect no
means of repressing every infringement made on it by any
of the belligerent parties to the detriment of its enemy.
Near six months ago, I sent a copy of my representa-
tion to my government, and at the expiration of that term,
1 was under the necessity of informing it that I still ex-
pected a solution of this important object.
Now, sir, I complain upon a point infinitely more essen-
tial, and which does not to me appear susceptible of de-
lay : 1 mean the impressments exercised by the English on
board of x4merican vessels.
For some time each successive vessel arriving from the
colonies brings, in this respect, more frightful accounts
than the former, and I have just received from the vice
consul at Alexandria, a letter of 4th Germinal, relative to
the impressment used by the English ship Swan and the
frigate Success upon the crew of the brig Fair Columbian
from Alexandria, freighted on account of the English by
Messrs. Patterson and Taylor.
It is not then sufficient for the English to purchase a
number of vessels, which they load with all sorts of pro-
visions, to navigate their vessels under your flag, to carry
horses for remounting the cavalry, to enrol grooms for
this military service, but they must also take by force the
American crews in order to make them serve on board
their vessels of war, to the ruin of our colonies.
You must be sensible, sir, that simple and ordinary
measures are insufficient in such circumstances — we have
neither the right nor desire of interfering in your interior
.STATE PAPERS. 44.;
administration, but when hostilities are in question, France
may request an account of the measures you have taken
for putting a stop to them, and repairing the damage they
already have caused or may hereafter do.
Permit me, sir, to repeat to you, they should be prompt
and efficacious. Would representations to the court of
London, which in the course of six months perhaps might
put a stop to these odious attacks, if at the end of that
time they are no longer necessary, be sufficient in the
existing circumstances ?
The English division in the colonies is entirely recruited
by mariners taken from on board your vessels. It is by
their means that they block up the Republican ports, it is
to their succour we ought to attribute the loss of these
immense possessions, if the American government should
not take the step which the duty of neutrality dictates
to it. Accept, sir, &c.
P. A. ADET,
No. 125.
TRANSLATION.
The Minister Plenipotentiary of the French Rcpublick, near
the United States, to Mr. Pickering, Secretary of State
of the United States. Philadelphia, the 19 Germinal, 4tk
year of the French Republick, one and indivisible (the
8th April, 1796, O. S.)
Sir, — I have the honour to send you herein enclosed,
the letter which you requested on the 7th of April, in
favour of Mr. Henry Alexander, detained at Petit Goave.
I have still reason to hope that the former which I wrote
to general Rigaud on the 6th Pulviose last, will have the
effect desired by the family of the young man whose libe-
ration you claim.
Accept, sir, the assurance of my respect,
F P. A. ADET.
P. S. Permit me to remind you of my letters of 2 1st
and 25th Ventose, and 9th Germinal, to which I expect
your answer. P« &* A.
44^ AMERICAN
No. 126.
TRANSLATION.
The Minister Plenipotentiary of the French Repuolick, near
the United States, to Mr. Pickering, Secretary of State of
the United States. Philadelphia, the 1st Floreal, 4th year
of the French Republick, one arid indivisible (April 21,
1796, O.S.)
Sir, — I had the honour of writing to you on the 9th of
last month, relative to the impress exercised on board of
your vessels by the English.
The vice consul at Alexandria, announces to me the
return of Messrs. Evelitts and Scamman, captains of the
schooners Chloe, Anne and Industry, whose entire crews
have been impressed at the Mole.
Twenty-five vessels purchased by Mr. Cavan are still
in that port, and recent orders have been given to him for
expediting fifty more.
Mr. Kenna, captain of the schooner Free Mason, is also
arrived from Martinique, where he left twenty vessels,
whose crews as well as his own, have been forcibly car-
ried off.
I do not add a single reflection to my former letter.
Mr. Henry Alexander of Baltimore, in whose favour
you requested my intervention with general Rigaud, in-
forms me by a letter this moment received, that he is
restored to the affections of his family.
Accept, sir. the expression of my respect,
P. A. ADET.
No. 127.
TRANSLATION.
The Minister Plenipotentiary of the French Republick, near
the United States, to Mr. Pickering, Secretary of State of
the United States. Philadelphia, 22 Nivose, 4th year of
the French Republick, one and indivisible (the 1 2th Jan.
1796, O.S.)
Sir, — Letters from the French consuls at Baltimore,
Norfolk, and Alexandria, announce to me that the English
have purchased a great quantity of flour in Maryland and
STATE PAPER*. 445
Virginia, and that they have laden it on board American
vessels which they have likewise purchased. This flour
is destined to support the English army directed against
the French colonies. It is not without the most severe
chagrin, that 1 have observed the enemies of my country
drawing from yours means of subsistence, without which
they must have renounced every species of attempt, and
that I have found myself incapable of preventing them.
Indeed, who could arrest the exportation of this flour, if
not the government of the United States ? and if I had
solicited it of them, could I have calculated upon their
condescending to my request, when they would have re-
garded that condescension rather as a favour than as a
duty rising out of their neutrality ? But, sir, there is ano-
ther circumstance, upon which the letters from the consuls
leave me no doubt, and to which the laws which the Ame-
rican government have prescribed to itself for its neutrality
oblige it to pay attention. The vessels which the English
have purchased, are commanded and manned by American
seamen. If your fellow citizens are prohibited from serv-
ing in the cause of France, neither should they be per-
mitted to range themselves under the British flag — other-
wise the neutrality would be only a vain term, and a cer-
tain mean of assisting secretly, and without running any
risk, a power which no one would dare to aid openly.
There is also another object, sir, upon which I should
fix your attention. The consul at Norfolk informs me that
the English have caused to be purchased a great number
of horses in Virginia, and that even stables are establish-
ed near Norfolk for receiving them. These horses are
destined for the English cavalry, to be debarked at St.
Domingo, to attempt the conquest, and to endeavour to
bring about the ruin of that place. If France be inter-
ested in frustrating these projects, should not the United
States also, perhaps under certain relations, prevent the
execution of them ? Besides, their neutrality imposes on
them the obligation of arresting the exportation of horses,
which constitute the principal force of the English army.
The horses are contraband of war ; you are sensible of
ibis, sir, and no contraband of war can be furnished to a
power at war, without the other power having the right of
opposing it in any manner whatever.
446 AMERICAN
(So says Vattel, vol. 2. book 3. chap. 7. § 113, Amster-
dam edition, 1775.)
" The nation which makes war, has the greatest interest
in depriving its enemy of every foreign assistance, and
therefore has a right to regard, if not absolutely as ene-
mies, at least as people who care very little about injuring
them, those who carry to their enemy the things which
they require for war ; they punish them by confiscating
their merchandise. If the sovereign of the latter should
undertake to protect them, it would seem as though he
himself wished to furnish this kind of succour ; a step con-
trary to neutrality."
It is therefore "evident, sir, from this passage, that no
neutral government can protect contraband of war. But
would not the American government protect it, if it should
permit to be exported from its territory, horses destined
for the English army ? Indeed, sir, if after being informed
of the designs of the English, it could stop the exportation
of the horses which they have purchased, and did not do
it, it is evident that the omission would constitute a proof
of its consent and approbation. — And what difference is
there in this case between tolerating contraband and pro-
tecting it ?
It is useless, sir, to spin out this letter any further. T
think that the facts are so self evident, that I now flatter
myself with receiving a proof of that friendship of which
the United States have so often given assurances to the
Republick. Accept, sir, the assurances of my esteem,
P. A. ADET.
No. 128.
Mr. Pickering, Secretary of State, to Mr. Adet, Minister
Plenipotentiary of the French Republick. Department
of State, Jan. 20, 1796.
Sir,— On the 15th I received your letter of the 12th
instant, and laid the same before the President of the
United States.
The principle of an impartial neutrality, and the esta-
blished practice agreeably to the laws of nations, furnish
answers on the subjects you have been pleased to bring
into view.
STATE PAPERS. 44?
You admit, that with respect to the flour which the
" English have purchased in Maryland and Virginia," it
would be an act of " courtesy" in -the American govern-
ment to forbid its exportation. But such courtesy, you
must be sensible, would violate our duty as a neutral
power, and of course it cannot be rendered : the purchase
and exportation of flour to the dominions of the French
Republick having been, during the whole of the present