The Mirror — Concord, N.H., 1799-03-04 00:00:00, page 2

toeafterwards not only braved the au
thority of the Confui, but Served to de
bauch other crews. It has often been
Sufficient for them to go froth one port to
the nearest neighbouring port, to be se
cure from all pursuit. The Consul being
no longer able to produce the roll with
tease, at not having it in his power to de
tach it from the vessel, where it Should
remain, is no longer admitted to make a
claim. He in vain produces a copy of
the roll made in chancery and duly au
thenticaed; no faith is ascribed to it,
notwithstanding the tenor of the ift par
agraph of the sth article of the Conven
tion i it is maintained that the original
roll is necefiry ; and thus the spirit of
in Important Stipulation is destroyed, by
fe ambiguity attributed to the letter,
it would oe requisite to declare, " that
by regiftter or (hip's roll, not only the o
riginal is understood, but every authen
tic copy or extraa certified to be confor
mable to the original, by a Judge of the
Country, before the departure of the ves
sel, and that this extrad or copy Shall
have, in all the ports of the reflective
powers, the fame force with the original,
tor three months."
Paris, 9 Meffidor, 6th year.
The Minifar of Exterior Relations.
(Signed) CH. MAU. TALLEYRAND.
[No. 20.] ,
Mr. Gerry, to the Minister of For
eign relations of the French Re
public.
Paris, July 2, '9B.
I have received, Citizen Min
ister on the xith, your letter of
the 9th Meffidor (27th of June ;)
but without an answer to mine of
the 25th of June, or the docu
meoti therein demanded for my
voyage to America.— You fay
“ they have lurnifhed you from
the U. States with the most clear
proofs, foppo/ted even by arrives
extruded from the American pa
pers, of the knowledge which they
bad there before Germinal [2oth
of March] of the objections of the
exesurite directory to any nego
tiation wfrb two of the Envoys,
ad of its formal desire to treat I
This me." Admitting this, it
does not prove to my mind, that
the Prtfideot of the United States
had received official Communica
tions and concealed them ; but it
is a convincing proof, that the in
formation of these fa&s must have
been sept from hence to the Unit
ed States, when fecrecg refpeaing
them, imposed on me previously
to their communication, was stren
uously insisted on.
You have made what you con
fider a generous propofittoo, that
our communications ffiould not
be tinged with any more recrimi
nations , is the subsequent part of
your letter altogether free from
them ? My silence on the abuse
offered to the Government of the
United States, its Envoys in gen
eral, and myfelf in particular, in
an anonymous, but apparently of
ficial publication of the 7th of
June, must afford you unequivo
cal evidence that I bad already a
dopted the measure you have pro
posed.
It is inconceivable to me, that
being withoui powers to negotiate,
my return to the United States,
after such long notice, can be
fappofed in any degree to close
thedoor to subsequent steps for a
reconciliation.—The door has el»
ways been, and still is open, on
the part of the Government of the
United States. It is impossible
for any Government to exceed it,
in the moderation and justice of
Its meafores towards France, or in
its perseverance and patience to
execute them, but it having failed
in two attempts, will not France
mike one effort to obtain # recon-
ciliation between the two Repub
lics ? Coofider the di(agreeable
predicament io which the Govern
ment of the United States has
been involuntarily placed, and it is
conceived you cannot fail to fee
the propriety and policy of this
measure.
I have, in my left letter, stated
to you truly whit 1 conceived as
well as understood between ui; re
fpeaing my return to the United
S. with the overtures of France,
and her fending a Minister there
to complete the negotiation. How
we could mifonderttand each oth
er on these points is to me incom
prehensible. Be this as it may,
it is not very material who is to
be the bearer of the propofitioni,
if they are such as can be accepted
by the United States.
You enquire, whether I am not
come to establish friend(hip be
tween the two Republics, and de
termined to spare no pains to at
tain this definable objed ? Judge,
yourfelvet, Citizen Mioifter, whe
ther I have not faithfully difeharg
ed my duty in this reffe&. ,
You tik, whether 1 am not au
thorized to treat feparrely ? Had
my colleagues reliquifhed their
office, been recalled, or by phyfr
cal means been disqualified to aft,
my powers would have been ade
quate to a Separate negociation,
and I would have entered 00 it
without delay. As matters are
circumstanced, I have no such
powers. You differ from me in
opinion on this fubjed, but I must
abide by my own judgment.
You deciare that France, supe
rior to ail resentment, and only
listening to justice, manifefts' a
zeal to conclude a creaty blid and
mutually fatisfaaory! Be assured,
Citizen Mioifter, that the United
Stun win with ardor meet such a
disposition 00 the part of France $
and that it cannot fail of foccefr,
if accompanied with a fufpenfioo
of the long and ruinous depreda
tions on our commerce, and with
proper arrangements for a negocia
tion,'
In my left letter you will per
ceive, that having particularly re
ferred to the mode adopted by
the United States with other na
tions, I could only allude to that
of deciding by commissioners, dis
putes which could not be adjusted
by dired means. You have mis
conceived my intention,if you sup
posed it extended to the eventual
arbitration of a third powers
My frequent applications for a
passport, letter of fafe conduct for
the vessel, and her exemption
from the embargo at Havre, have
been altogether unnoticed. 1 hope
you will not by the continuance of
this unofuil mode of conduct, ren
der an explanation of it immc
diately necessary.
Accept, Citizen Minister, the affor.
ance of my perfaa rcfyea.
(Signed) E. GERRY.
r„fo Minister of foreign affair,
ts& French Re,nbhe. O
, . .
[No. 21.1
(TRANSLATION.)
lite Mheifter of Exterior Relatto of the
Frank Republic, te Mr. Gerry, Eave, rs
tbe United States. ^J,
Paris, 18 Meffidor, 6tb ,ear of the
French Republic, (Jul, 6, '98.)
I have received, Sir, your answer of
the 13th of ibis month, to my letter of
the 9th. I will not conceal from you,
that this kind of correspondence gives
me the more pain as it injures the prog
ress of our bafinefs.
It is clear that before Germinal (before
the 2ift March) the intentions of the
Executive Directory could not be known
at Philadelphia, but by communication
from Paris ; but I attest, thit they did
not proceed either from the French Go
vernment, or its agents, or from any one
whatever to my knowledge.
In the mean time, let us adroit the
gratuitous supposition that you make up
on this fubjed. Is it therefore less true,
that my overtures to treat with you were
known in the United States, when it was
there declared, that France tefufed all
negotiation ?
You tell me, that the United States
having been twice baffled in their at
temple, it belongs t® France to make an
effort in order to effed a reconciliation
between the two republics.—What name
therefore do you give to the indefatiga
ble zeal which I maaifeft to smooth all
the difficulties and bring about an hon
ourable accommodation ? It is a genu
ine effort, Sir, the merit of which might
be better appreciated. What, on the
other hand, are the two attempts of the
United States ? I know of no other
mission on their part, in consequence of
the declaration made at Philadelphia, on
the z§th of Brumaire, sth year (Nov. 15,
1796) than that confined jointly and sep
arately to Messrs. Pinckney, Marshall,
and yourfelf. I will not retrace the
causes which have prevented the En
voys colleaively from attaining the most
complete success ; but I will affirm that
they are foreign to the French Govern
ment, and that in any state of the cause,
it depends upon you to fulfil the expeda
tion of the two countries.
You deny, Sir, that there was some
generosity on my part in proposing to
you to banish hereafter, from our com
munications, all useless episodes, and ts
pecially no longer to give a place in them
to recriminations- This is another epi
fade ; but fioce you force me to it, it is
necessary that I should explain myfelf
more fully. If now and then some an
onymous publications, of a nature disa
greeable to the American government,
have crept into the French papers, it
would not become it to complain. For
a long time, certain papers of the United
States, the Editor of one of which is the
printer of the Senate, daily spread 2-
broad the most atrocious calumnies, the
most injurious infinuatiens, the most
base refbdions upon the French people,
their iuftitutions, their government,
their legislators, the heads of their Exe
cutive, their ministers, their agents, their
glorious defenders. Yes, those fame
warriors, who refyea their enemies, re
iceived the most ignominious appellations
among a friendly people for whom many
have combatted. Nay, more; within
the very walls of the National Reprefen
ration of the United States, how many
deeply insulting speeches have been and
yet are delivered. Nothing is spared in
order to endeavour to degrade the French
Republic in the opinion of the American
people ; and the silence of your Govern
ment leaves an open field to this torrent
of invedives, whilst scarcely now and
then a word of reply escapes, notwith
standing our vigilance, from the indig
nation of some French citizen. Is it not
repeated in the United States, that the
Executive Diredory repels negotiations
in order to wait an opportunity of carry,
ing the war there ? This odious assertion
has been credited ; and your Govern
ment, which ought to know that such a
thought was never conceived, oppofeb no
corredive to the impression which it is
calculated to make. Whatever may
be your opinion of it, Sir, it is generous
to ftifle all the sentiments which arise in
abundance on reading; your public pa
pers, and even the debates of your Le
gislature upon the fobjed of France.
And yet until the two Governments (hall
be so far reconciled as to concert the
means of remedying these abuses, it is
expedient that those who are to treat up
Am the interest of the two nations adopt
a conciliatory language, and hereafter
avoid what may give rife to painful recol
leaions. 1 repeat to you, that it is my
desire ; that I frill set the example ; that
I am impatient to abjure reproaches ;
and that I insist that this point may be -
well understood.
This is the left time I (hall yield to
these digressions, qhich ought to be as
disagreeable toyou as they are to me.
You have not transmitted to me any
opinion, Sir, upon the note annexed to
my letter of the 9th of this month. I
have delayed until now fending you the
following ones. I flatter myfelf that the
long conference which I have had with
you, will have produced some modifica
tion of the resolution in which you might
appear to persevere. I therefore recom
mend to your attention two frefh notes,
one upon the twelfth article, and the 0-
ther upon the fifteenth article of the con-
vention of the 14th November, 1788,
They contain every thing which it is im
portant to explain at present, in relation
to this aft. We will immediately after
proceed to the treaties of February,
1778.— You desired that I might fend
you some propefitions. I did to on the
30th Prairial (iß<h June) and you should
have had them foooer, had it not been
for the incident which has happened. I
have therein traced the plan of the nego
tiation. I have therein pointed out gen
erally the intentions of France. I have
therein entered into an engagement to
difeufs every proper fubjea; 1 have as
sured you, that the Executive Diredory
would render to the United States that
justice which it expeas itfelf : J have ex
cluded nothing which we can suggest oil
either fide, to strengthen still more the
good understanding between our two
Republics.
But it is not enough to transmit these
propositions to your Government ; th„
are only the foundation of the necessary
difeuffions upon every question of detail
of which we ought .to find the Solution.
The reconciling of the different points
upon which we will have fixed our ideas,
will form the a& to be drawn up. Ido
not think that we could come to conclu
sions in any other manner. It even ap
pears to me, that there will be an evi
dent lots of time, if in the State of things,
this difeoffion is adjourned. I have al
ready given you to understand, that it
would be inconvenient to give it in
charge to a Minister Plenipotentiary at
Philadelphia. Circoroftances have ren
dered this inconvenience more impor
tant, and I will not conceal from you
that I Should fear frelh incidents.
I therefore urge you more pielEngly
than ever, Sir, whilst I refer to what I
hale already written to you 00 this fub
jett, to postpone your departure, and to
attend quickly to the discussions which I
urge. Iknow that you are not of the
fame opinion with me with refpe& to
the validity of you full powers ; but re
flea, that in anv case, you can in noth
ing bind your Government, which has
reserved the right of ratifying.
I will add, that in the Situation in
which you ftaod, it is nontrary to all u
sage to depart, without cotityfog that
you have received an order therefor ;
that the ufageon the contrary is, when
a doubt is railed upon the full powers,
the Envoy waits the decision of bis Gov
ernment, without breaking off the nego
ciation.
Receive, Sir, the assurance of my per
fea consideration.
(Signed) CH. MAU. TALLEYRAND.
(TRANSLATION.)
Exterior Relations.
Note open the 12th article of the Caroentien
between France and the United States; of
the 14th November, 1788.
This article has been executed in
France in its literal meaning, and in its
implicit meaning : That is to fay, that
all the differences between the citizen#
of the United States in France, have
been left to the decision of their Consuls,
and that the sentences of the latter have
been executed, when coercion was neces
sary, in the fame manner and by the
fame officers of justice as the sentences of
the French Tribunals.
Nothing has been changed, in this re
fpea, Since the establishment of the Re
publican form of Government, notwith
standing the jealousy which is peculiar to
it, and which the judiciary authorities of
every country pefftfs in general.
It has been judged, as to the literal
meaning, that the jurifdiaion given to
the Consuls of the United States ever
their countrymen, was not in any refpe&
optional. The 12th article does net de
clare in effea that all the differences may
be determined, &c. which would imply
only a power in persons of the nation to
sue before their Consuls, and a power in
the latter to admit or decline.—lt de
clares formally that all differences Shall
be determined,&c. which implies a recip
rocal obligation upon the persons of the
nation and their Consuls. This obliga
tion is coofirmed by the last paragraph,
which pronounces an absolute interdic
tion upon the territorial officers, civil or
military ,to interfere in any manner what
ever, and consequently obliges the per
fobs of the nation to apply to their Con
suls, and the Consuls to decide their dif
ferences.
It has been judged, as to the implied
meining, that the Stipulation being ex
press, mutual and guaranteed by the
public faith, included within it the en
gagement to give it effefl. It would
have been ridiculous to put the citizens
of the United States in France under the
neerffity of referring exclusively their
differences to their Consuls, and the me-