The gazette. [volume] (Portland, Me.) 1798-1799, 1798-07-02

two republics, IT is hoped, will not fail 10 con
vince you that theyProceed from the mott perfect
| conviction Of their iuHce.-You contend, citizen
miniter, that the priority Of III. complaint IS on
the flee cf France, and thai thole meaflres which
have 70 iojured and oppredeI ,he people of the
United States, have teen produced By HE prsyi.
Gus condu9 Of their government
70 this the undersigned viii now only Oh
ferve, that if France can JULY complain of ary
act OF the government of the u. S. whether
that act lie prior or lubftquent to Tie wrongs
received by that government, a difpotition and
a with 70 90 in The cafe what juAice and friend
hip may require, is openly avOweI, and will
| continue to Be manifested.
Your complaints aga.nR the United Sta.es
may be claGel under three heads
IT. The inexecuion Of their treaties with
France.
IDLY. The treaty of ami,y, commerce and
navigation formed with Great Britain.
3dly. The conduit Of th-ir government fince
that treaty.
If the undersigned fball be disappointed in
their hope to convince you, that on no one cf
thele points can their government be iuft'y III
cupaed, yet they Perluadc hemf.lves lha5 The
damOEhration Of Tie good faith and upri hi
intention with which it has ever AGED, viii
be complete and iatsfIaory. This being
proved, and tender Of compe Eltion fcr any
rninteationfl wrong being made, a bafe far
accommodation is offered, which We mutt vet
hope will b. acceptable 10 France
m. The inexecu.ion Of the treaties between
the United Sta-es and Fran e.
In 'er this head you complain, irf-that
from the conmencem nj of the war, American
tribunals have in eF-6t, pretended to the right
OF taking cognizance Of the validity Of prizes
bCOug ( into the Ports cf tie United State;.
IDLY That aglinit th- textual fea(e Of the
treaty, the government has permitted the hips
Of the enemy TO come into their ports, after
having captured property Or vcG.s belonging
u Fench citizens.
3dly. That i has ordered the arref of a
national corvette anchored IN the Port Of Phla-
delPhia and that the arrefa,on has extended to
the captain commandant.
Athly. The returl to provide the means Il
execute the C0niular Convention.
Thete complaints fhall be conGdered in the
order in which they are made.
III. From the commencement Of the war, Il,
American tribunals have in efTe6 pretended y
the right Of taxing cognizInce Of the validity Of
prizes brought into the ports Of the II. States
by French CRITTERS.
You have not been pleaicd TO f}ate cafe il
which this right has been aferted, and the M
derGgned are Periuaded that no fuch cafe exits.
Far from agerting il, the government OF
America has expressly d1cllmed it. Mr.. Tef.
telon, the then lecretary Of ate, il his letter 10
Mr. Morris Of The 9th of AuguR 1903, which
letter was laid before the French government,
declares that the United States do not pre-
tend any right TO try the validity Of captures
made on the bigb Jfar BY France, or any other
nation, on its eocmies.
Thele queAions belong Of common uage, 70
the fovercign Of the caPtor, and whenever it is
necehaIy to determine them, reiort NUT be
had 70 his courts. This is the cafe provided
for in the 18Th article Of the treaty which riys,
that iuch prizes ihall not be arreRed, nor cogni-
zance taken of the validity thereof a Ripula-
lion much iaGlcd on by Mr.. Genet and the
cOnluis, and which We never thought Of inniug
ing or quetioning.
Mr. Randolph the fucceGor Of Mr. JoF-rfon,
in Iii, letter to MIR. Fauchat of the 10th MAY
1895 Jays, as to prizes made by legal cruil-
ers on The bg6 faJ, i never was the intention Of
the Prefdent 70 irtcrpofc, he having ATTAINED
(as the 18th article Of our treaty Ct commerce
imPorts) from examining into their lawfulnels."
Mr.. Monroe in lis letter to your predeceTo.
Of the 18th March 1876, nys you will obferve
| admit he principle, if a prize was taken
upon the high ieas, and By priVateer fitted out
within the republic or It's COMMONS, that in flch
cafe our courts have no right to take cogn
zance Of its validity But Is any cafe Of his
kind alledged P.ellme none IS or can Be
hewn."
But the United States have deemed It ar
nd.lpenfthle duty 10 prevent, 70 far as they
could prevent, The Pradcc Of hoGirty againa
nations with whom they we're al peace, within
their own limits, or by Privateers fitted our in
| their own ports.
For The reafoning If lher covernment in