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cluded with Great Britain as a violation of the treaty made with France in 1778, and equivalent to a treaty of alliance with Great Britain ; and that justly offended at the conduct which the American government has held in this case, they have given him orders to suspend from this moment his ininisterial funătions with the federal government.
The same cause which for a long time prevented the Executive Directory from allowing their juft resentment to break forth, has also tempered its effects. Neither hatred, nor the defire of vengeance, rapidly succeed to friendship in the heart of a Frenchman; the name of America still excites sweet emotions in it, notwithstanding the wrongs of its government, and the Executive Directory with not to break with a people whom they love to salute with the appellation of friend.
The undersigned minister plenipotentiary therefore announces that the government of the United States, and the American people, are not to regard the suspension of his functions as a rupture between France and the United States, but as a mark of just discontent, which is to last until the government of the United States returns to sentiments and to measures more conformable to the interests of the alliance, and the sworn friendship between the two nations.
This alliance was always dear to Frenchmen; they have done every thing to tighten its bands; the government of the United States, on the contrary, has sought to break them. Scarcely hail the war broken out between France and England, when America was alone invited to the commerce of the Antilles. All the colonial ports were opened to her. Her vessels entered the ports of France without being subjected to higher duties than French vessels. When the English violated the freedom of the neutral flag, the Convention was obliged to use reprisals. They ordered that neutral vessels should be seized by the ships of the Republic: She excepted the Americans from this measure: forced against her inclination to make it bear on them also, she waited with impatience for the moment when she might return to a conduct more conformable to her sentiments for the United States. Soon she revoked her law relative to the arrest of their vessels. Soon also the committee of Public Safety gave orders to respect the American flag. In every circumstance France fought the means of proving to the United States the fincerity of her friendship. When the federal government complained of the conduct of one of the predecessors of the undersigned, the French government saw only the complaints of the government of the United States, and immediately gave the most striking reparation.
Let the annals of the French revolution be opened, let the minutes of that august sitting be seen, in which the National Con
vention received the minister of the United States into its bofom; the addresses were not studied ; they sprang from hearts full of affection for an allied people; they breathed the sentiments which dictated them; and the American minifter found himself in the midst of his friends. What joy did not the American flag inspire when it waved unfurled in the French fenate? Tender tears trickled from each eye; every one looked at it with amazement. There, said they, is the symbol of the independence of our American brethren--behold there the pledge of their liberty! May victory always attend it-May it lead to glory none but a free and happy people! These words, which escaped from a thousand mouths, were the expression of the sentiments of the whole nation. Was not an American to each Frenchinan another Frenchman?he was more he was a friend ; and that sacred name, amidst civil diffentions, was equally respected by all.
What then was done by the government? It put in question whether it should execute the treaties, or receive the agents of the rebel and proscribed princes (No. 6.); it made a proclamation of insidious neutrality; by its chicaneries it abandoned French privateers to its courts of justice; it eluded the amicable mediation of the Republic for breaking the chains of its citizens at Algiers. (No. 7.) Notwithstanding treaty ftipulations, it allowed to be arrested vessels of the state; it suffered England, by insulting its neutrality, to interrupt its commerce with France ; notwithstanding the faith of treaties, it gave an asylum to these same English, who, after having insulted her flag, pillaged her citizens, came also to brave the American people in its ports, and to take a station whence to cruize on a favourable opportunity against the French. It might be said that it applauded their audacity ; all submission to their will, it allowed the French colonies to be declared in a state of blockade, and its citizens interdicted the right of trading to them. (No. 8.) It eluded all the advances made by the Republic for renewing the treaties of commerce, upon a more favourable footing to both nations. (No. 9.) It excused itself, on the most frivolous pretexts, whilst it anticipated Great Britain, by foliciting a treaty in which, prostituting its neutrality, it facrificed France to her enemies; or rather looking upon her as obliterated from the chart of the world, it forgot the services that The had rendered it, and threw aside the duty of gratitude, as if ingratitude was a governmental duty.
Alas! time has not yet demolished the fortifications with which the English roughened this country--nor those the Americans raised for their defence; their half rounded summits still appear in every quarter, amidst plains, on the top of mountains. The traveller need not search for the ditch which served to encompass them; it is still open under his feet. Scattered ruins of houses laid waste, which the fire had partly respected, in order to leave monuments
of British fury, are still to be found. Men still exist, who can say, here a ferocious Englishman flaughtered my father ; there my wife tore her bleeding daughter from the hands of an unbridled Englishman. Alas! the soldiers who fell under the sword of the Britons are not yet reduced to dust: the labourer, in turning up his field, still draws from the bosom of the earth their whitened bones ; while the ploughman, with tears of tenderness and gratitude, ftill recolleets that his ficids, now covered with rich harvests, have been moistened with French blood; while every thing around the inhabitants of this country animates them to speak of the tyranny of Great Britain and of the generosity of Frenchmen: when England has declared a war of death to that nation, to avenge herself for its having cemented with its blood the independence of the United States. It was at this moment their government made a treaty of amity with their ancient tyrant, the implacable enemy of their ancient ally. O! Americans, covered with noble scars! O! you who have so often flown to death and to victory with French diers! You, who know those generous sentiments which distinguith the true warrior! Whose hearts have always vibrated with those of your companions in arms! Consult them to-day to know what they experience; recollect, at the same time, that if magnanimous souls with liveliness resent an affront, they also know how to forget one. Let your government return to itself, and you will still find in Frenchmen faithful friends and generous allies. Done at Philadelphia, the 25th Brumaire, 5th year of the French Republic, one and indivisible, (15th Nov. 1796, O. S.)
P. A. ADET.
Notes in support of the foregoing. (No. 1.) Vide letter from Citizen Genet to Mr. Jefferson of 220 June, 1793 ; message from the president, page 15 of the original French.
(No. 2.) Extract of the President's Speech to the House of Representatives, 30 December, 1793. --As soon as the war in Europe had embraced those powers with whom the United States have the most extensive relations, there was reason to apprehend that an extensive intercourse with them might be interrupted, and our disposition for peace drawn into question by the suspicions too often entertained by belligerent nations. It seemed therefore to be my duty to admonish our citizens of the confequences of a contraband trade, and of hostile acts to any of the parties; and to obtain, by a declaration of the existing legal itate of things, an easier admiflion of our right to the immunities belonging to our situation. Under these iinpressions the proclamation, which will be laid before you, was illued.
In this posture of affairs, both new and delicate, I resolved to adopt general rules, which should conform to the treaties, and affert the privilege of the United States. These were reduced into a system, which will be communicated to you. Although I have not thought myself at liberty to forbid the sale of the prizes, permitted by our treaty of commerce with France to be brought into our ports, I have not refused to cause them to be restored when they were taken within the protection of our territory, or by vessels commissioned or equipped in a warlike form within the limits of the United States.
It rests with the wisdom of Congress to correct, improve, or inforce this plan of protection ; and it will probably be found expedient to extend the legal code, and the jurisdiction of the courts of the United States to many cases, which, though dependent on principles already recognised, demand some further provision.
Where individuals fhall, within the United States, array them. selves in hostility against any of the powers at war, or enter upon military expeditions or enterprises within the jurisdiction of the United States, or usurp and exercise judicial authority within the United States, or where the penalties on violations of the law of nations may have been indistinctly marked, or are inadequate, these offences cannot receive too early and close an attention, and require prompt and decifive remedies.
Whatever those remedies may be, they will be well administered by the judiciary, who polless a long established course of investigation, effe&tual process, and officers in the habit of executing it.
(No. 3). The undersigned minister plenipotentiary having complained to the secretary of state that the attorney of the United States had caused the privateer La Vengeance to be arrested, without an affidavit or other authentic teftimony; on the 11th August, 1795, the secretary of state sent him an answer, which Mr. Troup had addressed to him, in the absence of Mr. Harrison, district attorney of New York, in which is this pallage
“As to the suit against the privateer, it was commenced by Mr. "Harrison, as attorney for the district, 'upon an official disclosure "to him, by the Spanish consul, of the evidence which led him " to suppose the privateer had been fitted out and armed within the “ United States. Mr. Harrison, upon receiving this disclosure “ felt himself called upon by considerations which, as a public " officer, he could not resist, to proceed against the privateer under " the 3d section of the act of Congress, intitled, An act in addi« tion to the act for the punishment of certain crimes against the "United States, passed June 5, 1794. This section works a ** forfeiture of the privateer, one half to the use of any person who
" thall give information of the offence, and the other half to the "ufe of the United States. No person having appeared in quality " of intormer to inftitute the suit, Mr. Harrison, according 10 " the course of the common law, filed an information in behalf of " the United States solely against the privateer, as you will per “ceive by the copy of the information already transmitted to you. “No law of the United States, and no law or usage of this state “ required the information to be founded upon any previous affi" davit or evidence of the truth of the matters alleged in it. The “ filing of an information is an act entirely in the discretion of the « oflicer intrusted by law with the power of doing it; and if he " thould abuse his power he stands upon the footing of all public “ otheers who are guilty of malvei faiion in oflice. In the present “inttanee Mr. Harrison has acted from the belt of his judgment “ upon the duty of his oflice, after officially obtaining informa“tion from a public officer, who conceived himself likewise bound “ by a sense of duty to communicate the information."
When the underligned minilter plenipotentiary renewed the charge on the 3d Vendemiaire, 4th year (24th Sept. 1795), to the fecretary of ttate, and itill complained that an affidavit was not required to cause a privateer to be arrested, he exprefled himself in these words:
“ But I again renew the affertion that an affidavit is not neceffary “ for the ordering the arrest of a vellcl." What is the law, what is the usage, which establishes the
prosecution for reparation of an oflince, before it be ascertained that it has been cominitted; and what certainty then had the attorney? His opinion! Upon what is it founded? The complaint of the Spanish agent, since there was not a single affidavit.
Now, sir, upon mere lulpicions, which the enemy interest will not fail always to bring forward, the French privateers are to be fubjected to fcizure! Such a measure tends to nothing less than to paralize the 17th article of our treaty.
I he fecretary of Itate, in reply, lent to the underligned minister plenipotentiary the copy of a letter from Mr. Harrison, of the 3d Oaober, 1795, in which is this remarkable pallage--" In this “ whole bulinets, however, I have undoubtedly acted from my “ own opinion, founded upon such evidence as came to my know“ ledge; and as in fimilar cales I mult neceffarily, in the firt " instance, be unacquainted with the opinions and convictions of "others, I know of no other rule by which I can be guided, unles, “ u ben 1 com bonoured uith the directions of the chief executive ma“ gijurate."
The secretary of state thus closes his letter on the 16th of October, covering that of Mr. Harrison--
“ You will perecive, that whatever may be the event of the suits “pending in court concerning her (the privateer Jand her prize, the