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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 cafe, they have given him orders to fufpend from this moment his ministerial functions with the federal government.

The fame cause which for a long time prevented the Executive Directory from allowing their just resentment to break forth, has alfo tempered its effects. Neither hatred, nor the defire of vengeance, rapidly fucceed to friendship in the heart of a Frenchman; the name of America ftill excites fweet emotions in it, notwithftanding the wrongs of its government, and the Executive Directory with not to break with a people whom they love to falute with the appellation of friend.

The underfigned minifter plenipotentiary therefore announces that the government of the United States, and the American people, are not to regard the fufpenfion of his functions as a rupture between France and the United States, but as a mark of juft difcontent, which is to laft until the government of the United States returns to fentiments 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 fought to break them. Scarcely had 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 veffels entered the ports of France without being fubjected to higher duties than French veffels. When the English violated the freedom of the neutral flag, the Convention was obliged to use reprifals. They ordered that neutral veffels fhould be feized by the fhips of the Republic: She excepted the Americans from this measure: forced against her inclination to make it bear on them also, fhe waited with impatience for the moment when the might return to a conduct more conformable to her sentiments for the United States. Soon fhe revoked her law relative to the arreft of their veffels. Soon alfo the committee of Public Safety gave orders to refpect the American flag. In every circumftance 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 predeceffors of the undersigned, the French government faw 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 auguft fitting be seen, in which the National Con

vention

vention received the minifter of the United States into its bofom; the addreffes were not ftudied; they sprang from hearts full of affection for an allied people; they breathed the fentiments which dictated them; and the American minifter found himself in the midst of his friends. What joy did not the American flag infpire when it waved unfurled in the French fenate? Tender tears trickled from each eye; every one looked at it with amazement. There, faid they, is the fymbol 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! Thefe words, which efcaped from a thoufand mouths, were the expreffion of the fentiments of the whole nation. Was not an American to each Frenchman another Frenchman ?— he was more--he was a friend; and that facred name, amidst civil diffentions, was equally respected by all.

What then was done by the government? It put in question. whether it fhould execute the treaties, or receive the agents of the rebel and profcribed princes (No. 6.); it made a proclamation of infidious neutrality; by its chicaneries it abandoned French priva teers to its courts of juftice; 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 arrefted veffels of the ftate; it fuffered England, by infulting its neutrality, to interrupt its commerce with France; notwithstanding the faith of treaties, it gave an afylum to these fame English, who, after having infulted her flag, pillaged her citizens, came alfo 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 faid that it applauded their audacity; all fubmiffion 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 excufed itself, on the moft frivolous pretexts, whilft it anticipated Great Britain, by foliciting a treaty in which, proftituting its neutrality, it facrificed France to her enemies; or rather looking upon her as obliterated from the chart of the world, it forgot the fervices that fhe had rendered it, and threw afide 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 thofe the Americans raised for their defence; their half rounded fummits ftill appear in every quarter, amidst plains, on the top of mountains. The traveller need not fearch for the ditch which ferved to encompass them; it is ftill open under his feet. Scattered ruins of houfes laid wafte, which the fire had partly refpected, in order to leave monuments

of

of British fury, are ftill to be found. Men ftill exift, who can fay, here a ferocious Englishman flaughtered my father; there my wife tore her bleeding daughter from the hands of an unbridled Englishman. Alas! the foldiers who fell under the fword of the Britons are not yet reduced to duft: the labourer, in turning up his field, ftill draws from the bofom of the earth their whitened bones; while the ploughman, with tears of tenderness and gratitude, ftill recollects that his fields, now covered with rich harvests, have been moistened with French blood; while every thing around the inhabitants of this country animates them to fpeak of the tyranny of Great Britain and of the generofity of Frenchmen: when England has declared a war of death to that nation, to avenge herfelf 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 foldiers! You, who know thofe generous fentiments which distinguish the true warrior! Whofe hearts have always vibrated with thofe of your companions in arms! Confult them to-day to know what they experience; recollect, at the fame time, that if magnanimous fouls with livelinefs refent an affront, they alfo know how to forget one. Let your government return to itfelf, 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 indivifible, (15th Nov. 1796, O. S.)
P. A. ADET.

Notes in fupport of the foregoing.

(No. 1.) Vide letter from Citizen Genet to Mr. Jefferson of 22d June, 1793; meffage from the prefident, page 15 of the original French.

(No. 2.) Extract of the Prefident's Speech to the House of Reprefentatives, 3d December, 1793.

As foon as the war in Europe had embraced thofe powers with whom the United States have the most extenfive relations, there was reafon to apprehend that an extenfive intercourfe with them might be interrupted, and our difpofition for peace drawn into question by the fufpicions too often entertained by belligerent nations. It feemed therefore to be my duty to admonish our citizens of the confequences of a contraband trade, and of hoftile acts to any of the parties; and to obtain, by a declaration of the existing legal ftate of things, an eafier admiflion of our right to the immunities belonging to our fituation. Under thefe impreffions the procla mation, which will be laid before you, was illued.

In

In this pofture of affairs, both new and delicate, I refolved to adopt general rules, which fhould conform to the treaties, and affert the privilege of the United States. Thefe were reduced into a fyftem, which will be communicated to you. Although I have not thought myself at liberty to forbid the fale 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 reftored when they were taken within the protection of our territory, or by veffels commiffioned or equipped in a warlike form within the limits of the United States.

It refts with the wifdom of Congrefs to correct, improve, or inforce this plan of protection; and it will probably be found expedient to extend the legal code, and the jurifdiction of the courts of the United States to many cafes, which, though dependent on principles already recognised, demand fome further provifion.

Where individuals fhall, within the United States, array themfelves in hoftility against any of the powers at war, or enter upon military expeditions or enterprifes within the jurifdiction of the United States, or ufurp and exercife judicial authority within the United States, or where the penalties on violations of the law of nations may have been indiftinctly marked, or are inadequate, thefe offences cannot receive too early and clofe an attention, and require prompt and decifive remedies.

Whatever thofe remedies may be, they will be well adminiftered by the judiciary, who poffefs a long established course of investigation, effectual procefs, and officers in the habit of executing it.

(No. 3). The undersigned minister plenipotentiary having complained to the fecretary of state that the attorney of the United States had caufed the privateer La Vengeance to be arrested, with out an affidavit or other authentic teftimony; on the 11th Auguit, 1795, the fecretary of ftate fent him an anfwer, which Mr. Troup had addreffed to him, in the abfence of Mr. Harrifon, district attorney of New York, in which is this paffage

"As to the fuit against the privateer, it was commenced by Mr. "Harrison, as attorney for the district, 'upon an official disclosure "to him, by the Spanish conful, of the evidence which led him "to fuppofe the privateer had been fitted out and armed within the "United States. Mr. Harrifon, upon receiving this disclosure "felt himself called upon by confiderations which, as a public "officer, he could not refift, to proceed against the privateer under "the 3d fection of the act of Congrefs, intitled, An act in addi❝tion to the act for the punishment of certain crimes against the "United States, paffed June 5, 1794. This fection works a forfeiture of the privateer, one half to the ufe of any perfon who

"fhall

"fhall give information of the offence, and the other half to the "ufe of the United States. No perfon having appeared in quality "of informer to inftitute the fuit, Mr. Harrifon, according to "the courfe of the common law, filed an information in behalf of "the United States folely againft the privateer, as you will per "ceive by the copy of the information already tranfmitted to you. "No law of the United States, and no law or ufage of this ftate 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 difcretion of the "officer intrufted by law with the power of doing it; and if he fhould abufe his power he ftands upon the footing of all public "officers who are guilty of malverfation in office. In the prefent inftance Mr. Harrifon has acted from the, beft of his judgment upon the duty of his office, after officially obtaining informa"tion from a public officer, who conceived himfelf likewife bound "by a fenfe of duty to communicate the information.”

When the undersigned minifter plenipotentiary renewed the charge on the 3d Vendemiaire, 4th year (24th Sept. 1795), to the fecretary of state, and ftill complained that an affidavit was not required to caufe a privateer to be arrested, he expreffed himself in thefe words:

But I again renew the affertion that an affidavit is not neceffary "for the ordering the arreft of a veffel."

What is the law, what is the ufage, which eftablishes the profecution for reparation of an offence, before it be afcertained 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, fince there was not a fingle affidavit.

Now, Sir, upon mere fufpicions, which the enemy interest will not fail always to bring forward, the French privateers are to be fubjected to feizure! Such a meafure tends to nothing lefs than to paralize the 17th article of our treaty.

The fecretary of state, in reply, fent to the underfigned minifter plenipotentiary the copy of a letter from Mr. Harrifon, of the 3d October, 1795, in which is this remarkable paffage-" In this "whole bufinefs, however, I have undoubtedly acted from my "own opinion, founded upon fuch evidence as came to my knowledge; and as in fimilar cafes I must neceffarily, in the first "inftance, be unacquainted with the opinions and convictions of "others, I know of no other rule by which I can be guided, unless ” when I am honoured with the directions of the chief executive ma"gistrate."

The fecretary of fate thus clofes his letter on the 16th of October, covering that of Mr. Harrison-

"You will perceive, that whatever may be the event of the fuits "pending in court concerning her [the privateer] and her prize, the

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