HISTORICAL INTRODUCTION-An extract from J. C. Bancroft Davis's notes to Treaties and Conventions between the United States of America and PART I-STATE PAPERS RELATING TO THE CONTROVERSY OVER NEUTRAL RIGHTS BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 EXTRACTS FROM MESSAGES OF PRESIDENT ADAMS, AND REPLIES OF THE Special Session Message, May 16, 1797. Address of the Senate, May 23, 1797. An Act to suspend the commercial intercourse between the United States and France, and the dependencies thereof, June 13, 1798... An Act to authorize the defence of the Merchant Vessels of the United An Act further to suspend the Commercial Intercourse between the United States and France, and the dependencies thereof, February 9, 68 An Act for the Government of the Navy of the United States, March An Act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof, February An Act providing for Salvage cases of Recapture, March 3, 1800.. An Act to continue in force the act intituled "An act to authorize the de- fence of the merchant vessels of the United States against French depredations," April 22, 1800..... An Act to provide for the ascertainment of claims of American citizens for spoliations committed by the French prior to the thirty-first day List of Authorities American State Papers, Foreign Relations. Documents, Legislative and Executive, of the Congress of the United States, 1789-1815. 6 vols., Washington, 1832-1859. (Cited F. R. F.) Annals of the Congress of the United States. First to Eighteenth Congress, 1789-1824. 42 vols., Washington, 1834-1856. (Cited Annals.) The Diplomatic Correspondence of the United States of America, from the signing of the Definitive Treaty of Peace, 10th September, 1783, to the adoption of the Constitution, March 4, 1789. 3 vols., Washington, 1837. (Cited D. C. 1783-89.) Garden, Comte de. Histoire Générale des Traités de Paix et autres transactions principales entre toutes les Puissances de l'Europe depuis la Paix de Westphalie. 15 vols., Paris. (Cited Garden, Traités de Paix.) Official Opinions of the Attorneys General of the United States. Washington, Government Printing Office. (Cited Op. At. Gen.) Pitkin, Timothy. A Political and Civil History of the United States, 1763-1797. 2 vols., New Haven, 1828. (Cited Pitkin's Political History.) Rédacteur, No. 382, January 1, 1797. Register of Debates in Congress. 14 vols., Washington, 1825-1837. (Cited Debates.) Richardson, James D. A Compilation of the Messages and Papers of the Presidents, 1789-1897. 10 vols., Washington, 1896-1899. (Cited Richardson, The Statutes at Large of the United States of America. Washington, Government Printing Office. (Cited St. at L.; Stat. L.) Treaties and Conventions concluded between the United States of America and other Powers since July 4, 1776. Washington, Government Printing Office, 1889. (Cited Treaties and Conventions, 1889.) The Writings of George Washington. Jared Sparks. 12 vols., New York, 18471848. (Cited Washington's Writings; Washington's Works.) The Writings of Thomas Jefferson. Edited by H. A. Washington. 9 vols., Washington, 1853-1854. (Cited Jefferson's Works.) NOTE.-Some of the above citations are not now in general use, but as they are reproductions from an older publication, it has not been deemed wise to change them to conform to modern practice. vii STATE PAPERS AND JUDICIAL DECISIONS RELATING TO THE CONTROVERSY OVER NEUTRAL RIGHTS BE- Historical Introduction On the 25th of January, 1782, the Continental Congress passed an act authorizing and directing Dr. Franklin to conclude a Consular Convention with France on the basis of a scheme which was submitted to that body. Dr. Franklin concluded a very different convention, which Jay, the Secretary for Foreign Affairs, and Congress did not approve. Franklin having returned to America, the negotiations then fell upon Jefferson, who concluded the Convention of 1788. This was laid before the Senate by President Washington on the 11th of June, 1789. On the 21st of July it was ordered that the Secretary of Foreign Affairs attend the Senate to-morrow and bring with him such papers as are requisite to give full information relative to the Consular Convention between France and the United States. Jay was the Secretary thus "ordered." He was holding over, as the new Department was not then created. The Bill to establish a Department of Foreign Affairs had received the assent of both Houses the previous day, but had not yet been approved by the President." Jay appeared, as directed, and made the necessary explanations. The Senate then Resolved that the Secretary of Foreign Affairs under the former Congress be requested to peruse the said Convention, and to give his opinion how far he conceives the faith of the United States to be engaged, either by former agreed stipulations or negotiations entered into by our Minister at the Court of Versailles, to ratify in its present sense or form the Conven 1 This introduction has been taken from pages 983 to 1002 of J. C. Bancroft Davis's notes to the revised edition (1873) of Treaties and Conventions concluded between the United States of America and other Powers since July 4, 1776. 21 D. C., 1783-89, 232. 5 Ib., 52. |