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2. That no aid be stipulated in favour of France during the present war.

3. That no engagement be made inconsistent with the obligations of any prior treaty.

4. That no restraint on our lawful commerce with any other pation be admitted.

5. That no stipulation be made, under colour of which, tribunals can be established within our jurisdiction or personal privileges claimed by French citizens, incompatible with the complete sovereignty and independence of the United States in matters of policy, commerce, and government.

It will be expedient to limit the duration of the treaty to a term of, from ten to twenty years. Such changes in the circumstances of the two parties are likely to happen within either of those periods, as to give one or both good reason to desire a change in the conditions of the treaty. From tbis limitation may be expected sych articles as are declaratory of a state of peace, or as are intended to regulate the conduct of the two nations, at the commencement of, or during a state of war, or which are founded in morality and justice, and are in their nature of perpetual obligation. Of this kind may be consi. dered the ioth article of the treaty with Great Britain ; which therefore inay very properly be introduced into the treaty with France.

Finally, the great object of the government being to do justice to France and her citizens, if in any thing we have injured them ; to obtain justice for the multiplied injuries they have conmitted against us; and to preserve peace, your style and manner of proceeding will be such as shall most direály tend to secure these obje&s. There may be such a change of men and measures in France as will authorize, perbaps render politic, the use of strong language, in describing the treatment we haye received. On the other hand, the French government may be determined to frustrate the negotiation, and throw the odium on this country; in which case, any thing like warmth and harshness, would be made the pretext. If things remain in their present situation, the style of representation will unite, as much as possible, calm dignity with simplicity, force of sentiment with mildness of language, and be calculated to impress an idea of inflexible perseverance, rather than of distrust or confidence.

With these instructions, you will receive the following documents.

1. The printed state papers, containing the correspondence between the Secretary of State, and the French Minister, Mr. Genet.

2. The sired

2. The letter dated January 16th 1797, from the Secretary of State to General Pinckney, and the documents therein referred to, in which all the known complaints of the French government, since the recall of Mr. Genet, are exhibited and discussed.

3. A report from the Secretary of State, to the House of Representatives, dated the 27th of February 1797, exhibiting the state of American claims, which had been presented to the French government (but few of which had been satisfied); together with some further information, relative to the depredations by the officers, and people of that nation, on the commerce of the United States.

4. A report made by the Secretary of State, to the President of the United States, on the 21st of June 1797, and by him laid before Cougress on the 22d.

5. Certain original depositions, protests, and other papers relative to the French spoliations on the commerce and personal insults and injuries to the citizens of the United States.

6. The documents laid before the House of Representatives, the 17th of May 1797, relative to General Pinckney's mission to Paris, and comprehending some papers relative to the capture and, condemnation of American vessels by the French.

7. The correspondence with the French Consul, General Létombe, relative to the Consular Convention.


Secretary of State.


From Messrs. PincknEY, MARSHALL and GERRY

(Envoys extraordinary to France), communicated to the Congress on the 3d of April 1798.

(No. 1.)

Paris, Etober 22d, 1797. Dear Sir, All of us having arrived at Paris on the evening of the fourth instant, on the next day we verhally and unofficially inforined the minister of foreign affairs therewith, and desired to know when he would be at leisure to receive one of our secretaries with the official notification: he appointed the next day at two o'clock; when Major Rutledge waited on him with the following letter :

Citizen Minister, The United States of America being desirous of terminating all differences between them and the French Republic, and of restoring that harmony and good understanding, and that com mercial, and friendly intercourse, which from the common cementof their political connection until lately have so happily subsisted, the President has nominated, and by and with the advice and consent of the Senate has appointed us, the undersigned, jointly and severally Envoys Extraordinary and Ministers Plenipotentiary to the French Republic, for the purpose of accomplishing these great objects. In pursuance of such noinination and appointment, and with such view having come to Paris, we wish, Citizen Minister, to wait on you at any


you will be pleased to appoint, to present the copy of our letters of credence; and whilst we evince our sincere and ardent desire for the speedy restoration of friendship and harmony between the two republics, we flatter ourselves with your concurrence in the accomplishment of this desirable event. We request you will accept the assurances of our perfect esteem and consideration.


ELBRIDGE GERRY. Paris, October 6th, in the 22d year of American Independence.


To this letter the minister gave a verbal answer, that he would see us the day after the morrow, (the 8th), at one o'clock. Accordingly at that hour and day we waited on the minister at his house, were his office is held, when, being informed he was not at home, the secretary-general of the departinent, told Major Rutledge, that the minister was obliged to wait on the directory, and requested we would suspend our visit till three o'clock. At which hour we cal. led The minister we found was then engaged with the



Portuguese minister, who retired in about ten minutes, when we were introduced and produced the copy of our letters of credence, which the minister perused and kept. He informed us, “ that the Directory had required him to make a re

port relative to the situation of the United States with

regard to France, which he was then about, and which “ would be finished in a few days, when he would let us " know what steps were to follow.” We asked if cards of hospitality were in the mean time necessary? He said they were, and that they should be delivered to us; and he iinme. diately rung for his secretary and directed him to make them

The conversation was carried on by hiin in French, and by us in our own language.

The next day cards of hospitality were sent to us and our secretaries, in a style suitable to our official character.

On Saturday the 14th, Major Mountflorence informed General Pinckney, that he had a conversation with Mr. Osmond, the private and confidential secretary of the minister of foreign affairs, who told him, that the Directory were greatly exasperated at some parts of the President's speech, at the opening of the last ssession of Congress, and would require an explanation of them from us. The particular parts were not mentioned. In another conversation on the same day, the secretary informed the major, that the minister had told him it was probable we should not have a public audience of the Directory, till such time as our negotiation was finished, that probably persons might be appointed to treat with us; but they would report to him, and he would have the direction of the negotiation. The Major did not conceal from Mr. Osmond his intention to communicate these conversations to us.

In the morning of October the 18th, Mr. W of the house of

called on General Pinckney and informed him, that a M. X. who was in Paris, and whom the General had seen was a gentleman of considerable credit and reputation

and that we might place great reliance on him.

In the evening of the same day, M. X. called on General Pinckney, and after having sat some time whispered him, that he had a message from M. Talleyrand to communicate, when he was at leisure. Generai Pinckney immediately withdrew with himn into another room; and when they were alone, M. X. said, that he was charged with a business in which he was a novice; that he had been VOL. IX.

acquainted acquainted with M. Talleyrand and that he was sure he had a great regard for (America) and its citizens; and was desirous, that a reconciliation should be brought about with France ; that to effectuate that erd, he was ready, if it was thought proper, to sugest a plan, confidentially, that M. Talleyrand expected would answer the

purpose. General Pinckney said he shou.d be glad to hear it. M. X. replied, that the Directory, and particularly two of the members of it, were exceedingly irritated at some passages of the President's speech, and desired that they should be softened ; and that this step would be necessary, previous to our reception : that besides this, a sum of money was required for the pocket of the Directory and ministers, which would be at the disposal of M. Talleyrand: and that a loan would also be insisted on. M. X. said, if we acceded to these measures, M. Talleyrand had no doubt, that all our differences with France might be accominodated. On inquiry, M. X. could not point out the particular passages of the speech that had given offence, nor the quantum of the loan; but mentioned that the douceur for the pocket was twelve hundred thousand livres, about fifty thousand pounds sterling. General Pinckney told him, his colleagues and himself, from the time of their arrival here, had been treated with great slight and disrespect; that they earnestly wished for peace and reconciliation with France; and had been entrusted by their country with very great pow. ers to obtain these ends, on honourable terms: that with regard to the propositions made, he could not even consider of them, before he had communicated them to his colleagues :. that after he had done so, he should hear from him. After a communication and consultation had, it was agreed, that General Pinckney should call on M. X. and request him to make his propositions to us all; and for fear of mistakes or misapprehension, that he should be requested to reduce the heads into writing. Accordingly, on the morning of October the nineteenth, General Pinckney called on M. X. who consented to see his colleagues in the evening, and to reduce his propositions to writing. He said his communication was not inmediately with M. Talleyrand, but through another gentleman, in whom M. Talleyrand had great confidence: this proved afterwards to be M. Y.

At six in the evening, M. X. came, and left with us the first set of propositions; which, translated from the French, are as follows: “ A person who possesses the confidence of “ the Directory, on what relates to the affairs of America,

66 convinced

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