Relations with France and Spain.

but, as I am informed, the orders to Mr. Adet were issued about the 19th of August, and that the vessel which carried them sailed from L'Orient about the 7th of September, I thought it probable that new instructions might be forwarded to me before I could arrive in America: and I have therefore determined, if the Directory will not suffer me to remain upon the territory of the Republic, until I hear from you, to proceed to Amsterdam, and stay there, until I shall receive orders how to act, or whether to return home.

I have seen Mr. Monroe very often since my arrival: his conduct has been open and candid, and I believe he has made me every communication which he thought would be of service to our country. He undoubtedly felt himself hurt at his being superseded; but I am convinced he has not, on that account, left anything undone which he thought would promote the objects of my mission. The Directory and Ministers had, for some time before they were informed of his removal, treated him with great coolness; but as soon as they heard of his recall, their attentions to him were renewed. Should this Government attempt to make any further communications to me, through him, he has promised me to inform them that he cannot comply with their desire, as his powers have ceased. I remain, with great respect, &c., CHARLES C. PINCKNEY. Colonel PICKERING, Secretary of State.

No. 2.

Directory. Since this conversation, I have not heard from the Directory, or any of the Ministers or their agents. My situation, as you may easily conceive, is unpleasant; but if I can ultimately render any services to my country, I shall be fully compensated at all events, it shall be my study to avoid increasing the discontent of this Government, without committing the honor, dignity, and respect due to our own. Should I fail in doing this, or should I err in the measures I pursue to accomplish it, the failing will not be in my zeal, but should be charged to my want of ability. At present, I think the ground I have taken has puzzled them: they wish me gone, but they apprehend that it would be too harsh a measure to send off in a peremptory manner, the Minister of my country; though there is no saying what their conduct will ultimately be, as I am informed that they have already sent off thirteen foreign Ministers: and a late emigrant, now here, has assured them that America is not of greater consequence to them, nor ought to be treated with greater respect, than Geneva or Genoa. Those who regard us as being of some consequence, seem to have taken up an idea that our Government acts upon principles opposed to the real sentiments of a large majority of our people, and they are willing to temporize until the event of the election of President is known; thinking that, if one public character is chosen, he will be atached to the interest of Great Britain; and that, of another character is elected, he will be (to use the expression of Du Pont de Nemours, in the Council of Ancients) devoted to the interest of Major Mountflorence's Report, given in to General France; entertaining the humiliating idea that we are a people divided by party, the mere creatures of foreign influence, and regardless of our sational character, honor, and interest. To eradicate this ill-conceived and unfounded opinion, will be a work of time and labor, so greatly have they been prejudiced by misrepresentation. The reasons that are alleged here for the conduct of the present Government of this country to us, you Since several months, the Executive Directory have already been apprised of from Mr. Adet and has given evident symptoms of displeasure towards Mr. Monroe. The letter of the 21st Frimaire, our Government; which has been generally attribufrom M. De la Croix to Mr. Monroe, above reci- ted to the Treaty of Commerce with Great Britain. ted, shows the distinction which this Government In consequence of which, orders have been given attempts to make between the American people to their cruisers to visit every neutral vessel going and their Government; at the same time, Major in, or coming from, an English port, but these Mountflorence's report to me, which I enclose, orders are common to the Danish and Swedish shows that the property of the American citizens vessels as well as to our own. Numbers of our is not respected in the cases he mentions. I trust vessels have been brought into the ports of France that America will show that her sentiments and by virtue of these orders, and, in a subsequent those of her Government are one; and that she report, I shall have the honor of submitting to you will never suffer any foreign nation to interfere a nominative list of all of them, informing you of in her concerns; and that an attempt to divide the several proceedings respecting each of them; her citizens will be the "signe de ralliement,' "* several of them have been already released; some and render them the more united. As much as I am of the cargoes temporarily sequestered; and others averse to a sea voyage, I should immediately have now libelled before the tribunals of commerce. sailed for Philadelphia, on knowing the determi- During the government of the Convention, the cation of the Directory not to acknowledge me, Committee of Public Safety had exclusively the that I might receive personally the instructions cognizance of all matters respecting prizes or of the Administration of our Government, more captures at sea; which committee gave judgparticularly at a time when Congress was sitting; ment on the reports of the executive commission of marine; but since the organization of the present constitution, the legislature has passed a law on the

Signal for rallying.

Pinckney, the 19th December, 1796.

CONSULAT AMERICAIN.

PARIS, December 18, 1796. SIR: In the absence of Mr. Skipwith, I will endeavor, at your desire, to make you a succinct general report of the present situation of our commercial interests in this country, in the best manner that the shortness of the time will admit of.

Relations with France and Spain.

27th of April last, giving power to the tribunals worse situation than if there had been no treaty. of commerce in every port of France, to take which most certainly could never have been the cognizance, in the first instance, of every matter intention of either of the contracting parties; for relative to captures at sea; from whose judgment if there existed no treaty, most undoubtedly an appeals may be carried before the civil tribunals American vessel being brought into a French port of the respective departments; and one of the would be immediately released, upon due proof articles of the aforesaid law enacts, that in cases being made of her being American property, and of appeals before the departmental tribunals, should consequently neutral. Besides, we alleged that the interests of neutrals be concerned, the com- this doctrine had been sanctioned in France since missaries of the Executive Directory near the tri- the commencement of hostilities, several hundreds bunals (whose duties are similar to those of our of our vessels having visited their ports, and no attorneys general) may, if they see cause, refer the exception being taken to the want of sea-letters; whole proceedings to the Minister of Justice, to take indeed they have never been heretofore asked for; the opinion of the Directory thereon, before judg- that the French Government had sold a very conment be given by the said tribunals. I deemed it siderable number of prize vessels to our merchants necessary, sir, to enter into these particulars in in payment of supplies by them furnished, or otherorder to elucidate the proceedings which have lately wise; some of which had been chartered by the taken place in respect to some of our vessels, cap- very agents of the Government, for sundry voytured and libelled. The tribunals of commerce ages in Europe, all of which had no sea-letters, are chiefly composed of merchants, and most of nor could they ever obtain any before they made them are directly or indirectly, more or less, inter- a voyage to the United States. All we could obested in the fitting out of privateers, and therefore tain from the Minister, was his saying, that he are often parties concerned in the controversies they would reconsider the matter and take the decision are to determine upon. This happened in the case of the Directory. Nothing yet has transpired on of Capt. John Bryant, of Norfolk, in Virginia, which this subject; but, two days ago, letters from Brest I beg leave to relate to you: Captain John Bry-mentioned that the Diana, Captain Ingraham, from ant, master of the Fanny, of Portsmouth, in Virginia, lost that vessel at sea, having a sea-letter, which he preserved, and was taken up by the brig Francis, of Salem, and carried to Spain; from whence he returned to Norfolk, where, having received the command of the Powhatan, of Richmond, he proceeded in her to London, where the said vessel was sold by the owners. He purchased in England from our Consul, Mr. Joshua Johnson, a prize vessel, the Royal Captain, and traded with her under the flag of the United States, and made several coasting voyages from one French port to another, his ship's papers having been found regular. But, lately bound from Flushing to Bordeaux, with a cargo belonging to him, he was captured by a privateer from Boulogne, and brought into that port. The judges of the tribunal were most of them concerned in the privateer, and of course declared the Royal Captain a lawful prize, under pretence that she had no sea-letter. Appeal has been made from that judgment and the case referred to the Minister of Justice. Mr. Skipwith and myself waited on the Minister and had a long conference with him on the proper construction to be made of the 25th article of the Treaty of Commerce between the United States and France. The Minister having acknowledged the Royal Captain and her cargo to be American property; but insisting upon its being liable to condemnation, not being furnished with a sea-letter, we urged to him, that the very article of the treaty upon which he founded his opinion, did not specify seizure or confiscation of vessels which should not be provided with sea-letters; that every penal law was to be construed liberally; that the object of the treaty must have been reciprocal benefit to the merchants and commerce of both countries; that the interpretation given by him to that article would operate in a quite opposite manner, and place the merchants of the United States in a

Savannah to Europe, sent into Brest by a French privateer, has been condemned by the tribunal of commerce of that port, and that the only motive for condemnation was the want of a sea-letter. I have wrote to Mr. Barnet, the consular agent at Brest, to instruct the counsellor on the appeal to apply to the commissary of the Directory near the tribunal of the department, to have the matter referred to the Minister of Justice. Should the Directory, sir, decide this important question upon the construction of the 25th article, in the same manner as the tribunals of commerce have done, it would be very alarming to our trade, as we have a vast number of vessels in that predicament, many of which are now in the several ports of France. As to the several claims of the American citizens against the French Government, for supplies furnished here and in the West Indies, spoliations, embargoes at Bordeaux, and at Brest, and other ports, indemnities for illegal captures and detention of our vessels, freights of vessels chartered by the French agents in the United States, drafts of the colonial administrations upon the national treasury, delegations of the said administrations on the Ministers of France near the United States; nothing can be done with them for the moment; but this suspension is common to all the claimants of other neutral nations, as likewise to the French creditors; for, indeed, the embarrassment of their finances is such that many of the officers of Government cannot obtain the payment of the arrears due to them. I deem it also my duty, sir, to inform you that a foreign built sloop, the Nancy, Captain Berry, having been detained at Calais by the custom-house officers of that port, the tribunal of commerce ordered her to be released, provided the Minister of the United States near the French Republic, would countersign her ship's papers. Having at this moment no Minister acknowledged by the French

Relations with France and Spain.

Republic, Captain Berry writing a very pressing letter to be able to comply with the orders of the aforesaid tribunal, which orders are conformable to a late regulation of the Directory, I have waited on the Minister of Foreign Relations, to submit the difficulty we labor under in that respect, and shall have the honor of communicating to you his answer when it shall be given.

With great respect, &c.,

J. C. MOUNTFLORENCE.

Major General Pinckney.

No. 3.

Extract of a letter from General Pinckney to the Secretary of State.

the French Republic, had thrown the American citizens into a predicament which had rendered them incapable of complying with the accustomed forms. That the consequence was their having remained for some time past in prison, which, at the present season, was a situation from which they could not be too soon released; it was, therefore, to know in what manner to answer their various applications, and to be informed to what authority he should refer them for relief, that General Pinckney had, at this moment, taken the liberty to trouble him. The Minister replied, that an arrêté had been made on the subject, and that, in future, all petitions for passports on behalf of the American citizens, should be addressed to the Minister of the Police Générale. That he PARIS, January 6, 1797. would, however, charge himself with any which DEAR SIR: The cessation of Mr. Monroe's General Pinckney might have at that moment by functions, and the dormancy of mine in this coun- him, if he preferred the channel of his departtry, have been attended with many ment. inconveniences I thanked him for his politeness, and made to our fellow-citizens ; among others, the difficulty a motion to go, but stopped and asked him if he of obtaining passports to come from the out-ports had heard anything further from the Directory as to Paris, and to go from Paris out of the Republic, to their intentions respecting General Pinckney's were complained of; and I conceived it my duty: marks of great surprise, that he thought he had remaining where he was. He answered, with though not acknowledged by this Government, to endeavor to remedy this grievance; for to our already explained himself with sufficient clearness countrymen, arriving here from the territories of on the subject; that he had signified to General a Power at war with the Republic, it was really Pinckney, long since, the impossibility of his stayso, as they were put into confinement on their aring; that he thought he had exercised much "conrival at the port, unless they could give security he had been induced to do by General Pinckney's descendance" in having been so long silent; which for their good behaviour until they could obtain passports from our Minister at Paris-which pass-having complained of the delay of his baggage, ports were countersigned by the Minister of Foreign Affairs; and present circumstances did not even admit of these dilatory passports. I, therefore, requested my Secretary, Major Henry Rutledge, to wait upon M. De la Croix on this subject, and desired him, at the same time, to obtain from him, unofficially, an account of what the Directory had resolved, with regard to the points concerning my residence, which Mr. Giraudet had informed me M. De la Croix would submit to their determination. Major Rutledge waited upon M. De la Croix, and made me the following report:

PARIS, December 26, 1796.

I this day, at twelve o'clock, called upon the Minister of Foreign Affairs, and being admitted, after waiting some little time, I informed him that I came on the part of General Pinckney, who had desired me to say that, although he had not the honor to address him in an official capacity, yet his feelings would not excuse him from communicating an article of intelligence, in which the humanity of both nations was interested-it was upon the subject of such of our citizens as had of late arrived in the different ports of France. That, in conformity to the regulations of the police, all foreigners, upon their arrival on the territories of the Republic, were arrested and put into confinement until they had obtained from the Ministers of their respective countries, near the Republic, a passport countersigned by the Minister of Foreign Affairs. That the circumstance of having no Minister acknowledged by

which, he supposed, must, by this time, have arrived from Bordeaux; that, in short, he should be sorry if his further stay should compel him to give information to the Minister of the Police. To this I replied, that, if he would permit me, I would recall his recollection to the communication which he had been pleased to make to Genedet; that that gentleman had called on General ral Pinckney, through his Secretary, Mr. Girauwishes of the Directory, in answer to a letter Pinckney, and had very clearly expressed the which he had written to the Minister of Foreign Affairs, requesting to know their will; which desire was, that General Pinckney should consider himself in the light of any common stranger, to whom a card of hospitality was refused, and who was compelled, by the laws respecting foreigners, to withdraw from the territories of the Republic. That General Pinckney had refused to regard himself in any other light than the one in which he had entered France, which had not been in a private capacity, but in a public character; which circumstance had been officially announced to the Directory, by his having delivered to the Minister of Foreign Affairs a copy of his letters of credence and by other acts. That this precluded all laws relative to strangers from operating on him, and put him under the protection of the law of nations, which he claimed in his favor. That Mr. Giraudet had taken leave with a promise to communicate to the Minister of Foreign Affairs the ground which General Pinckney had taken. That he returned again in the evening, and then said, that the Minister would again

Relations with France and Spain.

lay General Pinckney's letter before the Directory, and that their intentions should be made known to him as soon as possible. All this had, no doubt, been faithfully related to him by his secretary. He answered that General Pinckney must have mistaken Mr. Giraudet as to his intention of again laying his letter before the Directory I told him that it was impossible; for that I had been present at both conversations, in which the material points had passed in English, and been repeated in French. He then said Mr. Giraudet had acted without his authority. I replied, that General Pinckney had, however, waited until this moment in expectation of hearing from him, agreeably to Mr. Giraudet's promise; that he was very far from intending to dispute the will of the Executive Directory; what he wanted was a communication of their wishes in writing. He said that it had already been given. I desired to know when; he answered in the notification which he had made, by their order, to Mr. Monroe; that it had contained their sentiments on Mr. Pinckney's staying, inasmuch as that his not being received, implied that he should depart. I denied that it was a fair deduction; he insisted that it was; I declared that it had not struck General Pinckney or any person with whom he had conversed; but that, however, if such was the construction which he had put upon it, I flattered myself that he could have no objection to throwing his idea upon paper, that General Pinckney might have something more substantial, than the authenticity of the word of his secretary to justify himself to his own Government, for quitting a spot to which he had come in obedience to their orders. The Minister here turned from me with some warmth,

M. De la Croix. When I was sending away the triplicate and quadruplicate of No. 2, the speech of M. Barras, President of the Directory, to Mr. Monroe, appeared, I therefore transmitted it to you in those enclosures. I need not comment on so strange a composition; it, however, evinces the disposition of the directors of this country towards us, and the system which they have adopted, by endeavoring to persuade our countrymen that they can have a different interest from their fellow-citizens, whom themselves have chosen to manage their joint concerns. One circumstance, however, attending this speech, you ought not to be unacquainted with. Mr. Monroe assures me that the Directory were not acquainted with a syllable contained in the valedictory address he delivered, till the moment he pronounced it; and that, as soon as he finished, President Barras read his own speech. Of course, the speech of M. Barras was not an answer to Mr. Monroe's specific harangue; but was an answer to every speech which, on that occasion, could possibly have been made. This anecdote does not make the present sentiments and views of the Directory respecting our country less evident.

Whatever the decision of this country may prove with regard to me, be assured that I shall endeavor to behave in such a manner as shall neither injure nor compromit the respect due to our own; and that no personal slights can prevent me from most earnestly praying, that the independence and liberty of France may be firmly secured by a speedy and honorable peace.

No. 4.

and said that he should do no such thing; that Gene Extract of a letter from General Pinckney to the Secre

ral Pinckney might make his own deductions; he desired to have no more communication with him. I only replied by a bow, satisfied to end a conversation which had already lasted near half an hour; during which I had not been admitted to the honor of a seat.

HENRY M. RUTLEDGE.

tary of State, dated

AMSTERDAM, February 18, 1797.

DEAR SIR: I arrived here last night, after an expensive and tedious journey, through some very bad roads, from Paris. My letters No. 6,* of which I forwarded to you quadruplicates from that city, will inform you that the day after accounts were received of Bonaparte's successes in This behaviour of M. De la Croix's did not in- Italy, Mr. De la Croix gave me, by direction of duce me to alter my conduct; I considered that I the Executive Directory, official notice in writing was at the post where my duty required me to to quit the territories of the French Republic. As remain until I received orders from my Govern- this was complying with what I had declared to ment how to conduct myself, or till this Govern- be a requisite preliminary to my departure, I did ment should give me a written mandate to depart, not think it proper to remain longer at Paris than or send me passports as a Minister of my country was necessary to prepare for my journey; and, whom they would not suffer to remain here; or having received the customary passports for this would do some unequivocal act respecting me as city, I set out with my family and secretary on would justify me in going. M. De la Croix's the fifth instant. I shall remain here, or in some conversation with Major Rutledge I did not deem part of the United Provinces, till I receive direcsuch; I have therefore staid; though notwith-tions from you how to act. I regret that my misstanding the inclemency of a journey for my family, at this season of the year, to Amsterdam, it would have been more agreeable to me to have gone away than to have remained here in this situation. This interview, however, prevented me, until three days ago, from changing my lodgings, which were very expensive and inconvenient; when, not receiving any further intimation to depart, I changed them, and have not yet heard from

sion to Europe, at the same time that it has been very unpleasant to myself, should be both expensive and unprofitable to my country. Could I be of any service, I should disregard personal inconvenience, and the idea of benefiting my country would soften the asperities of a situation rendered

*The letters Nos. 5, 6, from General Pinckney, have not yet come to hand.

Relations with France and Spain.

particularly disagreeable by the conduct of a Government with whom we wish to be on the most amicable terms, and yet who disregards and annihilates the usual mode of conciliatory explanation established between independent nations. Mr. Giraudet, the chief secretary in the Department of Foreign Affairs at Paris, mentioned to Major Rutledge, a few days before I left Paris, that, as we were not going far, he hoped he should soon This I imagine was only the language of politeness; it certainly was not spoken officially, and I have not the least idea that I shall receive any invitation from France; though I ardently wish for a return of the good sense and good humor of that Republic.

see us return.

CHAS. C. PINCKNEY.

No. 5.

Extract of a letter from General C. C. Pinckney, to the
Secretary of State, dated

Brest, under date of the 3d instant, informs me that a French privateer, owned by Captain Cowell, a citizen native of the United States, and formerly master of the Jane, has captured lately two of our vessels, and sent them to L'Orient; one of them is a ship of four hundred tons, belonging to Boston, and bound from New Orleans to London; the other is a brig from Baltimore to London, with a very rich cargo of sugar, cotton. &c. Another letter of the said agent of the 7th informs me, that though he is certain that these two vessels and their cargoes are American property, yet it is generally believed that, by the intrigues of the aforesaid Captain Cowell, and of a certain Captain Benjamin Lewis, of Marblehead, that the whole will be condemned. I blush when I think on the conduct of some of our countrymen in this country; not satisfied with violating the laws of the United States, respecting our neutrality, but arming vessels under French colors to plunder their co-citizens! Besides, sir, I have it from good auAMSTERDAM, March 5, 1797. thority, that those Americans who are interested Some time before I left Paris, I was informed in fitting out privateers, are constantly teasing this that the Directory had requested the Dutch to joinders to cruise against our vessels, and it is really Government with applications for more severe orthem in treating neutral vessels in the same manner as by their decree in Messidor they had deter- our own countrymen who endeavor to irritate mined to treat them. As I did not obtain this in- matters between us. The same agent informs me formation from a source that I could depend on, I that a large number of our sailors, found on board did not trouble you with it; but I have since had of English vessels, are now detained as prisoners reason to believe that it was either true, or the of war at Brest. I had formerly recommended to Dutch were apprehensive such requisition would that officer to use all his endeavors to procure the be made; for I have just received intelligence, release of such as he should be satisfied were which I am persuaded I may rely on, that the really Americans, and that he has done; but his Dutch have informed the Directory, that it would last letter mentions that the Minister of the Mabe exceedingly prejudicial to them to join in so rine has lately given orders not to release any hostile a measure, for that they would thereby more of the citizens of the United States, who may lose the friendship and trade of America, which be taken on board British vessels. A new embar(considering their commercial losses) were of ex-go was laid on the 7th instant at Brest, which is tensive benefit to them, and they would be depriv- the third since General Hoche's expedition. ed of the means of affording the French those aids which their commerce enabled them to do. In these reasons, my information adds, the French have acquiesced, and there is now no apprehen- Extract of a letter from Major Mountflorence to Genesion that our commerce will be molested by the Dutch. If the French had not consented to this, there is but little doubt but the Dutch would have

been obliged to have treated us as the French do: for there are twenty-five thousand French troops in Batavia, and it is here no secret, that they can direct what measures they please.

I transmit you extracts from Major Mountflorence's letters to me of the 14th and 21st of February, relative to the infamous conduct of some of our countrymen, (I blush to call them so,) in fitting out privateers under French colors, and plundering our fellow-citizens. Something energetic, I trust, will be done by our Government with respect to these unprincipled marauders.

No. 6.

Without

No. 7.

ral Pinckney, dated

any of

PARIS, February 21, 1797. duty to inform you that a letter from Mr. Vail, your favors to answer, it is my our consular agent at L'Orient, under date of the 12th instant, informs that the American ships Hope, Captain Rogers, and Antelope, of Boston, Captain Benjamin Hilton, captured by the privaed in my last,) and carried into L'Orient, are now teer Hardy, Captain Cowell, (the man I mentionlibelled; and the only reason upon which this American captor grounds his claim, is, that the seamen's articles are not countersigned by an American public officer; I cannot find that the laws of the United States require that formality; and the truth is, that not an American vessel in a hundred has the seamen's articles countersigned

Extract of a letter from Major Mountflorence to Gene- in that manner; but Cowell's attorney pretends

ral Pinckney, dated

PARIS, February 14, 1797.

A letter from Mr. Barnet, our consular agent at 5th CoN.-98

that an antiquated, an obsolete ordonnance of France, of the year 1750, authorizes all ships of war to arrest such vessels, as have them not, as pirates. The tribunal of commerce has refused