While between the United States and France there shall fubfift a perfect reciprocity in respect to commerce, we must endeavour to extend our trade to her colonies to as many articles as poffible. Of these the most important are provifions of all kinds, as beef, pork, flour, butter, cheese, fish, grain, pulfe, live ftock, and every other article ferving for food, which is the produce of the country, horfes, mules, timber, planks, and wood of all kinds, cabinet ware and other manufactures of the United States; and to obtain in return all the articles of the produce of thofe colonies, without exception, at least to the value of the cargoes carried to thofe colonies. There have been different conftructions of the Confular Convention. The French have contended for the execution of their confular decifions, by the marshal or other officer of the United States; and their minister of justice has formally stated, in a report to the minifter of foreign affairs, that the judicial fentences of the American confuls in France, will be executed by certain officers of juftice in that country. The legal opinion of the law officers of the United States, which the government has adopted, oppofes fuch a conftruction. The French have alfo contended, that deferters from French veffels ought to be apprehended by the judi cial officers of the United States, upon other evidence than the original hipping paper, or rule d'equipage; whereas the district judges have infifted that the Confular Convention requires the original rôle to be produced. This claim was lately revived by the conful-general of the French Re. public. The correfpondence on this occafion will be joined to the other documents which accompany these instructions. The United States cannot confent to the erecting of foreign tribunals within their jurifdiction. We confider the judicial authority of confuls, as described in the Confular Convention, to be voluntary, not compulfory, in the country where they refide; and that their decifions, if not obeyed by the parties refpectively, must be enforced by the laws of their proper country; and fuch a provifion you will fee has been made in France, where a penalty of 1400 livres is impofed on the citizen who refufes obedience to a confular decifion in a foreign state. The Confular Convention will expire in about four years; and if any great difficulties arise in settling the terms of a new one, that which exifts muft take its courfe: but if the French government fhould be filent on the subject of the Confular Convention, filence may be observed on your part. The ports of the United States being frequented by the veffels of different belligerent powers, it became neceffary to regulate the times of their failing. The Prefident, therefore, adopted what was understood to be the received rule in Europe; and ordered, that after the failing of a veffel of one of the belligerent powers, twenty-four hours fhould elapfe before an armed veffel of the enemy of the former fhould fet fail. This rule has not been duly respected by the armed veffels of France and Great Britain. As the tranquility of the United States requires, that no hostile movements be commenced within their jurisdiction; and the interefts of com. merce demand an entire freedom to the departure of veffels from their ports, it may be expedient expreffly to recognize the above mentioned rule. It will also be expedient to agree on the extent of territorial jurisdic tion on the fea-coaft; and in what fituations bays and founds may be faid to be land-locked, and within the jurifdiction of the fovereign of the adjacent country. On the fuppofition that a treaty will be negociated to alter and amend the treaties which now exift between France and the United States, the following leading principles, to govern the negociation, are fubjoined. 1. Confcious integrity authorizes the government to infift, that no blame or cenfure be directly or indirectly imputed to the United States. But on the other hand, however exceptionable, in the view of our own government, and in the eyes of an impartial world, may have been the conduct of France, yet the may be unwilling to acknowledge any ag greffions; and we do not wish to wound her feelings, or to excite re fentment. It will therefore be beft to adopt, on this point, the princi ple of the British treaty, and "terininate our differences, in fuch manner, as, without referring to the merits of our respective complaints and pretenfions, may be the best calculated to produce mutual fatisfaction, "and good understanding." 26 66 2. That no aid be ftipulated in favour of France during the present war. 3. That no engagement be made inconfiftent with the obligations of any prior treaty. 4. That no reftraint on our lawful commerce with any other nation be admitted. 5. That no ftipulation be made, under colour of which, tribunals can be established within our jurifdiction, or personal privileges claimed by French citizens, incompatible with the complete fovereignty 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 thofe periods, as to givé one or both good reason to defire a change in the conditions of the treaty. From this limitation may be excepted fuch 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, ard are in their nature of perpetual obligation. Of this kind may be confidered the tenth article of the treaty with Great Britain; which therefore may very properly be introduced into the treaty with France. Finally, the great object of the government being to do juftice to France and her citizens, if in any thing we have injured them; to obtain juftico for the multiplied injuries they have committed against us; and to preferve peace; your ftyle and manner of proceeding will be fuch as fhall moft directly tend to fecure thefe objects. There may be fuch a change of men and measures in France as will authorize, perhaps render politic, the ufe of ftrong language, in defcribing the treatment we have received. On the other hand, the French government may be determined to fruftrate the negociation, and throw the odium on this Country; in which cafe, any thing like warmth and harshness would be made the pretext. If things remain in their prefent fituation, the ftyle of reprefentation will unite, as much as poffible, calm dignity with fimplicity, force of fentiment with mildne's of language, and be calculated to imprefs an idea of inflexible perfeverance rather than of distruft or confidence. With these inftructions 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 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, fince the recall of Mr. Genet, are exhibited and difcuffed. 3. A report from the Secretary of State to the Houfe of Reprefenta. tives, dated the 27th of February, 1797, exhibiting the state of American claims which had been prefented to the French government (but few of which had been fatisfied) 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 Prefident of the United States, on the 2 ift of June, 1797, and by him laid before Congrefs on the 22d. 5. Certain original depofitions, protests, and other papers relative to the French fpoliations on the commerce, and perfonal infults and injuries to the citizens of the United States 6. The documents laid before the House of Representatives the 17th of Mav, 1797, relative to General Pinckney's miffion to Paris, and comprehending fome papers relative to the capture and condemnation of American vessels by the French. 7. The correspondence with the French Conful-General Létombe, relative to the Coniular Convention. TIMOTHY PICKERING, DEPARTMENT OF STATE, Philadelphia, July 15, 1797. } LETTERS of CREDENCE and FULL POWERS to the Envoys from the United States to the French Republic. LETTERS O F CREDENCE. JOHN ADAMS, President of the United States of America, DESIROUS of terminating all differences between the United States of America and the French Republic, and of reftoring that harmony and good understanding, and that commercial and friendly intercourse, which from the commencement of their political connection, until lately, have fo happily fubfifted, I have nominated, and by and with the advice and confent of the Senate of the United States, oppointed Charles Cotes.. worth Pinckney, John Marshall, and Elbridge Gerry, diftinguished citi zens of these states, jointly and feverally, Envoys Extraordinary and Minifters Plenipotentiary to the French Republic, for the purpofe of ac complishing the great objects above-mentioned: Wherefore I pray you, Citizens Directors, to give full credence to what they and each of them fhall fay to you in these respects, in behalf of the United States, and alfo when they fhall affure you of the fincerity of our wishes for the welfare of the French Republic. 1 GIVEN under my hand, and the great feal of the United States of America, at Philadelphia, the thirteenth day of July, in the year 1797, and of the Independence of these ftates the twenty-fecond. JOHN ADAMS. By the Prefident of the United States, TIMOTHY PICKERING, Secretary of State." FULL POWERS. JOHN ADAMS, Prefident of the United States of America, KNOW YE, That for the purpose of terminating all differences between the United States of America and the French Republic, and of restoring and confirming perfect harmony and good understanding, and re-establishing a commercial and friendly intercourse between them, and repofing a special truft and confidence in the integrity, prudence and abilities of Charles Cotefworth Pinckney, John Marthall, and Elbridge Gerry, Citizens of the faid United States, I have nominated, and, by and with the advice and confent of the Senate, appointed the faid Charles Cotefworth Pinckney, John Marshall, and Elbridge Gerry, jointly and feverally, Envoys Extraordinary and Ministers Plenipotentiary of the United States to the French Republic; hereby giving and granting to them and any and each of them, full power and authority, and alfo a general and fpecial command, for and in the name of the United States to meet and confer with the Ministers, Commiffioners or deputies of the French Republic, being furnished with the like full powers, whether leparately or jointly, and with them to treat, confult and negociate, of and concerning all claims, and all matters and causes of difference, fubfifting between the United States and the French Republic, for the purpofe of fatisfying and terminating the fame in a juft and equitable manner; and alfo of and concerning the general commerce between the United States and France, and all other the dominions of the French Republic; and to conclude and fign a treaty or treaties, convention or conventions, touching the premises; tranfmitting the fame to the Prefident of the United States of America for his final ratification, by and with the advice and confent of the Senate of the United States, if such advice and consent shall be given. IN TESTIMONY WHEREOF, I have caufed the feal of the United States to be hereunto affixed. GIVEN under my hand at the City of Philadelphia, the twenty-fecond day of June, in the year of our Lord one thousand seven hundred and ninety-feven, and of the Independence of the United States of America, the twenty-first. JOHN ADAMS. By the President of the United States, TIMOTHY PICKERING, Secretary of State. Department of State, April 3d, 1798. THE names defignated by the letters W. X. Y. Z. in the following copies of letters from the Envoys of the United States to the French Republic, are, in the originals, written at full length, in cyphers. For the fame reason that fingle letters are thus taken to defignate certain perfons named in the letters, other words defcriptive of them are omitted. TIMOTHY PICKERING. DISPATCHES from the Envoys to the Secretary of State. Dear Sir, ALL of us having arrived at Paris on the evening of the fourth inftant, on the next day we verbally and unofficially informed the minister of foreign affairs therewith, and defired 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 Minifter, The United States of America being defirous of terminating all differences between them and the French Republic, and of reftoring that harmony and good understanding, and that commercial and friendly intercourfe, which from the commencement of their political connection until lately have fo happily fubfifted, the Prefident has nominated, and by and with the advice and content of the Senate has appointed us, the undersigned, jointly and feverally, Envoys Extraordinary and Minifters Plenipotentiary to the French Republic, for the purpofe of accomplishing thefe great objects. In pursuance of fuch nomination and appointment, and with fuch view having come to Paris, we wifh, Citizen Minifter, to wait on you at any hour you will be pleased to appoint, to present the copy of our letters of credence; and whilft we evince our fincere and ardent defire for the speedy restoration of friendship and harmony between the two republics, we flatter ourselves with your concurrence in the accomplishment of this defirable event. We request you will accept the affurances of our perfect esteem and confideration. Paris, October 6th, in the 22d year of American Independence. (Signed) } CHARLES COTESWORTH PINCKNEY, To this letter the minifter gave a verbal anfwer, that he would fee 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 houfe, where his office is held, when, being informed he was not at home, the fecretary-general of the department told Major Rutledge, that the minifter was obliged to wait on the Directory, and requested we would fufpend our vifit till three |