nated to the Senate Charles Cotesworth Pinckney, Francis Dana, and Jonn Marshall as envoys extraordinary and ministers plenipotentiary to the French republic. Dana having declined the appointment, Elbridge Gerry was nominated in his place, and on the 13th of July the three commissioners were invested with full power to treat on all the differences between the two countries. They arrived in Paris on the evening of the 4th of October. On the 8th they were unofficially received by Talleyrand, the minister of foreign affairs, to whom they gave a copy of their letter of credence. Talleyrand directed cards to be sent them in order that they might remain in Paris, but informed them that it would be necessary for him to consult further with the Directory before formally receiving them. It was subsequently intimated, through his private secretary, that they could not have a public audience of the Directory until their negotiations were concluded. Meanwhile, they were waited upon by three men who The X, Y, Z, Episode. came sometimes singly and sometimes together, and who professed to represent Talleyrand and the Directory. These persons are known in the correspondence as X, Y, and Z. The first approach was made by W, who called on Pinckney and informed him that X was a gentleman of credit and reputation, in whom great reliance might be placed. On the evening of the same day X called, and professing to speak for Talleyrand, whom he represented as desirious of effecting a conciliation with America, suggested confidentially a plan for that purpose. It was represented that two members of the Directory were exceedingly irritated at some passages in the President's speech of May 16, 1797, and that these passages would need to be softened; that a sum of money, to be at the disposal of Talleyrand, would be required as a douceur for the ministry, except Merlin, the minister of justice, who was already making enough from the condemnation of vessels; and that a loan to the government would also be insisted on. As the amount of the douceur, X mentioned the sum of 1,200,000 livres, or about 50,000 pounds sterling. Pinckney answered that he and his colleagues had been treated with great slight and disrespect; that they earnestly wished for peace and reconciliation with France, and had been intrusted with very great powers to obtain those ends on honorable terms; but that, with regard to the propositions which had been made to him, he could not even consider them before communicating with his colleagues. It was subsequently arranged that X should be presented to all the American plenipotentiaries, and that he should reduce his propositions to writing. This X agreed to do, saying that his communication was not immediately with Talleyrand, but through another gentleman, in whom Talleyrand had great confidence. This gentleman proved to be Y. On the evening of the 19th of October, X called upon the plenipotentiaries and presented in writing the propositions which he had already made orally. On the evening of the 20th X and Y called together, the latter being introduced as a confidential friend of Talleyrand. Y dilated on the resentment produced by the President's speech, and said he would not disguise the fact that after they had afforded satisfaction on that point, they must pay money, "a great deal of money." In Am. State Papers, For. Rel. II. 19. so saying he referred to the subject of a loan. Concerning the 1,200,000 livres little was said, it being understood that this sum was required for the officers of the government, and therefore needed no further explanation. In an interview on the following day, Y, who represented that he had spent the morning with Talleyrand, intimated as a "private individual” the opinion that the determination of the Directory in regard to the President's speech might be changed by a loan. He said there were 32,000,000 florins of Dutch inscription, worth 10 shillings in the pound, which might be assigned to the United States at 20 shillings in the pound; that, after peace was concluded, the Dutch Government would repay the money; and that the practical effect of the measure would be an advance of 32,000,000 to France, on the credit of Holland. The plenipotentiaries inquired whether the douceur to the Directory must be in addition to this sum. Y answered in the affirmative. After consultation the plenipotentiaries replied that the proposition of a loan was not within the limits of their instructions, but that one of their number would forthwith embark for America to consult the Government on the subject, provided the Directory would suspend proceedings in respect of captured American vessels. At this reply Y exhibited disappointment. He said the plenipotentiaries had treated the money part of the proposition as if it had proceeded from the Directory, whereas in fact it was only a suggestion from himself, as a means of avoiding "the painful acknowledgment" which the Directory had determined to demand of them. The plenipotentiaries answered that they understood the matter perfectly; that they knew the proposition was in form to be theirs, but that it came substantially from the minister; that it was for the Directory to determine what course its own honor and the interest of France required it to pursue, and for them to guard the nterest and honor of their own country. Y declared that they certainly would not be received, and "seemed to shudder at the consequences."1 After further conference with the French intermediaries, the American plenipotentiaries informed them that they considered it degrading to their country to carry on further indirect intercourse, and that they had determined to receive no further propositions unless the persons who bore them had authority to treat. On the 11th of November they addressed to Talleyrand a formal letter, in which they reminded him of their unofficial interview of the 6th of October, and asked to be informed of the decision of the Directory with regard to their reception. To this letter they received no answer, and about the middle of December X and Y sought to renew their intercourse. "On the 20th of December," says Pinckney, a lady, who is well acquainted with M. Talleyrand, expressed to me her concern that we were still in so unsettled a situation; 'but,' adds she, 'why will you not lend us money?" She assured Pinckney that if they remained six months longer they would not advance a single step in their negotiation without a loan. Pinckney replied that if such was the case they might as well go away at once.3 1 Am. State Papers, For. Rel. II. 158–160. 2 Am. State Papers, For. Rel. II. 164. 3 Am. State Papers, For. Rel. II. 166, 167. After the envoys' reports of these transactions were made public in the United States, they were republished in the London Gazette. Talleyrand, having seen a copy, on the 1798. On the 18th of January 1798 the Directory issued a Decree of January 17, new decree, by which it was declared that every vessel found at sea loaded in whole or in part with merchandise the production of England or her possessions, should be good prize, whoever the owner of the goods or merchandise might be; and that every foreign vessel which in the course of her voyage should have entered an English port, should not be admitted into the ports of France except in cases of necessity. On the 28th of January the American plenipotentiaries, though still unrecognized, addressed an elaborate communication to Talleyrand, in which they reviewed the questions in controversy between the two governments, and drew particular attention to the spoilations of American commerce." On the 2d of March, having intimated that it would Diplomatic Rupture. be improper for them to remain longer in France under existing conditions, they were admitted by Talleyrand to an interview. Talleyrand soon introduced the kindred subjects of the speech of the President and the negotiation of a loan. His observations led Pinckney to remark that the propositions which he suggested appeared to be substantially the same as those made by X and Y. The plenipotentiaries declared that they had no power to agree to a loan; and on the 18th of March Talleyrand made a formal reply to their note. In this reply he repeated the complaints concerning the interference with French prizes in the United States, and the admission of enemies' vessels to American ports, after they had captured property or ships belonging to French citizens; but he laid most stress on the questions raised by the Jay Treaty. After reviewing these matters at length he declared that the Executive Directory was "disposed to treat with that one of the three [plenipotentiaries] whose opinions, presumed to be more impartial, promise, in the course of the explanations, more of that reciprocal confidence which is indispensable.3 The plenipotentiary thus referred to was Gerry. On the 3d of April the three envoys, replying to Talleyrand's communications stated that none of them was authorized to take upon himself alone a negotiation. But, although Pinckney and Marshall left Paris without further delay, Gerry remained behind, alleging in justification of his course that the Directory wished him to stay, and that his departure against its 30th of May 1798 wrote to Gerry, declaring that intriguers had profited by the "insulated position" in which the envoys had kept themselves to make propositions the object of which evidently was to deceive them. He demanded to know the names of X, Y, and Z, and of the woman who was described as holding conversations with Pinckney. Gerry gave him the names of X, Y, and Z. The name of the lady he said he could not give, as she had not made any political communications to him. Y was a Mr. Bellamy; Z, a Mr. Hauteval. The name of X was given, but was not published. It is preserved in the Department of State. Z avowed himself. (Am. State Papers, For. Rel. II. 210, 211, 229.) 1 Am. State Papers, For. Rel. II. 182. 2 Id. 169-182. 3 Id. 188, 191. 4 Id. 191-199. 1 wishes might bring on an immediate rupture. He continued in Paris till the end of July 1798. His conferences with Talleyrand produced no result; and he was rebuked by his government, and directed to consider himself as positively recalled.2 As the reports of the envoys were from time to time Measures of Hostility. received, President Adams promptly communicated them to Congress. On the 14th of June 1798 the correspondence with Talleyrand was received, and on the 18th of the month it was communicated to Congress without comment. On the 23d of the preceding March the envoys had been instructed to demand their passports and return to the United States, if, on the receipt of the instructions, persons with full and equal powers should not have been authorized to treat with them. The arrival of Marshall in the United States conveyed the intelligence that the envoys had been compelled to anticipate their instructions. On the 21st of June the President congratulated Congress on Marshall's arrival, and declared, "I will never send another minister to France without assurances that he will be received, respected, and honored, as the representative of a great, free, powerful, and independent nation." The news of the manner in which the envoys had been treated, and of the character of the proposals with which they had been received, created a feeling of great indignation. Measures to put the country in a condition for war were immediately adopted. On June 13, 1798, before the reception of the correspondence between Talleyrand and the envoys, the President approved an act to suspend commercial intercourse between the United States and France and her dependencies. On the 22d of June, acts were passed to increase the naval armament of the United States, and to amend an act of the 28th of May, authorizing the President to raise a provisional army. In quick succession other acts were passed to authorize the arrest and expulsion of aliens; to authorize the defense of merchant vessels of the United States against French depredations; to protect the commerce and coasts of the United States; to augment the army of the United States; and to enable the President to borrow money. On the 7th of July the President approved an act by which it was declared that, as the treaties between the two countries had been repeatedly violated by France, the just claims of the United States for reparation refused, and their attempts to negotiate an amicable adjustment repelled with indignity; and as there was still being pursued against the United States, under the authority of the French Government, a system of predatory violence, in conflict with the treaties and hostile to the. rights of a free and independent nation, the United States were "of right freed and exonerated from the stipulations of the treaties, and of the con 8 1 Am. State Papers, For. Rel. II. 199. 2 Am. State Papers, For. Rel. II. 204. 4Id. 558, 569. 5 Id. 570, 577. 6 Id. 572. *Id. 574. 8 Id. 604. 9 Id. 607. 6 sular convention," and that these compacts should "not henceforth be regarded as legally obligatory on the government or citizens of the United States." At the next session of Congress the commercial intercourse between the United States and France was further suspended;1 authority was given to the President to exchange or send away French citizens who had been or might be captured and brought into the United States; 2 provision was made for augmenting the army; and various other acts were adopted in relation to the hostilities which Congress had authorized. The command in chief of the army was offered to Washington and accepted by him. On the 21st of August 1798 the Attorney-General of the United States advised the Secretary of State that, taking into consideration the acts of the French republic toward the United States, and the legislation adopted by Congress at its preceding session, he was of opinion that there not only existed an actual maritime war between France and the United States, but a maritime war authorized by both nations.3 The storm which the treatment of the envoys raised Talleyrand's Overtures. in America doubtless was more violent than Talleyrand had anticipated; and when he heard of the declaration of President Adams and of the measures adopted by Congress, he sought to restore diplomatic relations. To that end he instructed the French secretary of legation at the Hague to inform Mr. Vans Murray, then minister of the United States at that capital, in the words of President Adams, that "whatever plenipotentiary the Government of the United States might send to France, in order to terminate the existing differences between the two countries, he would undoubtedly be received with the respect due to the representative of a free, independent, and powerful nation." 4 On receiving this overture President Adams, on the Mission of Ellsworth, 25th of February 1799, nominated to the Senate Chief Davie, and Murray. Justice Ellsworth, Patrick Henry, and Mr. Murray as envoys extraordinary and ministers plenipotentiary to the French republic, with full power to discuss and settle all controversies between the two governments. Mr. Henry being unable to accept the position by reason of advancing age, Governor William R. Davie, of North Carolina, was substituted in his place. Instructions. The instructions of these plenipotentiaries were signed by Timothy Pickering, as Secretary of State, and bore date of the 22d of October 1799.5 They required, as the indispensable condition of a new treaty, a stipulation for compensation for "all captures and condemnations" contrary to the law of nations and to the treaty of amity and commerce of 1778, while the latter "remained in force," and especially for such as were "made and pronounced "1. Because the vessel's lading, or any part thereof, consisted of provisions or merchandise coming from England or her possessions. 1 Stats. at L. 613. 21 Stats. at L. 624. 3 Opinions of the Attorneys-General, I. 84. 4 Am. State Papers, For. Rel. II. 242. 6 Id. 306. |