1798]

PRIZES

233

I asked him, what were his objections to the treaty; and to which he replied, as before, in general rather than in precise terms. p. 314.

For the best reason imaginable; because none could be urged that had any weight in them.

The courts of justice in the United States have taken, and continue daily to take, cognizance of prizes, which our privateers conduct into their ports, notwithstanding the express clause of the treaty, which prohibits it. p. 321.

Only in cases where the Captors have contravened the Treaty, acted contrary to the Law of Nations, or our own Municipal Laws.

The admission of English vessels of war into the ports of the United States, against the express stipulation of the 17th article of the treaty; that is to say, when they have made prizes upon the republic, or its citizens. p. 322.

A single instance only of a Prize being brot in is recollected, and against it strong remonstrance was made; without Prizes ships of war are not restrained by the Treaty.

The consular convention, which makes a part of our treaties, is equally unexecuted in two of its most important clauses: The first, which grants to our consuls the right of judging exclusively all controversies which take place between French citizens, has become illusory, from a defect in the law which gives to our consuls the means of executing their judgments. p. 322.

No interruption has been given to this. To carry their own judgmts into effect has constituted the difficulty, and in its nature is nearly impossible to do it.

The judges charged, by the law, to deliver mandats of arrest, have lately required the presentation of the original register of the equipage, in despite of the 5th article of the treaty, which admits in the tribunals of the two powers copies certified by the consuls.-p. 322.

This is the Fr. construction of the Art. The Judiciary of the U. States interprets it otherwise; over whom the Executive have no controul.

The arrestation in the port of Philadelphia, in the month of August, 1795, of the Captain of the Corvette Cassius, for an act committed by him on the high seas . . . violates moreover the right of nations, the most common; which puts the officers of public vessels under the safeguard of their flag. p. 322.

This arrestation was for an offence committed against the law of Nations and those of the United States, and has been explained over and over again. See the Secretary of States letter, 13th. of June p. 364.

The arrestation, in the waters of the United States, of the packet boat in which the minister sailed: The search made in his trunks, with the avowed object of seizing his person and his papers, merited an example.-P. 323.

What more could the US do than was done? See the Secy of States letter of Sep 14th 1795 p 292.

Third complaint. The treaty concluded in November, 1794, between the United States, and Great Britain. It would be easy to prove, that the United States, in that treaty, have sacrificed, knowingly and evidently, their connection with the republic; and the rights, the most essential and least contested, of neutrality. p. 323.

These are assertions upon false premises. Strange indeed would it be if the U. States could not make a treaty without the consent of the Fr. Govt. when that Treaty infracted no prior engagemt. but expressly recognizes and confirms them.

To sacrifice, exclusively to this power, the objects of which are necessary for the equipment and construction of vessels, is not this to depart evidently from the principles of neutrality?-p. 323.

They have given nothing, but left those principles precisely upon the ground they stood before the Treaty; with some explanations favourable to the U. States and not injurious to France. They have made nothing contraband that was not contraband before, nor was it in their power to obtain from G. B. a change, which the armed Neutrality (as it was called) could not when combined accomplish.

1798]

MONROE'S FAILURES

43

235

I have the pleasure to inform you, that . . . the directoire has done nothing . . . and . . . would do nothing. p. 235.

How strangely inconsistant are his Accts?

After this, Citizen Minister, the executive directory thinks itself founded, in regarding the stipulations of the treaty of 1778, which concern the neutrality of the flag, as altered and suspended in their most essential parts, by this act, and that it would fail in its duty, if it did not modify a state of things which would never have been consented to, but upon the condition of the most strict reciprocity.—p. 356.

From hence it follows, that if A makes a contract with B, and C will not make a similar one with him, B will not be bound by his contract although the cases are unconnected wh. each other.

You will observe, that in my reply to your complaints, I have heretofore confined myself strictly to the subject of those complaints; never going beyond them, to expose in return the injuries we have received from this Republic, in the course of the present war.-pp. 358, 359.

All this he ought to have done, and was instructed to do in the beginning, and had it been urged with firmness and temperance might have prevented the evils which have taken place

since.

Because I was disposed to yield every possible accommodation to your present exigencies that my duty would permit.-p. 359.

And a great deal more than his duty permitted.

I do not wish to be understood as assuming to myself the merit of this delay. p. 371.

By implication he has done this in a variety of Instances.

I well know, that I have done every thing in my power, and from the moment of my arrival to the present time, to promote harmony between the two republics, and to prevent this from taking any step which might possibly disturb it. p. 371.

That is, by not pressing the execution of the Treaty; and for compensation to our suffering Citizens. This, no doubt, was "The Secretary of State.

accommodating, and pleasing one party at the Expence of the other.

One of the members however observed, that the abandonment of the principle that free ships made free goods, in favor of England, was an injury of a very serious kind to France; and which could not be passed by unnoticed.-P. 374.

Did France expect that the U. States could compel G. Brit. to relinqh. this right under the Law of Nas: while the other Maritime Powers of Europe (as has been observed before) when combined for the purpose were unable to effect [it]? Why then call it an abandonmt.

He told me explicitly, they had no object with respect to Canada for themselves, but wished it separated from England: That they were not anxious about Louisiana, and if they took it, it would be only in case of a war between Spain and England . . . That, with respect to our interior, we had no cause to be uneasy; for there did not exist, in the breast of a member of the government, an intention to wish to disturb it. p. 377.

...

This is all external, and a flimsy covering of their designs. Why else send their emissaries through that country to inculcate different principles among the Inhabitants a fact that could be substantiated.

But, Citizen Minister, you know too well from what side the first blow was given to that friendship, which our two nations had sworn to. p. 390.

Yes Citizen and every one else who can read, are acquainted with facts, and your violations of our Rights under the Treaty knows it also!

It shall not be the fault of the executive directory, Citizen Minister, if the political relations between the two nations are not speedily reestablished on the footing they ought to be, and if the clouds, which cast a gloom on our alliance, be not dispelled, by frank and loyal explanations; to which it will be anxious to listen above all, Citizen Minister, when they shall be made through you.—p. 391.

1798]

PINE PLANK

237

The treatment of our Minister, Generl. Pickney, is a pretty evidence of this. The thot. of parting with Mr Monroe was insupportable by them! [HV.L.]

*TO ALEXANDER SMITH

Mount Vernon, April 3, 1798.

Sir: I am in want of Plank and Scantling as mentioned below. If you can supply me, the sooner I receive them the more convenient it will be for my purposes; and the money shall be paid on delivery. At any rate I pray you to let me know whether I may depend upon being supplied by you, and in how short a time, if you are able to do it. I am etc.

Plank-Pine

4,000 feet of Inch and quarter pine plank; 1500 of which to be 18 feet in length, for flooring, 800 to be in length, 8, 12, 16 and 20 feet, to suit particular work, the residue may be indiscriminate in length.

Beams 15 do 21 ft. do 5 by 4 do.