P. S. The Africa has just anchored at Cononicut ferry; she was driven in by stress of weather. Her late conduct gives her a great claim to the enjoyment of the most sacred hospi tality of the Americans.

No. 155.

Mr. Pichon to Mr. Fauchet. Newport, 15th Thermidor, 3d year of the Republick, 2d August, 1795.

CITIZEN, I cannot but felicitate you on the resolution you took yesterday of setting off with your papers from Stonington for this city by land. The information you had received of the design formed by the English for intercepting the sloop on board of which you had embarked, and seizing you and your papers is verified, I acknowledge, in a manner calculated to render me less confident in the apparent safety of our passage, and I have reason to repent my not having followed you with citizen Bournonville. This disaster, however, has happily cost me but a few moments of disquietude, and moreover given me an opportunity of seeing the proceedings of the English on this occasion in all their minutiæ, and of tracing the motives to their source.

You have doubtless already heard by publick report of the arrestation of the sloop Peggy, by the English ship Africa, in sight of the fort at Newport. Immediately on my arrival in this city, I had the proper steps taken for obtaining before a proper officer the declaration of captain Bliss, and of the passengers whom I could collect. I found I had been anticipated in this by Mr. Martin, commandant of the militia of this county. This officer had already taken measures for the same object, with the view of directly informing the general government of what had taken place, according to the circular orders expedited by the President of the United States to the executives of the different States. I thought it my duty, however, to take a copy of captain Bliss's and the passenger's deposition, certified by a notary publick, among the number of whom you will find my signature. I have the honour to send you this copy, which I took expressly to transmit to you.

The principal facts are established completely in the affidavit. I am sorry the dispersion of the passengers who are already either scattered through the city, or set out for Provi dence and Boston, did not allow a greater number of signatures. However, the authenticity of the deposition will probably not be contested: if it should, the rest of the passengers, who are all citizens of Philadelphia, New York and Boston, might still be called upon as evidence.

On my part, I have nothing very particular to add to this declaration : however, as I have, according to your orders, carefully observed every thing that passed on this occasion, I shall report some circumstances which may be more particularly interesting to you.

The Africa's boats had some arms. The officers had their swords, and one or two pair of pistols in the stern of each boat. This circumstance added to the firing of a cannon at us loaded with ball, and to our observing when near the vessel several pieces pointed, sufficiently show the intention of the commander,, if we had endeavoured to avoid him or to gain the land.

When the search in the cabin was finished, they went to the hold. They desired the captain to point out our effects. He answered that he did not know the passengers' baggage. I then advised your servant to deny his having the keys, in case they should ask him for them. However on hearing the officers, who commanded the party say that they would break open your trunks, and reflecting that resistance would only augment suspicion, I desired him to go down and open them. The two of which he had the keys were examined with the exactness of an excise officer endeavouring to discover contraband goods. The whole was overturned and ransacked. During this operation it was mentioned that the papers were all they wanted, and in a low tone of voice they felicitated themselves at having found them. They took from one of the trunks a bundle of papers, which I supposed to be letters for individuals. The officers finding nothing more, inquired for two other trunks, observing, it was known that Mr. Fauchet had embarked four trunks at New York. In the search for them they met with a trunk belonging to citizen Chabert. They found his papers relative to his commanding the Argonaut belonging to the India company, and also the ship called the Citizens of Marseilles. His journals, his charts, some signals, papers concerning his affairs, letters addressed to divers persons in France, all these appeared important to the officers who judged in the gross from the appearances, but were otherwise ignorant of the French languagethe whole was thrown into a handkerchief and set apart. They then came to my largest trunk. I had hitherto remained unknown. The owner was asked for-I kept at a distance, until finding that they were going to break it open, I went down with the key. They untied every bundle of papers, overturned the whole, without however being able to read any. I observed to these gentlemen that their avowed object being to seize despatches, they should not so freely overturn papers which were neither sealed nor covered. They replied by several observations more or less ridiculous, which showed their ignorance of the French language, and ended by the most conclusive reason, that such was the fortune of war. As you will observe in the affidavit how the scene terminated, I omit repeating it here.

I had decided to follow my papers on board the Africa, if they had taken them there, in order to assist at so insolent an inspection. The only fear I had, was that of being detained a prisoner. Besides I suppose, from the hasty manner in which the search ended, that they were ashamed for having been so minute in it when they found that you had gone off with your papers.

I take the liberty to finish this letter by observing to you, that the English consul dined on that day on board the Africa, and was there during the detention of the packet boat. This circumstance characterizes the infraction of which you were to have been the victim; it bespeaks the intervention of a superior authority who would in vain mask himself under the ignorance of the publick law among seafaring people or under the cloak of a mere feigned indignation. It is said that the English consul will explain this intervention fully. Salut and fraternity, PICHON.

True copy,

JH. FAUCHET.

True copy of the original, P. A. ADET.

No. 156.

TRANSLATION.

The Minister Plenipotentiary of the French Republick, near the United States, to Mr. Randolph, Secretary of State of the United States. Philadelphia, 2d Fructidor, 3d year of the French Republick, one and indivisible, (19th August, 1795. 0. S.)

SIR,-I informed you by my letter of the 10th August (old style) of the insult committed by the English ship of war Africa on the neutrality of the United States and the law of nations. I requested from you a reparation proportioned to the outrage committed towards the Republick of France on the person of my predecessor. I requested it in the name of justice, in the name of the friendship which unites our two countries; I had every reason to expect it: From what fatality is it, sir, that the captain of the Africa, whose injurious proceedings are known, still finds an asylum in the ports of the United States?-insults by his menaces the authority of your country-and dares to claim the same advantages enjoyed by the French frigate Medusa at Newport, and preserves his station in the middle of the entrance of that port? He will without doubt not quit this station unless it be to pursue the frigate Medusa, notwithstanding the law of nations, and the proclamation of the President of the United States, which prohibit all vessels of war from going out of the ports of the United States, or from using them as a station in

order to cruise against enemy vessels. Can any other design be imputed to the Africa, and are not the friendship which the United States bear to France-the respect due to their neutrality-the honour of their government and their laws equally interested in preventing the Africa from consummating the new attempt which she meditates, if not arrested, in your ports? Should she not be ordered to quit them? If not of what value are the friendship and treaties which connect the people? What would you wish the French Republick to think of the intentions of the government of the United States, when on the one hand, an English vessel exercising an open robbery in the waters of your States, enjoys an asylum, an hospitality due only to friends? And on the other a French ship of war comes into your ports under the guaranty of the law of nations, of your neutrality, and of our treaties, is arrested and seized in contempt of these same treaties—when the law of nations, the honour of the United States are unattended to by the English who insult them; and when our treaties are violated for the purpose of satisfying the indiscreet demand of a single individual.

That the new treaty connecting the United States with England cannot weaken ours, you have assured me, sir; you have told me that the intentions of the President were firm in this respect, and I have never doubted it. That treaty you have always affirmed cannot destroy the good dispositions of the American government towards France; are those dispositions and your promises ineffectual? I cannot believe it. I rather flatter myself that the present circumstances will convince me that I am not deceived, and that the Republick will have a positive proof of that friendship of which it has so often received assurances. In this persuasion I flatter myself that you will take the necessary measures in order to prevent the Africa from using your ports as a station whence to cruise on the French frigate Medusa, referring moreover to my letters of the 9th, 11th and 18th August (old style) I reiterate to you my application as to the corvette le Cassius arrested in your ports in violation of our treaties, and I notify you that if I do not speedily obtain justice, I shall abandon this vessel to the American government, to its risk, reserving the right to future claim, and I shall refer the matter to my government. Accept, sir, &c. P. A. ADET.

No. 157.

Mr. Pickering, Secretary of War, charged with the Department of State, to Mr. Adet, Minister Plenipotentiary of the French Republick. Department of State, Sept. 5, 1795.

SIR, On the 25th ultimo I had the honour to inform you (in answer to your letter of the 19th) that the violation of the laws

of nations by the British ship of war Africa, in the instance to which you referred, had engaged the attention of the government of the United States; at the same time mentioning some circumstances which might have caused delays.

To maintain the character of fairness and impartiality with which the President desired that all the acts of his administration might be marked, he was willing to allow full time for any representations and explanations which captain Home, the commander of the Africa, might think proper to make: that time has elapsed, and none have been received. On the contrary, some recent acts show that he has repeated his aggressions. The President has, therefore, now determined to pursue such measures as are in his power, to vindicate the sovereignty, and rights of the United States. And as a principal aggression was committed by captain Home, in the attempt made to take your predecessor Mr. Fauchet, and his papers, it is just that you should receive the information I am going to communicate.

Governour Fenner is desired to transmit to captain Home the demand of the President of the United States, that he immediately remove from a station within their jurisdiction, where he has violated, and continues to violate, their rights. The governour is also desired to make known to captain Home that after forty-eight hours from the time this requisition shall be communicated to him, all intercourse between the citizens of the United States and the ship under his command will be forbidden.

Further, a full statement of the conduct of that officer will be transmitted to the minister of the United States at London, to be laid before the British government for the purpose of obtaining reparation. I have the honour to be, &c.

TIMOTHY PICKERING.

No. 158.

Mr. Pickering to the Governour of Rhode Island. Department of State, Sept. 5, 1795.

SIR, The President of the United States, ever desirous of manifesting the fairness and impartiality of his administration, was not in haste to decide upon the conduct of captain Rodham Home, commander of the British ship of war Africa, for his violation of the sovereignty of the United States, as represented in the protest of Thomas Bliss, master of the sloop Peggy, sailing within the jurisdiction and under the flag of the United States; and for the menace and insulting demands in his letter of the 31st of July, addressed to Thomas William Moore, Esq. his Britannick majesty's vice consul in Rhode Island, and by him communicated to your excellency. Representations on this subject were made to his Britannick majesty's minister, and since his departure, to his charge des affaires, with an in