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"form of Dutch inscriptions, or in any other form, is not "within the limits of our instructions; upon this point, "therefore, the government must be consulted: one of the "American ministers will, for the purpose, forthwith em"bark for America: provided the Directory will suspend all "further captures on American vessels, and will suspend "proceedings on those already captured, as well where they "have been already condemned, as where the decisions have 66 not yet been rendered; and that, where sales have been "made, but the money not yet received by the captors, it "shall not be paid until the preliminary questions, proposed "to the ministers of the United States, be discussed and de"cided," which was read as a verbal answer; and we told them, they might copy it, if they pleased. M. Y. refused to do so his disappointment was apparent: he said, we treated the money-part of the proposition, as if it had proceeded from the Directory; whereas, in fact, it did not proceed even from the minister, but was only a suggestion from himself, as a substitute to be proposed by us, in order to avoid the painful acknowledgement that the Directory had determined to demand of us. It was told him, that we understood that matter perfectly; that we knew the proposition was in form, to be ours; but that it came substantially from the minister. We asked what had led to our present conversation? And General Pinckney then repeated the first communication from M. X. (to the whole of which, that gentleman assented) and we observed, that those gentlemen had brought no testimonials of their speaking any thing from authority; but that, relying on the fair characters they bore, we had believed them, when they said, they were from the minister, and had conversed with them in like manner, as if we were conversing with M. Talleyrand himself, and that we could not consider any suggestion M. Y. had made, as not having been previously approved of: but yet, if he did not chuse to take a memorandum in writing, of our answer, we had no wish, that he should do so: and further, if he chose to give the answer to his proposition, the form of a proposition from ourselves, we could only tell him, that we had no other proposition to make, relative to any advance of money on our part: that America had sustained deep and heavy losses by French depredations on our commerce, and that France had alleged so [many] complaints against the United States, that on those subjects we came fully prepared, and were not a little surprised to find France unwilling to hear us; and making demands upon us, which could never

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have been suspected by our government, and which had the appearance of our being the aggressing party. M. Y. expressed himself vehemently on the resentment of France; and complained, that instead of our proposing some substitute for the reparations demanded of us, we were stipulating certain conditions to be performed by the Directory itself; that he could not take charge of such propositions; and that the Directory would persist in its demand, of those reparations which he at first stated. We answered, that we could not help it it was for the Directory to determine, what course its own honour, and the interests of France required it to pursue: it was for us to guard the interests and honour of our country. M. Y. observed, that we had taken no notice of the first proposition, which was, to know, whether we were ready to make the disavowal, repararions and explanations, concerning the President's speech. We told him, that we supposed it to be impossible, that either he, or the minister, could imagine, that such a proposition could require an answer: that we did not understand it as being seriously expected; but merely as introductory to the subjects of real consideration.

He spoke of the respect which the Directory required, and repeated, that it would exact as much as was paid to the ancient Kings. We answered, that America had demonstrated to the world, and especially to France, a much greater respect for her present government, than for her former monarchy; and, that there was no evidence of this disposition, which ought to be required, that we were not ready to give. He said, that we should certainly not be received; and seemed to shudder at the consequences. We told him, that America had made every possible effort to remain on friendly terms with France; that she was still making them; that if France would not hear us, but would make war on the United States; nothing remained for us, but to regret the unavoidable necessity of defending ourselves.

The subject of our powers was again mentioned; and, we told him, that America was solicitous to have no more misunderstandings with any Republic, but especially with France; that she wished a permanent treaty, and was sensible, that no treaty could be permanent, which did not comport with the interests of the parties; and therefore, that he might be assured, that our powers were such as authorized us to place France on equal ground with England, in any respects in which an inequality might be supposed to exist at present between them, to the disadvantage of France. The subject of

the

the rôle d'équipage was also mentioned; and we asked what assurance could we have, if France insisted on the right of adding to the stipulations of our treaty, or of altering them by municipal regulations, that any future treaty we could make, should be observed. M. Y. said, that he did not assert the principle of changing treaties by municipal regulations, but that the Directory considered its regulation, concerning the rôle d'équipage, as comporting with the treaty. We observed to him, that none of our vessels had what the French termed a rôle d'équipage, and that if we were to surrender ail the property which had been taken from our citizens, in cases where their vessels were not furnished with such a rôle, the government would be responsible to its citizens, for the property so surrendered; since it would be impossible to undertake to assert, that there was any plausibility in the allegation, that our treaty required a rôle d'équipage.

The subject of disavowals, &c. concerning the President's Speech, was again mentioned; and, it was observed, that the Constitution of the United States, authorized and required our President to communicate his ideas on the affairs of the nation; that, in obedience to the Constitution, he had done so; that we had not power to confirm, or invalidate any part of the President's Speech; that such an attempt could produce no other effect, than to make us ridiculous to the government, and to the citizens at large, of the United States; and, to produce, on the part of the President, an immediate disavowal and recall of us as his agents: that, independent of this, all America was acquainted with the facts stated by the President; and our disavowing them, would not change the public sentiment concerning them.

We parted with mutual professions of personal respect, and with full indications, on the part of M. Y. of his expectation, that we should immediately receive the threatened

letter.

The nature of the above communication, will evince the necessity of secresy; and, we have promised Messrs. X. and Y. that their names shall, in no event, be made public. We have the honour to be, with great respect and esteem, your most obedient humble servants,

CHARLES COTESWORTH PINCKNEY,
J. MARSHALL,

E. GERRY.

P. S. October 27th, 1797. The Definitive Articles of Peace are signed between the French Republic and the Em

peror:

peror: the particulars you will find in the public prints. The Portuguese Minister is ordered to quit France, as the Treaty with Portugal has not been yet ratified by the Queen. The Treaty itself is declared by the Directory to be void. Since our arrival at Paris, the tribunal of cassation has rejected captain Scott's petition, complaining of the condemnation of his vessel by the civil tribunal, for the want of a rôle d'équipage. Mr... ........ in behalf of the owners of the American vessels, who have appealed in the last resort to the tribunal of cassation, informs, that notwithstanding all the arguments.... made use of . . . . put off the hearing of the Rosanna, as a diplomatic case, till the issue of our negotiations is known, that case is set down for hearing, and will come on the 29th or 30th inst. The same also says, that it is obvious, that the tribunal have received instructions from the officers of the government, to hasten their decisions, and that it was hardly worth while to ........ for all our petitions in cassation, would be rejected. Our advocates ... decline giving their sentiments on this subject under an appre hension of committing themselves.

........

...

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Colonel Pickering, Secretary of the United States,

to

Paragraphs of the PRESIDENT's Speech, referred to in Letter No. 1. under title of exhibit A.

I. With this conduct of the French government, it will be proper to take into view, the public audience, given to the late minister of the United States, on his taking leave of the Executive Directory. The speech of the President discloses sentiments more alarming than the refusal of a minister, because more dangerous to our independence and union; and, at the same time, studiously marked with indignities against the government of the United States. It evinces a disposition to separate the people of the United States from the government; to persuade them, that they have different affections, principles, and interests, from those of their fellow citizens, whom they themselves have chosen to manage their common concerns; and thus to produce divisions fatal to our peace. Such attempts ought to be repelled with a decision, which shall convince France, and the world, that we are not a degraded people, humiliated under a colonial sense of fear, fitted to be the miserable instruments of foreign

reign influence, and regardless of national honour, character, and interest.

II. The diplomatic intercourse between France and the United States, being at present suspended; the government has no means of obtaining official information from that country: nevertheless, there is reason to believe, that the Executive Directory passed a decree, on the 2d of March last, contravening in part, the treaty of amity and commerce of 1778, injurious to our lawful commerce, and endangering the lives of our citizens. A copy of this decree will be laid before you.

III. While we are endeavouring to adjust our differences with France, by amicable negotiation, the progress of the war in Europe, the depredations on our commerce, the personal injuries to our citizens, and the general complexion of affairs, Tender it my indispensable duty, to recommend to your consideration, effectual measures of defence.

IV. It is impossible to conceal from ourselves, or the world, what has been before observed, that endeavours have been employed to foster and establish a division between the government and people of the United States. To investigate the causes which have encouraged this attempt, is not necessary. But, to repel, by decided and united councils, insinuations so derogatory to the honour, and aggressions so dangerous to the constitution, union, and even independence of the nation, is an indispensable duty*.

* ANSWER OF M. BARRAS,

President of the Executive Directory, to the Speech of Mr. MONROE, on taking leave, to which the Speech of the President of the United States refers.

M.. le Ministre Plénipoten

tiaire des Etats-Unis d'Amérique,

En présentant aujourd'hui au Directoire Exécutif vos lettres de rappel, vous donnez à l'Europe une spectacle bien étrange.

La France, riche de sa liberté, entourée du cortège de ses victoires, fort de l'estime de ses alliés, ne s'abaissera pas à calculer les suites de la con

Mr. Minister Plenipotentiary of the United States of America,

By presenting to-day your letters of recall to the Executive Directory, you give to Europe a very strange spec. tacle.

France, rich in her liberty, surrounded by a crowd of victories, strong in the esteem of her allies, will not abase herself by calculating the conse

quences

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