another quarter. Nothing has ever been said to any officer of our Government by the ministers of France which required attention until the 9th day of April last, when Mr. Fawchet communicated to me a part of his instructions, indirectly but plainly making a wish for your recall. In a few days afterwards a letter was received from the executive provisory council expressive of the same wish. Mr. Fawchet was answered by me, under the direction of the President, as I am sure your good sense will think inevitable, that the act of reciprocity demanded should be performed.' (See supra, § 84.)

"Washington wrote Morris, when his successor went out, I have so far departed from my determination as to be seated in order to assure you that my confidence in and friendship and regard for you remain undiminished, and it will be nothing new to assure you that I am always and very sincerely, yours, affectionately;' and when his correspondence was called for by the Senate, Washington himself, in association with Hamilton and Randolph, went over it (and it was voluminous) in order that nothing might be communicated which would put in peril those who had given him information, or which would react upon him in France. (See supra, §§ 84, 107.)

*

*

"Monroe succeeded Morris, and on the 12th of February, 1795, wrote: Upon my arrival here I found our affairs in the worst possible situation. The treaty between the two Republics was violated. Our commerce was harassed in every quarter and in every article, even that of tobacco not excepted. Our former minister was not only without the confidence of the Government, but an object of particular jealousy and distrust. In addition to which it was suspected that we were about to abandon them for a connection with England, and for which purpose principally it was believed that Mr. Jay had been sent there.' (See supra, § 85.)

"Monroe's and Jay's services commenced nearly simultaneously. Monroe's commission was dated the 28th of May, and Jay's the 19th of April, 1794. Jay's treaty was proclaimed the 29th of February, 1796. Monroe was not recalled until the 22d of the following August, but the angry correspondence which preceded his recall may be said to have been caused by a radical difference of opinion respecting his colleague's mission to London.

"The course of the French was giving rise to many claims: For spoliations and maltreatment of vessels at sea, for losses by the embargo at Bordeaux, for the non-payment of drafts drawn by the colonial admin. istrations, for the seizure of cargoes of vessels, for non-performance of contracts by Government agents, for condemnation of vessels and their cargoes, in violation of the provisions of the treaties of 1778, and for captures under the decree of May 9, 1793. Skipwith, the consul-general of the United States in France, was directed to examine into and report upon these claims. His report was made on the 20th November, 1795.

6

"On the 9th of September, 1796, Charles Cotesworth Pinckney wast sent out to replace Monroe, with a letter from the Secretary of State, saying, The claims of the American merchants on the French Republic are of great extent, and they are waiting the issue of them, through the public agents, with much impatience. Mr. Pinckney is particularly charged to look into this business, in which the serious interests, and, in some cases, nearly the whole fortunes of our citizens are involved.' But the directory, early in October, 1793, recalled their minister from the United States. Before Pinckney could arrive in France, they, in

order to strike a mortal blow, at the same moment, to British industry and the profitable trade of Americans in France, promulgated the famous law of the 10th Brumaire, year 5 (31st October, 1786), whereby the importation of manufactured articles, whether of English make or of English commerce, was prohibited both by land and sea throughout the French Republic;' and, on his arrival, they informed Monroe that the directory would no longer recognize or receive a minister plenipotentiary from the United States until after a reparation of the griev ances demanded of the American Government, and which the French Republic has a right to expect.'

"Pinckney was thereupon ordered to quit France under circumstances of great indignity, and Monroe took his formal leave on the 30th December, 1796. (See supra, § 85.)

"The executive directory, on the 2d of March, 1797, decreed that all neutral ships with enemy's property on board might be captured; that enemy's property in neutral bottoms might be confiscated; that the treaty of 1778 with the United States should be modified by the operation of the favored-nation clause, so as to conform to Jay's treaty, in the following respects: (1) That property in American bottoms not proved to be neutral should be confiscated; (2) That the list of contraband of war should be made to conform to Jay's treaty; (3) that Americans taking a commission against France should be treated as pirates, and that every American ship should be good prize which should not have on board a crew-list in the form prescribed by the model annexed to the treaty of 1778, the observance of which was required by the 25th and 27th articles. The 25th article made provision for a passport and for a certificate of cargo. The 27th article took notice only of the passport, and the model of the passport only was annexed to the treaty. The treaty required that the passport should express the name, property, and bulk of the ship, and the name and place of habitation of the master, but it made no provision respecting the crew-list. After the adoption of the Constitution, Congress, by general laws, made provision for national official documents for proof of, among other things, the facts referred to in the 25th and 27th articles of the treaty with France. The name of the ship was to be painted on her stern, and to be shown in the register; her ownership was to be proven on oath, and be stated in the register, and her tonnage was to be stated in the same instrument, as the result of our official survey. Equally cogent laws were made to insure an accurate crew-list. It is probable, therefore, that when the decree of March 2, 1797, was made there was not an American ship afloat with the required documents; and it is equally probable that the French Government, which, with the whole civilized world, had acquiesced in the sufficiency of the new national system, knew that to be the fact. The decree was, therefore, equivalent in its operation to a declaration of maritime war against American commerce. The United States had at that time no navy against which such a war could be carried on. *

"President Adams, in his speech at the opening of the first session of the Fifth Congress (May 16, 1797), said: 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 towards 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 fellowcitizens 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 spirit of fear and sense of inferiority, fitted to be the miserable instruments of foreign influence, and regardless of national honor, character, and interest.

典

"The diplomatic intercourse between the United States and France 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 treaty will be laid before you.

"While we are endeavoring to adjust all of our differences with France, by amicable negotiations, the progress of the war in Europe, the depredations on our commerce, the personal injuries to our citizens, and general complexion of affairs, render it my indispensable duty to recommend to your consideration effectual measures of defense.

"It is impossible to conceal from ourselves, or the world, what has been before observed, that endeavors have been employed to foster and establish a division between the Government and the people of the United States. To investigate the causes which have encouraged this attempt is not necessary. But to repel, by decided and united counsels, insinuations so derogatory to the honor, and aggressions so dangerous to the Constitution, Union, and even independence of the nation, is an indispensable duty.

"The answer of the House to this speech was in a conciliatory spirit; and on the first of the following June Congress yielded so far as to pass a law providing for passports for ships and vessels of the United States. "Congress adjourned on the 10th of July. On the 13th President Adams commissioned Charles Cotesworth Pinckney, John Marshall, and Elbridge Gerry as envoys to proceed to France and endeavor to renew the relations which had been so rudely broken by the directory. Their instructions will be found in the 2d volume of the folio Foreign Relations, pages 153 ff. Among other matters they were to secure an adjustment of the claims for spoliations of citizens of the United States, by this time amounting to many millions of dollars.

6

"They arrived in Paris on the evening of the 4th of October, 1797, and at once notified the foreign minister of their presence and requested an interview. Instead of receiving them, three gentlemen, who have become known in history as X, Y, and Z, waited upon them at various times, sometimes singly and sometimes together, and claimed to speak for Talleyrand and the directory. They told the envoys that they must pay money, a great deal of money;' and when they were asked how much, they replied fifty thousand pounds sterling' as a douceur to the directory, and a loan to France of thirty-two millions of Dutch florius. They said that the passages in the President's speech which are quoted above had offended the directory, and must be retracted, and they urged upon the commissioners in repeated interviews the necessity of opening the negotiations by proposals to that effect.

"The American commissioners listened to their statements, and after consultation determined that they should hold no more indirect inter

course with the Government. They addressed a letter to Talleyrand on the 11th of November, informing him that they were ready to nego tiate. They got no answer; but on the 14th of December X appeared again, on the 17th Y appeared, and on the 20th a lady, who is well acquainted with M. Talleyrand,' talked to Pinckney on the subject; still they got no answer from Talleyrand, and on the 18th of January they read the announcement of a decree that every vessel found at sea loaded with merchandise, the production of England, should be good prize. Though unrecognized, they addressed an elaborate letter on the 27th of January, 1798, to Talleyrand, setting forth in detail and with great ability the grievances of the United States. On the 2d of March they had an interview with him. He repeated that the directory had taken offense at Mr. Adams's speech, and added that they had been wounded by the last speech of President Washington. He complained that the envoys had not been to see him personally; and he urged that they should propose a loan to France. Pinckney said that the propositions seemed to be those made by X and Y. The envoys then said that they had no power to agree to make such a loan. On the 18th of March Talleyrand transmitted his reply to their note. He dwelt upon Jay's treaty as the principal grievance of France. He says he will content himself with observing, summarily, that in this treaty everything hav ing been calculated to turn the neutrality of the United States to the disadvantage of the French Republic, and to the advantage of England; that the Federal Government having in this act made to Great Britain concessions the most unheard of, the most incompatible with the interests of the United States, the most derogatory to the alliance which subsisted between the said States and the French Republic, the latter was perfectly free, in order to avoid the inconveniences of the treaty of London, to avail itself of the preservative means with which the law of nature, the laws of nations, and prior treaties furnish it.' He closed by stating that notwithstanding the kind of prejudice which has been entertained with respect to them, the executive directory is disposed to treat with that one of the three whose opinions, presumed to be more impartial, promise, in the course of the explanations, more of that reciprocal confidence which is indispensable.'

"Gerry was the member referred to. The three envoys answered that no one of the three was authorized to take the negotiation upon him. self. Pinckney and Marshall then left Paris. Gerry remained. Talleyrand tried to induce him to enter into negotiations for a loan to France, but he refused. Before he left Paris a mail arrived from America bringing printed copies of the dispatches of the envoys, with accounts of their interviews with X, Y, and Z, and the lady.' Talleyrand at once asked Gerry for the four names. Gerry gave him the name of Y, Mr. Bellamy, and Z, Mr. Hautval, and said that he could not give the lady's name, and would not give X's name. The name of X is preserved in the Department of State. Gerry left Paris on the 26th July, 1798. "The President transmitted to Congress the reports of the envoys as fast as they were received; and when he heard of Marshall's arrival in America he said to Congress, 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 statutes of the United States show the impression which the news made upon Congress. The 'act to provide an additional armament for the further protection of the trade of the United States, and for other purposes,' is the first of a series of acts. It was passed in the

House amid great excitement. Edward Livingston, who closed the debate on the part of the opposition, said, 'Let no man flatter himself that the vote which has been given is not a declaration of war. Gentlemen know that this is the case. This was followed in the course of a few weeks by acts organizing a Navy Department; for increasing or regulating the Army; for purchasing arms; for construction of vessels; for authorizing the capture of French vessels; for suspending all intercourse with France; for authorizing merchant-vessels to protect themselves; for abrogating the treaties with France; for establishing a marine corps, and for authorizing the borrowing of money. In the next session of Congress further augmentation of the Navy and of the Army was made; the suspension of intercourse was prolonged, and provis ions were made for restoring captured French citizens, and for retaliations in case of death from impressments." (See infra, §§ 248, 335.)

"It was on the 21st of June that President Adams informed Congress of the terms on which alone he would be willing to send a new minister to France. Talleyrand immediately opened indirect means of communication with the American Cabinet through Murray, the American minister at The Hague, and on the 28th of September he sent word through Pichon, the French secretary of legation at the same place, 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 be undoubtedly received with the respect due to the representative of a free, independent, and powerful nation.' To this proffer, embodying the language of the President's message to Congress, the President replied by empowering Chief Justice Ellsworth, Mr. Davie, and Mr. Murray to discuss and settle, by a treaty, all controversies between the United States and France.' (See this action discussed, supra, § 83.)

"When these envoys arrived in France they found that the directory had been overthrown, and they had to deal with Bonaparte as First Consul. They succeeded in restoring good relations. An account of their negotiations will be found in the 2d volume of the folio edition of the Foreign Relations, pages 307 to 345. Their instructions required them to secure, (1) A claims commission; (2) abrogation of the old treaties; (3) abolition of the guarantee of 1778; (4) no agreement for a loan; (5) no engagements inconsistent with prior treaties, meaning, doubtless, Jay's treaty; (6) no renewal of the peculiar jurisdiction conferred on consuls by the convention of 1788; (7) duration of a treaty not to exceed twelve years.

"The negotiators exchanged their powers on the 7th of April, 1800, and concluded a treaty on the 30th of the following September, which (1) declared that the parties could not agree upon the indemnities; (2) nor as to the old treaties; (3) and consequently was silent respecting the guarantee; but (4) made no provisions for a loan; (5) made no engagements inconsistent with prior treaties; (6) did not renew the objectionable consular provisions, and (7) no limitation was set to its operation.

"When it was submitted to the Senate that body advised its ratification, provided the second article concerning indemnities should be expunged, and that the convention should be in force for eight years from the date of the exchange of the ratifications. The French Government assented to the limitation of the duration of the treaty, and to the expunging of the 2d article, upon condition that it should be understood that thereby each party renounced the pretensions which were the objects of the article; which was assented to by the Senate.