No. 5. Paris, January 8, 1798. DEAR SIR,-We embrace an unexpected opportunity to send you the 'Redacteur' of the fifth instant, containing the message of the Directory to the Council of Five Hundred, urging the necessity of a law to declare as good prize, all neu. tral ships having on board merchandises and commodities, the production of England, or of the English possessions, that the flag, as they term it, may no longer cover the property :And declaring further, that the ports of France, except in case of distress, shall be shut against all neutral ships, which, in the course of their voyage shall have touched at an English port. A commission has been appointed to report on the message, and it is expected that a decree will be passed in conformity to it. Nothing new has occurred since our last, in date of the 24th, ultimo. We can only repeat that there exists no hope of our being officially received by this government, or that the objects of our mission will be in any way accomplished. We have the honour to be, &c. CHARLES C. PINCKNEY, J. MARSHALL, E. GERRY, Timothy Pickering, Esq. Postscript to a triplicate of the Envoys' letter, No. 5, received March 30, 1798. The law abovementioned has been passed unanimously by the Council of Five Hundred, and we enclose a journal containing the account. There is no doubt, but that it will be adopted, without opposition, by the Council of Ancients. TRANSLATION. Message to the Council of Five Hundred, of the 15th Nivose, 6th year, Jan. 4, 1798. Citizens Representatives,-On this day, the fifteenth of Nivose, and at the very hour at which the Executive Directory addresses this message to you, the municipal administrators, the justices of the peace, the commissaries of the Directory, and the su perintendents of the customs, are proceeding, in all the chief places of the departments, in all the ports, and in all the prin cipal communes of the republick, to seize the English merchandise now in France, or introduced into its territory in contravention of the law of the tenth Brumaire, fifth year, (Oct. 31st, 1796.) Such is the first act by which, now that peace is given to the continent, the war declared long since against England, is. about to assume the real character which becomes it. The French will not suffer a power, which seeks to found its prosperity upon the misfortune of other nations, to raise its com. merce upon the ruin of that of other states, and which, aspiring to the dominion of the seas, wishes to introduce, every where, the articles of its own manufacture, and to receive nothing from foreign industry-any longer to enjoy the fruit of the guilty speculations. The English government has kept in pay, during the war, the coalesced forces with the produce of its manufactures. It has violated all the principles of the law of nations, in order to shackle the relations of neutral powers; it has caused to be seized the provisions, corn, and commodities, which it supposed to be destined for France : it has declared contraband every thing which it thought could be useful to the Republick-It desired to starve it. All the citizens call for vengeance. When it had to fear the capture of vessels sailing under its flag, it corrupted foreign captains to induce them to take on board their vessels English merchandise, and thus to introduce it, by stratagem, by fraud, or otherwise, into other states, and especially into the French Republick. The neutral powers should have perceived, that, by this conduct, their merchants took part in the war, and that they lent assistance to one of the belligerent powers. We serve a party, as well when we procure for it the means of augmenting its forces, as when we unite ourselves to those which it has. The neutral powers should have perceived, that England, by stopping the vessels of other powers, laden in their respective ports, and destined for France, by permitting articles coming from her own manufactories alone to circulate, aimed at an exclusive commerce, and that it would be necessary to seek reparation for such an attempt. The ordinance of the marine, and the regulation of 1704, have declared lawful prize, the vessels and their cargoes in which is found English merchandise belonging to enemies. These provisions should be extended. The interest of Europe requires it. The Directory thinks it urgent and necessary to pass a law, declaring, that the character of vessels, relative to their quality of neutral or enemy, shall be determined by their cargo, and the cargo shall be no longer covered by the flag in consequence, that every vessel found at sea, having on board English provisions and merchandise as her cargo, in whole or in part, shall be declared lawful prize, whosoever may be the proprietor of these provisions or merchandise; which shall be reputed contraband, for this cause alone, that they come from England or her possessions. It would be useful to declare, at the same time, that except in the case of distress, the ports of the Republick shall be shut to all foreign vessels, which, in the course of their voyage, shall have entered those of England. The Executive Directory requests you, citizens representa. tives, to adopt these measures. No neutral or allied power can mistake their object, nor complain of them, unless it be already abandoned to England. The infallible effect of the measure is to enhance the value of the produce of their own soil and industry, to increase the prosperity of their commerce, to repel every thing that comes from England, and essentially to influence the conclusion of the war. Such are the motives which induce the Executive Directory to invite you, citizens representatives, to take the object of this message into the most prompt consideration. P. BARRAS, President. Plan of a Decree reported by M. Villers to the Council of Five Hundred, in its sitting of the 11th of January, 1798, translated from a Paris paper, entitled Journal du Soir, of the same day, enclosed in the triplicate of the Envoys' letter, No. 5, dated January 8, 1798. "1st. THE character of a vessel, relative to the quality of neuter or enemy, is determined by her cargo. "In consequence, every vessel loaded in whole or in part with English merchandise, is declared lawful prize, whoever the owner of the said merchandise may be. "2d, Every foreign vessel which, in the course of her voyage, shall have entered an English port, shall not enter France, except in case of distress: she shall depart thence as soon as the causes of her entry shall have ceased." This decree was immediately and unanimously adopted. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS. MARCH 19, 1798. THE despatches from the Envoys Extraordinary of the United States to the French Republick, which were mentioned in my message to both houses of Congress of the fifth instant, have been examined and maturely considered. While I feel a satisfaction in informing you, that their exertions for the adjustment of the differences between the two nations, have been sincere and unremitted, it is incumbent on me to declare, that I perceive no ground of expectation, that the objects of their mission can be accomplished on terms compatible with the safety, honour, or the essential interests of the nation. This result cannot, with justice, be attributed to any want of moderation on the part of this government, or to any indisposition to forego secondary interests, for the preservation of peace. Knowing it to be my duty, and believing it to be your wish, as well as that of the great body of the people, to avoid, by all reasonable concessions, any participation in the contentions of Europe, the powers vested in our Envoys were commensurate with a liberal and pacifick policy, and that high confidence which might justly be reposed in the abilities, patriotism, and integrity of the characters to whom the negotiation was committed. After a careful review of the whole subject, with the aid of all the information I have received, I can discern nothing which could have ensured, or contributed to success, that has been omitted on my part, and nothing further which can be attempted, consistently with maxims for which our country has contended, at every hazard, and which constitute the basis of our national sovereignty. Under these circumstances, I cannot forbear to reiterate the recommendations which have been formerly made, and to exhort you to adopt, with promptitude, decision and unanimity, such measures as the ample resources of the country afford, for the protection of our seafaring and commercial citizens; for the defence of any exposed portions of our territory; for replenishing our arsenals, establishing foundries and military manufactories; and to provide such efficient revenue, as will be necessary to defray extraordinary expenses, and supply the deficiencies which may be occasioned by depredations on our commerce. The present state of things is so essentially different from that in which instructions were given to collectors to restrain vessels of the United States from sailing in an armed condition, that the principle on which those orders were issued, has ceased to exist: I therefore deem it proper to inform Congress, that I no longer conceive myself justifiable in continuing them, unless in particular cases, where there may be reasonable ground of suspicion that such vessels are intended to be employed contrary to law. In all your proceedings, it will be important to manifest a zeal, vigour and concert, in defence of the national rights, proportioned to the danger with which they are threatened. JOHN ADAMS. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS. APRIL 3, 1798. In compliance with the request of the House of Representatives, expressed in their resolution of the 2d of this month, I transmit to both Houses, those instructions to, and despatches from, the Envoys Extraordinary of the United States to the French Republick, which were mentioned in my message of the 19th of March last, omitting only some names, and a few expressions descriptive of the persons. I request that they may be considered in confidence, until the members of Congress are fully possessed of their contents, and shall have had opportunity to deliberate on the consequences of their publication; after which time I submit them to your wisdom. JOHN ADAMS. Instructions to Charles Cotesworth Pinckney, John Marshall, and Elbridge Gerry, Esquires, Envoys Extraordinary and Ministers Plenipotentiary, from the United States of Ame rica to the French Republick. GENTLEMEN,-It is known to you, that the people of the United States of America entertained a warm and sincere affection for the people of France, ever since their arms were united in the war with Great Britain, which ended in the full and formal acknowledgment of the independence of these States. It is known to you, that this affection was ardent, when the French determined to reform their government and establish it on the basis of liberty; that liberty in which the people of the United States were born, and which in the conclusion of the war above mentioned was finally and firmly secured. It is known to you, that this affection rose to enthusiasm, when the war was kindled between France and the powers of Europe, which were combined against her for the avowed purpose of restoring the monarchy; and every where vows were heard for the success of the French arms. Yet during this period France expressed no wish that the United States should depart from their neutrality. And while no duty required us to enter into the war, and our best interests urged us to remain at peace, the government determined to take a neutral station: which being taken, the duties of an impartial neutrality became indispensably binding. Hence the government early proclaimed to our citizens the nature of those duties and the consequences of their violation. The minister of France, Mr. Genet, who arrived about this time, by his publick declarations, confirmed the idea, that France did not desire us to quit the ground we had taken. His measures, however, were calculated to destroy our neutrality and to draw us into the war. The principles of the proclamation of neutrality, founded on the law of nations, which is the law of the land, were afterwards recognised by the National Legislature, and the observance of them enforced by specifick penalties, in the act of Congress passed the 5th of June, 1794. By these principles. |