United States, to which, in reason, that of France is holden for the reimbursement; the situation of these officers is truly deplorable."

Copy of a Letter from Levi Lincoln, Esq. acting as Secretary of State, dated Department of State, March 10th, 1801, City of Washington, to Mr. Letombe, late Consul General of France.

SIR,

I RECEIVED Yours of the 1st inst. The enclosed letter from the navy department is designed, in some degree, to meet the evils complained of. You will be pleased to seal and forward it. The necessary passports shall be furnished as soon as a vessel shall be engaged and freighted, and shall give the necessary information for that purpose to the office.

The port from which each vessel sails must be specified, the name of the master, her own name, and the port of her destination. I will request Mr. Thornton to supply you with such passports as you may apply for, who will be in Philadelphia at the time you may probably need them. Measures have been and are now taking to correct and remove every just cause of complaint to the French prisoners. If a loan of moneys should become necessary, it may be the subject of further consideration.

Be assured, sir, the American government will never stop short of the last reasonable exertion to secure justice, and the benefits of humane arrangements to the unfortunate.

[COPY.] The Secretary of the Navy, to Messrs. S. Higginson and Co. March 10, 1801.

You have already been instructed to deliver to the order of Mr. Letombe all the French prisoners under your care. Before the delivery you will furnish each person with such cheap clothing as shall be sufficient, with what he has, to inake him comfortable. Some of the officers who have been kept in the country on parole, represent that they *VOL. I. 12

have received no allowance from the government of the United States for their subsistence, and that they are distressed to pay the debts incurred for their maintenance. You will be pleased, in every such case, to pay to each offieer a sum of money equal to two dollars per week for the whole time he has lived at his own expense.

As soon as the prisoners are delivered, you will forward to the accountant of this department your whole account for expenses of French prisoners.

I have the honour, &c.

[COPY.] The Secretary of the Navy, to Messrs. S. Higginson and Co. March 14, 1801.

I REQUEST that you will, without delay, send to New York all the French prisoners under your care.

You will be pleased to supply them with provisions, and give a preference to the cheapest mode of conveyancethe expenses of which you will bring into your account against the United States, for maintenance, &c. of French prisoners. I have the honour, &c.

The Charge des Affaires of the French Republick to the Secretary of State, March 19, 1801.

THE undersigned, charge des affaires of the French Republick, has the honour to request the Secretary of State, that he will be pleased to make known to the President of the United States, the following facts and reflections, relating to the convention signed at Paris, the 9th Vendemaire, (30th Nov. last) by the ministers plenipotentiary of the two states. The object of this convention having been to do away a misunderstanding, unhappily too long continued, and equally opposed to the interests of both states, the First Consul of the Republick, who had nothing so much at heart, as to remove all remembrance of differences, which had occurred previous to his administration, did not wait till he could be informed that the federal

government would adhere to this treaty, before he performed those stipulations, which were to have effect, from the date of the signing of the treaty. It is in consequence of this eagerness, and of the entire confidence which he placed in the good faith of the government of the United States, that he has caused to be given to the council of prizes, directions respecting American cases depending before that council, conformable rather to the spirit than to the letter of this treaty; and has sent to all the establishments of the Republick beyond sea, instructions calculated not only to ensure full justice for the past, in a manner consonant to the obligations of the convention, but also to prevent in future, unauthorized measures towards the commerce and navigation of the United States, either on the part of the administrations, or of individuals.

The undersigned, in order to justify what he advances, has the honour to lay before the Secretary of State, 1st. A statement of decisions made upon American prizes, since the signing of the convention, from which it appears, that since that period one vessel only has been condemned, and that a vessel demonstrated by the papers on board, to belong to the enemy. 2d. Two extracts, at length, from the despatches addressed by the minister of the marine, and sent immediately upon the signing of the treaty by avisos, (advice-boats) to all the administrations of the French colonies, including the Isles of France and Reunion. No remarks will be added to these extracts. They prove by the strictness which prevails in them, that the government of the Republick, so far from encouraging the measures which have wound up the irritation of one of the two parties to the point to which it has actually been carried, these measures have been most frequently flagrant violations of the laws and instructions of the governmentviolations which the distance of place, and other circumstances, have not always permitted to be known, or to be repressed. The French government has not even waited till the signing should be completed, to take such of the measures mentioned above, as related to those affairs which were transacting near at home. As soon as there was

reason to hope for an accommodation, all proceedings in American matters were suspended, for the purpose of preventing final condemnations. And the correspondence of the American negotiators will prove that those of the Republick were eager to support the demands which the former made to this effect. The undersigned will add, that in order to obviate all delays or difficulties, which might have been produced by interests contrary to the spirit of the convention, the minister of foreign relations, in consequence of an authorization of the First Consul, enjoined it upon the council of prizes to adjourn for an indefinite period, all decisions upon the question of property, captured under the American flag.-The subjoined extracts of a letter from the minister will explain better than the undersigned can do it, the motives which have given rise to this measure, and how much its object is, to ensure the full execution of the treaty.

After having shewn what has been the conduct of the government of the Republick, it remains for the undersigned to request that the Secretary of State will be pleas ed to inform him of the intentions of the President of the United States, respecting the execution of that part of the convention which relates to the obligations of the said States, in order that he may acquaint his government with the same.

The undersigned does not suppose that the modifications which the convention has undergone in its ratification by the United States, can prevent the federal government from proceeding in the execution on its part, without waiting for the exchange of the respective ratifications. These modifications can, on no ground, form an obstacle, unless an apprehension is entertained that by them, the ratification of the First Consul, may be rendered uncertain. Although the undersigned is, in this respect, without instructions, he does not hesitate to say, that this apprehension appears unfounded. The immediate approbation, and the anticipated execution which the first magistrate has given to this act, sufficiently prove the opinion which he enter

tains of it, and there is no probability that this opinion will be changed. The undersigned at least, ventures to presume, that it will not be changed by alterations which have no other effect, (if the undersigned is rightly informed) than to render the principle of the treaty more and more sacred—a principle of which the object is, to remove pretensions of the respective parties, the discussion of which might have thrown serious difficulties in the way of the negotiation, and have rendered the issue of it questionable.

Agreeably to the preceding remarks, which will appear, without doubt, plausible to the Secretary of State, the undersigned presumes that the conditional ratification of the Senate, having left all the articles subsisting which stipulate reciprocal restitutions, the President will have taken the proper measures for preventing condemnations of French property, contrary to the 4th article, or at least, that where those condemnations shall have taken place, or shall continue in the federal courts, he will assure to the aggrieved parties, the indemnities contemplated by that article. The undersigned being authorized by his government, to take into his possession, the property of individuals not claimed by them, which may be restored in virtue of this stipulation, finds in this authorization, a new motive for desiring to know both the measures and the disposition of the federal government upon this point. He will add, that if he is induced, for the sake of those who are interested on the part of the French, to wish that the exchange of the ratifications may be anticipated in making these restitutions, this anticipation will be no more than to reciprocate what the French government has done, even when the ratification of the United States could not have been forseen by it.

An article, to which it is natural to suppose that the French government attaches importance, is that which concerns the restitution of vessels of war. The undersigned will say nothing of the considerations which rendered it desirable that this restitution should take place. It is sufficient to call to mind, that many French vessels of