D.

PARTIE DE LA CORRESPONDANCE OFFICIELLE DE M. MORRIS, A PARIS, EN 1793, CONCERNANT LES DROITS DE NEUTRALITÉ DE L'AMÉRIQUE, ET ACTE DE NAVIGATION, FAIT PAR LA CONVENTION NATIONALE DE FRANCE, EN Septembre 1793.

Correspondance Officielle de M. Morris, en 1795, concernant les Réclamations que fait naître en France l'Etat de Neutralité de l'Amérique; communiquée au Congrès par le Président des Etats-Unis, avec l'Acte de Navigation passé par la Convention Nationale de France en Septembre 1793, et publiée par ordre du Congrès.

United States, 16th January, 1794.

Gentlemen of the Senate,

and of the House of Representatives.

I transmit, for your information, certain intelligence lately received from Europe, as it relates to the subject of my past communications.

Tome I.

GEO. WASHINGTON,

Note adressée au Ministre des Affaires Etrangères à Paris par M. Morris, Ministre Plénipotentiaire des Etats-Unis, pour se plaindre de plusieurs Sentences, prononcées par les Tribunaux de Commerce de France contre des Sujets Américains, et pour faire des Représentations sur le Décret de la Convention Nationale du 27 Juillet, sur lequel on a basé ces Sentences, contraires aux Traités subsistant entre la France et l'Amérique.

TRANSLATION.

The Minister Plenipotentiary of the United States of America to the Republic of France, to Mr. Deforgues, Minister of foreign Affairs.

Sir,

Sain-Port, 1st October, 1793.

I have the honor to send you herewith, the copies, of two judgments, rendered with regard to the american vessel the George. By the first, the tribunal in conforming itself to the treaty of 1778, declared her unlawful prize but by the second, a part of the cargo is condemned, as hostile property; and the tribunal has founded its decision upon the decree of the 27th July. Captain Richard Stevens of the american vessel, the Hope, also complains very bitterly of a sentence rendered lately against a part of the cargo of this vessel, which is incontestably american property. This captain informs me, that the tribunal of St. Brieux, has founded its decision on the circumstance, that in the invoice, the owners of the vessel, had added their commission to the price of the articies therein comprised. A thing in use among merchants, who by this means, insuring the whole, they shelter from maritime danger, the price of their labour, as they do that of their merchandizes. I do not cite, sir, this sentence in the form of a complaint, first because I have not yet received an authentic copy of it, and above all, because I am persuaded that the superior tribunal, to whom an appeal must be made, will not fail to render justice. I desire only to let you see, sir,

:

how much discontent the execution of the decree of the 27th July must excite. Persuaded that the convention wishes to maintain the closest connections between our two republics, I have given to our ministry, the most positive assurances of it; but they will be contradicted by the injured persons, who doubtless will accuse the minister with supineness, who does not adopt the feelings of his fellow citizens and my efforts will fail of their effect, as soon as it can be imagined, that I do not render a faithful account of the dispositions of the French Republic, from the want of intelligence or exactness. I request you, sir, to pardon an observation which regards the particular interests of France. The circumstances of the moment, prevent the fitting out of privateers, consequently it would cost it nothing, to cause the treaty to be observed with the greatest exactitude. Then the contrast which the americans would make, between the conduct of France, and that of its enemies, could not but be favourable--but at present, on the coutrary every time we complain of the conduct of the english, they shut our mouths by this decree of 27th July. Nothing is more embarrassing for our minister at London, and nothing can be more injurious to the French Republic, in the opinion of the neutral powers. I hope, sir, that you will observe in the freedom of the observations I have just made to you, the amicable and fraternal dispositions, which have dictated them. I am sure at least of conforming to the views of the United States, in following my own inclination, to remove every thing that might change the good harmony, which exists between two nations, allied as well by the force of sentiment, as by that of treaties.

I have the honor to be, &c.

GOUV. MORRIS.

Extrait d'une Dépêche de Mr. Morris au Secrétaire d'Etat des Etats-Unis; recommande la Nomination de Consuls d'Amérique dans les différens Ports Français, pour obvier aux Plaintes des Négocians Américains, qui réclament tous les Jours plus fortement contre les Réglemens de France à leur Egard.

Extracts of a Letter from Mr. Morris to the Secretary of State, dated October 10th, 1793.

I am very anxious that consuls and vice-consuls should be appointed in all the ports. My countrymen are incessantly applying to me, from every quarter, about property taken from them. I am desired from abroad, to claim such property. I have decidedly refused to lend my name on such occasions; because I am certain, that I should be thereupon represented as a party interested; and of course my representations against the proceedings, which are but too frequent, would be disregarded.

On the twentieth of August, a deputation of four ship captains, chosen by their brethren of Bourdeaux, called on me with a representation of the injustice they experienced in being prevented from sailing with their cargoes, &c. The deputation, as is natural, had flattered themselves with immediate and ample redress. It was my duty to moderate their expectations and to explain the difficulties. Interest is often blind and seldom just. My moderation was ill suited to their wishes and my ; letter to the minister, of which a copy is enclosed, seemed to them rather an abandonment of their cause, than the prosecution of the only redress which appeared to me attainable, and in the only way by which it might be effected. I had cautioned them particularly not to ask too much; because they would thereby run the risk of not obtaining what they asked; or if they should obtain it, of seeing their hopes blasted in the bud, by a repeal of an indulgent decree.

A decree was obtained, and before it could be executed was repealed. Thus it has happened that they did mischief without any benefit to themselves.

Note de M. Morris adressée au Ministre des Affaires étrangères à Paris, pour lui faire connaître l'Irrégularité des Procédés d'un Tribunal de Commerce; quelques Notions sur l'Organisation et sur le Mode de Procédure des Tribunaux des Prises..

TRANSLATION.

The Minister Plenipotentiary of the United States of America, to the Republic of France, to Mr. Deforgues, Minister of foreign Affairs.

Sir,

Paris, the 12th October, 1793.

I have the honor to send you herein enclosed, the copy of a letter which has been addressed to me, by citizen Postic, a lawyer, residing at Morlaix. It appears, that in the proceedings of which he has given an account there are extraordinary irregularities, and I think it my duty to inform you of them, as on the justice of tribunals often depends the salvation, and always the prosperity of a State.

I request you at the same time, sir, to permit me to. make two general observations on the whole of this business, one of which applies to the organization, and the other to the proceedings of the commercial tribunals. The referring of questions on sea. prizes, to these tribunals, appears to me dangerous, since they involve the interpretation of the treaties, and the application of the law of nations: consequently of peace and of war. Now we may be permitted to entertain some doubt as to the knowledge of the judges, and we ought besides to fear; lest they may be interested, as. owners of privateers, in the questions which are submitted to them. But whatever may be the organization of the tribunals, it appears to me essential, sir, that in their proceedings they should receive all the claims which may be made to them; that they should even invite without waiting for the authority of the persons interested, who are often at the distance of one thousand leagues.