Philadelphia, May 17, tyierssting correspo.xdence, X ELATIVE TO Tltl AFFAIRS OF FRANCE and THE UNITED STATES. The fcllutviig. correftandence, eomprifing the rnnji i mportaht of the ducumtnts contained in the President's message to Ccngrefs of I Qt/j 'January lafl, if perused with candor and attention, mtifi fatisfy every independent A merican of the sincere, aSive anil unceasing efforts of our government t> maintain invio late the rights of France, refullingfrom the duties of neutrality, the lazu of nations and cxifling treaties t undmofl completely vindicates cur nation from the unjufl reproachet and ' complaints of the French Directory and its agents. ' A government which required only a I'.now " ledge ut the TRUTH to juflify jtf meal'urcs, couU •' not but be anxious to have this (ully and frankly " difplayeA" FXISIDENT'S MESSAGE, JAN. 19, '9*. Letter from Mr. Randolph to Mr. Fatichct. _ ( Continued from Monday's Gazette.) ' lie firit part of your fifth allegation, which implies VThnt the United States quit " the neutrality which they profefs by sub " fenbing through an excels of clrcumfpec " lion (management) to an order, like the proclamation" has been jult anticipated. F» the second part, which affcrts that we also quit the neutrality, which we profefs by heing unable to maintain our treaties we an (■.ver that although to the best of our ability and understanding we have maintained our treaties, yet if any occasional or real inability h?s been (hewn this cannot be ttansformed into a renunciation of neutrality. Prove to us that this supposed inability has sprung from an unfriendly motive ; that it has not beon infeparablc from the infancy and situa tion of our government ; that it could have been remedied by'any expedient at our com mand, except war or reprisal or the fore runners of both ; then and not till then, will it be incumbent upon us so to account for it further. •' I hat wc have been obliged to " abandon our relations exclusively to Eng " land" (as in the third place you have af firmed* is a question of fadl between us. We deny it. l'he American navy cannot yet dispute the ocean ; but American rights have not been relinquilhed. Of the time, mode, and ftyleofinforcing them, the United States are thefole judge. 1 liroughout your letter, you have dispers ed allufionsto the late treaty of the United States with Great Britain. To this, as to a centre, the whole series of your observa tions has tended, and we arc taught from one passage at last, to view it as a prelude to re prefentatiorrs, which you meditate to the French republic. That treaty has been communicated from the department of State, only to the chief magistrate of the Union. But it will not be conceived, that reasons peculiar to the cafe, caused their reserve. We were acquainted with no duty towards foreign nations, which /hould lead us to infringe the usage of sus pending the publication of treaties, until the ratifications have been exchanged ; or to im part tethern more than has been already im parted to tbe committee of public fr/ety in i'ranee by our envoy in- London through our minister in Paris. Yes, Sir, you fay, that you demand justice only : justice you shall have ; and 1 repeat in the name of the President the promises, which I admjt my-' felf to have often made to you, that our i treaties with France ftjall be sacred. No ration upon earth can controul our will, un less preceeding engagements be violated. To save the rights of the French republic was an ultimatum in the initru&ions to our en *oy : the President and Senate are the final arbiters whether the treaty (hall exifl. It is with tbem to pronounce,with whom treaties shall be made, and upon what terms ; -they will doubtless move under the awful tefponfi bility attached to the guatdianfhip of nation- j al honor, faith and independence* Tile President is willing to fuperadd any orders, which can with propriety be expedled from him, for the execution of our treaties with France } if any such can be suggested beyond those already given. Every charge which] can be brought against the govern ment, we (hall meet at the proper fealon, and -in the armour of political integrity. We confide that the wisdom and magnanimity of the French republic which refitted past ma chinations to disturb our harmony, will re ceive with caution suspicions, which may hereafter be thrownon our fidelity. For her happiness we pray, and may our connexion be perpetual. 1 have the honor to be, Witb the greatest refpeft and esteem, Sir, Your most obedient servant. EDMUND RANDOLPH. [TRANSLATION-] Joseph Fauchet, Minister Plenipotentiary of the French Republic r.eartbcUnitedStates, to Mr. Randolph, Secietary of State of the United States. Phdadelphia, tbe toth Pratrial, year of the French Republic, one and indivi sible, (Bth June, 1795.) SIR, Yonr letter of the 29th of May was re ceived by me oa on the zd inft. The differ ent fubjefts therein dii'cuffed, meriting ihe most ferioui consideration, I have taken some time to prepare an answer which I (ball now with all the caador the fubjett requires. In the fit ft place I (hall observe, that in writing my letter of the id of May in coofequence of a croud xf cbmpfainto which were brought to me, I had not proposed to myfelf a plan so extensive as that you have pursued in'your difpatcb. It is observed that in order to give a motive for the conduit of the Executive io every circuraftance that might infringe the infereft of France, you have united under a single view my former and my present reprefentatioos. I (hall now 1 ctnmunicalc to you, freely, what tbe whoL' 1 of your letter appears to e. force the re flexions its objedk has otherwise suggested. What, Sir, is in quellion between us, and tipon what can we reft our difcuflions ? Up on the prescriptions of poGtive rentrafls or tfce genera! laws of nations. France being in a (late of war, considers America as" a neu tral and an allied power. In the fir ft situa tion (lie has rights common to all the bellige rent powers ; in the second (he has particular rights which (he is entitled to by treaties, Bnd which America can allow her without cealing 10 be ntutral. If therefuie, on the one hand, positive engagements giving us right to certain privileges have been neglefl etS or execwed with indifference ; if on the other certain rights cemmon to all are be come doubtful as. to us, by too much moder ation in regard to the adls of other powers ; I would fay if you* neutrality has been re drained by their arbitrary decilions, my com plaints have been founded : for it is that to which they have been 'educed ; they relt upon fatt alone : and I require it to be observed that I have hitherto avoided touching ihe latter point, and that latterly 1 have spoken on it with all Jhe'circumfpeftion and regard that could be desired, although my inftruflions oblige me constantly to alk what weafures the United Stales take for the efficacious support of the neutrality of their flag. After having reviewed the different parti cular cases upon which I hare compiaiaed, permit me to give an opinion whifh has weight with Jse, -which is, that it is impofii ble for me among the conftrudions given to that part of the treaty to discover the inten tion of the two contrasting parties. By the treaty of alliance, France relinqui/hed her for mer neighboringpoffeffions to the northward of the United States in which Jhe had parts of great convenience during her wars. By the' treaty of amity and commerce signed the fame day, fne conceived that (he assured to herfelf some advantages as an indemnification in the ports of the United States themfelv>« of wbich (he had in part deprived her ene mies. This latler treaty has never said that there (hould be given an asylum to capturing vejfels coming with their prizes, it fays that asylum (hall not be given to any vejet having made prizes. Permit me, Sir, 10 (ay that this is not a cottflruaion but an addition whith you give to the treaty, which are different things. According to this addition it were fufficient when I complain of the repairs made to the Thetis, to reply that (he had a right to them. From these forced conftru&ions it refuhs that the belligerent powers raise pretentions which were not looked far,and acknowledge themselves that the meauing of our treaties appear to them obfeure. The correspond ence which took place on this fubjeft be tween you and the minister of Great Brit ais, is very important to confuk on this point. Have not you yourfelf been struck with this avowal of Mr. Hammond, that the treaty fpecifies only the conduft to be obser ved towards the capturing vessels, and fays no thing if tbe prizes ? What trouble had you in urging your conftru&ion when you an swered him—" I hope, Sir, that you will not interpret the article so literally as to pre tend that it refufes asylum -to capturing vef feels, for it exclude* ever y veflel which (hall have made prizes of the French," without doubt, .ur, that is fhf true conftru&ion, eve ry thing becomes clear when that is main tained ; the capturing vessel as well as her prize are not admitted into your ports. As to the reft, Sir, as have observed, a difference of opinion "between the agent of a power and the government to which he is sent, is not by any means conclusive. I ad e.re , w ' t k a '' m y heart, with you, to the principles contained in the part of Mr. Jef. ferfon's letter which you cite ; but I obfervc that there i 3 no reason to make me the re proach you seem to infinnate. I ought to infill on my manner of -conftruffion, and pre- it to you under all its forms as long as you do not inform me that the President can not admit my observations. Now you have done so, I (hould content myfelfwith referr ing them to the French government. (To be continued.) CONGRESS. HOUSE OE REPRESENTATIVES, Teufday, May 16. Mcffrs. Coit Varnum, Williams, Dent, Harnlpn, Hartley and Baldwin, appeared from the minutes to be the newly clefted com mittee of Elections. l'ourneig members, via. Messrs. Schure man and Silinickfon, from New-Jersey ; Mr. Sumpter, from S. Carolina, and Mr. Trigg, from Virginia, were qualified and took their feats. A message from the Senate informed the houle that they had appointed the Rev. Biftiop White as their Chaplain, to inter change weekly with the Chaplain to be ap painted by that house. Mr. Sitgreaves wished that the chuGngof a Chaplain for that house might be the order of the day for to-morrow. Mr. Macon believed it was not necessary that any notice (hould be given for the purpnfe ; it might be the order for any day on which the gentleman chose to bring for worrl the fubjeft. The Speaker said the notice-was not nectf fary, but was not improper to be given. (t being near twelve o'clock, the Speaker observed, that it had been usual on similar occasions to the present, to fend a message to the Senate,to inform them that the House is now ready to attend them in receiving the communication of .he President, agreebly to his appointment ; such a message was agreed to, and sent accodingly. Soon after the menkbers of the Senate entered, and took the feats assigned them j and a little after twelve, the President of the United Slates entered, and took the chair of the Speaker (which he vacated on the en trance of the Senate, the President and Clerk of the Senate bemg placed on the right hand of the Chair, and the Speaker of tbe House of'RepnkbUtifees and the Clsik oiiiLe left). After lining a moment, he ipl'e, and deliver ed the following Speech : (See Tejlerdafs Gazette,) Having concluded his Speech, after pre fentinga copy of it to Prefidcnt of ihe Sen ate, and another to the Speaker of the of Hepreleniativcs, the Prcfident retired, as did alio the members of the Senate ) and the Speaker having resumed I.is Chair, he read the Speech : After which, on motion, it was ordered to be committed to a committee of the whole to morrow. Adjourned. For the Gazette of the United States. MR. .FENNO, ■ WHILE lam writing, the state of things may be so much changed, in the European world, that a compleat and correfpemdent change will be necessary in the United States. It must, therefpre, be kept in mind, that I write with special reference to the present appearance of Europe. In my communication which was pub lished in your paper of Monday, Bth inft. I alked the question, " What benefit is pro posed by fending an envoy to France ? For it 'will certainly be acknowledged, unless some good can be fairly deduced from the mcafure,Ahe propriety of its adoption will at least be doubtful. Etiquette, it is said, requires it, and why ? JJecaufe an Envoy Extraordinary was sent to Great-Britain in 1794. , If the difference of circumstances is not understood, and a clear diltinftion between our lituation then and no-M, is not acknow ledged, I must confefs my intelleft must be disordered, and my discernment gone. I think a part of the difference in circum stances has been pointed out in the com munications I have made; and that the fyltem adopted by the French government, which is manifeft from all their late as well as fornter proceedings, is incompatible with any benefits which may or can be ex peftcd to arise from the million contempla ted. In addition to the existing state of things, lince I began these papers, the French government, or rather the Directo ry, have publiihed a decree, in confirma tion and extension of their former system. They have, by this decree, modified the treaty of France and the United States of Feb. 6, 1778, with that of Great-Britain and the United States of 1794, commonly called Jay's Treaty, so as to place to their own benefit the whole and every part of each; and after having thus modified them, without consulting any other party, have ordered " this Treaty," as they emphati cally stile it, to be inserted in the bulletin (or Journal) of the laws. Take a candid view of their whole con duft, and what does it ftgnify to talk of etiquette ? Every body knows, that mere form or ceremony in diltinftion from sub stance, is meant by the word " etiquette." Can the mere form of Envoy Extraordina ry produce m the French government a to tal overthrow of their whole system, as it refbefts the United States ? Will they make us compensation for the piracy com mitted on our trade, and peaceably give up all their highfounding claims upon us,at the fight of this magical Envoy ? Such a beliefborders so strongly on ilonfenfe, that I cannot believe any man of information entertains an idea, of the kind. Will the French government abandon the warmest with of their hearts,to destroy the commerce and navy of G. Britain, if we fend them an Envoy > The objeft ofG. Britain in their depredations on our commerce in '93 and '94, was to starve France ; this they were forced to abandon, as untenable by the law of nations; and this they gave up—in the compromise effefted by Jay's treaty.} But this was far enough from being the result of etiquette on the part of Great-Britain. The objeft of the French government is to destroy the commerce, of Great-Britain, and to make all the neutral nations in Eu rope, and the United States, subservient to this objeft. And the events of war abroad, or internal changes at home, and not etiquette, must change them in this darling objeft. Do not the French complain of our Treaty with G. B. as- not only an injury to them generally, but as a special breach of the 17th article of their treaty with us ? In this point of view, an Envoy cannot be serviceable, but with powers to ftiape this btifinefs to their liking—this can as well be effefted by Mr. Pinckney. Is the French Direftory capable of form ing one or more treaties into such lhape, as perfeftly tofausfy their own wilhes, and adapt them to their own circumstances, without consulting any other party, as they have done with the two treaties mentioned above? If so, the fending an Envoy will be, I acknowledge, a mere matter of eti quette; but for my life I cannot fee any benefit relulting from it. This lalt decree of the French Direftory of March 2d, 1797, is so remarkable that it claims particular notice. They remind " all French citizens, that the treaty, concluded on the 6th February, 1778, between France and the United States, has been, on the terms of the se cond article, modified of full right, by that which has been concluded at London on the 19th Nov. 1794, between the Unit ed, States of America and England." The people of the United States will please to observe, that the complaints of the French Government have been aimed chiefly at this very treaty ; their partizans here have comglained that Mr. Jay's treaty has injured the French, and broke our Faith with them. Take notice, on the Tecond of last March the Direftory fay, the treaty of Nov. 1794, this fame treaty so complained of, has of full right modified their treaty with us,' and they now take all the advantages of both—on what ground i In virtue of the 2d article of their treaty with us, which is in these words, viz. Themcft Christian King and theUnir ed State; engage,mutually, not to grant any particular favor, in refpeft of commerce and navigation, which lhall not immediately be come common to the other party, who lhall enjoy the lams (ivor, freely, - cor »" cession was freel)* nvute; or on allowing the 1-ime compensation, it' the concefcipn was conditional." Tiis discovery, by the Direftory the id of la.ll March, sets ail this matter right. What are we to think of such loud anil reiterated complaints about a treaty, and the injuries it inflicted on the French, when we find, £y the declaration of ihe#:refto ry, that the benefits given to the English, in terms, and by force of an express pro vision, immediately attach themselves to France? If this coilftruftion is just, and who lhall dare contradift it, the necessity of an Envoy cease his iftain bufinels was to effeft a violation of the treaty with Great-Britain, or at lealt a modification of that with France, so as to place them on the fame tooting. Bat this we fee is done b.yithe Direftory, and solemnly recorded among their laws. Is there an antifederalift hardy enough to complain any more of Mr. Jay's treaty ? I hope not. Some few sentiments on the proper con duct with France, (hall be offered in my next. A FRIIND TO TRUTH. May 16, 1797. OPINION OF Chief "Jufiice Ellfworth, In a cafe refpetting British debts, lately determined in the Circuit court of the United State! for North Carolina dif trift. It is admitted that the bond on which this suit is brought, was executed by the defendant to the plaintiffs; and that the plaintiffs have not been paid. But the defendant pleads, that since the execution of the bond, a war has exifled, in which the plaintiffs were enemies ; and that during the war, this debt was con fifcated, and the money paid into the of the date. And the plaintiffs reply, that by the treaty which terminated the war, it was llipulated, that " creditors on either fide, Ihould meet with no law ful impediment, to the recovery of bona fide debts heretofore contrasted." , Debts contradled to' an alien, ,are not extinguilhed by the intervention of a war with his nation. His remedy is sus pended while the war lasts, because it would be dangerous to admit him into the country, or to correspond with agents in it: and also because a transfer of treasure from the country to his nation, would diminilh the ability of the former, and increase that of the latter, to prosecute the war. But with the termination ofhoftilities, these reasons and the suspension of the re medy cease. As to the confifcation here alledged, it is doubtiefs true, that enemy's debts so far as consists in barring the creditor, and compelling payment from the debtors for the ufeof the public, can be confifcated: and that on principles of equity, though perhaps not of policy, they may be. For their confifcation as well as that ofproperty of any kind, may ferveasan indemnity for the expences of war, and as a security against future aggreflion. That such confifcations have fallen into disuse, has resulted not from the duty which one nation, independent of treaties, owes to another,, but from commercial policy, which European nations have found a common, and indeed a llrong interest in supporting. Civil war, which terminates in afe verance of empire, does perhaps less than any other, juftify the confifcation of debts: because of the special relation and confidence subsisting, at the time they were contrasted, and it may have been owing to this consideration, as well as others, that the American states, in the late revolution, so generally forbore to confifcate the debts of British fubjefts. In Virginia, they were only sequester ed ; in South-Carolina, all debts to whom soever due were excepted from confifca tion ; as were in Georgia, those of " Bri tilh merchants, and others residing in Great-Britain. And in the other states, except this, I do not recalled that British. debts were touched. Certain it is that the recommendation of Congress on the fub jeft of confifcation, did not extend to them.—North-Carolina, however, judg ing for herfelf, in a moment of severe pressure, cxercifed the sovereign power of palling an aft of confifcation, which ex tended, among others, to the debts of the plaintiffs. Providing, however, at the fame time, as to all debts which ihould be paid into the treasury under that aft, that they would indemnify the debtors, Ihould they be obliged to pay again. Allo wing then that the debt in ques tion was in faft and of right confifcated can the plaintiffs recover the treaty of 17*83? The 4th article of that treaty is in the following words. " It is agreed that the j creditors on either fide ihall meet with no | lawful impediment to the recovery of j the full value in ftcrling money, of all I bona fide debts heretofore contrasted." There is no doubt but the debt in ques tion was a " bontf fide" debt, and theretofore contrasted/. e. prior to the treaty. To bring it within the article, it is also requi site that the debtor and creditor Ihould have been on different fides, with reference to the parties to the treaty, and as the defend ant was confeffedly a citizen of the United States, it mult appear rhat the plaintiffs wcrefubjefts of the king of Great-Britain ; and it is pretty clear, from the pleadings and the laws of the state, that they were io. It is true that on'the 4th of July 1796, when North-Carolina became an indepen dent state, they were inhabitants thereof, though natives of Great-Britain; —and they might have been claimed and holden j as citizens, whatever were their sentiments or inclinations. But the state afterwards in 1777, liberally gave to them with others 1 similarly circumltanced, the option of taking an oath of allegiance, or of de parting the state under a prohibition to return, wjt v . the indulgence of a time to fell their ettates, and colleft and remove their effeft.\ They chofc the latter; and ever zf'.er adhered to the i;in? of Crreat Britain, and inufttherefore .be re- I garded 2s on the British fids. ¥ It is alfc pertinent to the enquiry, whe i ther the debt in question be within the b£»i forft recited article, to notice an objeftion | which has been stated by the defendant's [ counsel, viz. that at the date of the treaty, i what is now sued for as a debt, was not a . debt, but a nonentity payment havinj been made, and a difchargc effected, under the aft of confifcation : and' therefore that , the stipulation concerning debts did not ; reach it. , In the firft place, it. is not true that in ; this cafe there was no debt a't the date of i the treaty. A debt is creatdd by contrast, r and exists till the contrast is performed. , Legislative interference, to exonerate a . debtor from the performance of his contrast, whether upon or without conditions, or to J take from the creditor the protection of * t law, does not in ftrifinefs, deltroy the debt, though ft may, locally, the remedy for it. The debt remains, and in a so . reign country, payment is f. equently en forced. Secondly, it was tnanifeftly the design of the stipulation, that where debts hid been therefcrc'contraHed, there ftionld be no bar to their recovery, from the operation of laws pasTed subsequent to the contrast. And to adopt a narrower conftruftion, , would be to leave creditors to a harder fete than they have been left to, by any modern treaty. Upon a view then of all thecircumftances of this cafe, it mult be considered as one withhr* the stipulation, that there ftiould be " no lawful impediment to a recovery. And it is not to b? doubted, that impedi ments created by the aft of confiscation, are lawful impediments. They mult therefore be dilregarded, if the treaty is a rule of de cision. Whether it is so or not, remains to be considered. - *• Here it is contended by the defendant's counsel, that the confifcation aft has not been repealed by the state ; that the treaty , could not.repeal or annul it: and therefore that it remains in force, and secures the de fendant. And further, that a .repeal of it would not take from him a right veiled, to Hand discharged. As to the opinion, that a treaty does not annul a statute, so far as there is an interfer ence, it is unsound. A statute is a decla ration of the public will and of high autho rity : but it is controulable by the public will subsequently declared. Hence the maxim, that when two ftatutej are opposed to each other,, the latter abrogates the for mer. Nor is it material, as to the effedt cf the public will, what organ it is declared by, provided it be an organ constitutionally authorized to make the declaration. A treaty when it is in faft made, is, with re gard to each nation that is a party to it, a national aft an ex predion of the national wilt, as much so as a llatute can be. And it does, therefore, of necessity, annul any prior llatute so far as thfere is an interfer ence. The fuppoiition that the public can have two wills at the fime time, re pugnant to each other, one exprefcd by a statute, and another by a treaty, b ab surd. y The treaty now under consideration was made, on the part of the United States, by a Congress composed of deputies from each state, to whom were delegated by the arti cles of confederation, expressly, " the foic and exclusive right and power of entering into treaties and alliances;" and being ra tified and made by them, it became a com plete nationel aft, and the law of every state. If however, a fnbfequent fanftion of thk state was at all neceifary to make the treaty law here, it has been had a,nd repeated. By a statute passed in 1787, the treaty was declared to be law in this Hate, and ,the courts of law and equity were enjoined to govern their decisions accordingly. And in 17891 wa s adopted here the present con ' ftitution of the United States, which de clared, that all treaties made, or which should be made, under the authority of the United States, (hould be the supreme la\v of the land; —and that the Judges in every state (hould be bound thereby;—any thing in the constitution or laws of any state to the contrary notwithstanding.—Surely then the treaty is now law in this state, and the confifcation aft, so far as the treaty inter feres with it, is annulled. Still it is urged, that annulling the con fifcation aft, cannot annul the defendant's right of difclUEge, acquirpd while the aft j was in force. J It is triie that the repeal of a law does not make void what has been well done un der it, butis also true, admitting the right ; here, claimed by the defendant, to be as substantial as a right of property can be, that he may be deprived of it, if the treaty so requires.—Ft is juftifiable and frequent, in I the adjuftntent of national differences, to concede for the fafety of the state, the rights of individuals. And they afterwards in demnified or not, according to circumstan ces. What is molt material to be here noted is, that the right or obstacle in queltion, whatever it may amount to, has be>n create ed by law, and not by the creditors. It comes within the description of "lawful impedimentsall of which, in this cafe, the treaty, as I apprehend removes. Let judgment be for the Plaintijff. CHARLESON, April 31. From the Patriate Fmncais of yeltcrday, A letter from the Cape, received by the post, announces that the revolters and difcon. tented, of all cdour» and of all kinds, who were at the Tannery, had advanced to Petit Anfe.of which they made themselves matters, and from which they threatened to march againlt the Cape j that consternation and a larm existed to a great degree in that city, all ' commuuicr.tien with which was cut off ; that 1 it could not obtain fnificient provisions for its consumption j the inhabitants were rediw cedtohalfa ration, and this pittance could not lad longer than 15 days, at the end of which time they must die of hunger, if not aken before. .1.0 ccr*