Should the U.S. Send another Minister to France after the treatment M. Pickney received [?]
Document 1797Document, discusses whether or not the United States should send another minister to France, after the ill treatment Mr. Pinckney received from the Directorate.
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War office 29 Apl 1797
The Secy. of war in conformity with the desire of the President as expressed in his letters of the 14 & 15th inst. ha, the honour to submit the following suggestions.
The French directory having refused to receive Mr Pinckney, with circumstances of indecency & insult combined with acts of hostility, will a fresh mission to Paris be too great an humiliation of the american people in their own sense and that of the world?
After maturely deliberating upon the case and the general posture of affairs [strikethrough: annotated the world], the Secy. of war is of opinion that it will be the wisest and foundest policy to open a door for negotiation.
This conclusion has been embraced chiefly from the following considerations.
3 1/4 [strikethrough: The weight of those moral and impulsive reasons that would be considered under this view of things to change a nation or whole] Because it is [strikethrough: not yet] by no means certain [strikethrough: before it has clearly ascertained] that peace cannot be preserved by [strikethrough: negotiation or the offer] of equitable accommodation.
[strikethrough: 4] [strikethrough: Because of]
The consequences of war to the U.S. as it would affect and obstruct their progress to that degree of strength and resources necessary to [strikethrough: future] self defence.
[strikethrough: 5 Because of] the certain disadvantages of war and the [strikethrough: little] a good [undecipherable] under existing circumstances. [undecipherable]
6 Because of [strikethrough: the probability that the] [strikethrough: relations] [strikethrough: [undecipherable]] situation of one or other of the belligerent [strikethrough: parties] may induce a sudden peace.
[strikethrough: On one hand suppose the] the success of France, the controll which she has acquired over the resources of so many countries; the wounds which she is daily inflecting by these means upon the trade of G. B.; the [strikethrough: forward] and critical state of the finances of that kingdom; the
on one hand
as more certain forerunners of a speedy exhausted treasury of the Emperor [strikethrough: of army and the inability] to les[strikethrough: s]en on to. I suppose that [strikethrough: next thrust] [strikethrough: probably into] a sudden [undecipherable]. [strikethrough: If England is worsted it will force England to accept of the] after so many U.S. would be [strikethrough: falsly] inimical & dangerous. [undecipherable] themselves alone[,] peace, [strikethrough: however] in such a case, would [strikethrough: have] a [strikethrough: great] [strikethrough: as they must] [undecipherable] [strikethrough: appeared to] made [strikethrough: engagement from the time from Paris] and [undecipherable] and who would [strikethrough: have an] to [strikethrough: succeed] and [undecipherable] [undecipherable] ready prepared to [undecipherable] invasion. [strikethrough: And] it [strikethrough: must] [strikethrough: therefore] [strikethrough: better way] to [undecipherable] for [strikethrough: reading them and] [undecipherable] no other way [undecipherable] to dispose of.
Suppose [strikethrough: if] on the other hand [strikethrough: we suppose] that the French armies cannot be much longer supported by contributions drawn from the countries they occupy; that when these fail, she cannot from her own resources pay them in specie; that she has lost the power to give value to paper; that she is unable to cloath her armies from her own manufactures; that she cannot supply her West India Islands with provisions; that the king of Prussia will remain neuter; that Russia will threaten; that the Emperor will be able to make a vigorous campaign in Italy and beyond the Rhine — and that these causes combined with her internal discontents and calamities will force her to accede to a peace, still it would be no less prudent in the U.S. to take the path of negotiation, these circumstances being so many securities for its closing honourably.
Under either aspect negotiation is the safest course. [strikethrough: The latter form of Prussias used to say] [strikethrough: in] who [strikethrough: cause the same] thing [strikethrough: at] as at [strikethrough: least] sudden [strikethrough: peace], but [strikethrough: hands will] to have act [strikethrough: toward the him] next [strikethrough: time and] not [strikethrough: to misere] &c. [strikethrough: for the] [undecipherable] and [undecipherable] have [undecipherable].
But independent [strikethrough: of such considerations] other considerations under these there are [strikethrough: circumstances] that place negotiation within the strict line of a regular proceeding, and [strikethrough: under] [undecipherable] under certain circumstances [strikethrough: the] proper measure to be adopted.
Mr Pinckney's mission, as appears from the President's communication to Congress dated the 19 Jany ulte went no further than to authorise him "to make
to the French government such explanations of the principles and conduct of our own, as by manifesting our good faith might remove all jealousy and discontent."
[strikethrough: For neither enabled] him to settle [strikethrough: most] differences nor [strikethrough: insist] demands.
Since that [strikethrough: initial] mission three important facts have emerged which have given rise to an entire new state of things requiring a particular remedy. 1st A formal exhibit of grievances and [strikethrough: demand] requirements of redress, by Mr Adet. 2. The suspension of that ministers diplomatic functions tile redress should be obtained. and 3d The [strikethrough: extended] and aggravated depredations upon our commerce in pursuance of a decree of the directory announced by Mr Adet to the Secy of State the 27th of Octby ulte.
To this state of things Mr Pinckneys powers were inapplicable, and it is to be presumed were so considered by the directory. [strikethrough: It has the state of things] [undecipherable] [strikethrough: called for] a mission [strikethrough: [undecipherable] authority to] demand [strikethrough: representation
compensation] for the injuries our trade has illegally sustain[ed] and [strikethrough: had not] powers to adjust and settle mutual complaints. Inasmuch as no commission has yet been issued which [strikethrough: one fully qualifies] comprised these subjects, [strikethrough: and] cannot be viewed as a repetition of that which has been refused by the directory from perhaps its incompetency[,] [strikethrough: hold along towards refused to] [undecipherable], but as a [strikethrough: and thus it is] new state of things. [strikethrough: necessary consequence] [undecipherable] from the [undecipherable] [undecipherable] [undecipherable] [strikethrough: measures to meet the new state of things measures necessary resulting and drawn and arising from this new state of things]
But to render such a mission efficacious and take from it every thing humiliating [strikethrough: there should be] combined with it a system of [strikethrough: static] and defensive [undecipherable] [strikethrough: commensurate] measures adequate to the [strikethrough: [undecipherable]] protection of [strikethrough: our] trade and security [strikethrough: of the country from invasion] that
[strikethrough: so combined]
From [strikethrough: such] a mission the following important advantages may be expected. [strikethrough: A]
It will exhibit [strikethrough: [undecipherable] that we have] a sincere desire to preserve peace, and carry with it at the same time convincing evidence [strikethrough: that] in the eyes of the world that the U.S. do not fear war. [strikethrough: within the country] It will secure greater union, and abroad greater respect for the government.
It will silence the clamour of opposition, in taking from it the popular argument that government has refused to France what it yielded to Great Britain.
It will tend to embarrass or suspend the hostile projects of France should she meditate any.
It will gain time to make arrangements with foreign powers for succour or loans should they be found necessary. The fate of King of Prussia [undecipherable] to say, he who gains time gains every thing. Let us at least gain time.
It will give the U.S. what in the shiftings and fluctuations of [strikethrough: various contingencies combinations] may [strikethrough: be] very important, an opportunity to suspend [strikethrough: the fate of the parties] [undecipherable] final determination, till the[strikethrough: ir] affairs [strikethrough: admit a more] fixed [strikethrough: and settled] better developed.
It will enable her to be better prepared to meet war in the event of a failure of negotiation.
It will take from France the hope of continuing her depredations during a delusive and protracted negotiation and force her sooner to be just or explicit.
There are strong grounds for believing that France has calculated upon deriving three important advantages from the system of injuries directed against the U.S. 1st The success of her depredations on our commerce and the formation of a new nursery for sailors [strikethrough: to be]
attracted by the smell of plunder, to be used occasionally or when exhausted in her navy. 2 The effects of these depredations upon the manufactures, and finances of G.B. 3 Thus unfitting the U.S. for energetie measures by weakening [strikethrough: and] or destroying their maritime resources and thereby preparing them for humiliation and subjection.
Taking such [strikethrough: for] to be the intended line of her policy, it is not to be presumed, that a simple mission could induce her to listen to terms of [strikethrough: admissible] [strikethrough: reasonable] accommodation, or that any thing short of strong [strikethrough: reasonable] protection and defensive measures can afford a [strikethrough: hope] of its succeeding.
It would indeed offer a sad spectacle [strikethrough: national] of [strikethrough: pusillanimity], and [strikethrough: exhibit a most] mournful departure from all sense [strikethrough: of dignity] to send a mere abstract mission [strikethrough: compensate] [undecipherable] [strikethrough: from to.] after the insults and injuries we have received.
Before dismissing this part of the Subject the Secy thinks it his duty to state [strikethrough: certain the] arguments which he has heard [strikethrough: urged] [undecipherable] offer and against a commission extraordinary [strikethrough: for the occasion which should include] to consist of three persons [strikethrough: a prominent character] in the [strikethrough: Administ:] one [strikethrough: of them] to be Mr Jefferson or Mr Maddison.
To such a mission it is objected, that placing a man in it or at its head who is adverse to the course of our government and devoted to France would give an opportunity to play into the hands of France, and leave a greater odium upon our government for not acceding to admissible terms of accommodation. Further, that such a character would be a medium of cabal between France and the [strikethrough: party]
rather than the negotiater of our injuries.
To this it is answered; that though the objection has weight, it seems to admit of a satisfactory reply. It goes further, in the first place, in ascribing turpitude to the character in question than perhaps is warrantable. In the second place it is far from certain that he would be disposed to make an absolute sacrifice of his country. It is also to be remembered, that in accepting the appointment with known restrictions, he would consent to their reasonableness, and engage in some measure his reputation on the issue of success. That considerable securities result from these considerations. But admitting the disposition to do what is feared, it coupled with men of address a counter game may be played, and such a complexion given to the thing as may put both him and France intirly in the wrong.
Objection. If the measure succeeds under such a man, it will strengthen his hands and through him increase the influence of France from which it is of the utmost importance to emancipate the country.
Answer. [strikethrough: It is acknowledged] There will be some evil of this sort; but that must be weighed against the good obtained. That [strikethrough: will] may be the preservation of peace in the most dangerous crisis that can well be imagined. Besides the credit of the measure will at least be divided between the authors and the agent. The President and government will have a large share. And the poison will carry
with it its antidote. Moreover it is morally certain that the course of things in France will furnish every day some new cure to a moral and orderly people, like the people of this country. But besides, the objection, such as it is, lies against the person not the measure of an extraordinary commission.
Without going further into [strikethrough: these] this subject [strikethrough: opposite arguments]. It may suffice to remark, that the superiority of a commission so constructed over a new diplomatic character and powers to Mr Pinckney [strikethrough: will depend] very much [strikethrough: defensive measures cannot depend very much] upon the [strikethrough: basis of affairs] which Congress may adopt. [strikethrough: income and the impression those may make] on the minds of the American people [strikethrough: previous] to any [strikethrough: commitment].
The next inquiry in course respects. 1st. What it will be proper to demand and propose. and 2. [strikethrough: Now] to frame [strikethrough: terms] in [strikethrough: terms] the demands and propositions [strikethrough: sufficient to be made. Those] of course will comprise the project of a treaty & instructions, to the mission.
What is proper to be demanded. It will be proper to demand compensation for the illegal [undecipherable] captures of our sea property, and a revocation of the order for capturing it.
What is proper to be proposed or agreed to? The [strikethrough: baser] French complaints being founded on the British treaty, it would be the most effectual answer to these complaints, to propose a new treaty of commerce, to comprise such articles of the British treaty as [strikethrough: are] [strikethrough: since] applicable to the interests
of the two nations. [strikethrough: Though] that be acceded to the U.S. will [strikethrough: with France than the present one;] obtain a better commercial treaty, [strikethrough: and should it be to the citizens] [strikethrough: that] the U.S. [strikethrough: [undecipherable] not the British treaty with G. Britain] and [strikethrough: [undecipherable] only now a protest for] [undecipherable] injuries and apology for plunder.
If the articles which may be offered to France are the 7 & 8 with alterations suited to circumstances; the 9.10.& 11. The 12 without limitation of tonnage or with a liberal limitation, and without the proviso except as to our vessels landing their cargoes in the U.S. if required. The 13 & 14. The 15 modified. The 17.18.19.20.21. 22. 23. 24. 25.26.& 27.
As to the article in the French treaty covering enemies goods in time of war, the loss of it is not worth a regret, seeing that experience has demonstrated that a powerful nation will always find an excuse for disregarding such a stipulation. [strikethrough: the benefit of it] [undecipherable] [strikethrough: [undecipherable] advantage to] [strikethrough: [undecipherable]] so. [strikethrough: Possibly however the] relinquishment of it may be used to procure an equivalent.
With respect to the consular convention. [strikethrough: it] its [strikethrough: expires] in the year and as the discussion and modification of its principles might protract and perplex negotiation it may perhaps be most prudent to let it run out without notice.
It is not the same with the treaty of alliance. That contains a more mischievous stipulation than any to be found in the consular instrument, which may reduce the U.S. hereafter either to a breach of faith or
or to support France with [strikethrough: their] whole force in every defensive way in which her West India possessions may be attacked. [strikethrough: [undecipherable] to be considered as in force [undecipherable]] [strikethrough: It would be extremely desirable therefore]
It may be asked is this treaty still valid? In reply it may be observed, that inasmuch as there is no stipulation in either treaty of commerce, or that of alliance, importing, that a violation of one shall not afford cause for annulling the other by the injured party, it follows from the nature of such engagements, that should France persist in refusing to the U.S. the rights resulting to them from the treaty of commerce, that it will be justificable for the U.S. to declare the rights resulting to France from the treaty of alliance null or forfeited. [Martens p. 3[undecipherable].]
But may not this reasoning be retorted upon the U.S. or made to fix upon them the charge of being the first violators of their obligations, for not succoring France when attacked in her West India possessions. To this it may be answered, that the U.S. not having been called upon for succors, and not being bound under the circumstances of the case to have afforded them, had they been called upon, they could not of course be viewed as violators of it. That the treaty of alliance obliged them only to defend France in defensive wars; that as she had been prior in hostile acts, however impelled thereto, she had by that act rendered the war offensive; and besides, that her silence on the guarantee was conclusive proof that she invested it in the same light [strikethrough: Wm Bernans dans les nouvelles de la Bäle] [strikethrough: [undecipherable] [undecipherable] Burlamaqui vol. [undecipherable] ch. [undecipherable] 3]
The violation then of France, of one of the treaties, lets down the two nations from the obligations of both, and leaves them in a situation to commence new treaties upon principles more conformable to their permanent and mutual interests, as to the law of nations.
Inasmuch as [strikethrough: loose] things are in a constant state of change and what is acceded at one time, may be eagerly desired at another, it would seem proper and of utility, to reduce the guarantee [strikethrough: in a new situation of affairs] treaty to specific succours, the affording of which could in no [undecipherable] [strikethrough: from] the neutrality of the U.S. or compel [strikethrough: them] either to be a party in the [strikethrough: of France] violator of [strikethrough: this] faith. [strikethrough: As] as the guarantee stands at present, should the U.S. fulfill it [strikethrough: they must necessarily [undecipherable] [undecipherable] [undecipherable] by whose force is directed] from other than [strikethrough: against the] country[,] [strikethrough: on the contrary they are] [strikethrough: [undecipherable]] [strikethrough: as the being] of an enemy. Vattel. Boo. 3 Ch. [undecipherable]. [strikethrough: In] this dilemma is avoided [strikethrough: [undecipherable]] [strikethrough: [undecipherable]] from such a reduction of the guarantee the U.S. will avoid great inconveniences, and may in special conjunctions derive special advantages.
What documents respecting spoliations should be procured and prepared for the mission?
It would seem proper that the proofs to identify French spoliations and for [strikethrough: establishing the value of] the property should be the same as has been adopted in cases of British spoliations.
In what terms ought the demands and propositions be made?
The ministers [strikethrough: memorandum] cae should [strikethrough: express]. That the good disposition of the U.S. towards the French nation which they have so evidently manifested during the course of her revolution, ought not to have left any room for the intervention of injurious suspicions as to their fidelity to [strikethrough: their their] engagement, to the neutrality they had adopted, or their inclination to serve her on every occasion in which it could be done without involving their peace with another nation.
That the [strikethrough: instructions or minister plenipotentiary] instructions given to Mr Pinckney [strikethrough: [undecipherable] [undecipherable]] to dissipate [strikethrough: [undecipherable]] [strikethrough: the clouds] [strikethrough: [undecipherable]] by a lucid and candid [strikethrough: explanation] [strikethrough: exposition of facts] were [strikethrough: supposed] to have been raised by the clouds [strikethrough: formed] by misconcep-tions and misrepresentations, must be considered as a further proof of their sincere desire [strikethrough: steadfastly to live upon] terms of the strictest friendship with the republic.
That the U.S. thus conducting themselves to France could not learn without surprise the orders of [strikethrough: this] [strikethrough: [undecipherable]] government relative to the capture of their vessels, and that their treaty with the Republic was no longer to secure to them that freedom of navigation
[strikethrough: necessarily with] which it stipulates for; but upon a new and extraordinary [strikethrough: not known to the treaty, once contemplated by their] construction [strikethrough: [undecipherable] [undecipherable] [undecipherable] the division of the treaty or contemplation of the parties] at its formation, and which as it [strikethrough: the construction refused to respected the formal conversation] would have [strikethrough: rendered] the [strikethrough: entire] advantage to the U.S. and which [strikethrough: effectually defeated its] object and intention.
That inasmuch as by the treaty the U.S. have entered into with G.B. [strikethrough: [undecipherable]] to that nation no rights [strikethrough: or powers] over articles contraband of war, which she [strikethrough: would] not have had a right to exercise by the laws of nations, nor stipulated advantages which [strikethrough: altering the state of] things in her favour, the U.S. have not been able to see in that treaty cause for the [strikethrough: pro] curing of the Republic relative to their commerce, or far [undecipherable] their treaty with the [undecipherable]
That the U.S. cannot permit themselves to believe without further evidence, that it is the intention of France to persevere in withholding from them the benefit of the most important stipulation of that treaty, and ties [strikethrough: that] thereby oblige them to consider it finally dissolved.
[strikethrough: That the U.S. have empowered their] minister to ascertain this point and to require as a proof [strikethrough: [undecipherable]] the treaty is still considered [strikethrough: as valid] by the estimation of the Republic, the revocation of [strikethrough: their] order of [strikethrough: [undecipherable]] or instructions under [strikethrough: [undecipherable] [undecipherable]] that [strikethrough: [undecipherable] [undecipherable]] and their citizens imprisoned.
That the U.S. having a just title [strikethrough: to] adequate compensation for the illegal captures of their vessels and property have no doubt of the disposition of the Republic to enter into satisfactory arrangements on this subject.
That the minister has full powers to treat concerning and adjust in an amicable manner [strikethrough: these] and all other matters of complaint, and to [strikethrough: concur in] [strikethrough: [undecipherable]] join in establishing that harmony and friendship, which it is the sincere and ardent wish of the U.S. to see restored, in a modification of their commercial relations upon the solid bases of mutual interest.
In case of a dissatisfying answer it may be proper that the mission or minister should be empowered to relate to the Directory.
That after the refusal of the directory, [strikethrough: which results from its answer] to reinstate the U.S. in the full enjoyment of the articles of the treaty of commerce the most identical to their [strikethrough: interests interests], the [strikethrough: treaties in as lames of war between France and in that thinks] it is concluded that [strikethrough: [undecipherable] construction] the treaty cannot [strikethrough: [undecipherable]] be considered as obligatory upon one of the parties only. That [strikethrough: this] consequently this measure of the directory having rendered null the relations and obligations of treaties between their nation and the U.S. the minister in conformity to the desire of his government to endeavour [strikethrough: by] every reasonable means to restore harmony and good understanding, and agreeably to his powers
[strikethrough: [undecipherable] from to contract for]
[strikethrough: is] the treaty of alliance [strikethrough: may [undecipherable] be brought forward to [undecipherable] obligating on the U.S. [undecipherable] annex], may not [strikethrough: the minister instigation to [undecipherable] [undecipherable]] of justice, set [strikethrough: up] its dissolution, [strikethrough: against the dissolution of the commercial treaty], or [strikethrough: [undecipherable] [undecipherable]] its abolition
to concur in a modification of their commercial relations upon the solid basis of mutual interest has the honour to signify that he is ready to enter upon the formation of a commercial treaty which shall have for its basis, the principle of equivalents, [strikethrough: [undecipherable]] those articles in the treaty of commerce between the U.S. and G. B. which are applicable to the existing state of things, and that may be mutually beneficial to the two Republics.
That consentaneous with this wish of the U.S. he would propose a [strikethrough: treaty] to substitute to old engagements [strikethrough: [undecipherable]] with such alterations [strikethrough: differing [undecipherable] [undecipherable]] the following articles of the treaty of commerce [strikethrough: [undecipherable]] between the U.S. and Gr. B. [strikethrough: [undecipherable]] 13.14.15.17.18.& 20.21.22.23.24.25. 26.& 27. [strikethrough: [undecipherable]]
[undecipherable and heavily revised passage]
May not the abolition of the [strikethrough: treaty of] alliance be proposed on the grounds that [strikethrough: basis] in consequence of the assumption which it leaves to the parties to judge of their ability to comply or not comply
with its stipulations it is more likely to embroil the two nations with each other than to procure to [strikethrough: [undecipherable]] the succour it seems to promise, and [strikethrough: [undecipherable]] that it [strikethrough: is feared] that the [strikethrough: [undecipherable]] the peace & harmony may not be henceforth [strikethrough: [undecipherable] by the claims of] other [strikethrough: [undecipherable]] under it.
Would it be any disadvantage to the U.S. to agree to [strikethrough: permit] the importation of French wines at fixed duties, France admitting in return salted fish and fish oils at an equivalent duty.
And would it not [strikethrough: [undecipherable]] [strikethrough: [undecipherable]] similar stipulations be entered into respecting French brandy and American tobacco, and other articles the youth of France and the U.S.?
Would it be inexpedient to agree, as a [strikethrough: [undecipherable] [undecipherable] compensation in part for the depredations on our commerce] [strikethrough: [undecipherable] to her West India Islands], to [strikethrough: commerce] for a free trade, for a limited time, to commerce after a general pacification [strikethrough: [undecipherable]] exempt from all duties or taxes, except such as [strikethrough: their commerce [undecipherable]] [strikethrough: [undecipherable]]. This[,] [strikethrough: while proposing] advantages to the [strikethrough: respectable body [undecipherable] [undecipherable] suffered [undecipherable] their depredations] and [strikethrough: [undecipherable]] [strikethrough: of France [undecipherable]] of the prospect of a supply to [strikethrough: their] W. India Island [strikethrough: [undecipherable]] as [strikethrough: the mother country cannot] under. [strikethrough: [undecipherable]] [strikethrough: [undecipherable]] might form a bridge for both nations on the article of spoliations.
With respect to defensive measures the Secy begs leave to refer to his note of the 8th inst.
In addition to the [strikethrough: [undecipherable] measures] to which [strikethrough: he has many] can [strikethrough: [undecipherable]], will it not be proper that our minister at the court of G.B. should be instructed on a rupture with France appearing to be inevitable, to engage a loan in ships or to purchase two lines of Battle ships and a few frigates from that court. These Eng[lish] could very
well share, and the more especially if to be employed against their enemy.
Would it not be expedient also, that [strikethrough: [undecipherable] not] Sweden & Denmark [strikethrough: to be] attended [strikethrough: [undecipherable]] ministers [strikethrough: sent [undecipherable] [undecipherable]] in the present juncture? [strikethrough: And might not [undecipherable] [undecipherable]] [strikethrough: [undecipherable] [undecipherable]] that [strikethrough: purpose]. [strikethrough: with Sweden] Next year the treaty expires which forms an additional reason [strikethrough: [undecipherable] [undecipherable]] a minister [strikethrough: [undecipherable]] to [strikethrough: that foreign] [strikethrough: further].
[strikethrough: [undecipherable] It there remain] only to [strikethrough: [undecipherable] be considered the] to suggest some particulars, which it may be proper should enter [strikethrough: noted] into [strikethrough: [undecipherable]] the Presidents speech.
[strikethrough: This those suggestions [undecipherable] [undecipherable]] may be proper to introduce.
A general notice of the [strikethrough: nature] crisis and the consequences of the circumstances [strikethrough: [undecipherable]] that have induced the case, to the [strikethrough: relevance [undecipherable]] to the [strikethrough: European] documents, [strikethrough: [undecipherable]] [undecipherable]
2. A firm reliance upon [strikethrough: their wisdom and [undecipherable]] of Congress following the impressions [strikethrough: among] resulting from the preceding consideration of the subject [strikethrough: [undecipherable]], [strikethrough: [undecipherable]] and efficacious measures, as [strikethrough: [undecipherable] [undecipherable]] exhibits a sincere desire to terminate the difficulties. and
[strikethrough: [undecipherable]] it is [strikethrough: necessary] [undecipherable]
It [strikethrough: cannot be concealed] that [strikethrough: the situation] of the U.S. is [strikethrough: extraordinary [undecipherable]], this unexpected attack upon our commerce and [strikethrough: [undecipherable]] from an express and important stipulation [strikethrough: in their treaty [undecipherable] of France] places the U.S. in a very [strikethrough: extraordinary] situation, which calls for [strikethrough: [undecipherable] [undecipherable]] the joint wisdom of the [strikethrough: Legislative and Executive [undecipherable]] powers of the union, for in a moment when so much is to [strikethrough: be apprehended] it would be [strikethrough: [undecipherable]]
an experiment full of hazard & humiliation [strikethrough: [undecipherable] to place the protection of too weighty to the [undecipherable]] hands to rely on the measures of one branch of the government unaided by the efficacious cooperation of the others.
[strikethrough: [undecipherable] [undecipherable] [undecipherable]]
[strikethrough: It remains] only to suggest some particulars which it may be proper should enter into the President's speech to Congress.
From the above view of the subjects referred it [strikethrough: very appears] results, that the President
That the President should state [strikethrough: briefly] the nature of the crisis and the circumstances that have induced the convening of Congress, conforming to the documents.
That he should lament that the sincere desire which the U.S. have uniformly shown to cultivate a good understanding and to maintain a friendly intercourse with France had not produced those correspondent effects which it was natural to expect from them.
That it cannot be concealed that the unmerited aggressions upon our commerce, and departure from an express and important stipulation in their treaty have placed the U.S. in a situation which calls for [strikethrough: the express] great wisdom and prudence — [strikethrough: [undecipherable] [undecipherable]]. The joint exercise of Legislative and Executive wisdom, prudence and firmness; for in a moment when so much is at stake and to be apprehended, it would be an experiment full of hazard and humiliation to rely on the measures [strikethrough: [undecipherable]] of one branch of the government
without the efficacious cooperation of the other.
That in such a state of things the issue of which cannot be foreseen, a sage precaution [strikethrough: [undecipherable] [undecipherable]] admonishes to [strikethrough: be prepared] for [strikethrough: [undecipherable] [undecipherable]] defensive [strikethrough: [undecipherable] measures competent to [undecipherable] the promote the protection of] defence, [strikethrough: to secure the] property of our citizens, [strikethrough: [undecipherable] [undecipherable]] to [strikethrough: divert minimizing] danger [strikethrough: or] to meet it should [strikethrough: all] attempts to [strikethrough: avoid it] by negotiation prove abortive. [undecipherable] [strikethrough: notwithstanding all circumstances to [undecipherable]]
That under this aspect of affairs it is recommended [strikethrough: to [undecipherable] be made for provisions adequate] to furnishing [strikethrough: [undecipherable]] equipping & manning for sea the frigates the U.S. Constitution & [strikethrough: [undecipherable]] Constitution, and for a further naval force to act as [strikethrough: vigorously] a defence for our coast and convoys to our trade.
That the military establishment be augmented in its artillery, Infantry and cavalry, and a provisional force of regular troops and militia so organised as to be easily and quickly brought into service should [strikethrough: they] occasion be wanted.
That the sea board fortifications be completed, and the ordnance and military stores [strikethrough: [undecipherable] or should this be deemed too particular. That under the [undecipherable] [undecipherable] [undecipherable] [undecipherable] secure the county from future aggressions.] augmented. [strikethrough: [undecipherable] [undecipherable] [undecipherable] [undecipherable]]
That it is in vain for the U.S. to expect that [strikethrough: [undecipherable] [undecipherable]] attention [strikethrough: [undecipherable] be paid] to their rights, and remain in a state of naval & military imbecility during those wars between powerful nations whose projects against each other [strikethrough: [undecipherable]] in their [strikethrough: [undecipherable] [undecipherable] the U.S. cannot] may [strikethrough: invade the] seaports, [strikethrough: or rights of territory [undecipherable]] freedom of their commerce. That [strikethrough: hiding] expenses
to help to warp an extensive foreign commerce, [strikethrough: [undecipherable]] for defensive purposes must be submitted to by a commercial people in the provinces of powerful nations, [strikethrough: [undecipherable] [undecipherable] for defensive purposes of they would remain] in all conjunctures the sole masters of their [strikethrough: [undecipherable]] government.
That as these measures may require a resort to new objects of revenue [strikethrough: [undecipherable] [undecipherable]] he cannot doubt of the [strikethrough: [undecipherable]] patriotism of the country to bear [strikethrough: [undecipherable] that may be practicable] burden, necessary to the common defence and general welfare.
General [strikethrough: axiom] of the union. Promise of plentiful crops — Attention to domestic manufactures. &c &c —
— That the tranquility of [strikethrough: [undecipherable]] a part of the S. western frontier has been recently disturbed and [strikethrough: [undecipherable]] by some [strikethrough: reciprocal] murders committed by the advanced [strikethrough: [undecipherable]] settlers on the borders of Tennessee, [strikethrough: [undecipherable]] & Cherokees. but there is reasonable grounds to believe that the measures [strikethrough: [undecipherable]] in operation has checked the [strikethrough: [undecipherable]] progress of this evil and [strikethrough: [undecipherable]] will secure due obedience to the laws [strikethrough: and from]
That every endeavour consistent with the national honour and the most sincere desire to preserve peace, and avert the calamities of war will be steadily pursued by the Executive.
Will it be expedient to lay the projects of the treaty and Instructions to the minister before the Senate for their advice and consent?
Such a procedure appears [strikethrough: [undecipherable]] [undecipherable] inasmuch as it [strikethrough: is probable] [strikethrough: [undecipherable]] might acquire publicity [strikethrough: and could expose the whole to premature] [strikethrough: both many] [strikethrough: [undecipherable]] in France [strikethrough: [undecipherable]] before being formally introduced. [strikethrough: [undecipherable] to the Directomy.] Inasmuch as the structures, and interests [strikethrough: [undecipherable]] it might [strikethrough: be [undecipherable]] [strikethrough: [undecipherable]] thus to [strikethrough: [undecipherable] and to] France might [strikethrough: [undecipherable]] prejudice the directory against it. Inasmuch as, admitting it to be [strikethrough: [undecipherable]] from the American people[,] it might [strikethrough: [undecipherable] [undecipherable] nevertheles be [undecipherable] to the directory [undecipherable]] give them an advantage [strikethrough: that would [undecipherable] [undecipherable] [undecipherable]] over the mission. [strikethrough: [undecipherable] And inasmuch [undecipherable] [undecipherable] [undecipherable]] or any other power with whom [strikethrough: [undecipherable]] [strikethrough: [undecipherable]] it might be necessary to [strikethrough: [undecipherable]] inexpedient that G.B. [strikethrough: [undecipherable] [undecipherable]] [strikethrough: [undecipherable] negotiations in the meanwhile would impair the project] terms upon which it was intended to treat with France, [strikethrough: before] [strikethrough: [undecipherable]] [strikethrough: a negotiation during the] [strikethrough: [undecipherable] [undecipherable] it might become necessary to [undecipherable]]
All this is respectfully submitted
Type
Draft Document
Description
Document, discusses whether or not the United States should send another minister to France, after the ill treatment Mr. Pinckney received from the Directorate.
Date
04/29/1797
Author
Collection
Document number
1797042900001
Page start
1
Note
Draft response to President's question. This draft document contains 24 pages--an unnumbered 'title' endorcement, 19 numbered pages (with 3 unnumbered pages interleaved with them ahead of pages 1,2, and 18--apparently notes made on the back of the page preceding), and a page containing a reference to a work by Joannes Franciscus Buddeus. (It is not clear that the last mentioned page was actually a part of this document, although it may indicate the source of some of the ideas contained in the paper.) This document was found in a packet of documents labled 'How to Avoid War with France.' This packet also included 4 other items: a shorter draft titled 'Opinions on questions proposed by the President,' two draft letters, and a 1 page memorandum--each of which we have dated 04/99[unknown]/1797.
Notable persons
James McHenry
Secretary of War
President John Adams
French Directory
Emperor of Germany
King of Prussia
Emperor
Mr Charles Cotesworth Pinckney
Mr Adet
Mr Thomas Jefferson
Mr Maddison
James Madison
French Armies
Congress
American people
belligerent powers
sailors
Cherokee
Notable locations
Germany
England
West India Islands
Italy
Rhine
Russia
France
Great Britain
Saxony
Paris
western frontier
Tennessee
Notable items
negotiation
mission to Paris
negotiation
peace
war
US Constellation
US Constitution
trade
treasury
commerce
depredations
mission
maritime resources
navy
insults and injuries
commission extraordinary
credit
appointment
treaty
complaints
constant state of change
documents
neutrality
freedom of navigation
articles contraband of war
rights
treaty of alliance
commercial relations
mutual interest
commercial treaty
French wines
salted fish
fish oils
brandy
French brandy
American tobacco
taxes
battleships
frigates
President's speech
patriotism
common defense
general welfare
advice
trade
sea property

