sident as soon as received, and he remarked, "that it could not be too soon communicated to the two Houses and the public." Yet he almost in the same instant received, through the same channel, Mr. King's information that that Arret was suspended, and though he knew we were making it the foundation of a retaliation bill, he has never yet communicated it. But the Senate knew the fact informally from the Secretary of State, and knowing it, passed the bill.

The President has appointed, and the Senate approved Rufus King, to enter into a treaty of commerce with the Russians, at London, and William Smith, (Phocion) Envoy Extraordinary and Minister Plenipotentiary, to go to Constantinople to make one with the Turks. So that as soon as there is a coalition of Turks, Russians and English, against France, we seize that moment to countenance it as openly as we dare, by treaties, which we never had with them before. All this helps to fill up the measure of provocation towards France, and to get from them a declaration of war, which we are afraid to be the first in making. It is certain the French have behaved atrociously towards neutral nations, and us particularly; and though we might be disposed not to charge them with all the enormities committed in their name in the West Indies, yet they are to be blamed for not doing more to prevent them. A just and rational censure ought to be expressed on them, while we disapprove the constant billingsgate poured on them officially. It is at the same time true, that their enemies set the first example of violating neutral rights, and continue it to this day; insomuch, that it is declared on all hands, and particularly by the insurance companies and denied by none, that the British spoliations have considerably exceeded the French during the last six months. Yet not a word of these 'hings is said officially to the Legislature.

Still further, to give the devil his due, (the French) it should be observed that it has been said without contradiction, and the people made to believe, that their refusal to receive our Envoys was contrary to the law of nations, and a sufficient cause of war; whereas, every one who ever read a book on the law of nations

knows, that it is an unquestionable right in every power to refuse to receive any minister who is personally disagreeable. Martens, the latest and a very respected writer, has laid this down so clearly and shortly in his "summary of the law of nations," B. 7. ch. 2. sec. 9, that I will transcribe the passage verbatim. "Section 9. Of choice in the person of the minister. The choice of the person to be sent as minister depends of right on the sovereign who sends him, leaving the right, however, of him to whom he is sent, of refusing to acknowledge any one, to whom he has a personal dislike, or who is inadmissible by the laws and usages of the country." And he adds notes proving by instances, &c. This is the whole section.

Notwithstanding all these appearances of peace from France, we are, besides our existing army of five thousand men, and an additional army of nine thousand (now officered and levying), passing a bill for an eventual army of thirty regiments (thirty thousand) and for regimenting, brigading, officering and exercising at the public expense our volunteer army, the amount of which we know not. I enclose you a copy of the bill, which has been twice read and committed in Senate. To meet this expense, and that of the six seventy-four's and six eighteen's, part of the proposed fleet, we have opened a loan of five millions at eight per cent., and authorize another of two millions; and at the same time, every man voting for these measures acknowledges there is no probability of an invasion by France. While speaking of the restoration of our vessel, I omitted to add, that it is said that our government contemplate restoring the Frenchmen taken originally in the same vessel, and kept at Lancaster as prisoners. This has furnished the idea of calling her a cartel vessel, and pretending that she came as such for an exchange of prisoners, which is false. She was delivered free and without condition, but it does not suit to let any new evidence appear of the desire of conciliation in France.

I believe it is now certain that the commissioners on the British debts can proceed together no longer. I am told that our two have prepared a long report, which will perhaps be made public.

The result will be, that we must recur again to negotiation, to settle the principles of the British claims. You know that Congress rises on the 3d of March, and that if you have acceded to my prayers, I should hear from you at least a week before our rising. Accept my affectionate salutations, and assurances of the sincere esteem with which I am, dear Sir, your friend and ser

vant.

TO JAMES MADISON.

PHILADELPHIA, February 19, 1799. DEAR SIR,-I wrote you last on the 11th; yesterday the bill for the eventual army of thirty regiments (thirty thousand) and seventy-five thousand volunteers, passed the Senate. By an amendment, the President was authorized to use the volunteers for every purpose for which he can use militia,.so that the militia are rendered completely useless. The friends of the bill acknowledged that the volunteers are a militia, and agreed that they might properly be called the "Presidential militia." They are not to go out of their State without their own consent. Consequently, all service out of the State is thrown on the constitutional militia, the Presidential militia being exempted from doing duty with them. Leblane, an agent from Desfourneaux of Gaudaloupe, came in the Retaliation. You will see in the papers Desfourneaux's letter to the President, which will correct some immaterial circumstances of the statement in my last. You will see the truth of the main fact, that the vessel and crew were liberated without condition. Notwithstanding this, they have obliged Leblane to receive the French prisoners, and to admit, in the papers, the terms, "in exchange for prisoners taken from us," he denying at the same time that they consider them as prisoners, or had any idea of exchange. The object of his mission was not at all relative to that; but they choose to keep up the idea of a cartel, to prevent the transaction from being used as evidence of the sincerity of the French government towards a reconciliation. He came to assure us of a discontinuance of al

irregularities in French privateers from Gaudaloupe. He has been received very cavalierly. In the meantime, a consul general is named to St. Domingo; who may be considered as our minister to Toussaint.

But the event of events was announced to the Senate yesterday. It is this: it seems that soon after Gerry's departure, overtures must have been made by Pichon, French charge d'affaires at the Hague, to Murray. They were so soon matured, that on the 28th of September, 1798, Talleyrand writes to Pichon, approv-. ing what had been done, and particularly of his having assured Murray that whatever Plenipotentiary the government of the United States should send to France to end our differences would undoubtedly be received with the respect due to the representative of a free, independent and powerful nation; declaring that the President's instructions to his Envoys at Paris, if they contain the whole of the American government's intentions, announce dispositions which have been always entertained by the Directory; and desiring him to communicate these expressions to Murray, in order to convince him of the sincerity of the French government, and to prevail on him to transmit them to his government. This is dated September the 28th, and may have been received by Pichon October the 1st; and nearly five months elapse before it is communicated. Yesterday, the President nominated to the Senate William Vans Murray Minister Plenipotentiary to the French republic, and added, that he shall be instructed not to go to France, without direct and unequivocal assurances from the French government that he shall be received in character, enjoy the due privileges, and a minister of equal rank, title and power, be appointed to discuss and conclude our controversy by a new treaty. This had evidently been kept secret from the federalists of both Houses, as appeared by their dismay. The Senate have passed over this day without taking it up. It is said they are graveled and divided; some are for opposing, others do not know what to do. But in the meantime, they have been permitted to go on with all the measures of war and patronage, and when the close of the session is at hand it is made

known. However, it silences all arguments against the sincerity of France, and renders desperate every further effort towards war. I enclose you a paper with more particulars. Be so good as to keep it till you see me, and then return it, as it is the copy of one I sent to another person, and is the only copy I have. Since I began my letter I have received yours of February the 7th and 8th, with its enclosures; that referred to my discretion is precious, and shall be used accordingly.

Affectionate salutations to Mrs. Madison and yourself, and adieu

TO E. PENDLETON.

PHILADELPHIA, February 19, 1799. DEAR SIR,-Since my last, which was of the 14th, a Monsieur Leblane, agent from Desfourneaux, has come to town. He came in the Retaliation, and a letter of Desfourneaux, of which he was the bearer, now enclosed, will correct some circumstances in my statement relative to that vessel which were not very material. It shows, at the same time, that she was liberated without condition; still it is said (but I have no particular authority for it) that he has been obliged to receive French prisoners here, and to admit in the paper that the terms in exchange for prisoners taken from us, should be used, he declaring, at the same time, that they had never considered ours as prisoners, nor had an idea of exchange. The object of his mission was to assure the government against any future irregularities by privateers from Gaudaloupe, and to open a friendly intercourse. He has been treated very cavalierly. I enclose you the President's message to the House of Representatives relative to the suspension of the Arret, on which our retaliation bill is founded.

A great event was presented yesterday. The President communicated a letter from Talleyrand to Pichon, French chargé des affaires at the Hague, approving of some overtures which had passed between him and Mr. Murray, and particularly of his hav