tral rights, & continue them to this day; insomuch that it is declared on all hands, & particularly by the insurance companies & denied by none, that the British spoliations have considerably exceeded the French during the last 6. months. Yet not a word of these things 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 L. 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 & 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 sent, of refusing to acknolege any one, to whom he has a personal dislike, or who is inadmissible by the laws & 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 5.000 men, & additional army of 9.000 (now officered and levying), passing a bill for an eventual army of 30 regiments (30,000) and for regimenting, brigad

ing, officering & 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 & committed in Senate. To meet this expence, & that of the 6. 72's & 6. 18's part of the proposed fleet, we have opened a loan of 5. millions at 8 per cent., & authorize another of 2 millions; and at the same time, every man voting for these measures acknoleges 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 & 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 negociation, 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 & assurances of the sincere esteem with which I am, dear Sir, your friend and servant.

TO JAMES MADISON.

MAD. MSS.

Feb 19, 99.

I wrote to you last on the 11th; yesterday the bill for the eventual army of 30 regiments (30.000) & 75.000 volunteers, passed the Senate. By an amendment, the P was authorized to use the volunteers for every purpose for which he can use militia, so that the militia are rendered compleatly useless. The friends of the bill acknoleged that the volunteers are a militia, & 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. Leblanc, an agent from Desfourneaux of Guadaloupe, 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 & crew were liberated without condition. Notwithstanding this, they have obliged Leblanc to receive the French prisoners, & 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 chuse to keep up the idea of a cartel, to prevent the transaction from being used as evidence of the sincerity of the French govent towards a reconciliation. He came to assure us of a discontinuance of all irregular

ities in French privateers from Guadaloupe. 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 chargé d'affaires at the Hague, to Murray. They were so soon matured, that on the 28th of Sep, 98, Taleyrand writes to Pichon, approving what had been done, & particularly of his having assured Murray that whatever Plenipotentiary the govent of the US should send to France to end our differences would undoubtedly be received with the respect due to the representative of a free, indepndt & 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; & desiring him to communicate these expressions to Murray, in order to convince him of the sincerity of the French government, & to prevail on him to transmit them to his government. This is dated Sep 28. & may have been received by Pichon Oct 1 ; and nearly 5. months elapse before it is communicated. Yesterday, the P nominated to the Senate W V Murray Mr Pl to the French republic, & adds, that he shall be instructed not to go to France, without direct & unequivocal assurances from the Fr government that he shall be received in character, enjoy the due privileges, and a

minister of equal rank, title & power, be appointed to discuss & conclude our controversies by a new treaty. This had evidently been kept secret from the Feds 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 & 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 & patronage, & 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, & then return it, as it is the copy of one I sent to another person, & is the only copy I have. Since I began my letter I have received yours of Feb 7 and 8, with it's enclosures; that referred to my discretion is precious, and shall be used accordingly.

Affectionate salutations to mrs. M & yourself,

adieu

P. S. I have committed you & your friends for 100 D. I will justify it when I see you.

TO EDMUND PENDLETON.

J. MSS.

PHILADELPHIA, Feb 19, 99.

DEAR SIR,-Since my last, which was of the 14th, a Monsr Leblanc, agent from Desfourneaux, has come to town. He came in the Retaliation, and a letter of