The American plenipotentiaries were driven to choose between abandonment of the negotiations and abandonment of their instructions. It was clear, from French persistency, that the treaties, with all the counter-claims, must be recognized, or the indemnities, with all the claims, must be sacrificed. The American plenipotentiaries then took the extraordinary responsibility of a proposition which discloses not only their earnest desire for a settlement, but also their sense of pressure from France. It was nothing less than a price, in money, for release from certain stipulations; but this was to be accomplished by “a reciprocal stipulation for _indemnities limited to the claims of individuals_.”[186] The French plenipotentiaries, in reply, insisted upon recognition of the treaties in general terms, and also the rights of their privateers in our ports; yet they offered to commute the guaranty for a sum of money.[187] The American plenipotentiaries, hampered by the recent treaty with Great Britain, were obliged to reject this proposition; but, after requiring the satisfaction of “individual” claims, they offered, in general terms, that “the former treaties be renewed and confirmed, and have the same effect as if no misunderstanding between the two powers had intervened”; and further, that, _in consideration of eight millions of francs_, the United States should be released from the guaranty, and also from those other articles relating to prizes which had caused so much embarrassment.[188] Then the French plenipotentiaries assumed a new position in the following reply, September 4, 1800. “_To the Ministers Plenipotentiary of the United States at Paris_:-- “We shall have the right to take our prizes into the ports of America. “A commission shall regulate the indemnities which either of the two nations may owe to the citizens of the other. “_The indemnities which shall be due by France to the citizens of the United States shall be paid for by the United States. And in return for which, France yields the exclusive privilege resulting from the 17th and 22d articles of the Treaty of Commerce, and from the rights of guaranty of the 11th article of the Treaty of Alliance._ “BONAPARTE. “C. P. CLARET-FLEURIEU. “ROEDERER.”[189]