Slike strani

parte, late ambassador of the French republic at Rome, and counsellor of state; Charles Peter Claret Fleurieu, member of the national institute, and of the board of longitude, counsellor of state, and president of the section of marine; and Peter Lewis Roederer, member of the national institute, counsellor of ftáte, and president of the section of the interior; and the President of the United States of America, by and with the advice and consent of the Senate of the faid States, has nominated, as their plenipotentiaries, Oliver Elsworth, chief justice of the United States'; William Richardson Davie, late governor of South Ca. rolina, and William Vans Murray, resident minister of the United States at the Hague :

Who, after having exchanged their credentials, and long and maturely discussed the respective interests of the two states, have agreed to the following conditions:

1. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the French republic and the United States of America, as well as between their countries, territories, cities, and towns, and between their citizens and inhabitants, without exception of persons or places.

II. The minister plenipotentiary of the two parties not being able, for the present, to come to an agreement with regard to the treaty of alliance of the 6th February 1778, the treaty of friendihip and commerce of the same date, and the convention under date of the 14th November 1778; nor, likewise, with regard to the indemnities mutually due or reclaimed; the parties will negotiate ulteriorly upon those points at a convenient time; and till they have come to a definitive agreement, the said treaties and conventions thall have no effect, and the relations of the two states shall be regulated as follows:

III. The vessels belonging to government which have been taken on both sides, or which may be taken before the exchange of the ratifications, shall be restored.

IV. The property captured and not yet definitively condemned, or which may be captured before the exchange of the ratifications, except contraband merchandise destined for an enemy's port, thall be mutually restored, upon the following proofs of property, viz.

On both sides the proofs of property, with regard to merchantveffels, armed or not armed, shall be a passport in the following form:

“To all those to whom these presents may come, be it known, that freedom and permission have been granted to

master or commander of the ship called , of the city of of the burden of tons, or thereabout, at present in the port and harbour of and bound for laden with ;


b 2

the year

that after his ship has been visited, and before his departure, he shall make oath before the officers authorized for that purpose, that the said ship belongs to one or more of the subjects of whose agreement shall be subjoined at the bottom of the pastport; likewise, that he will observe and make be observed by his crew, the maritiine ordinances and regulations; and he thall deliver a lift signed and attested by witneffes, containing the names and surnames, the births, places, and residences, of the persons composing the crew of his thip, and of all those who shall ein, bark with him, whom he thall not receive on board without the permission of the authorized officers; and in every port or harbour he shall enter with his thip, he shall show the present permission to the officers authorized for this purpose, and shall give them a faithful account of what has happened during his voyage; and he shall carry the colours, arms, and enlign [of the French republic, or of the United States] during his raid voyage.--In witness whereof we have signed this paper, have made it be countersigned by —, and have affixed to it scals bearing our arms. “ Given at

of our Lord And this passport shall of itself be sufficient, notwithstanding all regulations to the contrary. It Thall not be required that this palsport be renewed or revoked, whatever number of voyages the vefsel may make, at least if she has not touched at her own port during the course of a year,

With regard to the cargo, the proofs shall be certificates containing an account of the place from which the vessel has failed, and that to which she is bound; so that prohibited and contraband goods may be distinguished by certificates, which certificates shall have been made by the officers of the place from which the vessel shall have failed, in the usual forin of the country; and if these passports, or certificates, or either of them, have been destroyed by accident, or feized by violence, the want of thein may be supplied by all the other proofs of property admillible according to the general usage of nations.

For other than merchant-thips the proofs shall be the commisfion which they bcar.

This article shall take eficet from the date of the signature of the present convention; and if, after the date of the said signature, property shall be condemned, contrary to the spirit of the faid convention, before this ftipulation is known, the property thus condemned Mall, without delay, be restored, or paid for.

V. The debts contracted by one of the two nations to individuals of the other, or by individuals of the one to individuals of the other, mall be paid, or their payment shall be sued for, as if there had been no misunderstanding between the two states;


but this clause shall not extend to indemnities claimed for captures or condemnations.

VI. The commerce between the two parties Mall be free; the vessels of the two nations, and their privateers, as well as their prizes, thall be treated, in the respective ports, as those of the most favoured nations; and in general the two parties shall enjoy in the ports of each other, in what respects commerce and navigation, all the privileges of the most favoured nations.

VII. The citizens and inhabitants of the United States shall be allowed to dispose, by teftament, gitt, or otherwise, of their property, real and personal, pofseffed in the European territories of the French republic; and the citizens of the French republic shall have the same power with regard to real and personal property possessed in the territories of the United States, in favour of such persons as to them shall seem good. The citizens and inhabitants of one of the two states who shall be heirs to property, real or personal, situated in the other, thall succeed ab intestato, without there being occasion for letters of naturalization, and without it being pollible for the effect of this stipus lation to be denied or disputed under any pretext whatsoever ; and the said heirs, whether by will or ob inteftato, fhall, in both nations, be free from every tax. It is ftipulated that this article shall, in no wise, infringe the laws which are now in force in the two nations, or which may hereafter be enacted against emigration ; and likewise, that, in case the laws of one of the two itates thould limit the rights of foreigners to real property, it shall be lawful to sell such property, or to dispose of it otlerwise, in favour of the inhabitants or citizens of the country in which it is situated; and the other nation thall be at liberty to establish similar regulations.

VIII. In order mutually to promote the operations of commerce, it is agreed, that if (which the Lord forbid!) war should break out between the two countries, there thall be allowed, mutually, to the merchants and other citizens, or respective inhabitants, six months after the declaration of war, during which period they will have the permission to retire with such goods and effects as they inay be able to carry off, or to sell the whole, agreeably to their own option, without the interposition of any restra nt. Not only their goods, much less their persons, can be seized on, during the prescribed period of fix months. On the contrary, they thall be furnished with passports, to secure their safe return home. These passports shall avail them as guarantees against every insult and seizure on the part of privateers, who may attempt to capture their goods, or their persons; and if, within the term above mentioned, they should fuliain from any of the parties, their fellow.citizens, or abettors, any damage or in



jury, either in their persons or property, they shall receive con plete satisfaction thereof,

IX. The debts due by the individuals of one or the other n tion to the individuals of the other, hall not, in any case of ho tility or national disagreement, be sequestrated or confiscated, i more than ihe deposits that are placed in the public funds, or i the houses of pubiic or private bankers.

X. The two contracting parties may appoint, for the protec tion of commerce, commercial agents, who shall relide i France and in the United States. Each party may point ou the spot where they may with their agents to be placed. Befor any agent can exercise his functions, he must be received in th nsual forms by the party among whom he is to relide; and whe he is received, and provided with his exequatur, he shall enjo the rights and privileges that are to be cnjoyed by the most fa voured nations.

XI. The citizens of the French republic shall not pay in the ports, harbours, creeks, illands, districts, or in any part of the United States, any higher imports on entries of what foever nature or denomination than those that are or must be paid by the most favoured nation's; and they mall enjoy all the rights, Jiberties, privileges, iinmunities, and exemptions, as far as gards trade, navigation, and commerce, whether in palling from any one of the ports to the other of the said United States, or in going thither or coming from thence, or whether they be dertined for any other part of the world, provided the above-mentioned powers are participants, or may participate therein. And, reciprocally, the citizens of the United States shall enjoy within the territory of the French republic in Europe, the same privileges, immunities, &c. &c. not only with regard to their persons and property, but also as to what relates to trade, navigation, and commerce.

XII. The citizens of the two nations may 'convey their ships and merchandise, excepting always contraband goods, into any port belonging 10 the enemy of the other country. They may navigate and trade, in full freedom and security, with their mer. chandise and ships in the country, ports, &c. of the enemies of either party, without encountering any obstacle or control; and not only pass directly from the ports and fortresses of the enemy above mentioned into neutral ports and fortrelles, but, moreover, from any place belonging to an enemy into any other appertaining to another enemy, vhether it be or be not subjected to The farme jurisdiction, unless these ports or fortresses be actually belieged, blockaded, or invested.

And in case, as it often happens, that veffels fail for a fortress or port belonging to an encmy, without knowing that they are

belieged, 4

[ocr errors]

belieged, blockaded, or invested, it is provided, that every ship that shall be found in such circumstances fhall veer off from fuch harbour or fortress, without being exposed to be detained or confiscated in any part of its cargo (unless it be contraband, or that it be proved that the faid ship, after having been apprized of the said blockade, &c. bad attempted to enter into such harbour), but it shall be empowered to go into any other port or harbour it may deem convenient. No thip belonging to either nation, that enters into a port or fortress before it be really put in a state of fiege or blockade by the other, shall be prevented from failing out with its cargo.

XIII. In order to regulate what is understood by contraband during war, under that head are to be comprised gunpowder, faltpetre, petards, matches, balls, bullets, bomb-hells, pistols, halberds, cannon, harnesses, artillery of all forts, and, in general, all kinds of arms and implements for the equipment of troops. All the above-mentioned articles, whenever they shall be found destined for an enemy's port, shall be declared contraband, and justly exposed to conscation. But the ship with which they were freighted, as well as the rest of the cargo, shall be regarded as free, and in no manner shall be vitiated by the contraband goods, whether they belong to many, or to one and the same proprietor.

XIV. It is stipulated by the present treaty, that free ships fall likewise ensure the freedom of goods, and that all things on board thall be reckoned free belonging to the citizens of one of the contrading parties, although the cargo, or part of it, should belong to the enemies of the two; it being understood, nevertheless, that contraband goods will always be excepted.

It is, likewise, agreed, that this freedom thall extend to the persons of those who ihall be found on board the free thips, although they hould be enemies to one of the two contracting parties; and it fhall not be lawful to take them from the said free fhips, at least if they are not soldiers, and actually in the service of the toemy.

XV. It is agreed, on the other hand, that all goods found put by the respective citizeps on board fhips belonging to the enemy of the other party, or to their subjects, shall be confiscated, without distinction of prohibited or non-prohibited, and, likewise, if they belong to the enemy, to the excep:ion always of effects and merchandises which shall have been put on board the said ships before the declaration of war, or even after the above declaration, if it could not be known at the moment of lading; so that the merchandises of the citizens of the two parties, whether they are contraband or otherwife, which, as has been said, shall have been put on board a vessel belonging to an enemy before the war, or even after the declaration of war, when it was


« PrejšnjaNaprej »