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not known, shall in no wise be subject to confiscation, but fall faithfully and bona fide be restored, without delay, to their proprietors, who fall claim them; it being, nevertheless, understood that it is unlawful to carry into the enemy's ports any goods which are contraband. The two contracting parties agree that two months having elapsed after the declaration of war, their respective citizens, from whatever part of the world they come, shall not be allowed to allege the ignorance in question in the present article.
XVI. Merchant-thips belonging to the citizens of either of the two contracting parties, where they would wish to enter the ports of the enemy of one of the two parties, if voyage or cargo give just cause of fufpicion, the said ships shall be obliged to exhibit on the high seas, as well as in harbours or roads, not only their passports but likewise their certificates, proving that these effects are not of the same kind as those contraband articles specified in article XIII. of the present convention.
XVII. And to avoid captures upon frivolous suspicions, and to prevent the mischief which results from them, it is agreed, that when one of the two parties shall be at war, and the other neutral, the vessels of the neutral party shall be furnished with passports similar to those specified in article IV. so that it may thus appear that the vessels belong truly to the neutral party. These passports thall be valid for any number of voyages; but they shall be renewed every year, if the vessel ie. turns home during the course of
If these ships are laden, they shall be furnished, not only with the passports above mentioned, but likewise with the cer. tificates defcribed in the same artide, so that it may be known whether any contraband merchandise is on board. There thall not be demanded any other document, notwithstanding all usages to the contrary; and if it does not appear by these certificates that there is any contraband merchandise on board, the vefsels shall be allowed to proceed on their voyages. If, on the contrary, it appears by these certificates that the vessels have contraband merchandises on board, and the master offers to deliver them up, the offer shall be accepted, and the ship fhall be left at liberty to proceed on her voyage, at least if the quantity of contraband merchandise is not too great to be conveniently taken on board a fhip of war or privateer; in that case, it fhall be lawful to take the ship into a harbour, there to deliver the said merchandise.
If a fhip is found without the passport or the certificates thus demanded, the affair shall be examined by the judges, or competent tribunals; and if it appears, by other documents or proofs admiffible by the usage of nations, that the fhip belongs to the citizens of the neutral party, the Thall not be con
dcmined, but shall be fet at liberty with her cargo, the contrabaud goods excepted, and shall be at liberty to proceed on her voyage.
If the captain, named in the passport of the ship, should die, or cease to command her, from any cause, and another is'appointed in his stead, the ship and her cargo shall not be less secure, and the passport shall remain in all its force.
XVIII. If the ships of the citizens of either are met on the coast, or on the high seas, by any ship of war or privateer of the other, to prevent all disorder, the said ships of war or privateers shall keep out of cannon-thot, and shall send their boats to the merchant-vessel they shall meet: it shall not be law, ful for more than two or three to go on board, and to ask the master to produce the passport concerning the property of the thip, drawn out according to the formula prescribed in article IV. as well as the certificates above mentioned with regard to the cargo. It is expressly agreed, that the neutral shall not be obliged to go on board the visiting vessel, there to produce his pa. pers, or give any inforination whatever.
XIX. It is expressly agreed by the parties, that the above ftipulations, with regard to the conduct to be held on the sea by the cruisers of the belligerent party to the traders of the neutral party, Hall not apply but to vessels failing without convoy; and in case the said thips shall be convoyed, the intention of the parties being to pay all respect due to the protection of the flag carried by ships belonging to the nation, it Thall not be lawful to visit them. But the verbal declaration of the commandant of the escort, that the vessels under his convoy belong to the nation whose flag he carries, and that they have nothing contraband on board, Thall be considered by the respective cruisers as fully fufficient; the two parties reciprocally engaging not to admit under the protection of their convoys any vessels carrying prohibited goods to an eneiny's port.
XX. Where veftels shall be taken or stopped tinder pretence of carrying some contraband article to the enemy, the captors Thall give a receipt of the papers of the thip which he thall retain, which receipt shall be joined to a correct invoice of the said papers: ir fhall not be permitted to force nor to break open drawers, chests, trunks, boxes, bales, or vases, found on board of the said thip, nor to carry off the least article of the effects before the cargo has been disembarked in presence of the coinpetent officers, who shall, make an inventory of the said effects : they cannot in any manner be fold, exchanged, or alienated, at least rill, after a legal process, the competent judge or judges have palled sentence of confiscation (always excepting, however, the ship and other articles which the contains). Vol. X.
XXI. That the ship and cargo may be watched over with care, and to prevent waste, it is determined, that the master, captain, or supercargs, of the captured vefsel shall not be removed from on board, either while the ship shall be at fea, after having been taken, or during the proceedings which take place against her, her cargo, or something relating to her.
Where the ship belonging to the citizens of either of the parties shall be taken, seized, or detained, to be tried, her officers, pallengers, and crew, shall be treated with huinanity ; they shall not be imprisoned, nor stripped of their clothes, nor of money for their private use, which must not exceed, for the captain, supercargo, or mate, soo dollars each, and for the failors and pallengers 100 dollars each.
XXII. It is further agreed, that in all cases the tribunals established for prize caufes in the countries to which the prizes thall be conducted, thall alone be competent to take cognizance of them; and whatever judgment the tribunal of ore party pronounces against any fhip or merchandises, or property claimed by citizens of the other, the sentence shall make mention of the reasons or motives which have led to this judgment, an authentic 'copy of which, together with all the proceedings relating to it, shall be delivered upon demand, without delay, to the captain or agent' of the said ship, upon his paying the fees.
XXIII. And to provide more effectually for the safety of the citizens of the two contracting parties, and to prevent the injuries they might have to fear from the thips of war or privateers of each other, all commanders of ships of war, or of privateers, and all other citizens of one of the two parties, thall abstain from doing any damage to the citizens of the other, and from offering any insult 10 their persons. If they do the contrary, they thall be punilhed, and held to give, in their persons and property, satisfaction and reparation, with interest, for the injury, of whatever kind it may have been.
For this purpose, all captains of privateers, before receiving their commillions, thall enter into an obligation, before a competent judge, to give a guarantee, at least, by two responsible suretics, who Thall have no interest in the said privateers, and each of whom, as well as the captain, shall engage particularly and indefcafibly for the fun of 7000 dollars, or 36,820 francs; and if the said vessels carry more than 150 sailors, or soldiers, for the sum of 14,000 dollars, or 73,640 francs, which shall serve to compensate for the injuries or damages which the faid privateers, their officers, crews, or any of them, thall have donc or comınitted during their cruise, contrary to the condilions of the present convention, or to the laws and instructions which onght to be the rule of their conduct; in addition to which, the said commiffions shall be revoked and annulled, in all cafes where there has been any aggrellion.
XXIV. When the ships of war belonging to the two contrading parties, or those which their citizens may have armed as privateers, Thall be admitted to take their prizes into the peris of one of the two parties, the said thips, whether public or private property, as well as their captures, Thall not be obliged to pay any duties, either to the officers of the spot or to the judges, or any other authorities whatever. The above-mentioned prizes, when they enter the ports or harbours of one of the two parties, cannot be seized or stopped; and the officers of the place cannot take any cognizance of the validity of such prizes, which shall be at iiberty to go out and sail, without any control, to such places as the captains of such thips shall now them io be bound to. It is uniforınly to be understood, that the ftipulations of this article shall not be extended beyond the privilcges of the most favoured nations.
XXV. All privateers, bearing commissions from a state or prince at war with one or the other nation, shall not fit out their fips in the ports of one or the other nation, nor there fell their prizes; neither shall they be permitted to purchase more provie lions than what may be necessary to enable them to make the nearest harbour of that ftate or prince from whom they have received their commiffion.
XXVI. It is moreover agreed, that none of the contracting parties, not only shall not admit pirates into theit ports, harbours, or towns, nor shall they permit any of the inhabitants to receive, protect, or conceal them in any manner; but, moreover, that a just punishment shall be inflicted on such of the inhabitants who may be guilty of such offences. The ships belonging to such pirates, together with the goods taken by them, and carried into the ports of one or the other nation, shall be seized upon wherever they may be found, and restored to their owners, or their agents or factors, duly by them authorized ; provided always they shall have proved, before a competent tribunal, their right of property.
And if the said effects should have passed by sale into other hands, and that the captors were, or might have been, so informed, a suspicion should arise that the said effects had been carried off by pirates, they mould, nevertheless, be, in like manner, restored.
XXVII. Neither of the two nations shall participate in the fisheries of the other on its coasts, nor disturb it in the rights which it now enjoys, or may enjoy, on the coasts of Newfoundland, in the Gulf of St. Lawrence, or in any other place whatever on the coast of America, to the north of the United
States. But the whale fishery shall be open to both nations in all parts of the globe.
This convention shall be ratified on both sides in full and due form, and the ratifications shall be exchanged within the space of fix months, or sooner, if pofsible.
In testimony whereof, the respective plenipotentiaries have signed the above articles, both in the English and French languages, and have thereto affixed their seals, declaring, moreover, that their signature in both languages shall not be adduced as a precedent, and shall no wise prove disadvantageous to either party.
Done at Paris, the 8th Vendemiaire, 9th year of the
W. V. MURRAY.
C. M. TALLEYRAND.
Substance of a Convention concluded between General Augereau, au
thorized by the French Government to treat with the States of the
Empire, and his Highness the Prince Charles of Isembourg. THERE Mall be peace, friendship, and good intelligence, be.
tween the contracting parties. The territory of Isembourg and its dependencies shall be considered as allied countries, and fhall be exempted, as such, from all military contributions and charges. If the military operations thould require the passage or the lodgment of the French armies, nothing shall be required but on the payment of ready money. The Prince of Isembourg is to furnith, on these terms, a contribution of 100,000 livres, in three payments, to be paid into the chests of the French paymasters of the army.
This convention, ratified by the First Conful on the ist Ostober 1800, and the decree, which is figned Bonaparte, ftates, that the principality and possessions of the Prince and Count of Įsembourg fhall enjoy the full benefit of neutrality,