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not known, shall in no wife be fubject to confifcation, but fhall faithfully and bona fide be restored, without delay, to their proprietors, who fhall 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 elapfed after the declaration of war, their respective citizens, from whatever part of the world they come, fhali not be allowed to allege the ignorance in queftion in the present article.

XVI. Merchant-fhips 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 juft caufe of fufpicion, the faid fhips fhall be obliged to exhibit on the high feas, as well as in harbours or roads, not only their paffports but likewife their certificates, proving that these effects are not of the fame kind as those contraband articles specified in article XIII. of the prefent convention.

XVII. And to avoid captures upon frivolous fufpicions, and to prevent the mischief which results from them, it is agreed, that when one of the two parties fhall be at war, and the other neutral, the veffels of the neutral party shall be furnished with paffports fimilar to those specified in article IV. so that it may thus appear that the veffels belong truly to the neutral party. Thefe paffports fhall be valid for any number of voyages; but they fhall be renewed every year, if the veffel ieturns home during the course of a year.

If thefe fhips are laden, they fhall be furnished, not only with the paffports above mentioned, but likewife with the certificates defcribed in the fame article, fo that it may be known whether any contraband merchandise is on board. There fhall not be demanded any other document, notwithstanding all ufages to the contrary; and if it does not appear by these certi ficates that there is any contraband merchandife on board, the veffels fhall be allowed to proceed on their voyages. If, on the contrary, it appears by thefe certificates that the veffels have contraband merchandifes on board, and the master offers to deliver them up, the offer fhall be accepted, and the ship fhall be left at liberty to proceed on her voyage, at leaft if the quantity of contraband merchandife is not too great to be conveniently taken on board a fhip of war or privateer; in that cafe, it fhall be lawful to take the fhip into a harbour, there to deliver the faid merchandise.

If a ship is found without the paffport or the certificates thus demanded, the affair fhall be examined by the judges, or competent tribunals; and if it appears, by other documents or proofs admiffible by the ufage of nations, that the fhip belongs to the citizens of the neutral party, the shall not be con

demned,

demned, but fhall be fet at liberty with her cargo, the contraband goods excepted, and fhall be at liberty to proceed on her

voyage.

If the captain, named in the paffport of the fhip, fhould die, or ceafe to command her, from any caufe, and another is appointed in his ftead, the fhip and her cargo fhall not be lefs fecure, and the paffport fhall remain in all its force.

XVIII. If the fhips of the citizens of either are met on the coaft, or on the high feas, by any fhip of war or privateer of the other, to prevent all diforder, the faid fhips of war or privateers fhall keep out of cannon-fhot, and fhall fend their boats to the merchant-veffel they fhall meet: it fhall not be law, ful for more than two or three to go on board, and to ask the mafter to produce the paffport concerning the property of the fhip, 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 fhall not be obliged to go on board the vifiting veffel, there to produce his pa pers, or give any information whatever.

XIX. It is exprefsly agreed by the parties, that the above sti pulations, with regard to the conduct to be held on the fea by the cruifers of the belligerent party to the traders of the neutral party, fhall not apply but to veffels failing without convoy; and in cafe the faid fhips fhall be convoyed, the intention of the parties being to pay all refpect due to the protection of the flag carried by fhips belonging to the nation, it thall not be lawful to visit them. But the verbal declaration of the commandant of the efcort, that the veffels under his convoy belong to the nation whofe flag he carries, and that they have nothing contraband on board, fhall be confidered by the refpective cruifers as fully fufficient; the two parties reciprocally engaging not to admit under the protection of their convoys any veffels carrying prohibited. goods to an enemy's port.

XX. Where veffels fhall be taken or ftopped under pretence of carrying fome contraband article to the enemy, the captors fhall give a receipt of the papers of the thip which he fhall retain, which receipt fhall be joined to a correct invoice of the faid papers: it fhall not be permitted to force nor to break open. drawers, chefts, trunks, boxes, bales, or vafes, found on board of the faid fhip, nor to carry off the leaft article of the effects before the cargo has been difembarked in prefence of the competent officers, who fhall make an inventory of the faid effects: they cannot in any manner be fold, exchanged, or alienated, at leaft till, after a legal procefs, the competent judge or judges have paffed fentence of confifcation (always excepting, however, the hip and other articles which the contains). VOL. X.

C

XXI.

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XXI. That the fhip and cargo may be watched over with care, and to prevent wafte, it is determined, that the mafter, captain, or fupercargo, of the captured veffel fhall not be removed from on board, either while the fhip fhall be at fea, after having been taken, or during the proceedings which take place against her, her cargo, or fomething relating to her.

Where the fhip belonging to the citizens of either of the parties fhall be taken, feized, or detained, to be tried, her officers, paffengers, and crew, fhall be treated with humanity; they fhall not be imprifoned, nor ftripped of their clothes, nor of money for their private ufe, which must not exceed, for the captain, fupercargo, or mate, 500 dollars each, and for the failors and paffengers 100 dollars each.

XXII. It is further agreed, that in all cafes the tribunals eftablished for prize caufes in the countries to which the prizes fhall be conducted, fhall alone be competent to take cognizance of them; and whatever judgment the tribunal of ore party pronounces against any fhip or merchandifes, or property claimed by citizens of the other, the fentence fhall 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, fhall be delivered upon demand, without delay, to the captain or agent of the faid fhip, upon his paying the fees.

XXIII. And to provide more effectually for the fafety of the citizens of the two contracting parties, and to prevent the injuries they might have to fear from the fhips of war or privateers of each other, all commanders of fhips of war, or of privateers, and all other citizens of one of the two parties, thall abftain from doing any damage to the citizens of the other, and from offering any infult to their perfons. If they do the contrary, they thall be punished, and held to give, in their perfons and property, fatisfaction and reparation, with intereft, for the injury, of whatever kind it may have been.

For this purpofe, all captains of privateers, before receiving their commillions, fhall enter into an obligation, before a competent judge, to give a guarantee, at leaft, by two responsible fureties, who fhall have no intereft in the faid privateers, and each of whom, as well as the captain, fhall engage particularly and indefeafibly for the fum of 7000 dollars, or 36,820 francs; and if the faid veffels carry more than 150 failors, or foldiets, for the fum of 14,000 dollars, or 73,640 francs, which fhall ferve to compenfate for the injuries or damages which the faid privateers, their officers, crews, or any of them, fhall have done or committed during their cruife, contrary to the conditions of the prefent convention, or to the laws and inftructions which ought to be the rule of their conduct; in addition to

which, the faid commiffions fhall be revoked and annulled, in all cafes where there has been any aggreffion.

XXIV. When the fhips of war belonging to the two contracting parties, or those which their citizens may have armed as privateers, fhall be admitted to take their prizes into the perts of one of the two parties, the faid fhips, whether public or private property, as well as their captures, hall not be obliged to pay any duties, either to the officers of the fpot 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 feized or ftopped; and the officers of the place cannot take any cognizance of the validity of fuch prizes, which fhall be at liberty to go out and fail, without any control, to fuch places as the captains of fuch hips fhall fhow them to be bound to. It is uniformly to be understood, that the ftipulations of this article fhall not be extended beyond the privileges of the most favoured nations.

XXV. All privateers, bearing commiffions from a flate or prince at war with one or the other nation, fhall not fit out their fhips in the ports of one or the other nation, nor there fell their prizes; neither fhall they be permitted to purchafe more provifions than what may be neceffary 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 fhall not admit pirates into their ports, harbours, or towns, nor fhall they permit any of the inhabitants to receive, protect, or conceal them in any manner; but, moreover, that a juft punishment fhall be inflicted on fuch of the inhabitants who may be guilty of fuch offences. The thips belonging to fuch pirates, together with the goods taken by them, and carried into the ports of one or the other nation, thall be feized upon wherever they may be found, and restored to their owners, or their agents or factors, duly by them authorized; provided always they fhall have proved, before a competent tribunal, their right of property.

And if the faid effects fhould have paffed by fale into other hands, and that the captors were, or might have been, fo informed, a fufpicion fhould arife that the faid effects had been carried off by pirates, they fhould, nevertheless, be, in like manner, restored.

XXVII. Neither of the two nations fhall participate in the fisheries of the other on its coafts, nor difturb it in the rights which it now enjoys, or may enjoy, on the coafts of Newfoundland, in the Gulf of St. Lawrence, or in any other place whatever on the coaft of America, to the north of the United

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States. But the whale fishery fhall be open to both nations in all parts of the globe.

This convention fhall be ratified on both fides in full and due form, and the ratifications fhall be exchanged within the space of fix months, or fooner, if poffible.

In teftimony whereof, the refpective plenipotentiaries have figned the above articles, both in the English and French languages, and have thereto affixed their feals, declaring, moreover, that their fignature in both languages fhall not be adduced as a precedent, and fhall no wife prove difadvantageous to either party.

Done at Paris, the 8th Vendemiaire, 9th year of the
French republic, 30th Sept. 1800.

(Signed)

(A true copy.)

JOSEPH BONAPARTE, C.P.
FLEURIEU. ROEDERER.
OLIVER ELLSWORTH.
W. R. DAVIE.
W. V. MURRAY.

C. M. TALLEYRAND.

Subftance of a Convention concluded between General Augereau, authorized by the French Government to treat with the States of the Empire, and his Highness the Prince Charles of Isembourg. THERE fhall be peace, friendship, and good intelligence, be

tween the contracting parties. The territory of Ifembourg and its dependencies fhall be confidered as allied countries, and fhall be exempted, as fuch, from all military contributions and charges. If the military operations fhould require the paffage or the lodgment of the French armies, nothing fhall be required but on the payment of ready money. The Prince of Ifembourg is to furnish, on these terms, a contribution of 100,000 livres, in three payments, to be paid into the chefts of the French paymasters of the army.

This convention, ratified by the First Conful on the 1st October 1800, and the decree, which is figned Bonaparte, flates, that the principality and poffeffions of the Prince and Count of Ifembourg fhall enjoy the full benefit of neutrality.

French

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