Imatges de pÓgina

authorised for that purpofe; and in every port and harbour where he fhall enter with his fhip, he fhall fhow the prefent permiflion to the proper officers, and make to them a faithful report of all that has paffed during his voyage, and carry the colours, arms, and flags of the French Republic, or the United States, during his faid voyage: in teftimony of which we have igned thefe prefents, caufed them to be counterfigned by, and there unto put the feal of our arms. "Given at in the year of our Lord.”

And this paffport fhall be fufficient without any other document, notwithstanding any regulation to the contrary.

It fhall not be necessary to renew or revoke this paffport, whatever number of voyages the faid fhip fhall have made, unless they fhall not have returned home within the fpace of a year.

With relpect to the cargo, the proofs fhall be certificates containing an account what place the hip has left, and where it is going to, fo that prohibited and contraband merchandise may be diflinguifhed by certificates, which certificates fhall have been made by the officers of the place from whence the flip fhall have fet out, agreeable to the accustomed forms of the country. And if thefe paffports or certificates, or both, fhall have been destroyed by accident, or taken away by force, the want of them fhall be fupplied by every other proof of property adaillible according to the general ufage of nations.

For other fhips befides merchant fhips the proof fhall be the commiflions they bear. This article fhall take effect from the date of the fignature of the prefent convention; and if by the date of the faid

fignature property fhall have been condemned contrary to the spirit of the faid convention, and previous to the knowledge of this ftipulation, the property fo condemned shall be reftored or paid for.

V. The debts contracted by ei ther of the two nations towards the individuals of each fhall be acquitted, or the payment fhall be in courfe, as if there had been no mifunderftanding between the two ftates; but this claufe fhall not extend to indemnities claimed for captures or condemnatious.

VI. The trade between the two parties fhall be free; the fhips of the two nations, and their priva teers, as well as their prizes, fhall be treated in their refpective ports as thofe of the most favoured nation; and in general the two parties fhall enjoy in each other's ports, with refpect to commerce and navigation, the fame privileges as the

moft favoured nations.

VII. The citizens and inhabitants of the United States may dif pofe by will, donation, or otherwife, of their goods, moveable and immoveable property pofleffed in the European territory of the French Republic; and the citizens of the French Republic fhall have the fame power with regard to the goods, moveable and immoveable property poffeffed in the territory of the United States, in favour of fuch perfons as they fhall think proper. The citizens and inhabitants of one of the two ftates, who fhall be heirs of the goods, moveable and immoveable property fituate in the other, may fucceed ab inteftato, without there being any neceflity for letters of neutrality, and without the effect of this stipulation being contefted or impeached under any pretence whatever; and the faid heirs, whether by

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by private right, or ab inteftato, fhall be exempt from all right whatever of any one in either of the two nations. It is agreed, that this article shall not derogate in any manner from the laws which are now in force, in either of the two nations, or which may be promul gated hereafter, against emigration; and alfo, that in cafe the laws of either of the two ftates fhall limit to foreigners the exercife of the right of immoveable property, fuch immoveable property may be fold, or otherwise difpofed, in favour of the inhabitants or citizens of the country where they fhall be fituate; and it fhall be open to the other nation to establish fimilar laws.

wrong towards their perfons or their property, they fhall have complete fatisfaction.

VIII. To favour the commerce of both nations, it is agreed, that if war (which God forbid) fhould break out between the two nations, the merchants and other citizens, or refpective inhabitants, fhall be allowed on both fides fix months after the declaration of war, during which period they fhall have time to retire, with their effects and moveables, which they may carry away, or fell, as they think proper, without the leaft impeachment; their effects, and ftill less their perfons, fhall not, during the period of fix months, be feized. On the contrary, they fhall have paffports, which fhall be valid for the time neceffary to enable them to return home; and thofe paffports fhall be given for themselves, as well as for their fhips and effects which they fhall defire to take or fend away. Thefe paffports fhall ferve as pro tections against all infults and all captures on the part of privateers, as well with regard to themselves as their effects; and if within the term above mentioned there fhall have been committed by one of the par ties, its citizens, or inhabitants, any

IX. The debts due by individuals of one of the two nations to the individuals of the other fhall not, in cafe of war or national difpute, be fequeftered or confifcated, any more than the claims or funds which fhall be found in the public funds, or in the public or private banks.

X. The two contracting parties may nominate, for the protection of trade, commercial agents, who fhall refide in France and the United States. Each of the parties may accept fuch place as it fhall judge proper, where the refidence fhall be fixed. Before any agent can exercife his functions, he must be accepted according to the received forms of the party to which he is fent; and when he fhall be received and provided with his exequatur, he fhall enjoy the rights and prerogatives which are enjoyed by fimilar agents of the most favoured nations.

XI. The citizens of the French Republic fhall not pay, in any ports, harbours, roads, countries, iflands, cities, and places of the United States, other or greater duties or impofts, of what nature foever they may be, and whatever names they may have, than those which the most favoured nations are or fhall be bound to pay; and they fhall enjoy all rights, liberties, privileges, immunities, and exemp tions, relating to trade, navigation, and commerce, whether in paffing from one part of the faid States to another, or whether in going there or returning from fome part to any part of the world, that the faid nations enjoy, or fhall enjoy; and, reciprocally, the citizens of the United States fhall enjoy in the territory

territory of the French Republic, in Europe, the fame privileges and immunities, as well for their goods as their perfons, as for what concerns trade, navigation, and com


XII. The citizens of the two nations may conduct their veffels and their merchandises (always excepting fuch as are contraband) from any port to another belonging to the enemy of the other nation. They may navigate and commerce, with full liberty and fecurity, with their hips and merchandifes, in the countries, ports, and places of the enemies of the two parties, or of the one or the other party, with out obftacles or interruption, and not only país directly from the places and ports of the enemy above mentioned to neutral ports and places, but from every place belonging to an enemy, to any other place belonging to an enemy, whether it be or be not subject to the fame jurifdiction, unless thofe places or ports fhall be really blockaded, belieged, or invefted.

And in cafe, as it often happens, when veffels fall be failing for places or ports belonging to an enemy, ignorant that they are blockaded, befieged, or invefted, it is agreed that every fhip which fhall be found under fuch a predicament fhall be turned from that place or port without any part of its cargo being retained or confifcated (unless it fhall be contraband, or it fhall be proved that the faid thip, after having been informed of the blockade or inveftiture, attempted to enter the fame port); but it fhall be allowed to go to any other port or place it shall think proper. No fhip of either nation, entered in a port or place betore it fhall have been really blockaded, befieged, or invefted by

the other, fhall be prevented from going out with its cargo: if it fhall be there when the faid place fhall furrender, the fhip and cargo shall not be confifcated, but fent away to the proprietors.

XIII. To regulate what shall be underttood by contraband warlike ftores, under this denomination fhall be comprised powder, faltpetre, petards, matches, balls, bullets, bombs, grenades, carcaffes, pikes, halberts, fwords, belts, piftols, fcabbards, faddles, harnefs, cannons, mortars, with their carriages; and, generally, all arms and ammunitions of war, and utenfils for the ufe of troops. All the above articles, whenever they shall be defined for an enemy's port, are declared contraband, and juftly fubject to confifcation; but the fhip in which they fhall be laden, as well as the rest of the cargo, fhall be confidered as free, and fhall in no manner be vitiated by the contraband merchandife, whether they belong to the fame or different proprietors.

XIV. It is ftipulated by the prefent treaty, that the free fhips shall equally affure the liberty of merchandife, and that all things fhall be deemed free which are found on board thips belonging to the citizens of one of the contracting parties, even though the fame, or part of it, fhall belong to the enemies of one of the two; provided, nevertheless, that contraband goods are always excepted. It is likewise agreed, that this fame liberty fhall extend to perfons who may be on board the free fhip, though they fhould be enemies of one of the two contracting parties; and they fhall not be taken from the faid free flips, unless they are in a military capacity, and actually in the fervice of the enemy.

XV. It is on the contrary agreed, that all property which thall be put by the refpective citizens on bord fhips belonging to an enemy of either party, or their fubjects, fhail be confifcated without diftinction of merchandife, prohibited or not prohibited, fo and in like manner as if it belonged to an enemy, with the exception always of property and effts which fhall have been put on board the faid fhips before the declaration of war, or even after the faid declaration, if at the time of lading the party were ignorant of it; so that the merchandifes of citizens of the two parties, whether they be in the number of contraband or not, which, as has been already faid, fhall have been put on board a fhip belonging to an enemy before the war, or even after the faid declaration of war in ignorance of it, fhall not be in any manner fubject to confifcation, but fhall be faithfully and truly given up without delay to the owners claiming them; provided nevertheless, that they fhall not be permitted to carry into the enemies' ports merchandise which fhall be contraband. The two contracting powers agree, that, after a term of two months has paffed from the declaration, their respective citizens, in whatever part of the world they may be, shall not be at liberty to plead the ignorance mentioned

in this article.

XVI. Merchant veffels belong. ing to citizens of either of the contracting powers, when they fhall have a mind to pass to the port of an enemy of the one or the other, and that their voyage, as well as the nature of their cargo, fhall afford juft caufe of fufpicion, the faid fhip fhall be obliged to exhibit at high fea, as well as in ports and roads, not only their paffports, but further

their certificates, proving that these goods are not of the clafs of contraband fpecified in the 13th Article of the prefent convention.

XVII. And in order to prevent captures on frivolous fufpicions, and the damage thence refulting, it is agreed that when one of the two powers fhall be at war, and the other neutral, the veffels of the neutral party fhall be provided with palports fimilar to thofe fpecined in the 14th Article; fo that it may thence appear that the veffels belong to a neutral party. These paffports fhall be valid for any number of voyages whatever; but they fhali be renewed every year, if the hip returns home within the fpace of a year. If thefe fhips are laden, they fhall be provided not only with the passports above mentioned, but also with certificates of the defcription of those mentioned in the fame article, fo that it may be known whether they have on board contraband goods. No other paper fhall be required, all usages and regulations to the contrary notwithstanding and if it should appear from thefe certificates that there is not contraband merchandife on board, the faid fhips fhall be left to pursue their deftination. If, on the contrary, it should appear from thefe certificates that the faid fhips have contraband merchandise on board, and the commander offers to deliver them up, the offer fhall be accepted, and the fhip left at liberty to profecute her vovage, unless the quantity of contraband goods fhould be too great to admit of being taken on board of the ship of war or cruiser; in this case the fhip fhall be carried into port for the purpofe of there delivering the faid goods.

Should a fhip be found without the paffports or the certificate

above required, the bufinefs fhall be examined by competent judges or tribunals; and if it fhould appear from other documents or proofs admiffible by the law of nations that the fhip belongs to citizens of the neutral power, it fball not be condemned, and it fall be fet at liberty with its cargo, contraband goods excepted, and fhall have leave to profecute its


Should the captain named in the paport happen to die or be removed, and another fhall have been appointed in his place, the fhip and cargo fhall be neverthelefs fecure, and the paffport fhall

remain in full force.

XVIII. If the veffels belonging to citizens of the one nation or the other fhall be met along the coaft, or on the high feas, by any fhip of war or cruifer belonging to the other, to prevent all diforder, the faid fhips or cruifers fhall keep beyond the reach of cannon fhot, and fball fend their boat on board the merchant veffel fo met with. They fhall not be allowed to fend on board more than two or three men to demand from the mafter or captain of the fhip the exhibition of his paffport concerning the property of faid fhip, executed agreeable to the form prefcribed in the 14th Article, as alfo the certificates above mentioned relative to the cargo. It is exprefsly agreed that the neutral captain fhall not be obliged to go on board the vifiting fhip for the purpose of there fhowing the papers demanded, or for any other information whatever.

XIX. It is exprefsly agreed by the parties, that the above ftipulations relative to the conduct to be obferved at fea by the cruifers of the belligerent party towards the veffels of the neutral party fhall

apply only to fhips failing without convoy: and in cafe, when the faid fhips fhall be convoyed, the intention of the parties being to obferve all the refpect due to the protection of the flag hoisted on board fhips of the ftate, no vifit fhall be made; but the verbal declaration of the commander of the efcort, that the flips under his convoy belong to. the nation whofe flag he carries, and that they have not any thing contraband on board, fhall be taken by the refpective cruifers as amply fuficient. The two parties bind themfelves reciprocally not to admit under protection of their convoys any vellels carrying contra band merchandise defined for an enemy.

XX. In cafe when the fhips fhall be taken or stopped, under alleged grounds of their carrying any contraband articles to the enemy, the captor fhall give a receipt of the fhip's papers which he fhall detain, which receipt fhall be fubjoined to a declaratory lift of the faid papers, He fhall not be permitted to force or open the hatches, coffers, chefts, drawers, bales, &c. found on board fhips, nor to carry off the fmalleft article of the effects, before the cargo has been difembarked in prefence of the officers competent to make an inventory of the faid effects. They cannot in any manner be fold, exchanged, or alienated, unlefs, after a legal procefs, the competent judge or judges have paffed upon the faid effects a fentence of confifcation (excepting al ways the fhip and the other objects which it contains.

XXI. In order that the vessel and the cargo may be watched with care, and in order to prevent mistakes, it is decreed that the mafter, captain, or fupercargo of the captured fhip, cannot be taken from

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