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Relations with France.

try where it may be, and the other nation shall the other, and to sail and trade with their ships be at liberty to enact similar laws.

and merchandise, with perfect security and liberArt. 8. To favor commerce on both sides, it is ty, from the countries, ports, and places of those agreed that, in case war should break out between who are enemies of both, or of either party, withthe two nations, (which God forbid,) the term of out any opposition or disturbance whatsoever, and six months after the declaration of war shall be to pass not only directly from the places and ports allowed to the merchants, and other citizens and of the enemy aforementioned, to neutral ports and inhabitants, respectively, on one side and the other, places, but also from one place belonging to an duriog which time they shall be at liberty to enemy, to another place belonging to an enemy, withdraw themselves, with their effects and move whether they be under the jurisdiction of the ables, which they shall be at liberty to carry, send same Power, or under several; unless such ports away, or sell, as they please, without the least ob- or places shall be actually blockaded, besieged, or struction; nor shall their effects, much less their invested. persons, be seized during such term of six months; And whereas it frequently happens that vessels on the contrary, passports, which shall be valid sail for a port or place belonging to an enemy, for a time necessary for their return, shall be given without knowing that the same is either besieged, to them for their vessels and the effects which they blockaded, or invested, it is agreed that every vesshall be willing to send away or carry with them; sel so circumstanced, may be turned away from and such passports shall be a safe conduct against such port or place, but she shall not be detained, all insults and prizes which privateers may at- nor any part of her cargo, if not contraband, be tempt against their persons and effects. And if confiscated, unless, after notice of such blockade anything be taken from them, or any injury done or investmant, she shall again attempt to enter ; to them, or their effects, by one of the parties, but she shall be permitted to go to any other port their citizens, or inhabitants, within the term or place she shall think proper. Nor shall any above prescribed, full satisfaction shall be made vessel of either, that may have entered into such to them on that account.

port or place before the same was actually besiegART. 9. Neither the debts due from the indi-ed, blockaded, or invested by the other, be restrainviduals of the one nation to the individuals of the ed from quitting such place with her cargo, nor other, por shares, nor moneys which they may if found therein after the reduction and surrender have in public funds, or the public or private of such place, shall such vessel or her cargo be libanks, sball ever, in any event of war or national able to confiscation, but they shall be restored to difference, be sequestered or confiscated.

the owners thereof. ART. 10. It shall be free for the two contract- Art. 13. In order to regulate what shall be ing parties to appoint commercial agents for the deemed contraband of war, there shall be comprotection of trade, to reside in France and the prised, under that denomination, gunpowder, saltUnited States. Either party may except such petre, petards, match, ball, bombs, grenades, carplace as may be thought proper from the residence casses, pikes, halberds, swords, belts, pistols, holof these agents. Before any agent shall exercise sters, cavalry saddles and furniture, cannon, morhis functions, he shall be accepted in the usual tars, their carriages and beds, and generally all forms by the party to whom he is sent; and when kinds of arms, ammunition of war, and instruhe shall have been accepted and furnished with ments fit for the use of troops; all the above artihis exequatur, he shall enjoy the rights and pre- cles, whenever they are destined to the port of an rogatives of the similar agents of the most favored enemy, are hereby declared to be contraband, and nations.

are just objects of confiscation ; but the vessel in Art. 11. The citizens of the French Republic which they are laden, and the residue of the carshall pay in the ports, havens, roads, countries, go, shall be considered free, and not in any manislands, cities, and towns of the United States, no ner infected by the prohibited goods, whether beother, or greater duties or imposts, of what nature longing to the same, or a different owner. soever they may be, or by what name soever call- ART. 14. It is hereby stipulated that free ships ed, than those which the nations most favored shall give a freedom to goods, and that everything are

, or shall be obliged to pay, and they shall enjoy shall be deemed to be free and exempt which shall all the rights, liberties, privileges, immunities, and be found on board the ships belonging to the citiexemptions in trade, navigation, and commerce, zens of either of the contracting parties, although whether in passing from one port in the said States the whole lading, or any part thereof, should apto another, or in going to and from the same from pertain to the enemies of either, contraband goods and to any part of the world, which the said na- being always excepted. It is also agreed, in like tions do, or shall enjoy. And the citizens of the manner, that the same liberty be extended to perUnited States shall reciprocally enjoy in the ter- sons who are on board a free ship, with this effect: ritories of the French Republic in Europe, the that, although they be enemies to either party, same privileges and immunities, as well for their they are not to be taken out of that free ship, unproperty and persons, and for what concerns trade, less they are soldiers and in actual service of the navigation, and commerce.

enemy. ART. 12. It shall be lawful for the citizens of Art. 15. On the contrary, it is agreed that whateither country to sail with their ships and mer- ever shall be found to be laden by the citizens of chandise (contraband goods always excepted) from either party on any ship belonging to the eneany port whatever to any port of the enemy of mies of the other, or their citizens, shall be con

Relations with France.

fiscated without distinction of goods, contraband port or certificates as above required for the same. or not contraband, in the same manner as if it be- such case may be examined by a proper judge or longed to the enemy, except such goods and mer- tribunal; and if it shall appear, from other docuchandises as were put on board such ship before ments or proofs admissible by the usage of nations. the declaration of war, or even after such declara- that the ship belongs to the citizens of the neutral tion, if so be it were done without knowledge of party, it shall not be confiscated, but shall be resuch declaration ; so that the goods of the citi- leased with her cargo, (contraband goods exceptzens of either party, whether they be of the na- ed,) and be permitted to proceed on her voyage. ture of such as are prohibited or otherwise, which, If the master of a ship named in the passport as is aforesaid, were put on board any ship be- should happen to die, or be removed by any other longing to an enemy before the war, or after the cause, and another put in his place, the ship and declaration of the same, without the knowledge cargo shall, nevertheless, be equally secure, and of it, shall no ways be liable to confiscation, but the passport remain in full force. shall well and truly be restored without delay to Art. 18. If the ships of the citizens of either of the proprietors demanding the same: but so as the parties shall be met with, either sailing along that if the said merchandises be contraband, it the coasts or on the high seas, by any ship of war shall not be in any way lawful to carry them after- or privateer of the other; for the avoiding of any wards to any ports belonging to the enemy. disorder, the said ships of war or privateers shall

The two contracting parties agree, that the term remain out of cannon shot, and may send their of two months being passed after the declaration boats on board the merchant ship which they of war, their respective citizens, from whatever shall so meet with, and may enter her to the numpart of the world they come, shall not plead the ber of two or three men only, to whom the masignorance mentioned in this article.

ter or commander of such ship sball exhibit his Art. 16. The merchant ships belonging to the passport concerning the property of the ship, made citizens of either of the contracting parties, which out according to the form prescribed in the fourth shall be bound to a port of the enemy of one of article. And it is expressly agreed that the neuthe parties, and concerning whose voyage, and tral party shall in no case be required to go on articles of their cargo, there shall be just grounds board the examining vessel for the purpose of esof suspicion, shall be obliged to exhibit, as well hibiting his papers, or for any other examination upon the high seas as in the ports or roads, not whatever. only their passports, but likewise their certificates, Art. 19. It is expressly agreed by the contractshowing that their goods are not of the quality of ing parties, that the stipulations above mentioned, those which are specified to be contraband in the relative to the conduci to be observed on the sea thirteenth article of the present convention. by the cruisers of the belligerent party towards

Art. 17. And that captures on light suspicions the ships of the neutral party, shall be applied onmay be avoided, and injuries thence arising pre- ly to ships sailing without convoy; and, when the vented, it is agreed, that it one party shall be engag. said ships shall be convoyed, it being the intention ed in war, and the other party be neuter, the ships of the parties to observe all the regard due to the of the neutral party shall be furnished with pass- protection of the flag displayed by public ships, it ports similar to that described in the fourth arti- shall not be lawful to visit them: but the verbal cle, that it may appear thereby that the ships re- declaration of the commander of the convoy, that ally belong to the citizens of the neutral party ; | the ships he convoys belong to the nation whose that they shall be valid for any number of voy- flag he carries, and that they have no contraband ages, but shall be renewed every year, that is, if goods on board, shall be considered by the respecthe ship happens to return home in the space of a tive cruisers as fully sufficient: the two parties year. If the ships are laden, they shall be pro- reciprocally engaging not to admit, under the provided, not only with the passports above men- tection of their convoys, ships which shall carry tioned, but also with certificates similar to those contraband goods destined to an enemy. described in the same article; so that it may be Art. 20. In all cases where vessels shall be known whether they carry any contraband goods. captured or detained under pretence of carrying No other paper shall be required, any usage or to the enemy contraband goods, the captor

shall ordinance to the contrary notwithstanding. And give a receipt for such of the papers of the vessel if it shall not appear from the said certificates as he shall retain, which receipt shall be annexed that there are contraband goods on board, the to a descriptive list of the said pa pers: and it shall ships shall be permitted to proceed on their voy- be unlawful to break up or open the hatches, age. If it shall appear from the certificates that chests, trunks, casks, bales, or vessels found on there are contraband goods on board any such board, or remove the smallest part of the goods. ship, and the commander of the same shall offer unless the lading be brought on shore in presence to deliver them up, the offer shall be accepted, of the competent officers, and an inventory be and the ship shall be at liberty to pursue its voy- made by them of the said goods. Nor shall it be age, unless the quantity of contraband goods be lawful to sell, exchange, or alienate the same in greater than can conveniently be received on any manner, unless there shall have been lawful board the ship of war or privateer; in which case process, and the competent judge or judges shall the ship may be carried into port for the delivery have pronounced against such goods sentence of of the same.

confiscation, saving always the ship and the other If any ship shall not be furnished with such pass- goods which it contains.

Relations with France.

same.

ART. 21. And, that proper care may be taken ART. 24. When the ships of war of the two of the vessel and cargo, and embezzlement pre- contracting parties, or those belonging to their vented, it is agreed, that it shall not be lawful to citizens which are armed in war, shall be admitremove the master, commander, or supercargo of ted to enter with their prizes, the ports of either any captured ship, from on board thereof, either of the two parties, the said public or private ships, during the time the ship may be at sea after her as well as their prizes, shall not be obliged to pay capture, or pending the proceedings against her, any duty either to the officers of the place, the or her cargo, or anything relative thereto. And, judges, or any others; nor shall such prizes, when in all cases where a vessel of the citizens of either they come to and enter the ports of either party, party shall be captured or seized, and held for ad- be arrested or seized: nor shall the officers of the judication, her officers, passengers, and crew, shall place make examination concerning the lawfulbe hospitably treated. They shall not be impris- ness of such prizes; but they may hoist sail at any oned or deprived of any part of their wearing time, and depart, and carry their prizes to the apparel, nor of the possession and use of their places expressed in their commissions, which the money, not exceeding for the captain, supercargo, commanders of such ships of war shall be obliged and mate, five hundred dollars each, and for to show. It is always understood that the stiputhe sailors and passengers, one hundred dollars lations of this article shall not extend beyond the each.

privileges of the most favored nation. ART. 22. It is further agreed, that in all cases ART. 25. It shall not be lawful for any foreign the established courts for prize causes, in the coun- privateers who have commissions from any Prince try to which the prizes may be conducted, shall or State in enmity with either nation, to fit their alone take cognizance of them. And whenever ships in the ports of either nation, to sell their such tribunal of either of the parties shall pro- prizes, or in any manner to exchange them; neinounce judgment against any vessel or goods or iher shall they be allowed to purchase provisions, property claimed by the citizens of the other par- except such as shall be necessary for their going iy, ihe sentence or decree shall mention the rea- to the next port of that Prince or State, from which sons or motives on which the same shall have they have received their commissions. been founded, and an authenticated copy of the Art. 26. It is further agreed, that both the said septence or decree, and of all the proceedings contracting parties shall not only refuse to receive in the case, shail, if demanded, be delivered to any pirates into any of their ports, havens, or the commander or agent of the said vessel, with towns, or permit any of their inhabitants to receive, out any delay, he paying the legal fees for the protect, harbor, conceal, or assist them in any

manner, but will bring to condign punishment all ART. 23. And that more abundant care may be such inhabitants as shall be guilty of such acts or taken for the security of the respective citizens of offences. And all their ships, with the goods or the contracting parties, and to prevent their suf- merchandises taken by them and brought into the fering injuries by the men of war, or privateers of port of either of the said parties

, shall be seized, either party, all commanders of ships of war and as far as they can be discovered, and shall be reprivateers, and all others the said citizens, shall stored to the owners, or their factors, or agents, forbear doing any damage to those of the other duly authorized by them, (proper evidence being party, or committing any outrage against them; first given before competent judges for proving the and if they act to the contrary, they shall be pun- property;) even in case such effects should have ished, and shall also be bound in their persons and passed into other bands by sale, if it be proved estates to make satisfaction and reparation for all that the buyers knew, or had good reason to bedamages, and the interest thereof, of whatever na- lieve or suspect that they had been piratically ture the said damages may be.

taken. For this cause, all commanders of privateers, ART. 27. Neither party will intermeddle in the before they receive their commissions, shall here- fisheries of the other on its coasts, nor disturb the after be obliged to give, before a competent judge, other in the exercise of the rights which it now sufficient security by at least two responsible sure- holds, or may acquire on the coast of Newfoundties, who have no interest in the said privateer, land, in the Gulf of St. Lawrence, or elsewhere each of whom, together with the said command on the American coast, northward of the United er, shall be jointly and severally bound in the sum States. But the whale and seal fisheries shall be of seven thousand dollars, or thirty-six thousand free to both in every quarter of the world. eight hundred and twenty francs; or, if such ships This Convention shall be ratified on both sides be provided with above one hundred and fifty sea- in due form, and the ratifications exchanged in men or soldiers, in the sum of fourteen thousand the space of six months, or sooner, if possible. dollars, or seventy-three thousand six hundred In faith whereof, the respective Plenipotentiaand forty francs; to satisfy all damages and injuries have signed the above articles both in the ries which the said privateer, or her officers or French and English languages, and they have men, or any of them, may do or commit during thereto affixed their seals; declaring, nevertheless, theii cruise, contrary to the tenor of this conven- that the signing in the two languages shall not be tion, or to the laws and instructions for regulating brought into precedent nor in any way operate to their conduct; and further, that in all cases of ag- the prejudice of either party. gressions, the said commissions shall be revoked Done at Paris, the eighth day of Vendemiaire, of and annulled.

the ninth year of the French Republic, the thir

Relations with France.

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commerce.

tieth day of September, Anno Domini eighteen

The following are the instructions above referhundred.

red to. JOSEPH BONAPARTE,

Instructions to Oliver Ellsworth, William Richardson OLIVER ELLSWORTH,

Davie, and William Vans Murray, Esquires, Envoys CHARLES P. C. FLEURIEU, Extraordinary and Ministers Plenipotentiary of the WILLIAM R. DAVIE,

United States of America to the French Republic. PIERRE LOUIS REDERER, GENTLEMEN : You have been witnesses of the WILLIAM V. MURRAY. enduring patience of the United States, under the

unexampled aggressions, depredations, and hostil

ities, authorized and sanctioned by the French Journal of the Envoys.

Republic against the commerce and citizens of Journal of Oliver Ellsworth, William R. Davie, and the United States; and you are well informed of

William Vans Murray, Envoys Extraordinary and the measures adopted by our Government to put Ministers Plenipotentiary to the Court of France, a stop to these evils, to obtain redress for the incontaining their correspondence and negotiations jured, and real peace and security to our country: from the 17th of January, 1800, to the 3d of Octo- And you know that, instead of relief, instead of ber in the same year; and terminating in the Con- justice for past wrongs, our very moderate devention with France, of the 30th September, 1800. mands have been immediately followed by new

OCTOBER 16.

aggressions and more extended depredations; The following letter from the Secretary of

while our Ministers, seeking redress and reconcilState, with its enclosure, was delivered to Mr. iation, have been refused a reception, treated with Ellsworth and Mr. Davie, at Trenton.

indigoities, and finally driven from its territories.

This conduct of the French Republic would DEPARTMENT OF State, well have justified an immediate declaration of

Trenton, Oct. 16, 1799. war on the part of the United States; but desirous Sır: To fulfil the President's orders, and to of maintaining peace, and willing io leave open convey correctly to you and his sentiments

the door of reconciliation with France, the United towards you, and his determination respecting

States contented themselves with preparations for your mission as Envoys Extraordinary to the defence, and measures calculated to protect their French Republic, I enclose a copy of his letter to me of this date; and have the honor to be, with The treatment experienced by the former Engreat respect, your obedient servant,

voys of the United States to the French RepubTIMOTHY PICKERING. lic, having determined the President not to send

thither other Ministers, without direct and une

quivocal assurances previously signified by its TRENTON, Oct. 16, 1799.

Minister of Foreign Relations, that they would

be received in character to an audience of the DiSir: I request you to order fair copies of the rectory, and that they should enjoy all the prerog. instructions, as corrected last evening, to be pre-atives attached to that character by the law of napared and delivered to Judge Ellsworth and Gov- tions, and that a Minister or Ministers of equal ernor Davie, with another for Mr. Murray, with powers should be appointed and commissioned to out loss of time; and to write a letter to those treat with them : the French Government, by Mr. gentlemen as Envoys Extraordinary to the French Talleyrand, its Minister of Foreign

Relations, bas Republic

, expressing, with the affectionate respects declared, " that it will receive the Envoys of the of the President, his desire that they would take United States in the official character with which their passage for France, on board the frigate they are invested; and that they shall enjoy all United States

, Captain Barry, now lying at Rhode the prerogatives attached to it by the law of naIsland, by the 1st of November, or sooner, if con- tions; and that one or more Ministers shall be sistent with their conveniences. Captain Barry duly authorized to treat with them.” This the will have orders to land them in any port of President deems to be substantially the assurance France which they may prefer, and to touch at which he required as the previous condition of any other ports which they may desire. The the Envoys entering on their mission. It now President's hest wishes for their health and happi- belongs to you, gentlemen, to see that this assu: ness, as well as for an honorable termination of rance be verified. Your country will not submit their mission, will attend them. As their visit to

to any new indignity or neglect. It is expected, France is one of the most critical, important, and when you shall have assembled at Paris, and have interesting moments that ever has occurred, it given official notice of it to the Minister of Forcannot fail to be highly entertaining and instruct- eign Relations, that you will be received to an auive to them, and useful to their country, whether dience of the Executive Directory; that a Minisit terminate in peace and reconciliation or not. ter or Ministers, with powers equal to your own, The President sincerely prays God to have them will be appointed to treat with you; and that within his holy keeping.

in twenty days at furthest, after I am, sir, with great respect and esteem, your Paris, your negotiation will be commenced. If, faithful humble servant,

however, your passports to Paris should be unreaJOHN ADAMS.

sonably withheld ; if an audience of the Directory T. PICKERING, Esq., Secretary of State. should be denied or procrastinated; if the appoint

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arrival at

Relations with France.

ment of a Minister or Ministers, with equal pow- The French Government, if it has any serious ers, to treat with you, should be delayed; or, if, wish to accommodate existing differences, can when appointed, they postpone the intended nego- make no difficulty in admitting the general proptiation ; you are to relinquish your mission, de osition, that, for injuries arising from violated mand your passports, and leave France; and, hav- laws and engagements, reparation shall be made. ing once resolved to terminate the mission, you In every claim under this general stipulation, the are not to resume it, whatever fresh overtures or question will occur, Has the treaty, or the law of assurances may be tendered to you by the French nations, been violated ? Government.

But such a general stipulation will not be suffiOne more limitation: The subjects of differ- cient. The five specific propositions just stated ence between the United States and France have are obviously proper rules of adjudication ; but often been discussed and are well understood; and, the previous admission of the first and second is therefore, admit of a speedy decision. The nego- vastly important, to remove from hazard the most tiation is expected to be concluded in such time interesting claims of our citizens. that you may certainly embark for the United To capture neutral property, because it was proStates by the 1st of next April. This is highly duced or manufactured in the country of an eneimportant, in order that on your return Congress my to France, is so palpably injust, that it seems may be found in session, to take those measures improbable that even the men who originated the which the result of your mission shall require. If law, were they still in power, would persist in it it can be earlier concluded it will be still better. as of right; and it is scarcely possible for their

If any of the periods above mentioned should be successors to hesitate on this point. To hesitate prolonged with your assent, it is expected that the would be to doubt whether a man has a right to circumstances will be stated for your justification. occupy bis own house, or to wear his own clothes,

I. At the opening of the negotiation you will unless he had built the first, or manufactured the inform the French Ministers, that the United last, with his own hands. States expect from France, as an indispensable The second proposition respecting the rôle d'condition of the treaty, a stipulation to make to équipage, as well as the first, should be insisted on. the citizens of the United States full compensa- Until the decree of the Directory of March 2, tion for all losses and damages which they shall 1797, was passed, and we had felt its fatal effects, have sustained, by reason of irregular or illegal we had no idea of the meaning which the French captures or condemnations of their vessels and applied to the phrase rôle d'équipage. In the Conother property, under color of authority or com- sular Convention between the United States and missions from the French Republic or its agents. France, article ninth, which relates to deserters And all captures and condemnations are deemed from vessels, the document is described in the irregular or illegal, when contrary to the law of French by the words “ des registres du bâtiment nations generally received and acknowledged in ou rôle d'équipage," and in the English part of Europe, and to the stipulations in the Treaty of the Convention by the words “the registers of the 1 Amity and Commerce, of the 6th of February, vessel or ship's rolls.” And this paper was to be 1778, fairly and ingenuously interpreted, while produced to the proper judge, to prove a deserter that treaty remained in force; especially when to belong to the vessel in question. The law or made and pronounced.

usage of each nation was incontestably to direct 1. Because the vessels' lading, or any part there- what was proper for its own vessels in this respect. of, consisted of provisions or merchandise coming if an American master claimed from a judge in from England or her possessions.

France his warrant to arrest a deserter, he must 2. Because the vessels were not provided with have produced his “ship's roll,” or what in the the rúles d'équipage prescribed by the laws of United States is called his shipping paper, which France; and which, it has been pretended, were is a contract signed by all the persons composing also required by treaty.

a vessel's crew. The propriety and necessity of a 3. Because sea letters or other papers were ship's roll was, in the year 1790, sanctioned and wanting, or said to be wanting when the property enforced by an act of Congress; and, without such shall have been, or shall be, admitted or proved to a written contract, the master, besides being subbe American. Such defect of papers, though it jected to other disadvantages, could not claim his might justify the captors and exempt them from men when they deserted. This ship's roll every damages, for bringing in such vessels for exami- American master, bound on a foreign voyage, nation, could not. with reason, be a ground of con- takes on board his vessel; and, unquestionably demnation.

every American vessel, captured and condemned 4. When the owners, masters, or supercargoes by the French for the want of a rôle d'équipage, shall have been refused'a hearing, or placed in sit- has, nevertheless, been possessed of the ship's roll, uations rendering their presence at the trial im- just described; and it is the only list of the ship's practicable.

crew, which could ever have been contemplated 5. When the vessels or other property captured by the United States, as necessary for American shall have been sold, or otherwise disposed of, vessels. There never was, indeed, any intimation without a regular trial and condemnation. on the part of France, from 1778, when the Treaty

Captures and condemnations for such causes, of Amity and Commerce was made, until the and under such circumstances, are manifestly ir- passing of the decree of the Directory, in March, regular or illegal.

1797, that a rôle d'équipage, other than the ship's

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