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Relations with France.

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roll, or shipping paper, would be required. It was tion of the master or commander of the said shiş then suddenly demanded; and the decree (like " that it may appear thereby that the ship realy the law of January, 1798, respecting articles of and truly belongs to the subjects of one of the the produce or manufacture of Great Britain,) was parties;" and with this further view, "that al instantly enforced, and became a snare to the mul- manner of dissensions and quarrels might be titudes of American vessels, which, for want of avoided and prevented:” for, as was declared in previous notice, would not have on board the doc- the twenty-seventh article, when a ship of the ument in question, if their Government should party remaining neutral, met with by a ship of the permit them to receive a document which they other party, had shown her sea-letter or passport were under no obligation to produce. For it can- she was to be free and at liberty to pursue het not, with any semblance of justice, be pretended voyage, so as it should not be lawful to molest of that the vessels of one nation are bound to furnish search her in any manner, or to give her chase, ar themselves with papers in forms prescribed by the force her to quit her intended course.". laws of another. And if we resort to the treaty It also merits observation, that, according to the of 1778, or to the sea-letter or passport annexed to tenor of the sea-letter or passport, in every port or it, on which letter the Directory pretended to haven where he (the neutral master) should enter found their decree concerning the rôle d'équipage, with his ship, he is required to show, not a réle we shall see that these words are not to be found d'équipage, but his passport. Yet this passport

. in either ; and, although the passport mentions“ a made and intended by the Governments of France list signed and witnessed, containing the names, and the United States, in 1778, to facilitate and surnames, the places of birth, and abode of the protect their commerce, to exempt it from rexacrew of his [the neutral master's] ship, and of all tions, and to prevent dissensions and quarrels, bas who shall embark on board her, whom he shall by the Government of France, been converted innot take on board without the knowledge and per- to a fatal snare, an engine of mischief, producing mission of the officers of the marine;" yet, instead quarrels, dissensions, vexations, and, to the comof being obliged " to have the list on board,” the merce of many American citizens, absolute depassport declares, that " he shall enter it in the struction. proper office;" and all that the treaty requires him II. If these preliminaries should be satisfactoto exhibit at sea is the sea-letter, or passport. In rily arranged, then, for the purpose of examining a word, whatever is said about the rôle d'équipage, and adjusting all the claims of our citizens, it will in the French application of the phrase, has rela- be necessary to provide for the appointment of a tion to the laws and usages of France. "It was to Board of Commissioners similar to that described be exhibited to the officers of the marine ; but the in the sixth and seventh articles of the Treaty of United States have not, nor ever had, like France, Amity and Commerce between the United States any such description of officers, employed in the and Great Britain. examination and clearing of vessels and their The Commissioners of the two nations may crews.. prior to their going to sea; and the Direct- first meet at Paris. In choosing the fifth Comory, if they had wanted pretences for despoiling missioner, they will have a right to propose our commerce, might as well have made the omis- Frenchman or an American. But it might consion of appointing marine officers in our ports, to duce to more satisfactory results if the fifth Comwhom, according to the letter of the passport, the missioner were a foreign civilian, eminent for his rôle d'équipage was to be exhibited, a cause of learning, talents, and integrity. 'capture and condemnation, as the omitting to fur- Three of the Commissioners may constitute a nish them with rôles d’équipage in the French board, provided one named on each side and the form. In preparing, in 1793, the sea-letter for fifth Commissioner be present. The four ComAmerican vessels, the Secretary of State, Mr. Jef- missioners, in the absence of the fifth, may also ferson, changed, in divers places, the letter of the constitute a board; and, in each case, the declpassport

, substituting other words applicable to us; sions of a majority are to be valid. But, when, on and for “officers the marine,”* officers and any questions, the four Commissioners

, in the judges of the marine," which words were descrip- absence of the fifth, shall be equally divided, such tive of French institutions, using only the phrase questions are to be re-examined and decided in proper officers,” in conformity with our own. In the presence of the fifth Commissioner. Further

, the same manner, the "ship’s roll,” or shipping in absence of the fifth Commissioner, any three of paper of the United States, if at all required, the other Commissioners may constitute a Board, should have been respected by France, as her role and their decisions valid in cases where they are d'équipage would have been respected by the unanimous. United States. And, after all, what was the real The salaries of the Commissioners, the expense object of the sea letter, (in which alone there is attending the commission, and the supplying of any reference to a list of the crew,) and what was vacancies in it, may be regulated in the manner it substantially to express? The twenty-fifth ar- proposed in the eighth article of our Treaty of ticle of the treaty of 1778 informs us," in case Amity and Commerce with Great Britain. either of the parties should be engaged in war, the The Commissioners should be appointed and ships and vessels belonging to the subjects or peo- meet at Paris

, within six months after the ratifple of the other ally, must be furnished with sea- cations of the treaty by the respective Governletters or passports, expressing the name, property, ments, and as much sooner as may be. and bulk of the ship as also the name and habita- Claims may be presented to the Board during

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Relations with France.

two years, commencing with the day on which III. If the preceding claims shall be duly atthe Commissioners shall first assemble to proceed tended to, and adequate arrangements made for to business; and, in particular cases, in which it adjusting and satisfying them, you will then turn shall appear to them reasonable and just, they your thoughts to the regulation of navigation and may extend the time of receiving claims to any commerce, and to some other points interesting to reasonable term after the expiration of the two the two nations. years.

IV. It may be stipulated that there shall be a All sums which the Board may award to Amer- reciprocal and entirely perfect liberty of comican claimants, France should stipulate to pay in merce and navigation between France and the gold and silver, without any deduction, ai such United States, and their territories and dominions, place or places, and at such time or times, as the in every part of the world; but without admitCommissioners shall appoint. The awards should ting the vessels of either country into the rivers comprehend a reasonable allowance of interest on of the other beyond the highest ports of entry the amount of the original losses and damages, from the sea. or, instead of prompt payment, the whole may With the usual policy of European nations, constitute a transferable capital, bearing interest | France may object to the free admission of Ameriuntil the debt be discharged.

can vessels into the ports of her colonies. But the The Board should also take cognizance of the singular injuries our commerce has sustained from claims which may be presented to them by Amer- France, during the present war, which no payican citizens for merchandise, or other property, ments to be made by her, under the preceding stipseized by the French in their own ports or else- ulations, can ever fully compensate, plead for an where, and not comprehended under the head of entire liberty of trade with her colonies, at least captures; and for their vessels arbitrarily and un- during the term of the proposed treaty, and until reasonably detained in French ports, and for the the stipulated compensations shall actually have losses and damages thereby sustained, the Board been made. Another reason will naturally opeshould award equitable compensations, to be paid rate in favor of this claim; the inability of France in the manner prescribed in the case of captures. immediately to furnish the requisite navigation

The claims of the United States, as distin- and supplies for the commerce of her distant posguished from those of their citizens, for injuries sessions. received from the French Republic, or its citi- But if France will not allow us a trade with zens, should be submitted to the same Board; and her colonies on the terms which may be agreed whatever sums they award, France should stipu- in respect to the parent State, we should be silent late to pay, in the manner before mentioned, in on the subject. The commerce of all our territhe case of captures.

tories will be open to France; that of all her doAs the French Government have heretoforecom- minions should be alike open to us. At any rate, plained of infringements of the Treaty of Amity it appears inexpedient for the United States to and Commerce by the United States, or their citi countenance injurious distinctions respecting colozens, all claims for injuries thereby occasioned to nial commerce, to obtain a share in it by agreeing France, or its citizens, are to be submitted to the to allow a price for it in the payment of extra same board; and whatever damages they award, duties. Neither ought we to stipulate anything will be allowed by the United States, and deducted like what is contained in the last clause of the from the sums awarded to be paid by France. third article of our treaty with the United Neth

If, however, the French Government should erlands. Such an engagement would be a species desire to waive its national claims, you may do of guaranty of the colony system. It is sufficient the like on the part of the United States. Doubt- for the United States to treat foreign nations with less the claims of the latter would exceed those of justice and friendship. the furmer; but, to avoid multiplying subjects of V. It may be stipulated that no other or higher dispute, and because national claims may proba- duties shall be paid by the ships or merchandise bly be less definite than those of individuals

, and of one party in the ports of the other, than such consequently more difficult to adjust, national as are or shall be payable by the like vessels or claims may, on both sides, be relinquished. merchandise of all other nations: that no other

All claims for sums due to American citizens, or higher duties shall be imposed in one country by contracts with the French Government or its on the importation of any articles which are the agents, which may be presented to the Board, growth, produce, or manufacture of the other than France should stipulate to pay within the shortest are or shall be payable on the importation of the periods possible to obtain, with interest, at the rate like articles being of the growth, produce, or manor rates agreed on; or, if no agreement about in- ufacture of any other foreign country; and that terest appears, then at the rate to be fixed by the no prohibition shall be imposed on the exportation Board, and from the times when the sums were or importation of any articles from or to the terrespectively payable by contract. This also may ritories of the two parties, respectively, which be transferable stock.

shall not equally extend to all other nations. The questions about interest, and any other And for the information of their respective felquestions which may arise out of the claims low-citizens, and to prevent abuses, it may be founded on contracts, not explicitly determined stipulated that the Consuls of each nation shall be by the treaty, may be left to ihe decision of the officially furnished in the other with tariffs of all Board of Commissioners.

imposts, customs, duties, and charges; by which

Relations with France.

tariffs the demands of the officers of each nation or other injury should happen, the party who may be respectively limited.

territorial rights are thus violated should use ! VI. The freedom of navigation and commerce utmost endeavors to obtain from the offend here proposed will require the admission of the party full and ample satisfaction for the captor citizens of the two countries respectively into the or other injury so committed. The just freedo dominions of the other, with liberty to reside there, of commerce, and the interest and dignity of the to hire and possess houses and warehouses for the neutral nation, demand the protection of all repurposes of their commerce, and complete protec- sels entering its ports, not only from being taken tion and security for the merchants and traders on but from being pursued within its jurisdiction

. I each side, with their property, whether in going immediately after their departure from its ports to, residing in, or returning from, the country of therefore, their enemy, finding an asylum in thos the other. Nor should they be liable to any tax ports, should not be permitted to leave the same on their persons or property, to which the natives until the lapse of twenty-four hours after suca are not equally subject. They should be at lib- departure. erty to manage their own affairs, without being XIII. No asylum should be given to pirates obliged to employ any factor, broker, or interpre- vessels and property rescued from their hands ter, or any persons to load or unload their vessels; should be restored to the proper owners; the pirates with a right, however, to employ any or all of and any who conceal or assist them, should be them, as well as advocates and attorneys, at their brought to condign punishment; all with the prepleasure.

cautions customary in such cases. VII. The merchants and others of one nation XIV. The ships of war and other public res. residing in the other, should have liberty to dis- sels of each party should at all times be hospitapose of their property by testament, or otherwise, bly received in the ports of the other; their offiincluding real estates already acquired; and, if cers and crews paying due respect to the laws and dying intestate, their heirs should enjoy the right government of the country. of succession. Provided that, if the laws of either XV. In case the citizens of either pariy with country should at the time be incompatible with their private shipping, armed or unarmed, be forced such transfer or inheritance of real estates by aliens, through stress of weather, pursuit of pirates or they may be sold or otherwise disposed of to citi- enemies, or any other urgent necessity, to seek for zens of the two countries respectively. The citi- shelter in the ports of the other, they should be zens of the United States should not, in respect received and treated with humanity, and enjoy ali to their property, be considered as aubains in friendly protection and assistance. France; and, consequently, should be exempted XVI. In the case of vessels wrecked, foundered, from the droit d'aubain, or other similar duty. or otherwise damaged, they should receive in

VIII. The mutual residence of citizens of the each country the same protection and assistance two nations in the countries of each other neces- as if they belonged to the inhabitants of the counsarily requires the free exercise of religion, at try on whose coasts the misfortune should happen. least in their own houses, and in their own way; XVII

. Each party may appoint Consuls for the and permission to bury the dead in convenient protection of trade, to reside in the dominions and places.

territories of the other, including colonies as well IX. If debtors flee from one country to the as the mother country: for wherever trade is perother, the creditors should be allowed to pursue mitted, there the assistance and protection of Conthem, and have the benefit of the laws of the suls is necessary. If a Consul be sent to a colony, country to which they flee, in the same manner his provisional admission by the colonial governas if the debts had been there contracted.

ment might suffice until the pleasure of the naX. Neither the debts due from individuals of tional government should be known. The Conthe one nation to the individuals of the other, nor suls may enjoy the rights and liberties which beshares nor moneys which they may have in' the long to them by the law of nations. public funds, or in the public or private banks, XVIII. Deserters from public and private ves. should ever, in any event of war or national dif- sels should be delivered up, and the laws of each ferences, be sequestered or confiscated.

country make suitable provision for that purpose. XI. The ships of the citizens of the respective The merchants and commanders of vessels, pubcountries coming upon any coasts belonging to lic and private, of one nation, in the country of either, but not willing to enter into port; or, being the other, may engage and receive on board seaentered into port, and not willing to unload their men or others, natives or inhabitants of the councargoes or break bulk; they should be treated ac- try to which the vessels belong : Provided that, cording to the general rules prescribed, or to be either on one side or the other, they may not take prescribed, relative to the object in question.* into their service such of their countrymen (not

XII. Neither party should permit the ships or deserters) who have already engaged in the ser goods belonging to the citizens of the other to be vice of the other party, whether in war or trade. taken within cannon shot of the coast, nor else- and whether they meet them by land or sea; at where within their jurisdiction, by ships of war least if the captains or masters under whose comor others having commission from any Prince, mand such persons may be found, will not volun: Republic, or State whatever. But if such capture tarily discharge them from their service. Not

only the original enlistment, shipping paper, or *See section 60, new collection law.

rôle d'équipage, but a copy, duly certified by a

Relations with France.

judge of the country, may be admitted in proof of or pretended trials, and sales of prizes, by French desertion.

Consuls and agents: in order to prevent any claim XIX. It may be agreed, that, on mutual requi- to the exercise of such powers, it will be expesitions by the respective Ministers or Consuls of dient expressly to declare they shall not be exerthe two nations, persons charged with murder or cised in the United States; whether the prizes are forgery committed within the territorial jurisdic- made by public ships or privateers. There will, tion of one, and fleeing to the other, shall be de- of course, be a reciprocal denial of the exercise of livered up

the like powers by American Consuls and agents XX. It may be agreed that neither party shall in the dominions of France. Prizes ought to be intermeddle in the common fisheries on the coasts conducted to the country to which the captors of the other party, nor disturb the other party in belong, unless the two parties are engaged in hosthe exercise of the rights which either now holds, tilities against a common enemy. But, in this or may acquire, of fishing on the banks of New-case, the established courts for prize causes in the foundland, in the Gulf of St. Lawrence, or else country to which the prizes are conducted should where on the American coast northward of the alone take cognizance of them. United States of America: but that the whale

XXIII. The duties of an impartial neutrality, and seal fisheries may be freely exercised in every when either party shall remain neutral, will forquarter of the world.

bid any permission to the enemies of the other to XXI. The seventh and twenty-second articles arm originally, or to increase a former armament, of the Commercial Treaty between the United in the ports of the neutral party. States and France, of February 6, 1778, have been

XXIV. When one of ihe parties shall be enthe source of much altercation between the two gaged in war, the vessels of the other may be capnations during the present war. The dissolution lured on just suspicion of having on board propof that and our other treaties with France leaves erty belonging to the enemy of the former, or of us at liberty with respect to future arrangements; carrying to the enemy any of the articles which with the exception of the now preferable right are contraband of war. With these exceptions, secured to Great Britain by the twenty-fifth arti- the trade of each party to the ports of the enemies cle of the Treaty of Amity and Commerce. In of the other should be perfectly free, unless to the that article we promise mutually that, while we ports actually blockaded; and if such enemies continue in amity, neither party will in future forbear to capture enemies' property in neutral make any treaty ihat shall be inconsistent with vessels, it may be agreed that in such case, the that article or the one preceding it. We cannot, contracting parties will forbear to capture the vestherefore, renew with France the seventeenth and sels of each other for that cause. The law of twenty-second articles of the Treaty of 1778. Her France of the 18th of January, 1798, respecting aggressions, which occasioned the dissolution of produce or manufactures coming from England that treaty, have deprived her of the priority of or her possessions, is incompatible with the stipurights and advantages therein stipulated. Indeed, lation here proposed, and, it not repealed, negotiaif the public

faith pledged in the British Treaty tions with you must be deemed illusory. did not forbid a renewal of those engagements

But that captures on light suspicions may be with France, sound policy should prevent it. We avoided, and the vexations and injuries thence should preserve to ourselves the right of allowing arising prevented, the usual sti ions for seaevery commercial nation in amity with us the letters or passports, and certificates or manifests like shelter, supplies, and assistance, under like of the cargoes of vessels, may be introduced. But circumstances; and, by excluding all equally when neither party should be allowed to prescribe the engaged in war, (saving to each the rights of hu- form, or to require the exhibition of any documanity and hospitality,) we may keep the calami- ment (the sea-letter and certificates before menties of war at a distance. The engagements with tioned excepted) not required by the laws or Great Britain may cease in two years after the usages of the party to whose citizens the vessels close of the present war: but, under the stipula- and their cargoes belong. The form of the seations contained in the twenty-eighth and last arti- letter should be simple, like that now used by the cles of the British Treaty, the engagements in United States, in that part of the passport which question may be continued to a longer period. If, is printed in the English language. therefore, you should find any cogent reasons for

When the quality of the ship, goods, and masrenewing in substance the seventeenth and twen- ter, shall sufficiently appear from the sea-letter ty-second articles of the Commercial Treaty

with and certificates, the commanders of armed vessels France of 1778, it must be with the explicit de should exact no further proof. And if any merclaration that neither at the present or any future chant ship be not provided with a sea-letter or time, shall the said articles be construed to dero- certificates, the case should be examined by a gate from the whole or any part of the twenty- proper judge; and if it be found, from other proofs fourth and twenty-fifth articles of the Treaty of and documents, that the vessel truly belongs to Amity, Commerce, and Navigation between the the citizens of one of the parties, it should not be United States and His Britannic Majesty, con- liable to confiscation, bui be released with its cluded at London on the 19th of November, 1794. cargo, with the exception of enemies' property

XXII. The present war has exhibited such in- and contraband goods which may be found on conveniences and mischiefs in our own country, board. The change of the master not to invaliand such monstrous abuses elsewhere, by trials, I date the passport.

Relalions with France.

XXV. The following articles, beyond the quan- with his papers. This is an abuse ; and ma: tities proper for the ship's use, may be deemed instances have occurred in the present war, i contraband of war: cannon, mortars, their car- which it has been practised with great inhumanit riages and beds, muskets, petards, match, ball, and most when it was most inhuman-in tempe bombs, grenades, carcasses, cartridge-boxes, gun- tuous weather, when a boat could not be put on. powder, salt petre, pikes, halberds, swords, belts, but with imminent danger of the lives of the me pistols, holsters, cavalry saddles and furniture, It will therefore be very well to stipulate tbat the and, generally, all kinds of arms and warlike in- neutral party shall in no case be required to go e struments fit for the use of troops; and all these board the examining vessel. And if this should articles may be declared to be just objects of con- in any cases prevent an examination, it can afia fiscation, whenever they are attempted to be car- no just ground of complaint; for prima facie, bei ried to an enemy; but the vessel in which they ler is the right of the neutral than of the bellige are laden and the residue of the cargo to be free. rent vessel. Besides, the stipulation would be re France will probably not desire to extend further ciprocal. the use of contraband. and especially not to com- XXVII. The usual stipulations in treaties, de prehend timber for ship building, 'naval stores, signed to prevent abuses by armed vessels, have and other articles for the equipment of ships. If, ever been found inadequate; perhaps they do nos however, she urges an extension, then timber for admit of a complete remedy. If, however, any ship, building, tar, pitch, turpentine, rosin, copper nation does not provide penalties and securities

, in sheets, sails, and sail cloth, hemp and cordage, whereby to restrain offenders and indemnify the may be added; and generally, whatever may serve injured, the nation itself ought to be responsible. directly and principally for the equipment of ves- Doubtless, the nation should be immediately resels. But iron in pigs and bars, timber for house sponsible for all abuses committed by national frames, pine or fir planks and boards, staves, nails ships. suitable for house building, coarse linens, and, One abuse is the destruction or concealment of generally, all other articles which, though'occa- papers of captured vessels. A remedy for this sionally or from necessity applicable to the equip- seems practicable: the captors may be obliged to ment of ships, are not directly and principally give a receipt for them upon a list of the papers; prepared for that purpose.

and they may also be sealed up with the seals of It is also probable that France will not desire the captors and captured. to consider provisions as contraband, unless going The master and supercargo, being entrusted by to a place actually blockaded, and we ought stren- the owners with the vessel and cargo, ought nerer uously to resist any other construction ; but if to be separated from them. They may prevent what is said on this subject in the eighteenth ar- waste and embezzlement, and, on the arrival of ticle of our commercial treaty with Great Britain the vessel, will be ready for examination ; and, should induce France seriously and with earnest- also, to claim the property in behalf of the ownness to demand the like stipulation, it may be con

ers, and contest, as of right they may do, the leceded; yet a modification may first be attempted, gality of the capture. by proposing not only that if provisions be cap- Bribery, or an attempt to bribe any one of the tured, they shall be promptly paid for, with a ship’s company or passengers to depose to any reasonable mercantile profit, freight, and demur- fact tending to the condemnation of vessel or rage, but that they shall not be captured at all cargo, or putting any of them to torture for that unless going to a place actually blockaded, or to or any other purpose, should absolutely procure supply an invading army or hostile fleet, though her acquittal. in situations not actually forming an investment But a still greater evil remains, and more diffior blockade.

cult to remedy—the improper institution of prize XXVI. If , on the exhibition of the certificates courts

. Probably no provision can be explicitly or manifests of a ship's cargo, the property of an made, other than that each party will take effec enemy, or contraband goods, be discovered, and tual care that the judgments and decrees in prize the ship be consequently captured and carried into causes shall be given conformable to the rules of port, provision must be made to prevent embez- justice and equity, and the stipulations of the zlement, waste, and destruction.

treaty, and without any unnecessary delay, by But there is a very common regulation to pre-judges above all suspicion, and who have po mabi vent disorder and injury in stopping and examin- wer of interest in the cause in dispute. It would ing neutral ships, which certainly is disregarded be some check on the judges in prize causes if in practice, viz: That the examining ship shall their reasons for condemning were not approach the neutral within cannon shot, stated, with the other proceedings, in writing while her boat is sent to make the examination and copies of the whole should, it demanded, be It is a rule which would produce both inconve- delivered to the commander or agent of the capnience and delay, and in bad weather be imprac- tured vessel without the smallest delay, or, at furticable , or very dangerous. The provision that thest

, within fifteen days after sentence pronounced, only two or three men shall enter the neutral ves- and sooner if practicable

, and at the expense of the sel is very proper, though, like many other salu- captors, (in case of condemnation,) not of the captary regulations, is not enforced by penalties on tured, who are otherwise sufficiently distressed. offenders. But instead of visiting the neutral, the other often requires the neutral to send an officer into the ports of the party at war, or of an asso

Prizes, as already observed, should be conducted

required to be

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