in the country, ports, &c. of the enemies of either party, without encountering any obftacle or control; and not only pats directly from the ports and fortreffes of the enemy above mentioned into neutral ports and for relles, but, more over, from any place belonging to an enemy into any other apper-. taining to another enemy, whether it be or be not fubjected to the fame jurifdiction, unlels thefe ports or fortrelles be actually beficged, blockaded, or inveited. And in cafe, as it often happens, that vellels fail for a fortrefs or port belonging to an enemy, without knowing that they are befieged, blockaded, or invefted, it is provided, that every hip that fhall be found in fuch circumftances fhall veer off from fuch harbour or for trefs, without being expofed to be detained or confifcated in any part of its cargo (unlets it be contraband, or that it be proved that the faid fhip, after having been apprized of the faid blockade, &c. had attempted to enter into fuch harbour,) but it fall be empowered to go into any other port or harbour it may deem convenient. No hip belonging to either nation, that enters into a port or fortrels before it be really put in a fiate of fiege or blockade by the other, fhall be prevented from failing out with its mentioned articles, whenever they fhall be found deftined for an enemy's port, fhall be declared contraband, and juftly expofed to confilcation. But the fhip with which they were freighted, as well as the reft of the cargo, fhall be regarded as free, and in no manner fhall be vitiated by the contraband goods, whether they belong to many, or to one and the fame proprietor. 14th. It is fipulated by the prefent treaty, that free flips fhall likewile enfure the freedom of goods, and that all things on board fhall be reckoned free belonging to the citizens of one of the contracting parties, although the cargo, or part of it, fhould belong to the enemies of the two; it being understood, nevertheless, that contraband goods will always be excepted. It is, likewife, agreed, that this freedom fhall extend to the perfons of those who fhall be found on board the free fhips, although they should be enemies to one of the two contracting parties; and it fhall not be lawful to take them from the laid free fhips, at leaft if they are not foldiers, and actually in the fervice of the enemy. 15th. It is agreed, on the other hand, that all goods found put by the relpective citizens on board fhips belonging to the enemy of the other party, or to their fubjects, fhall be confifcated, without diftinction of prohibited or non-prohibited, and, likewife, if they belong to the enemy, to the exception always of effects and merchandifes which fhall have been put on board the faid fhips before the declaration of war, or even after the above declaration, if it could not be known at the moment of lading; fo that the merchandifes of the citizens of the two parties, parties, whether they are contraband or otherwife, which, as has been faid, fhall have been put on board a veffel belonging to an enemy before the war, or even after the declaration of war, when it was not known, fhall 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, underflood 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 refpective citizens, from whatever part of the world they come, fhall not be allowed to allege the ignorance in question in the prefent article. 16th. Merchant-hips 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 thall be obliged to exhibit on the high feas, as well as in harbours or roads, not only their palports but likewife their certificates, proving that thefe effects are not of the fame kind as thofe contraband articles fpecified in Article 13 of the prefent convention. 17th. And to avoid captures upon frivolous fufpicions, and to prevent the mifchief which refults from them it is agreed, that when one of the two parties fhall be at war, and the other neutral, the vellels of the neutral party fhall be furnished with paffports fimilar to thofe fpecified in Article 4, fo that it may thus appear that the vefiels. belong truly to the neutral party. Thefe pafiports fhall be valid for any number of voyages; but they fhall be renewed every year, if the vellel returns home during the courfe 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 ulages to the contrary; and if it does not appear by thefe certificates that there is any contraband merchandise on board, the veffels fhall be allowed to proceed on their voyages. If, on the contrary, it appears by thele certificates that the vellels have contraband merchandifes on board, and the mafter offers to deliver them up, the offer fhall be accepted, and the fhip fhall be left at liberty to proceed on her voyage, at least 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. Ifa fhip 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 hip belongs to the citizens of the neutral party, the fhall not be condemned, but shall be fet at liberty with her cargo, the contraband goods excepted, and fall be at liberty to proceed on her voyage. If the captain, named in the paffport of the thip, fhould die, or cease to command her, from any cause, 18th. If the ships of the citizens of 19th. It is exprefsly agreed by the parties, that the above ftipulations, 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 hall not be lawful to vifit 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. 20th. Where veffels fhall be taken ing fome contraband article to the or ftopped under pretence of carryreceipt of the papers of the thip enemy, the captors fhall give a 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 confifcatien (always excepting, however, the fip and other articles which the contains). 21ft. That the fhip and cargo may prevent wafte, it is determined, be watched over with care, and to that the mafter, captain, or fupercargo, of the captured veffel fhall not be removed from on board, either while the flip fhall be at fea, after having been taken, or during the proceedings which against her, her cargo, or fomething take place relating to her. citizens of either of the parties shall Where the fhip belonging to the be taken, feized, or detained, to be tried, her officers, paffengers, and crew, fhall be treated with humanity; they fhallnot be imprisoned, nor stripped oftheir clothes, nor of money for their private use, which must not exceed, for the captain, fupercargo, or mate, 500 dollars each, and for the failors and paffengers 100 dollars each. 22d. It 22d. It is farther agreed, that in all cafes the tribunals established for prize-caufes in the countries to which the prizes fhall be conducted, fhall alone be competent to take cognizance of them; and whatever judgement the tribunal of one party pronounces against any fhip or merchandizes, or property claimed by citizens of the other, the fentence shall make mention of the reafons or motives which have led to this judgement, 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. 23d. 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 hips of war, or of privateers, and all other citizens of one of the two parties, fhall 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 fhall 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 commiffions, fhall enter into an obligation, before a competent judge, to give a guarantee, at leaft, by two refpontible 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 VOL. XLII. francs; and if the faid veffels carry more than 150 failors, or foldiers, 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 du ring 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. 24th. When the fhips of war belonging to the two contracting parties, or those which their citizens may have armed as privateers, hall be admitted to take their prizes intò the ports of one of the two parties, the faid fhips, whether public or private property, as well as their captors, fhall not be obliged to pay any duties, either to the officers on 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 seized or flopped; 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 fhips 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 pri vileges of the moft favoured 'nations. 25th. All privateers, bearing commiffions from a ftate or prince at war with one or the other nation, fhall not fit out their fhips in the ports of one or the other U nation, nation, nor there fell their prizes; neither shall 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. 26th. 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 offences. The hips belonging to be guilty of fuch fuch pirates, together with the goods taken by them, and carried into the ports of one or the other nation, fhall be feized upon whereever they may be found, and restored to their owners, or their agents on both fides in full and due form, This convention shall be ratifed and the ratifications fhall be exchanged within the space of fix months, or fooner, if pofible. 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 fig. nature in both languages fhall not be adduced as a precedent, and fhall no wife to either party. prove difadvantageous Done at Paris, the 8th Vendemaire, 9th year of the French republic, 30th September, 1800. (Signed) Jofeph Bonaparte, C. P. W. R. Davie. W. V. Murray. or factors, duly by them autho- (A true copy.) C. M. Talleyrand. rized; provided always they fhall have proved, before a competent tribunal, their right of property. And if after the faid effects fhould have paffed by fale into other hands, and it appears that the captors or might have been, in Treaty of Amity and Commerce between the King of Pruffia and the United States of America. IS majefty the king of Prufia, formed, and it should all be proved Hand the United States of Ame also that the faid effects had been carried off by pirates, they fhall, nevertheless, be, in like manner, restored. 27th. Neither of the two nations fhall participate in the fifh eries 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 States. But the whale-fishery fhall be open to both nations in all parts of the globe. rica, defiring to maintain, on a stable and permanent footing, the connechave hitherto fo happily fubfifted tions of good understanding, which between their refpećtive ftates, and for this purpose to renew the treaty of amity and commerce concluded between the two powers, at the Hague, on the 10th of September, 1785, for the term of ten years, his Pruffian majefty has nominated and conftituted as his plenipotentiaries, the count Charles William de Finkenftein, his minifter of ftate, of war, and of the cabinet, knight of the |