Page images
PDF
EPUB

ration of war, will be considered the commanders of such ships, as a fufficient notice to the fub privateers, &c. which they thall jects of either State, whatever be obliged to produce. But all quarter of the world they may the ports of both States shall be come from.

Thut against all prizes made on the XX. In order to provide farther subjects of either : and in cale for the safety of the subjects on such prizes and captors should be both sides, that neither of the driven to some of the said ports, parties may be annoyed by the by stress of weather, every means armed thips or privateers belongMall be employed to hatten their ing to the other, during the course departure. of a war, particular injunctions XXIlI. In case any fhips, boats, shall be laid upon the commanders &c. should be wrecked or otherof ships and privatecrs, &c. &c. wife damaged on the coasts of eito the respective subjects of the ther of the contracting States, all contracting powers, not to vex or aid and affiftance thall be given te offer any molellation to any one the difressed crews, to whom parof them; and, in case of failure ses and free conduct shall be grantherein, the ofiending party fhall ed for their return into their own be punished, and compelled to country. make good the damage, their per. XXIV. If a thip or ships, either fons and fortunes answering for the of war, or employed for the purfame.

pose of trading, by one of the XXI. All hips and effects re: Siates, should, by stress of wea. taken from privateers or pirates, ther, imminent danger from pi. Shall be carried into fome of the rates, enemies, &c. be compelled ports belonging to either State, to take felter in any poris, ri. and returned to the owners, upon vers, bays, &c. belonging to the their giving satisfactory proofs of other, they shall be treated with their right to the said recap. all humanity, friendship, and tures,

molt cordial protection. Leave XXII. It hall be lawful for all fall be granted them to take in commanders of ships of war, pri- provisions and refreshments at a vateers, &c. to carry off freely all rea'onable rate, and to purchase 'fhips and effects taken from the whatever they may fand in need enemy, without being subject to of, either for themselves or for pay any du:y or duties to the Ad- the purpose of repairing the dainiralty or other courts ; nor shall mage they may have suffered, and fuch prizes be liable to be detain- also for the continuation of their ed or feized upon in any of the voyage No obstacle whatever shall ports of the reiceclive States : the be laid in their way to stop or de. Searching officers shall not be per- tain them in any of the said ports, mitted to visit or search the laid &c. whence they shall be at liberprizes: the captors whereof will ty to fail, whenever they may be at liberty to put back to sea, think fit. , and convoy the prizes wherever XXV. In order to put comthey are directed to be carried ; as merce in the moft Aourishing itate, fpecified in the orders given to it is agreed, that, in cafe a war

hould

hould at any time break out be. marque from any power, in actween the contracting parties, fix tual enmity with either of them, months shall be allowed to the to fit out their ships in any port respective subjects for them to re- belonging to the said States, fire with their families and pro- therein sell their prizes, or make perty, to whatever place they may in any wise an exchange of their judge proper ; also to be at liber, said ships, merchandize, goods, ty, during the above space of or effects, being the whole or part time, to sell or otherwise dispose of the cargo contained in the of their goods and chattels, with a foresaid captures. Nor shall the out the least hindrance or molefta- said commanders be permitted to tion. But, above all, ic is pro- take in provisions, but just as much vided, that the said subjects shall as will enable them to reach a port, not be detained, by arrestment or nearest to the dominion of their ,' seizure. On the contrary, during employers. the aforesaid six months, the re- XXVIII. Subjects and inhabi. spective States, and their subjects, tants of both the contracting paror inhabitants, fall have good ties shall be at liberty to navigate and speedy justice done to them; their ships (without any distincfo chat, during the said time, tion of owners, to whom the car. they may recover their goods and go or cargoes may belong) from effects, whether they be in the all ports whatever belonging to public funds, or in private hands. the powers, that then are, or af. And if any part thereof should bap terwards may be in amity with pen to be embezzled, or that any either of the aforementioned. insult or wrong should have beea States; as also to trade in their offered to the subjects, &c. of either way to or from such places, ports, State, the offending party shall and towns belonging to the ene. give the immediate and convenient mies of either party, whether the satisfa&tion for such embezzlement, said place be within the jurisdic. wrong, or insult.

tion of one or more powers. It XXVI. The subjects, &c. of is also hereby ftipulated, that the either State fhall abstain from re- freedom of shipping will be exquiring or accepting any com- tended to the cargoes belonging miffions or letters of marque from to the respective subjects or inha. any power then at war with either bitants of the said States, though of said States, so as to command the whole, or part of the said armed fhips against either, and to cargo should be the enemy's protheir detriment; and if any indi. perly. This privilege is also to vidual, belonging to either, should be constructed as extending to all fail herein, he shall be dealt with persons whatever, on board the as being guilty of piracy.

said ships (the military in the eneXXVII. It shall not be lawful my's service only excepted) 20 for any privateer, not belonging well as contraband goods. to either of the contracting par- XXIX. This article contains a ties, which might be furnished large enumeration of the goods with commilions, or letters of prohibited to be carried to the

enemy,

[ocr errors]

enemy, which comprehends all These letters, or passes, shall be manner of warlike stores. It gives renewed every year, if the bearers alfo an account of such goods as should return to the fame port may be lawfully exported, name. within that time. It is farther ly cloathing and other manufac- agreed, that besides the aforesaid tured goods of wool, cloth, filks, passes certificates shall be given, &c. &c. the matters employed in mentioning every part of the care manufacturing the same ; gold goes, the respective places from and filver either coined or in bulc and to which such thips may be lion, all forts of metals, corn, and bound. The said certificates to feeds, fpices, tobacco, meat, falt be drawn up in the usual form or smoaked, and every kind of before the officers of the place eatables ; in fine, fhip timber, from whence the said ships are to fails, canvas, and every effect fail; and the faid officers shall be whatever not falhioned in the at liberty to mention, by name, Shape of any tool or warlike in- if they think it expedient, the frument usually employed in war, owners of the cargo or cargoes, cither by sea or landi: all the afore. XXXI. The commanders or faid goods and wares, thall at no owners of ships belonging to the time be looked upon as contra. contracting parties, entering into band, and may be carried by the any of the roads of either of the fabjecis and inhabitants of the said States, who may not think confederate States, even to places proper to enter into port; or, belonging to the eneory then at when entered, will not chuse to war with either pariy, excepting unload either the whole or part of only such towns and places, which their cargo, shall not be compelled might happen to be besieged, sure to declare in what it confifts, unsounded or blocked up at, the time lefs a well grounded suspicion of shipping off, for their use, the fould arise, on some evident cirfaid wares and goods.

cumstances, of their being laden XXX. In order to prevent all for the enemy, or carrying from diffcnlion and difficulty which one of the confederate States, to might arite between the fubjects the other, any prohibited goods; of either State, in cafe. one of in which case, such commanders, them fhould go to war with some owners, or inhabitants, thall be other power or powers, the lip- obliged to Mew their paffports and ping, &c. be onging to the other certificates, drawn up in the manparty, fall be provided with let- ner hereafter mentioned. ters or passes, specifying the name, XXXII. When the tips, be cargo, and burthen of the thip, longing to either State, sailing together with the captain or coastways, or otherwise, thall be master's name; and the place of met by the ships of war, privahis rclidence : that thus it inay ap- teers, &c. of the other party, in pear that the mip, &c. belongs order to prevent mischief, the lattruly to the said subjects and in- ter shall keep out of the reach of habitants. The said pass to be the guns, though it will be lawworded as Shall be mentioned at ful for them to send their boats to se end of this present treaty. board the abovefaid merchanimet,

[ocr errors]

SIR,

not suffering above two or three tention and purport of which, men at a time to get on board to are sufficiently explained in the them. The master, or commander XXXth article of this treaty. of the said ships, fall present his palsports, conformably to the te

No. II. Copy of a Letter to bis Expor hereafter recited. After which,

celiency B. Franklin, Eja af the said hip, or merchantman,

Paris.. fhall be at full liberty to continue its voyage, without being search AS your Excellency and the ed, chaced, or obliged to alter A Right Honourable Congress its course, or otherwise molested, will certainly be already comunder any pretence whatsoever. pletely informed of my interview,

XXXIil. It is farther agreed, at Aix-la-Chapelle, with Mr. that all goods and effects what. William Lee, about a cwelveever, being once put on board of month ago, in the presence of a hip, or ships, belonging to , Mr. William Stokton ; and as he either of the contracting parties, is shortly to arrive himself, I have fall not be liable to a second made no difficuty, and it gives me visit, or search, after having un. even much satisfaction, to expose dergone that which must precede unto him some triding alteracions, the lading of such thips; as all of no great consequence, which prohibited goods must be stopped are thought necesary to be made. on the very spot, before they are in the plan of the treaty of coma faffered to be carried on board the merce, which is now to be looked hips belonging to either party ; over afresh. the same not being liable to any The differences confist only in. other kind of embargo for the supprefling, in the sixth article, aforesaid cause. And the subjects all that is mentioned there conof either state, where such effects cerning religion ; and, in fax, it Thall, or should have been seized is absolutely not proper, that any upon, shall be punilhed for im- mention thereof Thould be made porting the same, according to the between truo republic, the conttia manner provided by the laws, tutions and fundamental laws of cuftoms, and ordinances of his which plead aloud for a perfect own native country.

liberty of conscience. XXXIV. The contracting par. The tenth article, concerning lies mutually agree, that they the Barbarian powers, is binding hall be at liberty to have their on both sides, in case the same respective consuls, vice - consuls, should take place any time herecommissaries, and other agents, after. appointed by and for each party. The other suppressions which Their functions and officers shall are thought necessary in the ar. be regulated by a particular con- ticles VIII, XXII, and XXVII, vention, whenever either of the are for the greatest part establiihed contracting powers thall think pro. to prevent objections. For this per to appoint fuch officers, reason, the latter part of the eighile

Here follows the form of the article has been suppressed, where pasiport and certificate, the in- it is said, and their lips of war,

on the XXe words. Mall be fra

or convoys, failing under auth). P. S. Mr. Stokton will be fo rity, &c.

kind, and he is very well informed, It has likewise been thought to give your Excellency and the proper to suppress the latter part right honourable, Congrefs all the of the XXIId article, which begins information necessary with regard with these words, on the contrary, to the plan proposed by Colond no asylum or refuge fhall be grant- Dircks. ed, &c.

The XXVIIth article at pre- Novu. A Letter from Mr. J. W. fent stands thus : It shall not be

Stokton, to the Rev. Dr. Wi. lawful for any privateer, holding

therfpoon, Member of Congress, any commiffons or letters of marque

dateà Amsterdam, from any prince or power, in war

April 14, with any of the high contracting

1779. parties, to fit out their frips in the

SIR, ports belonging to either of the con- I NDER the petsuagon that tracling pai tiesiog nor therein to sell you would not be displeased their prizes, nor to exchange in any with me, I have taken the liberty other manner whatever, the fips, of writing several letters to you, goods, and merchandizes, bring e. fince the month of May last, hav. ther the whole, or part of the cargo ing, since that timc, at the requicontained in the said captures,

fition of W. Lee, Esq. executed These are the measures that have the functions of fecretary to the 'been taken to establish the basis of American commission, at the courts this treaty; and from a particular of Vienna and Berlin, and I am regard for the right 'honourable at present on the point of returncongress, having by us a copy of ing to America with the first con- the treaty, such as it was drawn up voy. I send this letter to Mr. at first, and such as it stands at Adams, who is set out, a few present, we thought it our duty weeks ago, from Paris for Nantz, to inform your Excellency of the where he proposes to embark on ftate in which this important affair board the frigate l'Alliance, which, is at present, and which we fhall it is thought, will be ready in a always be ready to forward with few days to fail for Boston. the same zeal with which it has I hould certainly have taken my been began.

passage on board the said frigate Mr. Stokton will likewise in. with him, if it had been poffible form your Excellency of fome to convey my effects, which are other affairs, which itand in need still here on shore, foon enough to of some explanations.

Nantz. · I must, therefore, now Wishing that the union of the wait for another favourable opTwenty States may soon be estab. portunity, and I beg the favour lifted upon a permanent footing, of you to acquaint my brother we remain, with the most perfect thereof, having 'lately written 10 consideration and esteem,

him, to that effect, by the preYour Excellency's

ceding opportunity of a veliel. I moft humble and

bave endeavoured, as much as pol. most obedient fervants, fible, to acquire a thorough know, JOHN DE NEUFVills and Son. ledge of the true and exaci fate of Amfierdom, July 28, 1779.

political

« PreviousContinue »